Regular Session - June 23, 2005

    

 
                                                        5260



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 23, 2005

        11                      10:17 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25



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

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    In the absence of

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

        11       silence, please.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Reading of the

        15       Journal.

        16                  THE SECRETARY:    In Senate,

        17       Wednesday, June 22, the Senate met pursuant to

        18       adjournment.  The Journal of Tuesday, June 21,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  The Secretary will read reports of

         5       standing committees.

         6                  THE SECRETARY:    Senator

         7       DeFrancisco, from the Committee on Judiciary,

         8       reports the following nominations.

         9                  As a justice of the Supreme Court

        10       of the Ninth Judicial District, Richard B.

        11       Liebowitz, of Yonkers.

        12                  THE PRESIDENT:    Senator

        13       DeFrancisco.

        14                  SENATOR DeFRANCISCO:    I'm proud

        15       to rise to move the nomination of Richard B.

        16       Liebowitz as justice of the Supreme Court for

        17       the Ninth Judicial District.

        18                  For Mr. Liebowitz, soon to be Judge

        19       Liebowitz, and all of the other candidates, I

        20       should say generally that the committee

        21       thoroughly reviewed their qualifications

        22       before the hearing this morning, found all to

        23       be qualified that are being nominated today,

        24       and also they appeared before the committee

        25       and were unanimously recommended to the full



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         1       Senate for confirmation.

         2                  Within that in mind, I would

         3       request that you please recognize Senator

         4       Spano to second the nomination.

         5                  THE PRESIDENT:    Senator Spano.

         6                  SENATOR SPANO:    Thank you, Madam

         7       President and Mr. Chair.

         8                  And it's a distinct honor to stand

         9       on the floor of the Senate today to second the

        10       nomination of Richard Liebowitz to the Supreme

        11       Court.

        12                  I've known Judge Liebowitz for over

        13       twenty years, and have seen someone who

        14       started his career in 1992 as a City Court

        15       judge in the City of Yonkers has emerged as a

        16       caring and sensitive person, tackling the

        17       issues of domestic violence, as the judge

        18       currently presides as an acting Family Court

        19       judge in the integrated domestic violence

        20       court.  That's a very serious court in an

        21       urban center of our state, and Judge Liebowitz

        22       has shown the type of caring person that he

        23       is, and sensitivity that he has, that would

        24       certainly do us well as a member of the

        25       Supreme Court.



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         1                  It would be my pleasure to refer to

         2       Judge Liebowitz as a Supreme Court judge.  I

         3       thank the Governor for this appointment today

         4       and am pleased to second his nomination.

         5                  THE PRESIDENT:    The question,

         6       then, is on the nomination of Richard B.

         7       Liebowitz, of Yonkers, as a justice of the

         8       Supreme Court of the Ninth Judicial District.

         9                  All in favor please signify by

        10       saying aye.

        11                  (Response of "Aye.")

        12                  THE PRESIDENT:    Opposed, nay.

        13                  (No response.)

        14                  THE PRESIDENT:    The nominee is

        15       confirmed.

        16                  He is here this morning with his

        17       wife, Rosalie; his daughters, Mary Ann

        18       Liebowitz and Nancy Korn; his grandson, Alex;

        19       and his sister-in-law, Marian Barbiare.

        20                  Congratulations, Judge, and best

        21       wishes to you and your family.

        22                  (Applause.)

        23                  THE PRESIDENT:    The Secretary

        24       will continue to read.

        25                  THE SECRETARY:    As a judge of the



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         1       Court of Claims, Frank A. Gulotta, Jr., of

         2       Woodbury.

         3                  THE PRESIDENT:    Senator

         4       DeFrancisco.

         5                  SENATOR DeFRANCISCO:    I move the

         6       nomination of Frank A. Gulotta, Jr., for a

         7       Court of Claims position.

         8                  And I would request that you would

         9       please recognize Senator Marcellino for the

        10       second.

        11                  THE PRESIDENT:    Senator

        12       Marcellino.

        13                  SENATOR MARCELLINO:    Thank you,

        14       Madam President.  It's a pleasure to rise and

        15       second the nomination of a good friend, a

        16       long-time friend, Frank Gulotta, to go to the

        17       Court of Claims.

        18                  Frank is a good person, comes from

        19       a well-known family on Long Island, a long

        20       history of judicial and political achievement,

        21       firsts in many fields.  But Frank has a

        22       special talent.  He has a quiet nature.  He

        23       has the right temperament to deal with the

        24       issues that come before the Court of Claims.

        25       Doesn't let little things get under his skin.



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         1       He has the proper judicial temperament, as

         2       they say.

         3                  Not being a lawyer, I don't have to

         4       appear before him, so I owe him nothing, he

         5       owes me nothing on this one.  But it is a

         6       pleasure, it is a pleasure to nominate someone

         7       who has the qualifications Frank has and who

         8       will serve with distinction.  And I

         9       congratulate the Governor on his appointment.

        10                  Frank, God bless you, continue to

        11       serve us well in the courts.  I know you will.

        12       We wish you well.

        13                  THE PRESIDENT:    Senator Skelos.

        14                  SENATOR SKELOS:    Madam President,

        15       I too rise to second the nomination of Judge

        16       Frank Gulotta to serve on the Court of Claims.

        17                  You know, Senator Marcellino

        18       touched upon it, but Frank comes from a family

        19       of distinguished public service.  His dad

        20       is -- was a trailblazer in Nassau County,

        21       served in various capacities, but specifically

        22       as the first Italian-American elected as

        23       district attorney in Nassau County.  He went

        24       on to serve on the Supreme Court and the

        25       Appellate Division.



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         1                  And Frank has followed that

         2       tradition:  private practice, where he

         3       understands the needs of attorneys, but also

         4       as a county court judge, where he will have

         5       the criminal acumen in trying cases as he

         6       serves in the criminal part of the Court of

         7       Claims.

         8                  I'm also delighted that his brother

         9       Tom Gulotta is here to witness this, former

        10       county executive of Nassau County, a family of

        11       distinguished public servants.  And I'm just

        12       pleased to second the nomination of Frank

        13       Gulotta.

        14                  THE PRESIDENT:    Senator

        15       Fuschillo.

        16                  SENATOR FUSCHILLO:    Thank you,

        17       Madam President.  I'd just like to say ditto

        18       and ditto to the comments from Senator

        19       Marcellino and Senator Skelos.

        20                  As Senator Skelos said, there's a

        21       long history of public service in the Gulotta

        22       family.  His father, as he said, was the first

        23       Italo-American district attorney in Nassau

        24       County and broke many barriers for many

        25       generations, especially his sons.



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         1                  And his other son, Tom Gulotta, is

         2       there, who served in this legislative body in

         3       the other house and in town and county

         4       politics for many years.  And, like his

         5       brother, Frank has dedicated his life to

         6       public service.

         7                  Frank has done an outstanding job

         8       on the bench, and I know he'll do justice in

         9       serving the residents of this state as a

        10       justice of the Court of Claims.

        11                  Frank, congratulations, and I wish

        12       you the best.

        13                  THE PRESIDENT:    The question now

        14       is on the nomination of Frank Gulotta, Jr., of

        15       Woodbury, as a judge of the Court of Claims.

        16                  All in favor please signify by

        17       saying aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The nominee is

        22       hereby confirmed.

        23                  And Judge Gulotta is accompanied

        24       today by his brother, Tom Gulotta.

        25                  Congratulations, Judge, and best



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         1       wishes to you and your family for a great

         2       celebration.

         3                  (Applause.)

         4                  THE PRESIDENT:    The Secretary

         5       will continue to read.

         6                  THE SECRETARY:    As a judge of the

         7       Court of Claims, Antonio I. Brandveen, of East

         8       Northport.

         9                  THE PRESIDENT:    Senator

        10       DeFrancisco.

        11                  SENATOR DeFRANCISCO:    I move the

        12       nomination of Antonio Brandveen for a

        13       reappointment to the Court of Claims.

        14                  And since this apparently is Nassau

        15       County Day, and judges who reside in Senator

        16       Marcellino's district, I request that you

        17       acknowledge or recognize Senator Marcellino to

        18       second the nomination.

        19                  THE PRESIDENT:    Senator

        20       Marcellino.

        21                  SENATOR MARCELLINO:    I rise with

        22       pleasure to second this nomination, but to

        23       correct my esteemed colleague from Syracuse.

        24       The judge that appears before us at this point

        25       lives in East Northport, which is in the



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         1       Suffolk County portion of my district.  I'm

         2       equally proud to represent that area of the

         3       district.  It is one that I count on on

         4       Election Day for a fairly wide margin.

         5                  Judge Brandveen, as you say, is a

         6       reappointment, but his history shows you the

         7       kind of individual he is.  He served a term in

         8       the Family Court.  This is probably one of the

         9       most difficult courts any lawyer will talk

        10       about.  They always tell you it's very

        11       difficult to get good lawyers, good judges to

        12       go, because it's a hard court, you're dealing

        13       with families in distress, and the problems

        14       are serious and usually very tragic.

        15                  But Judge Brandveen has served well

        16       there, and he's served with distinction in the

        17       Court of Claims, and he's up for

        18       reappointment.  I congratulate the Governor on

        19       a great appointment.  This man obviously has

        20       the credentials, and I'm proud to second this

        21       nomination.

        22                  THE PRESIDENT:    Senator Ada

        23       Smith.

        24                  SENATOR ADA SMITH:    Thank you,

        25       Madam Chair.  It is indeed an honor to commend



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         1       the Governor for this renomination of a good

         2       friend, Tony Brandveen, who has excelled as a

         3       jurist and who has proven himself in many

         4       arenas.

         5                  We miss him in the City of

         6       New York.  Nassau County has taken him away

         7       from us.  But he still comes back to work with

         8       young people.  And he has always been the

         9       pride of many of us who are in the arena of

        10       government, and he has really shown what

        11       people can do when they serve the law the

        12       proper way.

        13                  Tony has really been an example of

        14       what a fine education and a concern for people

        15       can do on the bench.  And we're very proud of

        16       him, and we commend the Governor for his

        17       reappointment.

        18                  THE PRESIDENT:    The question now

        19       is on the nomination of Antonio I. Brandveen,

        20       of East Northport, as a judge of the Court of

        21       Claims.

        22                  All in favor please signify by

        23       saying aye.

        24                  (Response of "Aye.")

        25                  THE PRESIDENT:    Opposed, nay.



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         1                  (No response.)

         2                  THE PRESIDENT:    The nominee is

         3       confirmed.

         4                  And he is accompanied today by

         5       Charlene Plummer.

         6                  Congratulations, Judge, and best

         7       wishes to you on the bench.

         8                  (Applause.)

         9                  THE PRESIDENT:    The Secretary

        10       will continue to read.

        11                  THE SECRETARY:    As a judge of the

        12       Court of Claims, Daniel Martin, of Huntington.

        13                  THE PRESIDENT:    Senator

        14       DeFrancisco.

        15                  SENATOR DeFRANCISCO:    I move the

        16       nomination of Daniel Martin for reappointment

        17       to the Court of Claims.  And since he lives

        18       somewhere on Long Island --

        19                  (Laughter.)

        20                  SENATOR DeFRANCISCO:    -- I

        21       request that you recognize Senator Marcellino

        22       for the second.

        23                  THE PRESIDENT:    Senator

        24       Marcellino.

        25                  SENATOR MARCELLINO:    Thank you,



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         1       Madam President.  And thank you, Senator

         2       DeFrancisco.

         3                  Dan Martin lives with his wife,

         4       Ellen Crowley, in the town of Huntington.  And

         5       I've known Dan for a number of years.  He was,

         6       many years ago, the town leader of the town of

         7       Huntington when I was first nominated to run

         8       in a special election to succeed my

         9       predecessor, Ralph Marino, who had resigned

        10       from the Senate.  Dan was very instrumental in

        11       me getting the nomination and winning the

        12       election and serving where I am today.

        13                  And it's my pleasure to stand up

        14       and second his nomination for reappointment to

        15       the Court of Claims.  Danny has served with

        16       distinction his county and this state, and I

        17       commend the Governor on this appointment.

        18       Danny is a fine man and the epitome of what

        19       one might call the quiet man.  I've never seen

        20       him raise his voice, I've never seen him lose

        21       his temper, but I know he has a fine mind and

        22       a great judicial background.

        23                  And, Danny, congratulations.

        24                  THE PRESIDENT:    The question is

        25       on the nomination of Daniel Martin, of



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         1       Huntington, as a judge of the Court of Claims.

         2                  All in favor please signify by

         3       saying aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (No response.)

         7                  THE PRESIDENT:    The nominee is

         8       hereby confirmed.

         9                  Congratulations, Judge Martin, and

        10       good luck to you.

        11                  (Applause.)

        12                  THE PRESIDENT:    The Secretary

        13       will continue to read.

        14                  THE SECRETARY:    As a judge of the

        15       Court of Claims, Dominic R. Massaro, of Pelham

        16       Manor.

        17                  THE PRESIDENT:    Senator

        18       DeFrancisco.

        19                  SENATOR DeFRANCISCO:    I rise to

        20       move the nomination of Dominic Massaro, a

        21       reappointment to the Court of Claims, and

        22       would request that you would recognize Senator

        23       Maltese for the second.

        24                  THE PRESIDENT:    Senator Maltese.

        25                  SENATOR MALTESE:    Yes, Madam



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         1       President, I'm very proud to second the

         2       nomination of Judge Dominic Massaro as an

         3       extension of the Court of Claims.

         4                  Judge Massaro, through many, many

         5       years of public service, has served ably and

         6       well.  He has some twenty -- in excess of

         7       twenty years as a distinguished jurist, and

         8       just about forty years of public service where

         9       he has acquitted himself in the noblest

        10       traditions.

        11                  In addition to publications and

        12       lectures, he has appeared not only in New York

        13       State but throughout the country, has received

        14       the highest decorations and honors, not only

        15       from our authorities but authorities in Italy

        16       and elsewhere across this country.  And he is

        17       the recipient of many, many distinguished

        18       honors through the Catholic Church, through

        19       the many, many distinguished knighthood

        20       orders.

        21                  He is a person that exemplifies

        22       what a true jurist and true public service

        23       means.  I am proud to second the nomination of

        24       Judge Dominic R. Massaro as a judge of the

        25       Court of Claims.



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         1                  THE PRESIDENT:    Senator Klein.

         2                  SENATOR KLEIN:    Madam President,

         3       I too rise to support the nomination of Judge

         4       Dominic Massaro.

         5                  I have the privilege of having

         6       Dominic Massaro residing in my district in

         7       Pelham Manor.  As a matter of fact, at one

         8       time he lived in the Bronx portion of the

         9       district as well.

        10                  He's someone who I think always

        11       remembered who he is and where he came from.

        12       Always giving back to the community, involved

        13       in a full array of philanthropic endeavors

        14       over the years; the Bronx Chamber of Commerce,

        15       many, many Italian-American organizations.

        16       And I think he proves the quote that

        17       philanthropy is almost the only virtue fully

        18       appreciated by mankind.

        19                  Well, with that being said, the

        20       number that appreciate Judge Massaro is

        21       boundless.

        22                  Thank you, Judge.

        23                  THE PRESIDENT:    The question now

        24       is on the nomination of Dominic R. Massaro, of

        25       Pelham Manor, as a judge of the Court of



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         1       Claims.

         2                  All in favor please signify by

         3       saying aye.

         4                  (Response of "Aye.")

         5                  THE PRESIDENT:    Opposed, nay.

         6                  (No response.)

         7                  THE PRESIDENT:    The nominee is

         8       hereby confirmed.

         9                  Congratulations, Judge, and best

        10       wishes for continued success.

        11                  (Applause.)

        12                  THE PRESIDENT:    The Secretary

        13       will continue to read.

        14                  THE SECRETARY:    As a judge of the

        15       Court of Claims, Victor Myron Ort, of Oyster

        16       Bay.

        17                  THE PRESIDENT:    Senator

        18       DeFrancisco.

        19                  SENATOR DeFRANCISCO:    I move the

        20       nomination of Victor Ort for reappointment for

        21       the Court of Claims.

        22                  And again, I ask you to recognize

        23       Senator Marcellino.

        24                  THE PRESIDENT:    The Long Island

        25       Senator, Marcellino.



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         1                  SENATOR MARCELLINO:    This is a

         2       very pleasant day for me.  Not only do I have

         3       the chance to get the exercise of getting up

         4       and down, but I also have the chance to second

         5       the nomination of a good friend and long-time

         6       friend, Vic Ort.

         7                  It wasn't till today, Vic, that I

         8       finally found out what the "N" stood for.  So

         9       now we have the full name to put with the

        10       face.

        11                  Vic was one of those people when

        12       you first met him -- when I first met him,

        13       many years ago, people said:  This man will be

        14       a judge and should be a judge one day.  And

        15       it's come true.

        16                  I know it's been his lifelong wish.

        17       He has the credentials, he has the judicial

        18       background and the temperament to serve.  And

        19       he wants to serve, and he has served with

        20       distinction.

        21                  I am proud to nominate him, to give

        22       the second to his nomination to succeed

        23       himself on the Court of Claims.

        24                  Congratulations and good luck, Vic.

        25                  THE PRESIDENT:    The question now



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         1       is on the nomination of Victor Myron Ort, of

         2       Oyster Bay, as a judge of the Court of Claims.

         3                  All in favor please signify by

         4       saying aye.

         5                  (Response of "Aye.")

         6                  THE PRESIDENT:    Opposed, nay.

         7                  (No response.)

         8                  THE PRESIDENT:    The nominee is

         9       hereby confirmed.

        10                  Congratulations, Judge Ort.

        11                  And he is accompanied by his wife,

        12       Judy, today.  Best wishes.

        13                  (Applause.)

        14                  THE PRESIDENT:    The Secretary

        15       will continue to read.

        16                  THE SECRETARY:    As a judge of the

        17       Court of Claims, Catherine M. Bartlett, of

        18       Goshen.

        19                  THE PRESIDENT:    Senator

        20       DeFrancisco.

        21                  SENATOR DeFRANCISCO:    I move the

        22       nomination of Catherine Bartlett to the Court

        23       of Claims.

        24                  And I would request that you

        25       recognize Senator Bonacic to second.



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         1                  THE PRESIDENT:    Senator Bonacic.

         2                  SENATOR BONACIC:    Thank you,

         3       Madam President.

         4                  First of all, I'd like to

         5       congratulate Governor Pataki for submitting

         6       the name of Catherine Bartlett as a nominee

         7       for Court of Claims judge.

         8                  This is a young woman who has

         9       accomplished so much in twenty years, from

        10       being a private practitioner to being a town

        11       justice, assistant county attorney, county

        12       attorney, and then being the chief

        13       administrative officer of the County of

        14       Orange.

        15                  She has had so much vast experience

        16       in so many facets of the law.  But when I

        17       think of Katie Bartlett, I think of a

        18       professional who is very dedicated, who is

        19       very disciplined, who is very focused on

        20       achieving her goal.  I know that she will be

        21       an exemplary judge.

        22                  She's here with her husband, Bill

        23       DeProspo, another prominent figure in Orange

        24       County, and their daughter.

        25                  And so I will vote in the



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         1       affirmative.  Thank you, Madam President.

         2                  THE PRESIDENT:    Senator Larkin.

         3                  SENATOR LARKIN:    Thank you, Madam

         4       President.

         5                  I'm very honored to recognize my

         6       constituent, Katie Bartlett, a distinguished

         7       young lady not only in the field of law but

         8       every endeavor that Katie has ever associated

         9       herself with.  Whether you're talking about

        10       law or community service, when you needed

        11       someone to participate and make things happen,

        12       Katie was there.

        13                  Her efforts in the district

        14       attorney's office are well known.  Her efforts

        15       as a town judge in the Town of Goshen -- ask

        16       most of your attorneys, they'll tell you, she

        17       knows her business.  As the county attorney,

        18       she turned around many, many facilities in the

        19       county, to the credit of the county, the

        20       county exec who appointed her.

        21                  And today we're here appointing

        22       her, the first time in the history of Orange

        23       County that we've had a Court of Claims judge.

        24       It is an honor and a privilege for me to stand

        25       here and second the nomination of Katie



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         1       Bartlett.

         2                  And to her children and her

         3       husband, now, Bill, you'll have to take out

         4       the garbage.

         5                  (Laughter.)

         6                  THE PRESIDENT:    Senator Morahan.

         7                  SENATOR MORAHAN:    Thank you,

         8       Madam President.

         9                  I too rise in support of the

        10       nomination by the Governor of Catherine M.

        11       Bartlett.

        12                  Many fine words have been said

        13       about her.  Her resume is clear.  Her record

        14       is pure.  She has done such great services in

        15       the various positions she's had.  And she

        16       represents the county in all of those

        17       positions, and now she'll represent people on

        18       the Court of Claims.  And I really am

        19       privileged to stand and second her nomination.

        20                  THE PRESIDENT:    The question now

        21       is on the nomination of Catherine M. Bartlett,

        22       of Goshen, as a judge of the Court of Claims.

        23                  All in favor please signify by

        24       saying aye.

        25                  (Response of "Aye.")



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         1                  THE PRESIDENT:    Opposed, nay.

         2                  (No response.)

         3                  THE PRESIDENT:    The nominee is

         4       hereby confirmed.

         5                  And I want to add my personal as

         6       well as professional congratulations to Judge

         7       Bartlett.  In my years on the bench, as well

         8       as Lieutenant Governor, I have observed her

         9       professional demeanor, her discipline, and her

        10       excellence, and it's quite a privilege to be

        11       here and preside.

        12                  She is here today with her husband,

        13       William DeProspo; her children, Atticus, Bart,

        14       and Chatham; and her niece, Sarah Bresette.

        15                  Congratulations to you and your

        16       family, and best wishes, Judge.

        17                  (Applause.)

        18                  THE PRESIDENT:    The Secretary

        19       will continue to read.

        20                  THE SECRETARY:    As a judge of the

        21       Court of Claims, Robert K. Holdman, of

        22       New York City.

        23                  THE PRESIDENT:    Senator

        24       DeFrancisco.

        25                  SENATOR DeFRANCISCO:    I move the



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         1       nomination of Robert K. Holdman for Court of

         2       Claims.

         3                  And I do want to just speak for a

         4       moment.  In reviewing the file on Mr. -- soon

         5       to be Judge -- Holdman, you know, and hearing

         6       him at the committee meeting, we're really

         7       fortunate to have a new Court of Claims judge

         8       of this caliber.

         9                  Unfortunately, nowadays, we're

        10       hearing more and more of child abuse and child

        11       deaths at the hands of predators.  While

        12       soon-to-be Judge Holdman was in the Bronx

        13       County district attorney's office for the lead

        14       prosecutor for these types of crimes, with 400

        15       lawyers in that office, he not only has

        16       prosecuted these crimes, but he's also

        17       lectured nationwide and also overseas in

        18       various forums on this topic.

        19                  In addition, he just finished a

        20       fellowship at Harvard, a public interest

        21       fellowship.  So obviously he's the type of

        22       person that is a thoughtful individual, that

        23       wants to increase his knowledge, that wants to

        24       encourage people to go into public service.

        25       And he certainly is going to be in a perfect



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         1       position to affect many, many people's lives.

         2                  So I would proudly move the

         3       nomination of Robert K. Holdman.

         4                  THE PRESIDENT:    Senator Duane, do

         5       you wish to be heard?

         6                  SENATOR DUANE:    Usually, but not

         7       at the moment.  Later.

         8                  (Laughter.)

         9                  THE PRESIDENT:    On the nomination

        10       of Robert K. Holdman, of New York City, as a

        11       judge of the Court of Claims, all in favor of

        12       the nomination please signify by saying aye.

        13                  (Response of "Aye.")

        14                  THE PRESIDENT:    Opposed, nay.

        15                  (No response.)

        16                  THE PRESIDENT:    The nominee is

        17       hereby confirmed.

        18                  He is here this morning accompanied

        19       by his fiancee, Catherine Nolan.

        20                  Best wishes to you, Judge Holdman,

        21       and congratulations.

        22                  (Applause.)

        23                  THE PRESIDENT:    The Secretary

        24       will read the report of the Finance Committee.

        25                  THE SECRETARY:    Senator Johnson,



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         1       from the Committee on Finance, reports the

         2       following nominations.

         3                  As a member of the Board of

         4       Trustees of the State University of New York,

         5       Robert J. Bellafiore, of Delmar.

         6                  THE PRESIDENT:    Senator Johnson.

         7                  SENATOR JOHNSON:    Move the

         8       nomination.

         9                  THE PRESIDENT:    Senator Farley.

        10                  SENATOR FARLEY:    Thank you, Madam

        11       President.

        12                  I just want to say a few words

        13       about Bob Bellafiore, who is being appointed

        14       to the Board of Trustees of the State

        15       University.

        16                  He is an honors graduate of the

        17       crown jewel of the State University at Albany,

        18       where I also am a graduate and taught for

        19       35 years.  You know, this is a person that

        20       I've followed his career since he's been with

        21       the Knickerbocker News, right out of college.

        22                  Every job he's done, he's done

        23       well.  He's superbly educated.  He knows a lot

        24       about the state university.  You know, we're

        25       fortunate to have somebody with this



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         1       background to serve on the trustees.

         2                  I just want to say something else

         3       in there.  If you'd look at his resume, which

         4       is very, very extensive, he was a Toll Fellow

         5       for the Council of State Governments, which

         6       John Marchi was one of the original founders

         7       of that.  I started the Toll Fellow program.

         8       This is an honors program for public servants

         9       who are rising stars, young people that are

        10       rising stars in state government.  And he was

        11       certainly well-chosen when he won that award.

        12                  We're fortunate to have somebody of

        13       this character and integrity to serve the

        14       state university.  And again, I want to

        15       applaud Governor Pataki for recognizing the

        16       talent of this young man.

        17                  And he's here with his family.  And

        18       it's with pleasure that I second the

        19       nomination of Bob Bellafiore for the State

        20       University Board of Trustees.

        21                  THE PRESIDENT:    Senator Balboni.

        22                  SENATOR BALBONI:    Madam

        23       President, one of the first people I met in

        24       the press when I first came to Albany in 1985

        25       was a guy by the name of Bob Bellafiore.  At



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         1       the time I forget if he worked for UPI or AP.

         2       But, you know, the folks in the press, we're

         3       always a little nervous about them, because

         4       you're not really sure they're human, some of

         5       them.  You're not really sure how they

         6       approach life.

         7                  This guy was full of life.  And he

         8       was a competitor.  We played softball

         9       together, we played basketball together.  I've

        10       seen this guy move up.

        11                  And the one thing I can say about

        12       this nominee, he is a terrific person.  He has

        13       a big heart, he loves his family, he's a true

        14       friend, and he's incredibly bright, writes

        15       really, really well.

        16                  You know, if we wanted to take

        17       somebody who is an academic but with a heart

        18       and a soul, Bob Bellafiore is the guy that

        19       you'd pick up and you'd put on this board.

        20       And frankly, I think we need more of that in

        21       our academic institutions.

        22                  I enthusiastically second this

        23       nomination, Madam President.

        24                  THE PRESIDENT:    Senator

        25       Schneiderman.



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         1                  SENATOR SCHNEIDERMAN:    I've

         2       checked very carefully, but I believe this is

         3       the first time I'm able to agree with

         4       absolutely everything Michael Balboni just

         5       said since I've been on the floor of the

         6       Senate.  And I'll leave it at that.

         7                  Congratulations.

         8                  THE PRESIDENT:    The question,

         9       then, is on the nomination of Robert J.

        10       Bellafiore, of Delmar, for a term on the Board

        11       of Trustees of the State University of

        12       New York.

        13                  All in favor please signify by

        14       saying aye.

        15                  (Response of "Aye.")

        16                  THE PRESIDENT:    Opposed, nay.

        17                  (No response.)

        18                  THE PRESIDENT:    The nominee is

        19       hereby confirmed.

        20                  I want to congratulate Bob and am

        21       pleased to see him in this position.  His

        22       intellect, his dedication and his perspective

        23       will be an excellent addition to the Board of

        24       Trustees of SUNY.

        25                  He is here this morning with his



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         1       wife, Marilyn, and his sons, Sam and Robert.

         2                  Congratulations.  Have a great

         3       celebration, and best wishes.

         4                  (Applause.)

         5                  THE PRESIDENT:    The Secretary

         6       will continue to read.

         7                  THE SECRETARY:    As a member of

         8       the Board of Trustees of the State University

         9       of New York, Teresa A. Santiago, of Hartsdale.

        10                  THE PRESIDENT:    Senator Johnson.

        11                  SENATOR JOHNSON:    Move the

        12       nomination.

        13                  THE PRESIDENT:    Senator

        14       Hassell-Thompson.

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Madam President.

        17                  It is with great pleasure that I

        18       stand to congratulate the Governor on his

        19       selection.

        20                  Three years ago, when Ms. Santiago

        21       was appointed to head the Consumer Protection

        22       Board, I was there for her appointment.  And I

        23       was very concerned because we knew that there

        24       was very little to no money in that budget.

        25       And she had such ambitious goals, and we



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         1       didn't know what she was going to be able to

         2       do with them.

         3                  Well, I can tell you, three years

         4       later, having worked very intimately and

         5       closely with her over that period, that she is

         6       one of the most creative people that I've ever

         7       worked with.  She has been able to cross all

         8       kind of agency lines and help agencies

         9       understand how what she does impacts what they

        10       do, and has created a whole cadre of people

        11       that are available to make sure that the

        12       consumers of the State of New York are

        13       protected, are educated about their rights.

        14                  I am very excited that she will

        15       take this kind of talent in her role as a

        16       trustee of the State University, and I know

        17       that we will be proud of the work that she

        18       will do there.  And I want to congratulate her

        19       and congratulate us on a marvelous selection.

        20                  Thank you, Madam President.

        21                  THE PRESIDENT:    Senator Diaz.

        22                  SENATOR DIAZ:    Thank you, Madam

        23       President.

        24                  As a Puerto Rican and Hispanic, I

        25       am proud to second the nomination of Teresa



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         1       Santiago as a member of the Board of Trustees

         2       of the State University of New York State.  I

         3       have known Teresa Santiago for many years.

         4       She is one of those Hispanic persons that have

         5       made us proud to be Hispanic.

         6                  Teresa Santiago was the leader of

         7       El Comite Noviembre, a committee formed to

         8       protect, maintain and promote our Puerto Rican

         9       culture.

        10                  Teresa Santiago was a deputy

        11       director of the New York State Governor's

        12       Office for Hispanic Affairs.  She was also

        13       deputy director for communications and

        14       legislative affairs.

        15                  Ms. Santiago is a graduate of

        16       Fordham University in Bronx County.

        17                  Right now, Ms. Santiago is the

        18       commissioner of the New York State Department

        19       of Consumer Affairs, where she protects,

        20       defends and serves 20 million residents of

        21       New York State.

        22                  It is an honor and a privilege for

        23       me to stand before you and second the

        24       nomination of Teresa Santiago.  And I also

        25       would like to congratulate Teresa and her



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         1       mother and her family and the Governor and all

         2       of you that are supporting her today.

         3                  Thank you very much, Madam

         4       President.

         5                  THE PRESIDENT:    Senator Parker.

         6                  SENATOR PARKER:    Madam President,

         7       I rise to add my voice to the chorus of those

         8       who are singing the praises this morning of

         9       Commissioner Teresa Santiago, who has been

        10       somebody who has been a champion for the

        11       people of the State of New York as it relates

        12       to consumer protection.  She's somebody who

        13       knows the issues and the concerns of people,

        14       because she is one of us and from our

        15       community.

        16                  And so I want to congratulate her

        17       today on all that she's done so far.  And I

        18       know that she will bring those same energies,

        19       expertise, and competence to her work with the

        20       SUNY board.  And so I look forward to our

        21       continued work together and for her continued

        22       service to the people of the State of

        23       New York.

        24                  THE PRESIDENT:    Senator Ada

        25       Smith.



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         1                  SENATOR ADA SMITH:    Thank you,

         2       Madam President.

         3                  The only thing that I can add is

         4       ditto.  And my congratulations to the

         5       Governor.

         6                  And I know that Teresa A. Santiago

         7       will make us all proud.

         8                  THE PRESIDENT:    Senator

         9       Fuschillo.

        10                  SENATOR FUSCHILLO:    Thank you,

        11       Madam President.  Just quickly, I want to echo

        12       the sentiments of my colleagues.

        13                  As chair of the Consumer Protection

        14       Committee, I have worked with this fine woman

        15       for many years.  She has done an outstanding

        16       job representing all the consumers of this

        17       state.  And I know she'll do an outstanding

        18       job on the board.  Congratulations.

        19                  And I want to compliment the

        20       Governor on this nomination.

        21                  THE PRESIDENT:    The question now

        22       is on the nomination of Teresa A. Santiago for

        23       a term on the Board of Trustees of the State

        24       University of New York.

        25                  All in favor please signify by



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         1       saying aye.

         2                  (Response of "Aye.")

         3                  THE PRESIDENT:    Opposed, nay.

         4                  (No response.)

         5                  THE PRESIDENT:    The nominee is

         6       hereby confirmed.

         7                  I want to offer my professional

         8       congratulations.  I too have observed your

         9       professional excellence as commissioner, and I

        10       know that SUNY is going to be very endowed to

        11       have you on the Board of Trustees.

        12                  Best wishes.

        13                  (Applause.)

        14                  THE PRESIDENT:    Communications

        15       and reports from state officers.

        16                  Motions and resolutions.

        17                  Senator Fuschillo.

        18                  SENATOR FUSCHILLO:    Thank you,

        19       Madam President.

        20                  On behalf of Senator Maziarz, I

        21       wish to call up Print Number 4185, recalled

        22       from the Assembly, which is now at the desk.

        23                  THE PRESIDENT:    The Secretary

        24       will read.

        25                  THE SECRETARY:    Calendar Number



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         1       684, by Senator Maziarz, Senate Print 4185, an

         2       act to amend the Workers' Compensation Law.

         3                  SENATOR FUSCHILLO:    I now move to

         4       reconsider the vote by which the bill was

         5       passed.

         6                  THE PRESIDENT:    The Secretary

         7       will call the roll upon reconsideration.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 55.

        10                  THE PRESIDENT:    Senator

        11       Fuschillo.

        12                  SENATOR FUSCHILLO:    I now move to

        13       commit the bill to the Committee on Rules.

        14                  THE PRESIDENT:    So ordered.

        15                  SENATOR FUSCHILLO:    Thank you.

        16                  THE PRESIDENT:    The Secretary

        17       will read the substitutions.

        18                  THE SECRETARY:    On page 17,

        19       Senator Maziarz moves to discharge, from the

        20       Committee on Rules, Assembly Bill Number 7744

        21       and substitute it for the identical Senate

        22       Bill Number 4346A, Third Reading Calendar 647.

        23                  On page 24, Senator Rath moves to

        24       discharge, from the Committee on Rules,

        25       Assembly Bill Number 7818 and substitute it



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         1       for the identical Senate Bill Number 4128,

         2       Third Reading Calendar 830.

         3                  On page 32, Senator Golden moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 4322C and substitute it

         6       for the identical Senate Bill Number 2210B,

         7       Third Reading Calendar 1054.

         8                  On page 36, Senator Trunzo moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 7827A and substitute it

        11       for the identical Senate Bill Number 5094A,

        12       Third Reading Calendar 1226.

        13                  On page 44, Senator LaValle moves

        14       to discharge, from the Committee on Rules,

        15       Assembly Bill Number 8827 and substitute it

        16       for the identical Senate Bill Number 5713,

        17       Third Reading Calendar 1730.

        18                  On page 47, Senator Rath moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 8926 and substitute it

        21       for the identical Senate Bill Number 5858,

        22       Third Reading Calendar 1807.

        23                  And on page 48, Senator Robach

        24       moves to discharge, from the Committee on

        25       Rules, Assembly Bill Number 8913 and



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         1       substitute it for the identical Senate Bill

         2       Number 5850, Third Reading Calendar 1846.

         3                  THE PRESIDENT:    Substitutions

         4       ordered.

         5                  SENATOR PATERSON:    Madam

         6       President.

         7                  THE PRESIDENT:    Senator.

         8                  SENATOR PATERSON:    There being no

         9       further business, I move that we adjourn for

        10       the rest of the day.

        11                  (Laughter.)

        12                  SENATOR BRUNO:    Point of order,

        13       Madam President.

        14                  THE PRESIDENT:    The Senator has

        15       no further business.

        16                  (Laughter.)

        17                  SENATOR BRUNO:    Following that

        18       note, Madam President, can we now have the

        19       noncontroversial reading of the calendar, with

        20       Senator Paterson's indulgence.

        21                  SENATOR PATERSON:    Absolutely.

        22                  SENATOR BRUNO:    Thank you.

        23                  THE PRESIDENT:    So ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       94, by the Assembly Committee on Rules,

         2       Assembly Print Number 8894, an act to amend

         3       the Penal Law and others.

         4                  THE PRESIDENT:    Read the last

         5       section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect on the first of

         8       September.

         9                  THE PRESIDENT:    Call the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 55.

        12                  THE PRESIDENT:    The bill is

        13       passed.

        14                  THE SECRETARY:    Calendar Number

        15       127, by Senator Nozzolio, Senate Print 1973B,

        16       an act to amend the Energy Law.

        17                  THE PRESIDENT:    Read the last

        18       section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 55.

        24                  THE PRESIDENT:    The bill is

        25       passed.



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         1                  THE SECRETARY:    Calendar Number

         2       408, by Senator Fuschillo, Senate Print 3488A,

         3       an act to amend the Agriculture and --

         4                  SENATOR SABINI:    Lay it aside.

         5                  THE PRESIDENT:    The bill is laid

         6       aside.

         7                  THE SECRETARY:    Calendar Number

         8       582, by Member of the Assembly McEneny,

         9       Assembly Print Number 3001, an act to amend

        10       the Real Property Tax Law.

        11                  THE PRESIDENT:    Read the last

        12       section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect on the first of January.

        15                  THE PRESIDENT:    Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 55.

        18                  THE PRESIDENT:    The bill is

        19       passed.

        20                  THE SECRETARY:    Calendar Number

        21       647, substituted earlier today by Member of

        22       the Assembly Schimminger, Assembly Print

        23       Number 7744, an act to authorize the City of

        24       North Tonawanda.

        25                  THE PRESIDENT:    There is a



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         1       home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 55.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  THE SECRETARY:    Calendar Number

        11       655, by Senator Nozzolio, Senate Print 1323B,

        12       an act to amend the Correction Law.

        13                  THE PRESIDENT:    Read the last

        14       section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect on the 90th day.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 55.

        20                  THE PRESIDENT:    The bill is

        21       passed.

        22                  THE SECRETARY:    Calendar Number

        23       686, by Member of the Assembly Destito,

        24       Assembly Print Number 748, an act to amend the

        25       Labor Law and others.



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         1                  THE PRESIDENT:    Read the last

         2       section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 55.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  THE SECRETARY:    Calendar Number

        11       706, by Senator Marcellino, Senate Print

        12       Number 4471B, an act to amend the

        13       Environmental Conservation Law and the Public

        14       Health Law.

        15                  THE PRESIDENT:    Read the last

        16       section.

        17                  THE SECRETARY:    Section 5.  This

        18       act shall take effect on the 60th day.

        19                  THE PRESIDENT:    Call the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 55.

        22                  THE PRESIDENT:    The bill is

        23       passed.

        24                  THE SECRETARY:    Calendar Number

        25       717, by Senator Volker, Senate Print 1628B, an



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         1       act to amend the Criminal Procedure Law.

         2                  THE PRESIDENT:    Read the last

         3       section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  THE PRESIDENT:    Call the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 55.

         9                  THE PRESIDENT:    The bill is

        10       passed.

        11                  THE SECRETARY:    Calendar Number

        12       731, by Member of the Assembly Latimer,

        13       Assembly Print Number 2349B, an act to amend

        14       the Vehicle and Traffic Law.

        15                  THE PRESIDENT:    Read the last

        16       section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect on the 180th day.

        19                  THE PRESIDENT:    Call the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 55.

        22                  THE PRESIDENT:    The bill is

        23       passed.

        24                  THE SECRETARY:    Calendar Number

        25       1098, by Senator Skelos, Senate Print 1999B,



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         1       an act to amend the Real Property Tax Law.

         2                  THE PRESIDENT:    Read the last

         3       section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  THE PRESIDENT:    Call the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 55.

         9                  THE PRESIDENT:    The bill is

        10       passed.

        11                  THE SECRETARY:    Calendar Number

        12       1148, by Senator Seward, Senate Print 4096A,

        13       an act to amend the Insurance Law.

        14                  ACTING PRESIDENT MEIER:    Read the

        15       last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect January 1, 2006.

        18                  ACTING PRESIDENT MEIER:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 55.  Nays,

        22       1.  Senator DeFrancisco recorded in the

        23       negative.

        24                  ACTING PRESIDENT MEIER:    The bill

        25       is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1193, by Senator Marchi, Senate Print 2235A,

         3       an act requiring the Triborough Bridge and

         4       Tunnel Authority.

         5                  ACTING PRESIDENT MEIER:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MEIER:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 1193 are

        14       Senators Duane, L. Krueger and Schneiderman.

        15                  Ayes, 53.  Nays, 3.

        16                  ACTING PRESIDENT MEIER:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1208, by Senator Maltese, Senate Print 1955A,

        20       an act to amend the Civil Service Law.

        21                  ACTING PRESIDENT MEIER:    There is

        22       a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT MEIER:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 56.

         5                  ACTING PRESIDENT MEIER:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1278, by Senator Balboni, Senate Print 2969B,

         9       an act to amend the General Municipal Law.

        10                  ACTING PRESIDENT MEIER:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT MEIER:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 56.

        18                  ACTING PRESIDENT MEIER:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1285, by Senator Robach, Senate Print 4406A,

        22       an act authorizing the chief of police of the

        23       Town of Parma.

        24                  ACTING PRESIDENT MEIER:    Read the

        25       last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the 90th day.

         3                  ACTING PRESIDENT MEIER:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 56.

         7                  ACTING PRESIDENT MEIER:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1317, by Senator Bonacic, Senate Print 5125,

        11       an act to amend the Education Law.

        12                  ACTING PRESIDENT MEIER:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MEIER:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 55.  Nays,

        20       1.  Senator Alesi recorded in the negative.

        21                  ACTING PRESIDENT MEIER:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1395, by Senator Skelos, Senate Print 4708B,

        25       an act to amend the Vehicle and Traffic Law.



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         1                  SENATOR SKELOS:    Read the last

         2       section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 180th day.

         5                  ACTING PRESIDENT MEIER:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 56.

         9                  ACTING PRESIDENT MEIER:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1474, by Senator Marchi, Senate Print 5497, an

        13       act to authorize the State Department of

        14       Transportation.

        15                  ACTING PRESIDENT MEIER:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT MEIER:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 56.

        23                  ACTING PRESIDENT MEIER:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1487, by Senator Young, Senate Print 568B, an

         2       act to amend the Alcoholic Beverage Control

         3       Law.

         4                  SENATOR SCHNEIDERMAN:    Lay it

         5       aside.

         6                  ACTING PRESIDENT MEIER:    Lay the

         7       bill aside.

         8                  THE SECRETARY:    Calendar Number

         9       1561, by Senator Marcellino, Senate Print

        10       5634, an act to amend the Vehicle and Traffic

        11       Law.

        12                  ACTING PRESIDENT MEIER:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect on the first of

        16       November.

        17                  ACTING PRESIDENT MEIER:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT MEIER:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1654, by Senator Hannon, Senate Print 4371A,

        25       an act to amend the Public Health Law and the



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         1       Executive Law.

         2                  ACTING PRESIDENT MEIER:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT MEIER:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 56.

        10                  ACTING PRESIDENT MEIER:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1662, by Senator Young, Senate Print 5718, an

        14       act to amend the Social Services Law.

        15                  ACTING PRESIDENT MEIER:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT MEIER:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 56.

        23                  ACTING PRESIDENT MEIER:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1698, by Senator Maziarz, Senate Print 5658A,

         2       an act to amend the Public Authorities Law.

         3                  ACTING PRESIDENT MEIER:    Read the

         4       last section.

         5                  SENATOR SKELOS:    Lay it aside for

         6       the day, please.

         7                  ACTING PRESIDENT MEIER:    Lay the

         8       aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       1702, by Senator Volker, Senate Print 5681, an

        11       act to amend the Tax Law.

        12                  ACTING PRESIDENT MEIER:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect on the first of January

        16       next succeeding.

        17                  ACTING PRESIDENT MEIER:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT MEIER:    Senator

        21       Brown, to explain his vote.

        22                  SENATOR BROWN:    Thank you, Mr.

        23       President.

        24                  I just want to rise to commend

        25       Senator Volker on this excellent piece of



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         1       legislation that will be an important economic

         2       development tool to the City of Buffalo.

         3                  As we all know in this chamber, the

         4       City of Buffalo has faced many fiscal

         5       challenges over the past few years, and

         6       Buffalo is beginning to rebound.  This year,

         7       for the first year, Buffalo has a balanced

         8       budget, showing that the City of Buffalo is

         9       moving in the right direction.

        10                  This piece of legislation by

        11       Senator Volker will provide a powerful tool

        12       that will enable developers who want to

        13       redevelop historic properties to be able to do

        14       that.

        15                  I have heard from the development

        16       community in and around the City of Buffalo.

        17       They applaud this bill, they support this

        18       bill, and I am very proud to also support this

        19       bill.  I vote aye.

        20                  ACTING PRESIDENT MEIER:    Senator

        21       Brown will be recorded in the affirmative.

        22                  Announce the results.

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT MEIER:    The bill

        25       is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1703, by Senator Young, Senate Print 5686, an

         3       act to amend the Education Law.

         4                  ACTING PRESIDENT MEIER:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT MEIER:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 56.

        12                  ACTING PRESIDENT MEIER:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1709, by Senator LaValle, Senate Print 843B,

        16       an act to amend the Education Law.

        17                  ACTING PRESIDENT MEIER:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the 90th day.

        21                  ACTING PRESIDENT MEIER:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 56.

        25                  ACTING PRESIDENT MEIER:    The bill



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         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1714, by Senator Flanagan, Senate Print 2828D,

         4       an act to amend the Environmental Conservation

         5       Law and the Economic Development Law.

         6                  ACTING PRESIDENT MEIER:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 6.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT MEIER:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 56.

        14                  ACTING PRESIDENT MEIER:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1722, by Member of the Assembly Kolb, Assembly

        18       Print Number 8583A, an act to amend the

        19       Alcoholic Beverage Control Law.

        20                  ACTING PRESIDENT MEIER:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT MEIER:    Call the

        25       roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 56.

         3                  ACTING PRESIDENT MEIER:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1723, by Senator Alesi, Senate Print 5543A, an

         7       act to amend the Correction Law and others.

         8                  ACTING PRESIDENT MEIER:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 6.  This

        11       act shall take effect on the 60th day.

        12                  ACTING PRESIDENT MEIER:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 56.

        16                  ACTING PRESIDENT MEIER:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1728, by Senator Padavan, Senate Print --

        20                  SENATOR SCHNEIDERMAN:    Lay it

        21       aside.

        22                  ACTING PRESIDENT MEIER:    Lay the

        23       bill aside.

        24                  THE SECRETARY:    Calendar Number

        25       1729, by Senator Fuschillo, Senate Print 5698,



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         1       an act to amend the Penal Law.

         2                  ACTING PRESIDENT MEIER:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the 90th day.

         6                  ACTING PRESIDENT MEIER:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 56.

        10                  ACTING PRESIDENT MEIER:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1730, substituted earlier today by the

        14       Assembly Committee on Rules, Assembly Print

        15       Number 8827, an act to amend the Public Health

        16       Law.

        17                  ACTING PRESIDENT MEIER:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect January 1, 2006.

        21                  ACTING PRESIDENT MEIER:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT MEIER:    Senator

        25       LaValle, to explain his vote.



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         1                  SENATOR LaVALLE:    Thank you, Mr.

         2       President.

         3                  This is very important legislation

         4       dealing with the extension of the present

         5       Breast Cancer Council in the Health

         6       Department, to add cervical cancer to that,

         7       and additional members.

         8                  There are more than 10,000 women

         9       that are diagnosed every year with cervical

        10       cancer, and 3,700 of those will die from this

        11       disease.  No woman should die from cervical

        12       cancer, because it is one of the most

        13       treatable and easily diagnosed diseases.

        14                  This council will do some very

        15       substantial things in the legislation, as we

        16       give them a substantial charge to raise public

        17       awareness, to develop with the department a

        18       statewide comprehensive cervical cancer

        19       prevention plan, to facilitate coordination of

        20       communication among state and local agencies.

        21       And in their annual report they are to include

        22       strategies for the implementation of the

        23       cervical cancer prevention plan and for

        24       promoting the plan to the general public.

        25                  And I think once again we are



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         1       taking a substantial step in -- I hope the

         2       next time we talk about this, the number of

         3       deaths will be zero.  And I vote in the

         4       affirmative.

         5                  ACTING PRESIDENT MEIER:    Senator

         6       LaValle will be recorded in the affirmative.

         7                  Senator Savino, to explain her

         8       vote.

         9                  SENATOR SAVINO:    I want to thank

        10       Senator LaValle and Assemblywoman Aurelia

        11       Greene for their leadership on this issue.

        12                  Shortly after I was elected, I was

        13       privileged to attend a conference sponsored by

        14       Women in Government, which is a national

        15       bipartisan conference of women legislators who

        16       have been involved in a campaign called the

        17       "Challenge to Eliminate Cervical Cancer."  The

        18       previous senator, Nancy Larraine Hoffmann, who

        19       was the New York State director of Women in

        20       Government before she left, was also very

        21       involved in that.

        22                  We now know what causes cervical

        23       cancer.  Unlike many cancers, we can pinpoint

        24       exactly what it is that causes it.  It is the

        25       HPV virus.  We now have advanced screening



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         1       tests, and we can assist women in determining

         2       whether or not they are at risk.

         3                  Now we need to make sure that all

         4       women are educated about cervical cancer and

         5       the virus that causes it and have access to

         6       the best cervical cancer screening

         7       technologies available.  That's what this task

         8       force is going to do.  And I want to applaud

         9       and thank Senator LaValle for taking up the

        10       banner and leading in this critical way.

        11                  We actually stand at the threshold

        12       of being able to eliminate a cancer that

        13       deprives women, far too often, of their

        14       reproductive ability.  Far too many young

        15       women are forced to have hysterectomies

        16       because of cervical cancer.  And because of

        17       the work of this task force and other task

        18       forces in 17 other states, we can actually

        19       eliminate cervical cancer in our lifetime.

        20                  So I want to thank Senator LaValle

        21       and Assemblywoman Greene for their leadership

        22       on this, and I vote yes.

        23                  ACTING PRESIDENT MEIER:    Senator

        24       Savino will be recorded in the affirmative.

        25                  Senator Young, to explain her vote.



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         1                  SENATOR YOUNG:    Thank you, Mr.

         2       President, to explain my vote.

         3                  I too want to commend our colleague

         4       Senator LaValle for his leadership on this

         5       issue.  I began working on this two years ago,

         6       when I was in the Assembly.  And so this is a

         7       culmination of a lot of working together,

         8       people making sure that this issue gets to the

         9       table.

        10                  And as we talked about just a

        11       moment ago, it is crucial to women in New York

        12       State.  Seventy percent of women are infected

        13       with the virus that causes cervical cancer.

        14       It's the second leading cause of cancer in

        15       women in New York State.  And it's a problem

        16       for all women, but it's even more of a problem

        17       for minority women, because African-American

        18       women have double the infection rate and they

        19       have double the death rate.

        20                  This bill, this project is

        21       undoubtedly going to save lives in New York

        22       State.  Because if you catch cervical cancer

        23       early, through detection, then you can treat

        24       it and women will be saved.

        25                  So again, thank you, Senator



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         1       LaValle for all your hard work on this.  It

         2       really is a giant step forward for women's

         3       health.  And I commend you for all that you've

         4       done.

         5                  ACTING PRESIDENT MEIER:    Senator

         6       Young will be recorded in the affirmative.

         7                  Announce the results.

         8                  THE SECRETARY:    Ayes, 56.

         9                  ACTING PRESIDENT MEIER:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1734, by the Assembly Committee on Rules,

        13       Assembly Print Number 8851, an act to amend

        14       the Agriculture and Markets Law and the

        15       Alcoholic Beverage Control Law.

        16                  ACTING PRESIDENT MEIER:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT MEIER:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT MEIER:    The bill

        25       is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1737, by Senator Skelos, Senate Print 5753A,

         3       an act to amend the Correction Law.

         4                  ACTING PRESIDENT MEIER:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the first of

         8       November.

         9                  ACTING PRESIDENT MEIER:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 56.

        13                  ACTING PRESIDENT MEIER:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1744, by Senator Flanagan, Senate Print --

        17                  SENATOR SCHNEIDERMAN:    Lay it

        18       aside.

        19                  ACTING PRESIDENT MEIER:    Lay the

        20       bill aside.

        21                  THE SECRETARY:    Calendar Number

        22       1745, by Member of the Assembly Sanders,

        23       Assembly Print Number 88A, an act to amend the

        24       Education Law.

        25                  ACTING PRESIDENT MEIER:    Read the



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         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MEIER:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 55.  Nays,

         8       1.  Senator Meier recorded in the negative.

         9                  ACTING PRESIDENT MEIER:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1747, by Senator Padavan, Senate Print 2583B,

        13       an act to amend the Tax Law.

        14                  ACTING PRESIDENT MEIER:    There is

        15       a local fiscal impact note at the desk.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect on the first day of a

        19       sales tax quarterly period.

        20                  ACTING PRESIDENT MEIER:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT MEIER:    The bill

        25       is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1753, by Senator Johnson, Senate Print 5182A,

         3       an act to amend the Public Officers Law and

         4       the Executive Law.

         5                  ACTING PRESIDENT MEIER:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MEIER:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 56.

        13                  ACTING PRESIDENT MEIER:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1754, by Senator Padavan, Senate Print 5405,

        17       an act to amend the Education Law.

        18                  SENATOR LIBOUS:    Lay it aside for

        19       the day.

        20                  ACTING PRESIDENT MEIER:    Lay the

        21       bill aside for the day.

        22                  THE SECRETARY:    Calendar Number

        23       1757, by Senator Winner, Senate Print 5553B,

        24       an act to amend the Environmental Conservation

        25       Law and the General Obligations Law.



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         1                  ACTING PRESIDENT MEIER:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 10.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT MEIER:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT MEIER:    Senator

         9       Winner, to explain his vote.

        10                  SENATOR WINNER:    Thank you, Mr.

        11       President.

        12                  This is a relatively unknown

        13       measure, but a measure that will provide for

        14       an absolute major amount of economic benefit

        15       for New York.  I want to thank Senator Libous

        16       for his leadership in the past on this issue

        17       of natural gas development in New York State.

        18                  This measure will balance the

        19       interests of landowners, producers, operators

        20       of the development of national gas development

        21       in New York, particularly in the Southern

        22       Tier, in my area, and will facilitate the

        23       investment of likely more than a billion

        24       dollars of private investment in this state.

        25       And the resulting economic growth and



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         1       development that it will produce will be of

         2       benefit to every area of the state, not just

         3       the Southern Tier.

         4                  So I want to commend this body for

         5       supporting this measure, and I'm sure that it

         6       will reap tremendous benefits in the future as

         7       we go forward.

         8                  Thank you, Mr. President.  I vote

         9       in the affirmative.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       Winner will be recorded in the affirmative.

        12                  Announce the results.

        13                  THE SECRETARY:    Ayes, 56.

        14                  ACTING PRESIDENT MEIER:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1761, by Senator Nozzolio, Senate Print 5679,

        18       an act authorizing James J. Colacino to

        19       receive a waiver.

        20                  ACTING PRESIDENT MEIER:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT MEIER:    The bill

        25       is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1763, by Senator Leibell, Senate Print 5708,

         3       an act to amend the Public Authorities Law.

         4                  ACTING PRESIDENT MEIER:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 5.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT MEIER:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 56.

        12                  ACTING PRESIDENT MEIER:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1766, by Senator Young, Senate Print 5726A, an

        16       act to amend the Correction Law.

        17                  ACTING PRESIDENT MEIER:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT MEIER:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 56.

        25                  ACTING PRESIDENT MEIER:    The bill



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         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1767, by Senator Morahan, Senate Print 5733,

         4       an act to amend the Penal Law.

         5                  ACTING PRESIDENT MEIER:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MEIER:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 56.

        13                  ACTING PRESIDENT MEIER:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1778, by Senator Robach, Senate Print 5712, an

        17       act to amend the Retirement and Social

        18       Security Law.

        19                  ACTING PRESIDENT MEIER:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT MEIER:    Call the

        24       roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 56.

         2                  ACTING PRESIDENT MEIER:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1793, by Senator Golden, Senate Print 5804, an

         6       act to amend the Social Services Law.

         7                  ACTING PRESIDENT MEIER:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT MEIER:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 56.

        15                  ACTING PRESIDENT MEIER:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1799, by Senator Trunzo, Senate Print 5830, an

        19       act to amend the Criminal Procedure Law.

        20                  ACTING PRESIDENT MEIER:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT MEIER:    Call the

        25       roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 56.

         3                  ACTING PRESIDENT MEIER:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1800, by Senator Skelos, Senate Print 5831, an

         7       act to amend the Criminal Procedure Law.

         8                  ACTING PRESIDENT MEIER:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT MEIER:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 56.

        16                  ACTING PRESIDENT MEIER:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1802, by Senator Wright, Senate Print 5834, an

        20       act to amend the Social Services Law.

        21                  ACTING PRESIDENT MEIER:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the same date and

        25       subject to the same qualifications as a



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         1       chapter of the Laws of 2005.

         2                  ACTING PRESIDENT MEIER:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.

         6                  ACTING PRESIDENT MEIER:    The bill

         7       is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1805, by Senator Fuschillo, Senate Print 5843,

        10       an act to amend a chapter of the Laws of 2005

        11       amending the Labor Law.

        12                  ACTING PRESIDENT MEIER:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MEIER:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 56.

        20                  ACTING PRESIDENT MEIER:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1806, by Senator Robach, Senate Print 5851, an

        24       act directing the state comptroller to study

        25       deferred retirement option plans.



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         1                  ACTING PRESIDENT MEIER:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT MEIER:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 56.

         9                  ACTING PRESIDENT MEIER:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1807, substituted earlier today by the

        13       Assembly Committee on Rules, Assembly Print

        14       Number 8926, an act relating to the payment of

        15       an accidental death benefit.

        16                  ACTING PRESIDENT MEIER:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT MEIER:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT MEIER:    The bill

        25       is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1808, by Senator Morahan, Senate Print 5859,

         3       an act to authorize the Commissioner of

         4       General Services.

         5                  ACTING PRESIDENT MEIER:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 6.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MEIER:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 56.

        13                  ACTING PRESIDENT MEIER:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1813, by Senator Oppenheimer, Senate Print

        17       950, an act to amend the Public Officers Law.

        18                  SENATOR OPPENHEIMER:    Lay it

        19       aside for the day, please.

        20                  ACTING PRESIDENT MEIER:    Lay the

        21       bill aside for the day.

        22                  THE SECRETARY:    Calendar Number

        23       1830, by Senator Balboni, Senate Print 5579A,

        24       an act to amend the County Law.

        25                  ACTING PRESIDENT MEIER:    Read the



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         1       last section.

         2                  THE SECRETARY:    Section 5.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MEIER:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 56.

         8                  ACTING PRESIDENT MEIER:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1832, by Senator Young, Senate Print 5685, an

        12       act to amend the Penal Law.

        13                  ACTING PRESIDENT MEIER:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect on the first of

        17       November.

        18                  ACTING PRESIDENT MEIER:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT MEIER:    Senator

        22       Young, to explain her vote.

        23                  SENATOR YOUNG:    Thank you, Mr.

        24       President, to explain my vote.

        25                  This bill comes in answer to a



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         1       horrific case that recently occurred in my

         2       district, in Jamestown, in Chautauqua County,

         3       where a 55-year-old pedophile sexually

         4       molested and raped a little 9-year-old girl.

         5       And not only did he did do that, but he set up

         6       a web camera, put it on the Internet and got

         7       suggestions and encouragement from other

         8       pedophiles, not only from around the state and

         9       the country but from around the world.

        10                  So basically what this bill does is

        11       make the law catch up with technology so that

        12       we have the penalties in place to deal with

        13       these terrible situations.

        14                  And I want to thank my colleagues

        15       for their support on this measure.  I vote

        16       yes.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Young will be recorded in the affirmative.

        19                  Announce the results.

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT MEIER:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1834, by Senator Saland, Senate Print 5736A,

        25       an act to amend the General Business Law.



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         1                  ACTING PRESIDENT MEIER:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT MEIER:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 56.

         9                  ACTING PRESIDENT MEIER:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1835, by Senator Morahan, Senate Print 5743,

        13       an act authorizing a period of probable

        14       usefulness.

        15                  ACTING PRESIDENT MEIER:    There is

        16       a home-rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 7.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT MEIER:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT MEIER:    The bill

        25       is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1846, substituted earlier today by the

         3       Assembly Committee on Rules, Assembly Print

         4       Number 8913, an act to amend the Executive Law

         5       and the State Finance Law.

         6                  ACTING PRESIDENT MEIER:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT MEIER:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 56.

        14                  ACTING PRESIDENT MEIER:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1847, by the Senate Committee on Rules, Senate

        18       Print Number 5855, an act to amend the Public

        19       Health Law.

        20                  ACTING PRESIDENT MEIER:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect on the same date and in

        24       the same manner as a chapter of the Laws of

        25       2005.



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         1                  ACTING PRESIDENT MEIER:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 56.

         5                  ACTING PRESIDENT MEIER:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1849, by the Assembly Committee on Rules,

         9       Assembly Print Number 8936, an act to amend

        10       the Education Law.

        11                  ACTING PRESIDENT MEIER:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 22.  This

        14       act shall take effect July 1, 2005.

        15                  ACTING PRESIDENT MEIER:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 56.

        19                  ACTING PRESIDENT MEIER:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1850, by Senator Wright, Senate Print 5866 --

        23                  SENATOR SCHNEIDERMAN:    Lay it

        24       aside.

        25                  ACTING PRESIDENT MEIER:    Lay the



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         1       bill aside.

         2                  THE SECRETARY:    Calendar Number

         3       1851, by the Senate Committee on Rules, Senate

         4       Print Number 58 --

         5                  SENATOR SCHNEIDERMAN:    Lay it

         6       aside.

         7                  ACTING PRESIDENT MEIER:    Lay the

         8       bill aside.

         9                  Senator Libous, that completes the

        10       noncontroversial reading of the calendar.

        11                  SENATOR LIBOUS:    Mr. President,

        12       if we can just stand at ease for a second.

        13                  ACTING PRESIDENT MEIER:    The

        14       Senate will stand at ease.

        15                  (Whereupon, the Senate stood at

        16       ease at 11:27 a.m.)

        17                  SENATOR LIBOUS:    Mr. President.

        18                  ACTING PRESIDENT MEIER:    Senator

        19       Libous.

        20                  SENATOR LIBOUS:    There will be an

        21       immediate meeting of the Rules Committee in

        22       the Majority Conference Room, and the Senate

        23       will stand at ease.

        24                  ACTING PRESIDENT MEIER:

        25       Immediate meeting of the Rules Committee in



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         1       the Senate Majority Conference Room.

         2                  The Senate will stand at ease.

         3                  (Whereupon, the Senate reconvened

         4       at 11:46 a.m.)

         5                  ACTING PRESIDENT MEIER:    Senator

         6       Libous.

         7                  SENATOR LIBOUS:    Mr. President,

         8       Calendar 1850 was inadvertently laid aside.

         9       Could we take that up, please.

        10                  ACTING PRESIDENT MEIER:    We'll

        11       take up Calendar 1850 on the noncontroversial

        12       reading.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1850, by Senator Wright, Senate Print 5866, an

        16       act to amend the Public Authorities Law and

        17       the Economic Development Law.

        18                  ACTING PRESIDENT MEIER:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 9.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT MEIER:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT MEIER:    Senator



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         1       Wright, to explain his vote.

         2                  SENATOR WRIGHT:    Thank you very

         3       much, Mr. President.

         4                  I'm very pleased to have before us

         5       this morning, or this afternoon, the

         6       Governor's program bill that is the

         7       culmination of two years of efforts in the

         8       energy arena.

         9                  ACTING PRESIDENT MEIER:    Can we

        10       have some order in the chamber, please.  We

        11       have a member speaking.

        12                  Senator Wright, you have the floor.

        13                  SENATOR WRIGHT:    Thank you, Mr.

        14       President.

        15                  As I said, this is a Governor's

        16       program bill that we have achieved three-way

        17       agreement on, having spent two years on these

        18       issues.  And it's actually the combination of

        19       five different energy issues creating one

        20       comprehensive energy plan.

        21                  It provides for the permanent

        22       extension in state statute for replacement

        23       power, which allocates a portion of the

        24       hydropower generated at Niagara to Western

        25       New York.  It adopts preservation power, which



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         1       does the same for Northern New York,

         2       allocating a portion of the hydropower

         3       committed to that region.

         4                  It provides for the extension of

         5       economic development, high-load and municipal

         6       development agency power that is utilized

         7       across the state of New York, providing

         8       contract extensions and low-cost energy to in

         9       excess of 70 companies across the state and

        10       literally protecting in excess of tens of

        11       thousands of jobs.

        12                  It also restores flexibility to the

        13       Power for Jobs program, which impacts more

        14       than 120 companies across this state.

        15                  And it provides recodification of

        16       commitments for the Liberty and Resurgence

        17       zones in the Manhattan development region

        18       subsequent to September 11 as part of our

        19       World Trade Center redevelopment efforts.

        20                  So as you can tell, it is truly

        21       comprehensive, providing low-cost energy to

        22       all of the regions of the state and at the

        23       same time providing a consistent standard in

        24       terms of jobs and reinvestment for all of the

        25       economic development programs involving



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         1       energy.

         2                  I appreciate the Governor's

         3       efforts, I appreciate the efforts of my

         4       colleagues in achieving a consensus on what is

         5       a very difficult issue involving many regional

         6       concerns.  But we have achieved a statewide

         7       consensus, and I appreciate that and urge my

         8       colleagues to vote yes.

         9                  I'm voting aye.  Thank you.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       Wright will be recorded in the affirmative.

        12                  Senator Parker, to explain his

        13       vote.

        14                  SENATOR PARKER:    Mr. President,

        15       to explain my vote.

        16                  First, I applaud the very hard work

        17       done by the three-way negotiations that

        18       resulted in this legislation.  The jobs of

        19       tens of thousands of New Yorkers were hanging

        20       in the balance awaiting the outcome of this

        21       very important legislation.  New York workers

        22       from all over the state, from Buffalo to

        23       Watertown to Brooklyn, will benefit from these

        24       low-cost power programs.

        25                  I can't stress enough the



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         1       importance of continuing to offer this

         2       electricity to New York's industries.

         3       Businesses, hospitals, and universities all

         4       benefit from this program.  These programs

         5       keep New York businesses alive.

         6                  Because, however, this is only a

         7       one-year fix, it remains very important that

         8       we continue the work started here.  And

         9       hopefully we will come back in the next

        10       session and do a longer solution that takes

        11       in, you know, three to four years.

        12                  I look forward to working with

        13       Chairman Wright and Chairman Tonko to find

        14       ways to sustain New York's industries and

        15       business base, and to protect New York's

        16       consumers and residents from the ravages of

        17       skyrocketing energy costs and unsustainable

        18       systems of producing New York's electricity.

        19                  So on this bill I vote aye, and I

        20       encourage my colleagues to also vote aye.

        21                  ACTING PRESIDENT MEIER:    Senator

        22       Parker will be recorded in the affirmative.

        23                  Senator Valesky, to explain his

        24       vote.

        25                  SENATOR VALESKY:    Thank you, Mr.



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         1       President.

         2                  This bill, in a very real way,

         3       averts a potential crisis that could have

         4       occurred in the manufacturing community as

         5       soon as November of this year.

         6                  I rise in support of this bill.  I

         7       want to commend Senator Wright for his

         8       leadership on this issue and for his

         9       shepherding this bill through the process and

        10       bringing it to the floor today.

        11                  I also want to acknowledge the work

        12       of the Manufacturers Association of Central

        13       New York that made this one of their top

        14       priorities for this legislative session.  I

        15       vote in the affirmative on this bill, and I

        16       encourage all of my colleagues to do the same.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT MEIER:    Senator

        19       Valesky will be recorded in the affirmative.

        20                  Senator DeFrancisco, to explain his

        21       vote.

        22                  SENATOR DeFRANCISCO:    Yes, I also

        23       rise to vote aye and explain my vote.

        24                  Over the last couple of months,

        25       there has been some consternation in Central



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         1       New York by the Manufacturers Association of

         2       Central New York and many of their members.

         3       With our manufacturing base dwindling in

         4       New York State and in Central New York, it's

         5       important that we retain those jobs and it's

         6       also very, very important that we start

         7       expanding manufacturing jobs, which are the

         8       highest-paying jobs and also which have so

         9       many spin-offs from those high-paying jobs

        10       that it drives the economy.

        11                  The Manufacturers Association of

        12       Central New York and their members were very

        13       concerned that some of these low-cost power

        14       sources would be not available any longer,

        15       which might have meant the loss of further

        16       jobs because of a cheaper way of doing

        17       business in other states.

        18                  I know Senator Wright and Senator

        19       Libous and myself and others had meetings with

        20       MACNY in order to try to find a solution.  And

        21       I always expressed my confidence that Senator

        22       Wright would find that solution, and I want to

        23       commend him for what he's done to retain that

        24       low-cost power and in effect retain and

        25       hopefully create some more manufacturing jobs



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         1       in Central New York.

         2                  ACTING PRESIDENT MEIER:    Senator

         3       DeFrancisco will be recorded in the

         4       affirmative.

         5                  Senator Maziarz, to explain his

         6       vote.

         7                  SENATOR MAZIARZ:    Thank you very

         8       much, Mr. President.

         9                  I too want to rise in support of

        10       this bill.  I think that with the passage of

        11       this legislation now, this will, echoing the

        12       sentiment of many of my colleagues, but from

        13       the western end of the state, replacement

        14       power, which companies have enjoyed for many

        15       years, will be retained and those companies

        16       will be able to make long-term decisions

        17       hopefully regarding reinvestment within the

        18       Western New York economy.  Thousands of jobs,

        19       manufacturing jobs, as Senator DeFrancisco

        20       pointed out, are tied to the passage of this

        21       legislation.

        22                  I will be voting in favor.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT MEIER:    Senator

        25       Maziarz will be recorded in the affirmative.



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         1                  Senator Volker, to explain his

         2       vote.

         3                  SENATOR VOLKER:    Mr. President, I

         4       want to thank Jim Wright also.  This has been

         5       a bill that -- and George, by the way,

         6       Maziarz, for their work on this bill.

         7                  This is something that the last

         8       time that we dealt with this issue, I was

         9       Chairman of Energy, and the late John Daly

        10       worked with us on the Power Authority part of

        11       this legislation.

        12                  I have to say that I took a lot of

        13       grief over last year's legislation, which, by

        14       the way, was entirely different than this

        15       year's legislation, which is a comprehensive

        16       piece of legislation.  And for those of you

        17       that don't know, I defended one of my

        18       colleagues here and got hit pretty good

        19       because of it.

        20                  The truth is, this bill represents

        21       a compromise that takes care of a whole series

        22       of areas.  It takes care of, primarily, for

        23       us, of the replacement power in Western

        24       New York retains 45 megawatts of what's called

        25       the loose juice.



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         1                  Unfortunately, the Buffalo business

         2       community completely misunderstood what this

         3       issue was all about and thought they could set

         4       up a situation where they could do

         5       portability.  And immediately that created a

         6       problem for us, and a lot of things happened

         7       here.  They actually lobbied against us,

         8       because they didn't realize what this issue

         9       was all about.  In fact, today I got hit in

        10       the newspaper, the Buffalo News, because the

        11       Buffalo News editorial board has no idea what

        12       energy is all about.

        13                  But I want to thank Senator Wright,

        14       who did a heck of a job on this, and all my

        15       colleagues.  This is maybe, in my opinion, the

        16       most important bill of this session for

        17       business, and certainly for upstate New York.

        18       But it also impacts on downstate New York

        19       also.

        20                  So thank you, Senator Wright.  I

        21       vote in the affirmative.

        22                  ACTING PRESIDENT MEIER:    Senator

        23       Volker will be recorded in the affirmative.

        24                  Senator Stachowski, to explain his

        25       vote.



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         1                  SENATOR STACHOWSKI:    Mr.

         2       President, I too rise to support this bill.

         3                  I congratulate Senator Wright on

         4       working on the compromise.  I also

         5       congratulate Senator Maziarz, who led our

         6       delegation on this particular issue.  And all

         7       of us were in support of this to try to make

         8       sure that the replacement power stayed with

         9       all the industries in Western New York, who

        10       would probably not be able to stay or possibly

        11       even expand without this power.  And the fact

        12       that there's a compromise and we get to keep

        13       what we had is wonderful to us.

        14                  And I happen to agree with Senator

        15       Volker that there seems to be some confusion

        16       out our area about some of the things that

        17       were available and aren't available.  But

        18       we're happy with the compromise.  We think it

        19       benefits all of New York State.  And it's a

        20       great reason for a job well done.

        21                  And I support this bill and vote

        22       yes.  Thank you.

        23                  ACTING PRESIDENT MEIER:    Senator

        24       Stachowski will be recorded in the

        25       affirmative.



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         1                  Senator Farley, to explain his

         2       vote.

         3                  SENATOR FARLEY:    I also rise to

         4       throw a bouquet at Senator Wright.

         5                  You have made the entire Senate

         6       look good on this one, and the entire

         7       Legislature, because this was a very difficult

         8       issue that took a long time to try to bring to

         9       pass.  And, Senator Wright, you made it

        10       happen.  You made all of us look good.

        11                  But it really addresses a major

        12       problem in New York State and the upstate

        13       region.  It isn't just Western New York or

        14       Central New York or Northern New York, it's

        15       the entire upstate region, which is really

        16       desperate for jobs.  And this makes a huge

        17       difference for all of us in the state of

        18       New York, and I applaud you on this

        19       compromise.

        20                  ACTING PRESIDENT MEIER:    Senator

        21       Farley will be recorded in the affirmative.

        22                  Senator Rath, to explain her vote.

        23                  SENATOR RATH:    Thank you, Mr.

        24       President.

        25                  I join my colleagues in thanking



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         1       Senator Wright for the hard work on this

         2       issue.  Had we moved on this last year as we

         3       were being urged to do, some of the

         4       complexities of next year and the year after

         5       would not have been uncovered and I'm sure

         6       would not have been dealt with in as clear a

         7       way as the future is now considered and being

         8       dealt with in this bill.

         9                  We will revisit some of this next

        10       year and the year after, I understand.  But at

        11       the time, right now, the replacement power for

        12       the industries in western New York and the

        13       considerations that Power for Jobs will have

        14       for our new jobs that are hopefully going to

        15       be appearing in all of upstate New York, it's

        16       a great day and it's a great day for all of

        17       the state of New York.

        18                  Thank you, Senator Wright.

        19                  ACTING PRESIDENT MEIER:    Senator

        20       Rath will be recorded in the affirmative.

        21                  Senator Libous, to explain his

        22       vote.

        23                  SENATOR LIBOUS:    Thank you, Mr.

        24       President.

        25                  I too want to applaud Senator



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         1       Wright and my colleagues for this excellent

         2       piece of legislation.  This will affect some

         3       2400 jobs just in my district, and I know that

         4       it affects thousands of jobs in New York

         5       State.

         6                  So Senator Wright has done a good

         7       job in negotiating this bill.  And I think it

         8       will keep jobs here and particularly in

         9       upstate New York, and keep them from moving

        10       out of the state.  And I vote aye.

        11                  ACTING PRESIDENT MEIER:    Senator

        12       Libous will be recorded in the affirmative.

        13                  Senator Seward, to explain his

        14       vote.

        15                  SENATOR SEWARD:    Thank you, Mr.

        16       President.  I too rise to commend our

        17       colleague Senator Wright.

        18                  I would have to observe that when

        19       we're talking about rebuilding our economy in

        20       the state of New York, particularly upstate,

        21       when we talk to business owners and employers,

        22       one of the key issues for them, of course, is

        23       the cost of power.

        24                  And with the replacement power, the

        25       Power for Jobs program, economic development



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         1       power, all the various programs that are

         2       available, this is a great safety valve for us

         3       in terms of being able to offer employers,

         4       job-creating employers, job-retention and

         5       -retaining employers, with the ability to have

         6       lower-cost energy.

         7                  And this is a key component to our

         8       economic development strategy, particularly

         9       upstate.  This is good news for the people of

        10       this state that this agreement has been

        11       reached and we can proceed with the effort to

        12       rebuild our economy.  This legislation will be

        13       a big step in that direction.

        14                  I vote aye.

        15                  ACTING PRESIDENT MEIER:    Senator

        16       Seward will be recorded in the affirmative.

        17                  Announce the results.

        18                  THE SECRETARY:    Ayes, 59.

        19                  ACTING PRESIDENT MEIER:    The bill

        20       is passed.

        21                  Senator Libous.

        22                  SENATOR LIBOUS:    Mr. President,

        23       can we return to reports of standing

        24       committees, please.

        25                  ACTING PRESIDENT MEIER:    Reports



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         1       of standing committees.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Senator Bruno,

         4       from the Committee on Rules, reports the

         5       following bills:

         6                  Senate Print 26B, by Senator

         7       Maziarz, an act to amend the General Municipal

         8       Law;

         9                  1365B, by Senator LaValle, an act

        10       to amend the Environmental Conservation Law;

        11                  2616, by Senator Winner, an act to

        12       amend the Highway Law;

        13                  3083, by Senator Young, an act to

        14       amend the Tax Law;

        15                  3176C, by Senator Young, an act to

        16       amend the Agriculture and Markets Law;

        17                  3624A, by Senator Leibell, an act

        18       to amend the Transportation Law;

        19                  3655, by Senator Larkin, an act to

        20       amend the Tax Law;

        21                  4171, by Senator Spano, an act to

        22       amend the Election Law;

        23                  4313, by Senator Fuschillo, an act

        24       to amend the Education Law;

        25                  4464, by Senator Leibell, an act to



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         1       amend the Tax Law;

         2                  4529A, by Senator Golden, an act to

         3       amend the General Municipal Law;

         4                  4574A, by Senator Padavan, an act

         5       to amend the Local Finance Law;

         6                  5550A, by Senator Valesky, an act

         7       to amend the Highway Law;

         8                  5565A, by Senator Wright, an act to

         9       amend the Tax Law;

        10                  5582A, by Senator Seward, an act to

        11       amend the Insurance Law;

        12                  5596, by Senator Maltese, an act to

        13       amend the Administrative Code of the City of

        14       New York;

        15                  5649A, by Senator Johnson, an act

        16       to amend the Environmental Conservation Law;

        17                  5704, by Senator Flanagan, an act

        18       to amend the Public Health Law;

        19                  5809, by the Senate Committee on

        20       Rules, an act to amend Chapter 370 of the Laws

        21       of 2001;

        22                  5845, by Senator Johnson, an act to

        23       amend the Real Property Tax Law;

        24                  5871, by Senator Flanagan, an act

        25       to amend the Election Law;



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         1                  5876, by Senator Morahan, an act to

         2       amend the Mental Hygiene Law;

         3                  5878, by Senator Flanagan, an act

         4       to create;

         5                  5884, by the Senate Committee on

         6       Rules, an act to amend a chapter of the Laws

         7       of 2005;

         8                  5885, by the Senate Committee on

         9       Rules, an act to amend Chapter 582 of the Laws

        10       of 2004;

        11                  5905, by Senator Volker, an act to

        12       amend the Public Authorities Law;

        13                  And Senate Print 5825, by Senator

        14       Meier, an act to amend the State Finance Law.

        15                  All bills ordered direct to third

        16       reading.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Libous.

        19                  SENATOR LIBOUS:    Can we move to

        20       accept the report of Rules Committee.

        21                  ACTING PRESIDENT MEIER:    All

        22       those in favor of accepting the report of the

        23       Rules Committee signify by saying aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT MEIER:    Those



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         1       opposed, nay.

         2                  (No response.)

         3                  ACTING PRESIDENT MEIER:    The

         4       report of the Rules Committee is accepted.

         5                  Senator Libous.

         6                  SENATOR LIBOUS:    Can we move to

         7       the controversial reading of the original

         8       active list, please.

         9                  ACTING PRESIDENT MEIER:    The

        10       Secretary will conduct the controversial

        11       reading of the first active list.

        12                  The Secretary will ring the bell.

        13                  Members should keep in mind that

        14       during the business regarding controversial

        15       bills, that when debate is terminated we will

        16       wait exactly two minutes and no more before

        17       beginning the roll call.

        18                  Secondly, members are reminded that

        19       the Senate rules provide two minutes for the

        20       explanation of votes and that that rule will

        21       be strictly enforced.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       408, by Senator Fuschillo, Senate Print 3488A,

        25       an act to amend the Agriculture and Markets



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         1       Law.

         2                  ACTING PRESIDENT MEIER:    Senator

         3       Klein.

         4                  SENATOR KLEIN:    On the bill, Mr.

         5       President.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Klein, on the bill.

         8                  SENATOR KLEIN:    I rise today in

         9       opposition to this legislation, although I

        10       have the utmost respect for my colleague

        11       Senator Fuschillo, who is certainly a great

        12       consumer advocate.  I think what we're doing

        13       here today in this legislation is taking a

        14       step backwards as it applies to the sanitary

        15       conditions at supermarkets.

        16                  I have a long history in writing

        17       many pieces of legislation that deal with the

        18       sanitary conditions of our supermarkets.  It

        19       came out of a thorough investigation that I

        20       did of the Greater New York City area, which

        21       showed at the time that 54 percent of the

        22       supermarkets failed one or both of their most

        23       recent inspections.

        24                  I know everybody hasn't had their

        25       lunch yet, so I can say most of the violations



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         1       were because of pest violations -- rodents,

         2       rats, mice near or on top of the food.

         3                  And we've passed some very

         4       comprehensive legislation that was signed into

         5       law by the Governor in 2002 which created a

         6       three-strikes-you're-out.  Now, supermarkets,

         7       if they fail three inspections in a row, lose

         8       their license to do business as a supermarket.

         9                  We also now have posting

        10       requirements where if you go into your local

        11       supermarket or your local food store, you

        12       should be able to see in the doorway whether

        13       or not that business passed or failed their

        14       most recent inspection.

        15                  We've gone a long way towards

        16       cleaning up the sanitary conditions of

        17       supermarkets.  Now, it's only about 22 percent

        18       that fail inspections.

        19                  While I think it's important that

        20       we set up a system in this legislation which

        21       provides sort of education for local

        22       supermarkets in learning how to keep their

        23       establishments in a sanitary manner, the

        24       problem with this bill is we exclude smaller

        25       establishments.  My studies showed that



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         1       unfortunately the smaller grocery stores,

         2       bodegas are the ones in many cases that have

         3       problems.

         4                  The interesting thing about this

         5       issue is it doesn't have anything to do with

         6       where the supermarket is located.  We found

         7       very clean supermarkets in the South Bronx,

         8       and we found very dirty ones in the Upper East

         9       Side of Manhattan.

        10                  So I think education is key.  And I

        11       think this legislation, as I said, takes a

        12       step back because we're failing to educate the

        13       smaller establishments who I think really

        14       could use the help.  I think we should make

        15       sure to mandate that they seek help.  So I

        16       vote no on this piece of legislation.

        17                  ACTING PRESIDENT MEIER:    Any

        18       other member wish to be heard on the bill?

        19                  Senator Fuschillo.

        20                  SENATOR FUSCHILLO:    Thank you,

        21       Mr. President.

        22                  I look at this legislation -- on

        23       the bill -- as a step forward to enhance the

        24       efforts that Senator Klein had talked about.

        25                  Under current law, you're only



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         1       required to participate in the food training

         2       programs after the store has failed the

         3       consecutive sanitation requirements.  What

         4       this bill does is it establishes a continuing

         5       education certification program for retail

         6       food establishments.

         7                  Senator Klein, I don't disagree

         8       with you.  I'd like to have everybody in this.

         9       Some of your colleagues on the other side

        10       raised the question last year about the small

        11       businesses, and there is an exemption in there

        12       for small businesses, there is an exemption in

        13       there for family-owned businesses.  And

        14       there's a $3 million exemption in there.

        15                  This is geared primarily, as

        16       Senator Klein had said, towards the grocery

        17       stores and the large chains.  But it's added

        18       to what the current law has by requiring this

        19       food safety certification program.  It's a

        20       training program that will enhance the efforts

        21       that most stores do now, but create uniformity

        22       throughout the state.

        23                  I will be voting in the affirmative

        24       on the bill.

        25                  ACTING PRESIDENT MEIER:    Senator



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         1       Robach.

         2                  SENATOR ROBACH:    Yes, Mr.

         3       President, briefly.

         4                  I rise to support this measure and

         5       commend Senator Fuschillo.  I don't think --

         6       this really builds on the good work we've

         7       already done.  The continuing education piece

         8       is very important.

         9                  And what hasn't been brought up

        10       yet, why this is also important, is this will

        11       not only do an education component but it will

        12       make it uniform in the state.  So for large

        13       chains such as Wegman's, which is one of the

        14       best food chains in the country, headquartered

        15       in Rochester, or any other large or small

        16       chains, for that matter, are not going to have

        17       to deal with different regulations from county

        18       to county on the education piece of safe food

        19       handling.  And I think this is very much

        20       needed, and I'm glad we're moving in that

        21       direction.

        22                  The other thing I would point out

        23       here too, now for people who work in that

        24       field who will get this uniform training, if

        25       they move from one establishment to another,



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         1       albeit big or small, they will now have that

         2       uniform training no matter where they go or

         3       work in the food process.

         4                  I think this is a good bill and

         5       would encourage my colleagues to support it.

         6       Thank you.

         7                  ACTING PRESIDENT MEIER:    Senator

         8       Schneiderman.

         9                  SENATOR SCHNEIDERMAN:    Yes, Mr.

        10       President, this has been an interesting and

        11       informative debate.  And I think it is clear

        12       that everyone who has spoken has the same

        13       intent.

        14                  I do think that Senator Klein

        15       raises an important point.  There are serious

        16       health issues with small stores.  I have many

        17       of them in my district.  And I think that the

        18       concern that this could impose an undue

        19       financial burden I think in some respects is

        20       overstated.

        21                  I would like to support this bill,

        22       but with a view to the future, that hopefully

        23       we're going to be able to take an additional

        24       step to deal with smaller stores.  I don't

        25       think that we really are addressing the



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         1       fundamental health issues if we leave out this

         2       large number of facilities, and I think

         3       Senator Klein's points are absolutely right on

         4       point.

         5                  So I commend both sides on this.

         6       And I have a feeling that as Senator Fuschillo

         7       expands the scope of his intervention in every

         8       area of consumer activity, personal activity,

         9       personal safety and personal hygiene, we may

        10       be seeing further bills extending this into

        11       smaller establishments.

        12                  And I will vote yes with that

        13       understanding, Mr. President.

        14                  Thank you.

        15                  ACTING PRESIDENT MEIER:    Senator

        16       Wright.

        17                  SENATOR WRIGHT:    Thank you, Mr.

        18       President.

        19                  I rise to commend our colleague

        20       Senator Fuschillo and his leadership on this

        21       bill.  Because as I think everyone recognizes,

        22       there are a number of us who had concerns a

        23       year ago.  And in fact, the Senator listened.

        24       And he heard those concerns, and those

        25       concerns are reflected in this statute.  And I



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         1       think that's particularly important and

         2       indicative of the way we do business here in

         3       the Senate.

         4                  So I want to acknowledge his

         5       effort.  I want to commend him on this

         6       particular bill.  I think it does exactly what

         7       we're all looking to accomplish.  And I'm

         8       fully prepared to vote aye.

         9                  Thank you.

        10                  ACTING PRESIDENT MEIER:    Any

        11       other Senator wish to be heard on the bill?

        12                  Debate is closed, then.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect one year after it shall

        16       have become a law.

        17                  ACTING PRESIDENT MEIER:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT MEIER:    Senator

        21       DeFrancisco, to explain his vote.

        22                  SENATOR DeFRANCISCO:    I vote aye.

        23                  And it's amazing, sometimes you get

        24       a kick out of what happens in the chambers.

        25       Sometimes you're damned if you do and you're



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         1       damned if you don't.

         2                  Senator Fuschillo came in with a

         3       good consumer protection bill, and people from

         4       both sides of the aisle said it was too broad

         5       and it affected too many small businesses.  So

         6       in order to take into account what everyone

         7       says, he gives a small business exemption, and

         8       now some complain that it's not broad enough.

         9                  I think this is a good compromise,

        10       and he's got a bill here that I could support.

        11       I vote aye.

        12                  ACTING PRESIDENT MEIER:    Senator

        13       DeFrancisco will be recorded in the

        14       affirmative.

        15                  Senator Hassell-Thompson, to

        16       explain her vote.

        17                  SENATOR HASSELL-THOMPSON:    Thank

        18       you, Mr. President.

        19                  This bill came before the Consumer

        20       Protection Committee about a year or so ago,

        21       and at that time I was the ranking member.

        22       And I want to first say that I appreciate the

        23       fact that Senator Fuschillo -- who understood

        24       that many of us on that committee, even though

        25       we were on the Democratic side of that



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         1       committee, had some real reservations about

         2       the bill -- set about to try to work to change

         3       it.

         4                  I'm not excited that the bill

         5       doesn't speak to how we educate smaller

         6       businesses and whatever.  But I certainly know

         7       that this is a far better bill than the one

         8       that we originally saw.  I appreciate the

         9       conscientiousness with which he respected the

        10       opinions of all the members of the committee,

        11       and has gone a long way.  I would like to work

        12       with him to kind of figure out how do we work

        13       with small businesses to make sure that they

        14       are educated and are not adversely affected

        15       from a business perspective.

        16                  Thank you, Mr. President.  I will

        17       be voting aye.

        18                  ACTING PRESIDENT MEIER:    Senator

        19       Hassell-Thompson will be recorded in the

        20       affirmative.

        21                  Senator Stachowski, to explain his

        22       vote.

        23                  SENATOR STACHOWSKI:    Yes, Mr.

        24       President, I rise to support this bill and

        25       maybe offer a suggestion to Senator Fuschillo



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         1       to how to deal with the small businesses.

         2                  If I'm not mistaken, the restaurant

         3       association has a program that all the

         4       restaurants make available to themselves on

         5       how to deal with food and handle food.  And

         6       quite possibly some of that is run through

         7       community colleges.  And maybe we can get the

         8       smaller delis, et cetera, to either reach out

         9       or you can reach out to the restaurant

        10       association, see how they do it, or also

        11       contact the community colleges that sometimes

        12       offer this, if they have food service.

        13                  And we can work out some kind of

        14       economical way that might not cost a small

        15       bodega owner or small delicatessen owner very

        16       little, if anything, in getting this training

        17       done, which is needed for everybody that works

        18       in any kind of food service industry, whether

        19       it's selling the food or serving the food.

        20                  So I think it's a good bill, a good

        21       step forward, but I think you should cover the

        22       smaller ones, and this is a way to do it.  And

        23       I can understand your concern for their

        24       expenses.

        25                  I vote yes.



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         1                  ACTING PRESIDENT MEIER:    Senator

         2       Stachowski will be recorded in the

         3       affirmative.

         4                  Senator Sabini, to explain his

         5       vote.

         6                  SENATOR SABINI:    Thank you, Mr.

         7       President.

         8                  Senator Klein did great work on

         9       this legislation when he was in the Assembly,

        10       and I know his intentions are good on this.

        11       But I want to congratulate Chairman Fuschillo

        12       for his work on this.  He listened to the

        13       concerns that people had about the mom-and-pop

        14       businesses and how they in effect would have

        15       to shut down if we stayed with the original

        16       legislation for large periods of time, if they

        17       have one or two employees or if it's literally

        18       mom and pop in some of these places.

        19                  So I want to commend Senator

        20       Fuschillo for listening and working with us.

        21       You know, sometimes we on the Democratic side

        22       have to speak up for small business and curb

        23       the rampant regulation that runs through the

        24       Consumer Affairs Committee that tries to

        25       really hurt our small businesses.  But some of



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         1       us here want to stand up and say:  Enough,

         2       small business in New York State deserves a

         3       break too.

         4                  And I'm glad that we were able to

         5       do that on behalf of all the small businesses

         6       in the state, and I'm happy to vote aye.

         7                  ACTING PRESIDENT MEIER:    Senator

         8       Sabini will be recorded in the affirmative.

         9                  Announce the results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 408 are

        12       Senators Klein and A. Smith.

        13                  Those absent from voting:  Connor,

        14       L. Krueger and Oppenheimer.

        15                  Ayes, 55.  Nays, 2.

        16                  ACTING PRESIDENT MEIER:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1487, by Senator Young, Senate Print 568B, an

        20       act to amend the Alcoholic Beverage Control

        21       Law.

        22                  SENATOR SABINI:    Explanation.

        23                  ACTING PRESIDENT MEIER:    Senator

        24       Young, an explanation has been requested about

        25       Calendar 1487.



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         1                  SENATOR YOUNG:    Thank you, Mr.

         2       President.

         3                  This bill addresses

         4       alcohol-without-liquid machines, which is a

         5       new health threat that we have here in

         6       New York State.  These types of machines

         7       encourage the reckless consumption of alcohol

         8       and could increase alcohol abuse, brain

         9       damage, underage drinking, and drunk driving

        10       because of the effects of this device.

        11                  The way that it works is that a

        12       shot of pure liquor is poured into the

        13       machine.  It's then vaporized and mixed with

        14       oxygen, and the person imbibing this actually

        15       breathes it in, in a tube.  And when that

        16       happens, it totally bypasses the digestive

        17       system and is absorbed directly into the

        18       bloodstream through the lungs, creating an

        19       immediate and powerful drunkenness.

        20                  What is really concerning, and it

        21       should be concerning to everyone in this

        22       house, is that this machine is being marketed

        23       to children.  It's marketed as the ultimate

        24       party machine; it's hangover-free,

        25       calorie-free, carb-free.  And the verbiage in



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         1       the advertising has words such as "light" and

         2       "clean" used by the distributors who are

         3       promoting this product.

         4                  You can buy these machines over the

         5       Internet, and there is no age verification

         6       required in New York State.  And because these

         7       machines are portable, there is no question

         8       that they are going to end up at underage

         9       drinking parties.

        10                  The medical community is very

        11       concerned with AWOL machines because of the

        12       risk of brain damage and the fact that --

        13                  ACTING PRESIDENT MEIER:    Excuse

        14       me, Senator Young.

        15                  Senator Young has the floor.

        16                  SENATOR YOUNG:    -- and the fact

        17       that it would promote underage drinking.

        18                  And, you know, in the State

        19       Legislature we have made great strides over

        20       the past several years to combat underage

        21       drinking, to diminish drunken driving.  And

        22       this could wipe away a lot of that progress,

        23       and that's why I sponsored this bill.

        24                  ACTING PRESIDENT MEIER:    Any

        25       other Senator wish to be heard on the bill?



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         1                  Senator Sabini.

         2                  SENATOR SABINI:    Mr. President,

         3       would the sponsor yield for a question.

         4                  ACTING PRESIDENT MEIER:    Senator

         5       Young, do you yield for a question?

         6                  SENATOR YOUNG:    I yield, Mr.

         7       President.

         8                  ACTING PRESIDENT MEIER:    The

         9       sponsor yields.

        10                  SENATOR SABINI:    The sponsor

        11       noted, both in debate and the sponsor's

        12       memorandum, that there be no age requirement

        13       for purchasing this machine.

        14                  So this bill would, as I read it,

        15       prohibit the purchase of this machine by

        16       either individuals -- would that be

        17       prohibited?

        18                  SENATOR YOUNG:    Yes.

        19                  SENATOR SABINI:    Would the

        20       sponsor yield for an additional question, Mr.

        21       President.

        22                  ACTING PRESIDENT MEIER:    Senator

        23       Young, do you yield?

        24                  SENATOR YOUNG:    Yes.

        25                  ACTING PRESIDENT MEIER:    The



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         1       sponsor yields.

         2                  SENATOR SABINI:    Would this also

         3       prevent the purchase of this machine by

         4       licensed alcoholic beverage control businesses

         5       who are regulated by the State of New York?

         6       Would they be prohibited from purchasing this

         7       machine?

         8                  SENATOR YOUNG:    Yes, it would,

         9       because basically what this bill is about is

        10       protecting people's health.  And when you have

        11       something that promotes addiction, that

        12       promotes brain damage, that is still being

        13       studied by the medical community and the

        14       medical community has great concerns about it,

        15       we should take action.

        16                  Basically the penalties that are

        17       attached to this are that persons who sell

        18       alcohol vaporizing devices are guilty of a

        19       Class B misdemeanor for a first offense, and

        20       that's elevated to a Class A misdemeanor for a

        21       subsequent offense within five years.

        22                  And people who purchase or use

        23       these machines would be guilty of a violation.

        24                  SENATOR SABINI:    Would the

        25       sponsor continue to yield for another



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         1       question.

         2                  ACTING PRESIDENT MEIER:    Senator

         3       Young, will you yield for another question?

         4                  SENATOR YOUNG:    Yes, Mr.

         5       President, I will yield.

         6                  ACTING PRESIDENT MEIER:    The

         7       sponsor yields.

         8                  SENATOR SABINI:    My understanding

         9       from these machines are that basically, for

        10       the machine to be used, you have to purchase

        11       alcohol to put into the machine, which is

        12       controlled by the State of New York, and

        13       therefore there is an age verification to

        14       purchase alcohol in the State of New York.

        15                  So why, if the machine is

        16       inoperable without alcohol, which is an

        17       age-required purchase, why is this a dangerous

        18       thing on its own?

        19                  SENATOR YOUNG:    The answer to

        20       that question is because of the dangerous way

        21       that the alcohol is administered.  This

        22       actually could be the next epidemic, similar

        23       to something like crack, because of the harm

        24       that it does to someone's body.

        25                  And the fact is is that, yes, there



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         1       are adults who can buy alcohol, obviously, in

         2       this state.  But why would we market something

         3       that is -- or why would we allow something

         4       that is being marketed directly to underage

         5       drinkers?  I have a huge problem with that.

         6                  SENATOR SABINI:    Mr. President,

         7       on the bill.

         8                  ACTING PRESIDENT MEIER:    Senator

         9       Sabini, on the bill.

        10                  SENATOR SABINI:    Mr. President, I

        11       reject the argument that this machine is being

        12       marketed to underage drinkers.  It is being

        13       used in bars and restaurants around the

        14       country as a unique way of an evening out.  It

        15       eliminates carbohydrates from alcohol.  It

        16       doesn't give you any more alcohol than you put

        17       into the machine.

        18                  If this causes alcoholism,

        19       addiction, then let's close all the bars.

        20       Because that's in effect what you're saying by

        21       saying that this is a dangerous machine.

        22                  There is no attempt to market this,

        23       from what I've seen, to children.  I'd be

        24       against it if there was.  But this is no more

        25       dangerous an item that has to be controlled



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         1       than a cocktail shaker.  Because it's not the

         2       machine, it's what you put in it.  And we

         3       already regulate what you put in it.

         4                  There are a number of our

         5       businesses around this state that are

         6       struggling to stay open after we've taken away

         7       people's ability to smoke, and we've

         8       restricted the activities that go on in bars

         9       to the point that a lot of them are hurting.

        10       And now we're saying that someone came up with

        11       something that some places, some nightclubs

        12       are using, and let's make that a crime to even

        13       sell it to these nightclubs.

        14                  I don't think that this is any more

        15       dangerous than a cocktail shaker or ice.  And

        16       so I think this is just another way of saying

        17       no and sounding like we're doing something

        18       that really isn't doing anything at all.

        19                  I think we need tough alcoholic

        20       beverage control laws in this state; we have

        21       them, and we will continue to have them.  But

        22       I don't see the harm in some of the

        23       restaurants and bars in New York State that

        24       have used this now.  And I believe that those

        25       restaurants and bars would use it responsibly.



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         1       And I'll be voting no.

         2                  Thank you.

         3                  ACTING PRESIDENT MEIER:    Senator

         4       Young.

         5                  SENATOR YOUNG:    Will Senator

         6       Sabini yield to a question.

         7                  ACTING PRESIDENT MEIER:    Senator,

         8       do you yield for a question from Senator

         9       Young?

        10                  SENATOR SABINI:    Yes.

        11                  ACTING PRESIDENT MEIER:    The

        12       Senator yields.

        13                  SENATOR YOUNG:    A year or two ago

        14       the State Legislature actually put regulations

        15       on kegs and people being able to purchase

        16       kegs.  And the reason that I bring that up is

        17       that we put restrictions on what people could

        18       purchase, even though that the product inside

        19       the keg is legal.

        20                  And my question to you is, did you

        21       vote for that legislation?

        22                  SENATOR SABINI:    I can't hear

        23       what -- what we -- kegs?  No, I did not.  I

        24       voted no.

        25                  SENATOR YOUNG:    Okay.  Thank you.



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         1                  Mr. President, may I speak on the

         2       bill?

         3                  ACTING PRESIDENT MEIER:    Senator

         4       Young, on the bill.

         5                  SENATOR YOUNG:    I think that most

         6       people in this house care about people's

         7       health and they would like to see, if alcohol

         8       is going to be consumed, that it's consumed in

         9       moderation.

        10                  You know, most people have that

        11       check and balance within their own physiology

        12       that if they drink 10 or 20 shots in an hour,

        13       hopefully their body expels that before they

        14       get alcohol poisoning.  That's not going to

        15       happen in this case.  What could happen is

        16       severe brain damage.  And what could happen is

        17       that people are so drunk so quickly that they

        18       don't realize how drunk they are, and they get

        19       on the road and they kill and maim other

        20       people.

        21                  Now, we just had a great bill

        22       earlier today protecting people's health as

        23       far as detection of cervical cancer.  I think

        24       we should be consistent in these areas.  This

        25       is a major health threat, and we need to



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         1       address this problem.

         2                  So I would urge my colleagues to

         3       vote yes on this legislation so that we can

         4       protect children and adults in this state.

         5                  ACTING PRESIDENT MEIER:    Senator

         6       Schneiderman.

         7                  SENATOR SCHNEIDERMAN:    Thank you.

         8       Mr. President, if the sponsor would yield for

         9       a few questions.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       Young, do you yield for a question?

        12                  SENATOR YOUNG:    Yes, Mr.

        13       President.

        14                  ACTING PRESIDENT MEIER:    The

        15       sponsor yields.

        16                  SENATOR SCHNEIDERMAN:    I note in

        17       the sponsor's memo that we don't know, and I'm

        18       quoting from the memo, we don't yet know what

        19       kind of health risks are involved with

        20       inhaling alcohol.  Which indicates that in

        21       fact there is no scientific testing.  It says

        22       no scientific testing has been done.  This is

        23       in the sponsor's memo.

        24                  How, then, do we know that there's

        25       any greater problem from inhaling alcohol than



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         1       drinking alcohol?

         2                  SENATOR YOUNG:    We know, through

         3       the medical research that's gone on for many,

         4       many years, that alcohol kills brain cells.

         5       And that people in the medical community are

         6       very concerned about the effects of this

         7       because it's so intensified.

         8                  So we have the research available

         9       saying that alcohol kills brain cells.  This

        10       is magnified and can be consumed at an even

        11       greater rate than by drinking it.  So even

        12       though this is so new we don't have the data,

        13       the medical profession is telling us that it

        14       does, in fact, in their mind, create a health

        15       risk.

        16                  SENATOR SCHNEIDERMAN:    Through

        17       you, Mr. President, if the sponsor would

        18       continue to yield.

        19                  ACTING PRESIDENT MEIER:    Senator

        20       Young, do you yield?

        21                  SENATOR YOUNG:    The sponsor

        22       yields.

        23                  ACTING PRESIDENT MEIER:    The

        24       sponsor yields.

        25                  SENATOR SCHNEIDERMAN:    Is there



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         1       any memo that has been submitted or any

         2       documented study of any kind that is available

         3       to us -- because the sponsor's memo states

         4       that there has been no scientific testing.  Is

         5       there anything available to us to back up that

         6       assertion, to indicate that it's a concern of

         7       the medical community that inhaling as opposed

         8       to just drinking alcohol by ordinary means is

         9       just dangerous?

        10                  We all know that drinking alcohol

        11       is dangerous, kills brain cells, causes drunk

        12       driving.  What's missing from this argument is

        13       any evidence that inhalation is more dangerous

        14       than imbibing.

        15                  Is there any scientific evidence,

        16       study, memo in support of this legislation

        17       that we could be referred to?

        18                  SENATOR YOUNG:    Mr. President, I

        19       think we should apply some common sense here.

        20       As we said, we have all kinds of scientific

        21       data that says that alcohol kills brain cells.

        22       The problem with these machines is, is that

        23       when you drink, you get full.  And if you

        24       drink too much, a lot of times you get sick to

        25       your stomach.  There are not those



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         1       physiological checks and balances with this

         2       system.

         3                  So while my colleague may say,

         4       Well, there's no science on this, there's no

         5       science on this, I in fact think that there is

         6       a ton of science on this.  The proven fact is

         7       that alcohol kills brain cells and causes

         8       brain damage.

         9                  SENATOR SCHNEIDERMAN:    Through

        10       you, Mr. President, if the sponsor would

        11       continue to yield.

        12                  ACTING PRESIDENT MEIER:    Senator

        13       Young, do you yield?

        14                  SENATOR YOUNG:    Yes, I yield.

        15                  ACTING PRESIDENT MEIER:    The

        16       sponsor yields.

        17                  SENATOR SCHNEIDERMAN:    So you

        18       stated earlier that this -- the alcohol

        19       bypasses your gastrointestinal system.  Does

        20       that mean that inhaling alcohol would result

        21       in less liver damage than drinking alcohol?

        22                  SENATOR YOUNG:    Actually, it does

        23       go right into your bloodstream.  And when it

        24       goes into your bloodstream, it does go to all

        25       the organs.



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         1                  SENATOR SCHNEIDERMAN:    And

         2       through you, Mr. President, is this in fact a

         3       calorie-free way to consume and enjoy alcohol

         4       as advertised?

         5                  SENATOR YOUNG:    That's how it's

         6       advertised.  I have no idea.

         7                  SENATOR SCHNEIDERMAN:    But it

         8       doesn't go into your stomach, so presumably

         9       it's lower calorie than just doing shots and

        10       beer.

        11                  SENATOR YOUNG:    Well, I guess I'm

        12       trying to follow your reasoning.  Are you

        13       saying that, for example, that if heroin

        14       doesn't have any calories that it's okay to

        15       take?

        16                  SENATOR SCHNEIDERMAN:    No, no,

        17       not at all.  I'm just questioning whether or

        18       not in fact these claims are true.

        19                  SENATOR YOUNG:    These are claims

        20       made by the distributors, not by me.

        21                  SENATOR SCHNEIDERMAN:    Thank you.

        22       I'd like to thank the sponsor for her answers.

        23                  I must admit to being somewhat

        24       puzzled at this.  On the bill, Mr. President.

        25       We don't really have any scientific evidence



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         1       about these machines.  Obviously, as Senator

         2       Sabini has pointed out, the machine in itself

         3       is not the problem, it's the alcohol you put

         4       into the machine.

         5                  I don't know if they have other

         6       uses, for therapeutic purposes, such as

         7       perhaps aromatherapy or something else that

         8       requires vaporization.

         9                  And I appreciate the sponsor's

        10       concern with the consumption of alcohol.  I

        11       just don't see, at this point, that we have

        12       the evidence to ban a product like this before

        13       us.  And I am sympathetic to the effort to

        14       be -- better to be safe than sorry.  But in

        15       this situation, I'm really not sure that the

        16       state is prepared to act.  And that I would

        17       suggest that further scientific evidence

        18       should be obtained before we take a step like

        19       this.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT MEIER:    Senator

        22       Hannon.

        23                  SENATOR HANNON:    Mr. President,

        24       I've heard the argument against this bill, and

        25       it seems to me that it is totally misdirected.



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         1                  The bill itself talks about the use

         2       of alcohol-vaporizing devices.  The only, only

         3       effect of that is to get someone intoxicated.

         4       There does not seem to be any other legitimate

         5       reason.  It's not like, say, a hypodermic

         6       needle, where it could be used for illegal

         7       substances or for legal substances.

         8                  The second point that hits me is

         9       studies.  Do you need studies for that which

        10       is obvious?  I have several bills that are

        11       pending in regard to rescheduling drugs for

        12       the schedule so they'll match that which is on

        13       the federal drug schedule.  The reason for

        14       some of those is because they're used as

        15       date-rape drugs.  We don't have studies, but

        16       we do have substantial anecdotal evidence that

        17       they're misused.  And the same case as here,

        18       substantial anecdotal evidence it's being

        19       misused.

        20                  The headlines of every paper show

        21       you tragedies that occur when people drive

        22       when drunk.  There's one in the Post today

        23       that talks -- that the headline is "Bodies

        24       Strewn All Over the Road."

        25                  To accept the arguments against



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         1       this bill is to ignore reality, and I'm happy

         2       that Senator Young has sponsored it.

         3                  Thank you.

         4                  ACTING PRESIDENT MEIER:    Any

         5       other Senator wish to be heard on the bill?

         6                  Debate is closed.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT MEIER:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT BALBONI:    Can we

        14       please have some order.

        15                  Senator Sabini, to explain his

        16       vote.

        17                  SENATOR SABINI:    Thank you, Mr.

        18       President.

        19                  I thought the debate was

        20       interesting.  I want to point out that we,

        21       both sides of the aisle, have a lot to be

        22       proud of in terms of legislation this session

        23       for combating drunk driving, particularly

        24       Vasean's Law.

        25                  But I really think that we have to



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         1       trust the business owners in this state, who

         2       have strict licensures to dispense alcohol, to

         3       make some judgment when it comes to the

         4       commercial use of this machine.

         5                  And when it comes to the personal

         6       use of this machine in people's homes, much

         7       like anything else, or someone's refrigerator,

         8       parents have to have some responsibility too

         9       as to what goes in it and what comes out of

        10       it.

        11                  So I don't step back from

        12       protecting us from the recklessness of drunk

        13       driving.  I just think that there's nothing

        14       inherently wrong with this machine, and I'm

        15       voting in the negative.

        16                  Thank you.

        17                  ACTING PRESIDENT BALBONI:

        18       Senator Sabini, you will be recorded in the

        19       negative.

        20                  Senator Marcellino, to explain his

        21       vote.

        22                  SENATOR MARCELLINO:    Listening to

        23       this, I hear the comments about a device that

        24       in and of itself is harmless.  It's not a bad

        25       thing, it's only what you put in it.  It's



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         1       like saying the gun is okay, it's only the

         2       bullet that can hurt you.

         3                  I vote aye.

         4                  ACTING PRESIDENT BALBONI:

         5       Senator Marcellino will be recorded in the

         6       affirmative.

         7                  Announce the results.

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 1487 are

        10       Senators Duane, L. Krueger, Parker, Sabini,

        11       Savino and Schneiderman.

        12                  Absent from voting:  Senators

        13       Connor and Dilan.  Ayes, 52.  Nays, 6.

        14                  ACTING PRESIDENT BALBONI:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1728, by Senator Padavan, Senate Print 5694,

        18       an act to amend the General City Law.

        19                  SENATOR LIZ KRUEGER:

        20       Explanation.

        21                  ACTING PRESIDENT BALBONI:

        22       Senator Padavan, an explanation has been asked

        23       for your bill.

        24                  SENATOR PADAVAN:    Mr. President,

        25       this deals with the very successful Relocation



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         1       and Employment Assistance Program, which since

         2       1995 has been helpful in encouraging

         3       businesses to move into New York City and move

         4       into some of the outer boroughs in terms of

         5       economic development, providing new jobs,

         6       providing new revenues and generally improving

         7       the economic climate of the City of New York.

         8                  The bill before us would expand the

         9       REAP program for certain categories of

        10       businesses which have had a national increase

        11       in terms of growth but, unfortunately, in the

        12       City of New York, while growing, have not

        13       grown at the same rate.  These are areas that

        14       involve the biotech industry, computer systems

        15       design businesses, and certain other growth

        16       industries which nationally are ballooning in

        17       terms of development jobs and so on, but in

        18       the City of New York they are not.

        19                  So what we're doing with this bill

        20       is increasing the REAP amount to $8,000 for

        21       those specific industries.

        22                  ACTING PRESIDENT BALBONI:

        23       Senator Krueger.

        24                  SENATOR LIZ KRUEGER:    Thank you,

        25       Mr. President.  If, through you, the sponsor



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         1       would yield.

         2                  SENATOR PADAVAN:    Yes.

         3                  SENATOR LIZ KRUEGER:    Thank you.

         4                  Senator, as you just explained in

         5       your explanation, this expands the universe of

         6       businesses who would be eligible, and it also

         7       dramatically increases the value of the tax

         8       credit, which had started out as a $500 per

         9       worker tax credit, then moved to $1,000, then

        10       moved to $3,000.  And this would add an

        11       additional $5,000 for these target growth

        12       industries.  So it would be an $8,000 tax

        13       credit per job.

        14                  Is there any projection on how much

        15       lost tax revenue we would expect from this

        16       significant expansion, both in universe of

        17       industries covered and the dollar value per

        18       job?

        19                  SENATOR PADAVAN:    Senator, if you

        20       were listening to what I said, is we're trying

        21       to attract these businesses.

        22                  Let's take biotech.  In your

        23       borough, as an example, we have a wealth of

        24       biotech talent associated with universities

        25       and others.  Yet the industry is not coming to



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         1       New York City where you would assume, with

         2       that intellectual value, that capacity in

         3       terms of people in the biotech field, it would

         4       be the case.

         5                  So we're attracting business into

         6       New York City.  That's what the purpose here

         7       is doing.  So when we attract business into

         8       New York City, while we're giving a REAP

         9       advantage, an increase to $8,000 -- and you're

        10       correct.  And by the way, it's currently in

        11       some cases $3,000, and this bill would also

        12       raise that to $5,000.  But nevertheless, we

        13       are providing that credit -- we will increase

        14       our economic base and in the reasonably short

        15       term, if not the long term, we will increase

        16       revenues to the City of New York.

        17                  SENATOR LIZ KRUEGER:    Mr.

        18       President, through you, if the sponsor would

        19       continue to yield.

        20                  ACTING PRESIDENT BALBONI:

        21       Senator Padavan, do you continue to yield?

        22                  SENATOR PADAVAN:    Yes.

        23                  ACTING PRESIDENT BALBONI:    The

        24       Senator continues to yield.

        25                  SENATOR LIZ KRUEGER:    Thank you.



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         1                  I appreciate the Senator's

         2       response.  And I don't think we disagree that

         3       we want to draw new jobs into the City of

         4       New York, and we want to draw new, good-paying

         5       jobs.  And as you mentioned, REAP's been

         6       around for a while.

         7                  But where I perhaps differ in my

         8       analysis is it's not clear to me that this tax

         9       credit per job is what's either drawing new

        10       jobs into New York or will draw new jobs into

        11       New York.

        12                  My understanding -- again, you

        13       pointed out my borough.  My understanding is

        14       that some of the reasons why we're not drawing

        15       high-tech industries into New York City is,

        16       one, the cost of the land for building

        17       facilities and the cost of building

        18       facilities.  And also the fact that, say, we

        19       haven't been able to pass a stem-cell bill in

        20       this state clarifying what's legal and not

        21       legal for many of the biotechnology and

        22       physical-science developing businesses.

        23                  But I haven't seen a lot of

        24       information out there arguing that the reason

        25       companies are not coming to New York City is



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         1       because of the local tax costs for new

         2       employees.  So I was wondering where we know,

         3       based on the experience of REAP to date, that

         4       this is the right model.  Although I agree we

         5       want to do things we ought to do to encourage

         6       businesses to come, expand, and stay in our

         7       city.

         8                  SENATOR PADAVAN:    First, your

         9       point about the costs being higher is correct.

        10       And the REAP program is intended to offset

        11       that, so that deterrent will no longer exist

        12       in the net result.

        13                  I should also point out that this

        14       is an authorization.  This is an authorization

        15       to the City of New York to adopt these

        16       incentives.  It is not a mandate.  So they

        17       will be able to selectively decide where and

        18       how they want to do this, within the confines

        19       of the legislation.

        20                  SENATOR LIZ KRUEGER:    Mr.

        21       President, through you, if the sponsor would

        22       continue to yield.

        23                  ACTING PRESIDENT BALBONI:

        24       Senator Padavan, do you continue to yield?

        25                  SENATOR PADAVAN:    One more



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         1       question, Mr. President.

         2                  ACTING PRESIDENT BALBONI:

         3       Senator Padavan will yield for one more

         4       question, Senator Krueger.

         5                  SENATOR KRUEGER:    And I had one

         6       more, so that's perfect.

         7                  ACTING PRESIDENT BALBONI:

         8       Perfect timing.

         9                  SENATOR LIZ KRUEGER:    Very nice.

        10                  This would give a tax advantage to

        11       businesses in one set of arenas --

        12       biotechnology, physical science, computer

        13       system design, business and management,

        14       scientific and technical consulting business

        15       services, which I would guess is actually a

        16       fairly broad arena in our city.  It would give

        17       a tax advantage to these businesses over other

        18       more traditional industries like manufacturing

        19       or retail.

        20                  Do you have any concern about the

        21       inequity in the tax policy where one set of

        22       businesses pay lower taxes to the City of

        23       New York than others?

        24                  SENATOR PADAVAN:    No.

        25                  SENATOR LIZ KRUEGER:    Thank you,



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         1       Mr. President.  On the bill.

         2                  ACTING PRESIDENT BALBONI:    On the

         3       bill.

         4                  SENATOR LIZ KRUEGER:    Thank you.

         5                  I appreciate the sponsor's answers.

         6       And I know that he and I both have the same

         7       goals.  We want to expand business activities

         8       in the City of New York.  We want good-paying

         9       jobs.  We want growth in our economic

        10       development.  We want high-tech businesses to

        11       come, to stay, to flourish.

        12                  My concern is that much research

        13       that has been done around tax-exemption

        14       retention and job-development deals show that

        15       this model doesn't work.  It doesn't actually

        16       accomplish its mission.

        17                  There are no clawback requirements

        18       in this bill if companies fail to meet their

        19       obligations.  There's no clarification of

        20       whether these jobs have to pay living wages

        21       with benefits, whether there has to be good

        22       corporate responsibility by the companies,

        23       whether this would in fact expand the number

        24       of jobs in these businesses or simply lower

        25       the economic tax revenue to the City of



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         1       New York.

         2                  I do understand that the city, at

         3       least the City Council is supporting this.

         4       I'm not sure that the City of New York overall

         5       is -- the mayor's office, rather.  I don't

         6       know whether they support it or not.

         7                  But again, my experience with

         8       reviewing research on tax exemption bills for

         9       certain subindustries leads me to believe that

        10       these aren't models that are working and that

        11       there are better ways for us to move forward.

        12                  So as I often do, I support certain

        13       tax exemption bills on this floor and I object

        14       to others.  I don't think this bill meets the

        15       test, although I completely respect the goal

        16       of those who are continuing to struggle to

        17       figure out how we keep and attract and retain

        18       good-paying jobs.

        19                  And so I'll be voting no.  Thank

        20       you, Mr. President.

        21                  ACTING PRESIDENT BALBONI:    Any

        22       other Senator wishing to be heard?

        23                  Ring the bells.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 19.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT BALBONI:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Those recorded in

         6       the negative on Calendar Number 1728 are

         7       Senators Duane and L. Krueger.

         8                  Absent from voting:  Senators

         9       DeFrancisco and Dilan.

        10                  Ayes, 56.  Nays, 2.

        11                  ACTING PRESIDENT BALBONI:    The

        12       bill is passed.

        13                  Senator Libous.

        14                  SENATOR LIBOUS:    Mr. President,

        15       could you temporarily lay aside Calendar

        16       Number 1744, please.

        17                  ACTING PRESIDENT BALBONI:

        18       Calendar Number 1744 has been laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       1851, by the Senate Committee on Rules, Senate

        21       Print Number 5886, an act to amend the Labor

        22       Law.

        23                  ACTING PRESIDENT BALBONI:

        24       Senator Libous.

        25                  SENATOR LIBOUS:    Mr. President,



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         1       this was inadvertently laid aside.  Could we

         2       take this up as a noncontroversial issue.

         3                  ACTING PRESIDENT BALBONI:

         4       Noncontroversial calendar.

         5                  Clerk will read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT BALBONI:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT BALBONI:    The

        13       bill is passed.

        14                  Senator Libous.

        15                  SENATOR LIBOUS:    Mr. President,

        16       could we please now have the noncontroversial

        17       reading of Supplemental Calendar A, please.

        18                  ACTING PRESIDENT BALBONI:    We'll

        19       now have the reading of the noncontroversial

        20       Supplemental Calendar A.

        21                  Clerk will read.

        22                  THE SECRETARY:    Calendar Number

        23       1853, by Senator LaValle, Senate Print 1365B,

        24       an act to amend the Environmental Conservation

        25       Law.



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         1                  ACTING PRESIDENT BALBONI:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 28.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT BALBONI:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  ACTING PRESIDENT BALBONI:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1854, by Senator Winner, Senate Print 2616, an

        13       act to amend the Highway Law.

        14                  ACTING PRESIDENT BALBONI:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 5.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT BALBONI:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 60.

        22                  ACTING PRESIDENT BALBONI:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1855, by Senator Young, Senate Print 3083, an



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         1       act to amend the Tax Law.

         2                  ACTING PRESIDENT BALBONI:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the first day of a

         6       sales tax quarterly period.

         7                  ACTING PRESIDENT BALBONI:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 59.  Nays,

        11       1.  Senator Duane recorded in the negative.

        12                  ACTING PRESIDENT BALBONI:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1856, Senator Young moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 4534C and substitute it

        18       for the identical Senate Bill Number 3176C,

        19       Third Reading Calendar 1856.

        20                  ACTING PRESIDENT BALBONI:

        21       Substitution is ordered.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1856, by Member of the Assembly Magee,

        25       Assembly Print Number 4534C, an act to amend



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         1       the Agriculture and Markets Law.

         2                  ACTING PRESIDENT BALBONI:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 5.  This

         5       act shall take effect on the 180th day.

         6                  ACTING PRESIDENT BALBONI:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 60.

        10                  ACTING PRESIDENT BALBONI:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 1857, Senator Leibell moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 6721A and substitute it

        16       for the identical Senate Bill Number 3624A,

        17       Third Reading Calendar 1857.

        18                  ACTING PRESIDENT BALBONI:

        19       Substitution is ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       1857, by Member of the Assembly Bradley,

        23       Assembly Print Number 6721A, an act to amend

        24       the Transportation Law.

        25                  ACTING PRESIDENT BALBONI:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT BALBONI:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 60.

         8                  ACTING PRESIDENT BALBONI:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1858, by Senator Larkin, Senate Print 3655, an

        12       act to amend the Tax Law.

        13                  ACTING PRESIDENT BALBONI:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect December 1, 2005.

        17                  ACTING PRESIDENT BALBONI:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 1858 are

        22       Senators Duane, L. Krueger and Winner.

        23                  Ayes, 57.  Nays, 3.

        24                  ACTING PRESIDENT BALBONI:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1859, by Senator Spano, Senate Print 4171, an

         3       act to amend the Election Law.

         4                  ACTING PRESIDENT BALBONI:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT BALBONI:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Those recorded in

        12       the negative on Calendar Number 1859:

        13       Senators Little and Winner.  Also Senator

        14       Seward.

        15                  Ayes, 57.  Nays, 3.

        16                  ACTING PRESIDENT BALBONI:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 1860, Senator Fuschillo moves

        20       to discharge, from the Committee on Education,

        21       Assembly Bill Number 6283A and substitute it

        22       for the identical Senate Bill Number 4313,

        23       Third Reading Calendar 1860.

        24                  ACTING PRESIDENT BALBONI:

        25       Substitution is ordered.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       1860, by Member of the Assembly Weisenberg,

         4       Assembly Print Number 6283A, an act to amend

         5       the Education Law.

         6                  ACTING PRESIDENT BALBONI:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT BALBONI:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 60.

        14                  ACTING PRESIDENT BALBONI:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1861, by Senator Leibell, Senate Print 4464,

        18       an act to amend the Tax Law.

        19                  ACTING PRESIDENT BALBONI:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT BALBONI:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 59.  Nays,

         2       1.  Senator Duane recorded in the negative.

         3                  ACTING PRESIDENT BALBONI:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 1862, Senator Golden moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 7423A and substitute it

         9       for the identical Senate Bill Number 4529A,

        10       Third Reading Calendar 1862.

        11                  ACTING PRESIDENT BALBONI:

        12       Substitution is ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1862, by Member of the Assembly Boyland,

        16       Assembly Print Number 7423A, an act to amend

        17       the General Municipal Law.

        18                  ACTING PRESIDENT BALBONI:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT BALBONI:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 60.



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         1                  ACTING PRESIDENT BALBONI:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1863, by Senator Padavan, Senate Print 4574A,

         5       an act to amend the Local Finance Law.

         6                  ACTING PRESIDENT BALBONI:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT BALBONI:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 60.

        14                  ACTING PRESIDENT BALBONI:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1865, by Senator Valesky, Senate Print 5550A,

        18       an act to amend the Highway Law.

        19                  ACTING PRESIDENT BALBONI:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT BALBONI:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 60.

         2                  ACTING PRESIDENT BALBONI:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1867, by Senator Seward, Senate Print 5582A,

         6       an act to amend the Insurance Law.

         7                  ACTING PRESIDENT BALBONI:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT BALBONI:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT BALBONI:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1868, by Senator Maltese, Senate Print 5596 --

        19                  SENATOR SCHNEIDERMAN:    Lay it

        20       aside.

        21                  ACTING PRESIDENT BALBONI:    Lay

        22       the bill aside.

        23                  THE SECRETARY:    Calendar Number

        24       1869, by Senator Johnson, Senate Print 5649A,

        25       an act to amend the Environmental Conservation



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         1       Law.

         2                  ACTING PRESIDENT BALBONI:

         3       Senator LaValle, why do you rise?

         4                  SENATOR LaVALLE:    I rise to

         5       explain my vote, Mr. President.

         6                  ACTING PRESIDENT BALBONI:    Read

         7       the last section first, please.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT BALBONI:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT BALBONI:

        14       Senator LaValle, to explain his vote.

        15                  SENATOR LaVALLE:    Mr. President,

        16       this is actually a very historic moment with

        17       passage of this bill.  I think it's the first

        18       time in I don't know how many years that there

        19       is a bill dealing with marine life fisheries.

        20                  And it's a Johnson-LaValle bill.

        21       It's a good bill dealing with scallops.  I

        22       vote in the affirmative.

        23                  ACTING PRESIDENT BALBONI:

        24       Senator LaValle will be recorded in the

        25       affirmative.



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         1                  Announce the results.

         2                  THE SECRETARY:    Ayes, 60.

         3                  ACTING PRESIDENT BALBONI:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1870, by Senator Flanagan, Senate Print --

         7                  SENATOR LIBOUS:    Lay it aside for

         8       the day, please.

         9                  ACTING PRESIDENT BALBONI:    The

        10       bill is laid aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       1871, by the Senate Committee on Rules, Senate

        13       Print Number 5809, an act to amend Chapter 370

        14       of the Laws of 2001.

        15                  ACTING PRESIDENT BALBONI:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT BALBONI:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT BALBONI:    The

        24       bill is passed.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 1872, Senator Johnson moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 8910 and substitute it

         4       for the identical Senate Bill Number 5845,

         5       Third Reading Calendar 1872.

         6                  ACTING PRESIDENT BALBONI:

         7       Substitution is ordered.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       1872, by the Assembly Committee on Rules,

        11       Assembly Print Number 8910, an act to amend

        12       the Real Property Tax Law and the

        13       Environmental Conservation Law.

        14                  ACTING PRESIDENT BALBONI:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 3.  This

        17       act shall take effect on the same date as a

        18       chapter of the Laws of 2005.

        19                  ACTING PRESIDENT BALBONI:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT BALBONI:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1873, by Senator Flanagan --

         2                  SENATOR SCHNEIDERMAN:    Lay it

         3       aside.

         4                  ACTING PRESIDENT BALBONI:    Lay

         5       the bill aside.

         6                  THE SECRETARY:    Calendar Number

         7       1874, by Senator Morahan, Senate Print --

         8                  SENATOR SCHNEIDERMAN:    Lay it

         9       aside.

        10                  ACTING PRESIDENT BALBONI:    Lay

        11       that bill aside.

        12                  THE SECRETARY:    Calendar Number

        13       1875, by Senator Flanagan, Senate Print 5878,

        14       an act to create the Kings Park land

        15       redevelopment task force.

        16                  ACTING PRESIDENT BALBONI:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT BALBONI:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 60.

        24                  ACTING PRESIDENT BALBONI:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1876, by the Senate Committee on Rules, Senate

         3       Print Number 5884, an act to amend a chapter

         4       of the Laws of 2005.

         5                  ACTING PRESIDENT BALBONI:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect on the same date and in

         9       the same manner as a chapter of the Laws of

        10       2005.

        11                  ACTING PRESIDENT BALBONI:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT BALBONI:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1877, by the Senate Committee on Rules, Senate

        19       Print Number 5885, an act to amend Chapter 582

        20       of the Laws of 2004.

        21                  ACTING PRESIDENT BALBONI:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT BALBONI:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT BALBONI:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1879, by Senator Meier, Senate Print 5825, an

         8       act to amend the State Finance Law.

         9                  ACTING PRESIDENT BALBONI:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 4.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT BALBONI:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 59.  Nays,

        17       1.  Senator Duane recorded in the negative.

        18                  ACTING PRESIDENT BALBONI:    The

        19       bill is passed.

        20                  THE SECRETARY:    Excuse me.  In

        21       relation to Calendar Number 1879:  Ayes, 58.

        22       Nays, 2.  Senators Duane and Hassell-Thompson

        23       recorded in the negative.

        24                  ACTING PRESIDENT BALBONI:    The

        25       bill is passed again.



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         1                  Senator Libous, that completes the

         2       calendar of noncontroversial bills.

         3                  SENATOR LIBOUS:    Mr. President,

         4       with your approval, could we move to the

         5       controversial calendar, please.

         6                  ACTING PRESIDENT BALBONI:    The

         7       Secretary will ring the bell.

         8                  Senator Volker, why do you rise?

         9                  SENATOR VOLKER:    Mr. President,

        10       may I make an inquiry on Calendar Number 1878,

        11       which is the Erie County fiscal stability

        12       board.

        13                  That bill is still high, and we

        14       don't have a message yet; is that correct?

        15                  ACTING PRESIDENT BALBONI:

        16       According to the Secretary, that is correct.

        17                  SENATOR VOLKER:    Thank you.

        18                  ACTING PRESIDENT LITTLE:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       1868, by Senator Maltese, Senate Print 5596,

        22       an act to amend the Administrative Code of the

        23       City of New York.

        24                  SENATOR LIZ KRUEGER:

        25       Explanation.



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         1                  ACTING PRESIDENT LITTLE:    Thank

         2       you.

         3                  Senator Krueger has requested an

         4       explanation from Senator Maltese.

         5                  SENATOR MALTESE:    Madam

         6       President, this bill is a bill to amend the

         7       Administrative Code of the City of New York in

         8       relation to providing tax credits for eligible

         9       businesses that relocate to industrial

        10       business zones in the City of New York.

        11                  In addition, it creates an

        12       Industrial Business Zone Boundary Commission

        13       and the designation, repeal and amendment of

        14       those zones.

        15                  The bill would provide that this

        16       Industrial Business Zone Boundary Commission

        17       shall have the authority to designate, amend

        18       and repeal the boundaries.  In addition, to

        19       sets up the memberships of that commission

        20       which would include most of the building --

        21       most of the commissioners of the City of

        22       New York dealing with business, industry and

        23       building, would include five borough

        24       presidents, would include a member of the

        25       community to sit and make decisions as far as



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         1       expanding and decreasing the boundaries of the

         2       industrial business zones.

         3                  The tax credit would apply against

         4       the unincorporated business tax and would also

         5       apply against the general corporation tax.

         6       Eligible businesses relocating to such zones,

         7       the credit would not exceed the actual

         8       relocation cost of $100,000 and would provide

         9       for $1,000 per full-time employee.

        10                  It also provides that any two

        11       employees whose working hours add up to

        12       approximately 30 hours would also apply for

        13       $1,000.

        14                  Basically, in the fifties, there

        15       were 2 million industrial employees in the

        16       City of New York.  Now we are down to less

        17       than 500,000.  What the mayor of the City of

        18       New York and the City of New York is

        19       attempting to do is provide incentives for

        20       businesses relocating within the City of

        21       New York and providing business opportunities.

        22                  The some 500,000 employees are

        23       15 percent of the city's entire business

        24       workforce.

        25                  It's an important bill, it's a bill



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         1       that would provide incentives for business.

         2       It would do something about the blue-collar

         3       workers.  Queens is the county that would

         4       appear to be most beneficially affected, but

         5       it basically would affect all of the counties

         6       of the City of New York.

         7                  The workforce that is affected is

         8       almost wholly blue-collar and is primarily --

         9       many immigrants are involved in this.  This is

        10       a helpful -- a bill helpful to economic

        11       development in the City of New York, helpful

        12       to providing a business climate for industry.

        13                  In a time when so many zoning

        14       changes and overdevelopment is affecting

        15       industries that provide working opportunities

        16       for workers in the City of New York, this bill

        17       would seek to provide some equity so that

        18       businesses can have some stability, attract

        19       working people, and provide for the tax base

        20       of the City of New York.

        21                  ACTING PRESIDENT LITTLE:    Thank

        22       you, Senator.

        23                  SENATOR LIZ KRUEGER:    Madam

        24       President, if, through you, the sponsor would

        25       yield.



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         1                  ACTING PRESIDENT LITTLE:    Thank

         2       you.

         3                  Senator Maltese, do you yield?

         4                  SENATOR MALTESE:    Yes, Madam

         5       President.

         6                  ACTING PRESIDENT LITTLE:    The

         7       Senator yields.

         8                  SENATOR LIZ KRUEGER:    Thank you.

         9                  And thank you for the detailed

        10       explanation.  Only just a couple of questions

        11       on this bill.

        12                  One, I agree completely we have to

        13       do something to try to retain and even create

        14       new industrial blue-collar jobs in the City of

        15       New York.  And I agree that it

        16       disproportionately affects your borough.

        17                  But I wonder why we're limiting it

        18       to specific zones.  Since the goal is to

        19       encourage these jobs to move into New York

        20       City, why wouldn't we just do across the board

        21       for people who are starting businesses or

        22       moving to New York City to do industry?  Why

        23       do we limit it to these select zones?

        24                  SENATOR MALTESE:    I'm sorry, I

        25       didn't hear the end of the question, Senator.



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         1                  SENATOR LIZ KRUEGER:    Why do we

         2       limit this tax credit only for industry in

         3       specific zones?  Why, if an industry decides

         4       to move to a small geographic corner of an

         5       area that is not in the zone, wouldn't they

         6       get the tax credit?

         7                  SENATOR MALTESE:    Through you,

         8       Madam President, I think one of the problems

         9       is the amount of tax revenue that the City of

        10       New York would have to give up.

        11                  Right now this is all a follow-up

        12       to the creation of the industry and

        13       manufacturing offices that the Mayor of

        14       New York created in conjunction with the city.

        15       As a result, this is a -- you could call it a

        16       preliminary effort to try to create an

        17       extension of these industrial and business

        18       zones.

        19                  Right now there are only 14

        20       industrial areas affected by it in the city.

        21       I imagine, if it is successful, you would very

        22       well have it increased.  And one of the

        23       functions of the commission would be to

        24       increase the borders, which could very well

        25       end up increasing the areas affected.



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         1                  As I state, the tax revenues that

         2       would be affected would have to be taken into

         3       consideration, because the amount that would

         4       be paid out in some cases would affect the tax

         5       base of the city.

         6                  Which, by the way, the industry

         7       provides a significant portion of the -- of

         8       tax revenues for the City of New York.  And if

         9       they don't have a place to set up business or

        10       locate, you would end up having a diminishing

        11       return for tax revenues for the City of

        12       New York.

        13                  SENATOR LIZ KRUEGER:    Thank you.

        14                  Madam President, on the bill.

        15                  ACTING PRESIDENT LITTLE:    Thank

        16       you.

        17                  Senator Krueger, on the bill.

        18                  SENATOR LIZ KRUEGER:    Thank you.

        19                  I want to thank the sponsor.  I am

        20       happy to support this bill.  I did want to ask

        21       the questions to elicit the answer.

        22                  Just a few minutes ago I argued

        23       against a bill that will give an $8,000 credit

        24       for companies who actually tend to hire very

        25       high-paying people with good benefits who are



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         1       likely not to be in desperate situations.

         2                  Senator Maltese's bill, though, is

         3       targeted specifically to an arena that we are

         4       desperate to help in New York City.  There is

         5       no question we need to try to hold on to some

         6       very minimal base of manufacturing and

         7       blue-collar jobs.  And it is, in fact, one of

         8       the key areas where we suffer the highest

         9       unemployment rate, people who don't have other

        10       alternatives for employment.  If they can't

        11       find manufacturing jobs because we don't have

        12       any in the City of New York, we all pay a

        13       significant price.

        14                  My only concern is although he

        15       addressed it that perhaps this is a pilot

        16       attempt, it seems to me that if it's good for

        17       us to support manufacturing in one geographic

        18       area, it's good for us to support it in other

        19       areas of the city.  So I might argue that we

        20       should have made this available to anyone

        21       across an industry for equity purposes.

        22                  And, second, I just want to

        23       highlight that for these jobs we offer a

        24       $1,000 maximum tax credit while in the

        25       previous bill that I didn't support it was an



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         1       $8,000 tax credit.  So I respect your point

         2       that maybe this is too great a loss of revenue

         3       to the City of New York, but my reason for

         4       supporting your bill is in fact a

         5       reaffirmation of my reason for not supporting

         6       the previous REAP bill.

         7                  Nobody has done the fiscal

         8       analysis, either of the win from this kind of

         9       program or the lost revenue to the City of

        10       New York.  Nonetheless, we absolutely know

        11       that we should be doing more to try to support

        12       a continued base of manufacturing and industry

        13       in the city.

        14                  So I support your bill.  I hope

        15       we'll go further.  But more important, I

        16       think, also for us here in the Legislature, we

        17       need to ask more questions about how these

        18       programs work -- whether they're successful,

        19       whether they're not, what the cost to the

        20       locality or the state is, whether we are

        21       rational in our decisions about when we give

        22       tax exemptions or credits or when we don't.

        23                  Because I wonder about the

        24       difference between an $8,000 per employee

        25       credit and a $1,000 per employee credit.  The



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         1       City of New York will take the hit for both.

         2       But who decided between those, and who

         3       prioritized?

         4                  So I will be voting yes, and I

         5       appreciate your comments.

         6                  Thank you, Madam President.

         7                  ACTING PRESIDENT LITTLE:    Thank

         8       you.

         9                  Is there any other Senator who

        10       wishes to speak on the bill?

        11                  The debate is closed.  The

        12       Secretary will ring the bell.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 6.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT LITTLE:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT LITTLE:    Senator

        20       Montgomery, to explain your vote.

        21                  SENATOR MONTGOMERY:    Yes, thank

        22       you, Madam President.

        23                  I just want to join my colleague

        24       Senator Krueger in supporting this legislation

        25       that Senator Maltese has introduced.  Clearly



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         1       it's something that's going to benefit many of

         2       us.

         3                  A district like mine, for instance,

         4       where there's a tremendous amount of tension

         5       and struggle to maintain as much industrial

         6       and manufacturing business as possible, and to

         7       also encourage new industries to come into the

         8       district, I think this is going to be welcomed

         9       by them and helpful.  And so I'm going to be

        10       supporting this legislation.

        11                  Thank you.

        12                  ACTING PRESIDENT LITTLE:    Thank

        13       you.

        14                  Senator Montgomery will be recorded

        15       in the affirmative.

        16                  Senator Stavisky.

        17                  SENATOR STAVISKY:    Madam

        18       President, as someone who represents Queens

        19       County, I recognize the needs of these

        20       businesspeople and the manufacturers, and this

        21       can only help in the economic development

        22       which will contribute to the city's tax base.

        23                  And I'm delighted to support this

        24       legislation.

        25                  ACTING PRESIDENT LITTLE:    Senator



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         1       Stavisky will be recorded in the affirmative.

         2                  The Secretary will announce the

         3       results.

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT LITTLE:    The

         6       bill is passed.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Madam President,

         9       would you please recognize Senator

        10       DeFrancisco.

        11                  ACTING PRESIDENT LITTLE:    Thank

        12       you.

        13                  Senator DeFrancisco.

        14                  SENATOR DeFRANCISCO:    Yes, I was

        15       out of the chambers when the vote was taken on

        16       Calendar Number 1728, Senate 5694, with an

        17       unavoidable conflict.  Had I been here, I

        18       would have voted yes.

        19                  ACTING PRESIDENT LITTLE:    The

        20       record will so reflect.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       1873, by Senator Flanagan, Senate Print 5871,

        24       an act to amend the Election Law and the State

        25       Finance Law.



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         1                  SENATOR SCHNEIDERMAN:

         2       Explanation.

         3                  ACTING PRESIDENT LITTLE:    Thank

         4       you.

         5                  Senator Flanagan, for an

         6       explanation.

         7                  SENATOR FLANAGAN:    Thank you,

         8       Madam President.

         9                  This is one of the bills that would

        10       be perhaps considered to be part of the HAVA

        11       package that we've been dealing with this

        12       year.  And this is the only bill, as part of

        13       the package, that does not happen to be agreed

        14       upon with the Assembly.  But I think it's

        15       important to highlight some of the aspects of

        16       the bill that change present law.

        17                  I'd fundamentally say that our

        18       goal, and I think the goal of everybody in

        19       this room, is to make sure that anybody's

        20       who's eligible to vote who's registered to

        21       vote who shows up at a polling place should

        22       have the proper access, not only to a machine

        23       but to any facility or building where the

        24       person may be actually trying to vote.

        25                  And we have not done anything to



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         1       deviate that.  In fact, I think we've made the

         2       law stronger.

         3                  The highlights of this bill would

         4       be the following.  We repeal the waiver

         5       provisions that have concerned many advocates

         6       for a number of years.  That's a very

         7       significant step.  We create a citizen's

         8       advisory committee, and that's done within the

         9       context of the machine bill that we'll be

        10       doing quite soon.  And there are at least four

        11       out of the 12 members of that committee who

        12       are from the disabled community.

        13                  And I would also say that this bill

        14       represents a step forward and beyond the

        15       requirements of HAVA.  HAVA calls for --

        16       actually calls for machines to be compliant

        17       for the 2006 election.  What this bill does is

        18       go beyond and make sure that polling sites

        19       also are compliant.  There is correspondence

        20       from the Justice Department that says what

        21       good is it to have a machine that's compliant

        22       if the person can't get into the building.

        23                  And then probably perhaps the most

        24       significant aspect of this bill is we've

        25       actually provided money.  There's $5 million



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         1       appropriated from the HAVA funds for

         2       municipalities to come to the State of

         3       New York and say:  Here are our issues, here

         4       are our problems, we need some help from the

         5       State of New York.  That will be controlled

         6       and regulated by the State Board of Elections,

         7       and there's $5 million to do that.

         8                  I believe this is a very positive

         9       bill and a very strong step forward.

        10                  ACTING PRESIDENT LITTLE:    Thank

        11       you, Senator.

        12                  Senator Schneiderman.

        13                  SENATOR SCHNEIDERMAN:    Thank you,

        14       Madam President.  On the bill.

        15                  ACTING PRESIDENT LITTLE:    Thank

        16       you.  On the bill.

        17                  SENATOR SCHNEIDERMAN:    This

        18       unfortunately is a one-house bill on what many

        19       of us believe to be an extremely important

        20       issue, handicapped access to polling sites.

        21                  And this is perhaps a gesture

        22       towards access, but it is a gesture that I

        23       believe falls far short.  It is not as good as

        24       the counterpart bill in the Assembly.  It

        25       provides the absurd sum of $5 million



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         1       statewide to make polling places accessible.

         2       And it provides further waivers, it provides

         3       further delays in the requirements and I think

         4       that in fact may be completely inconsistent

         5       with HAVA and possibly subject to litigation.

         6                  This will delay handicapped access

         7       to polling.  It doesn't provide enough money.

         8       We have to do better than this.  So I would

         9       urge all of my colleagues, until we come to

        10       agreement on something that is a meaningful

        11       bill to provide the funds and close the

        12       loopholes, we should not be supporting a

        13       futile gesture and a flawed gesture at that.

        14                  I vote no and encourage everyone to

        15       vote no.

        16                  ACTING PRESIDENT LITTLE:    Is

        17       there any other Senator wishing to be heard?

        18                  Senator Flanagan.

        19                  SENATOR FLANAGAN:    Madam

        20       President, on the bill.

        21                  ACTING PRESIDENT LITTLE:    On the

        22       bill.

        23                  SENATOR FLANAGAN:    I listened to

        24       the comments of my colleague Senator

        25       Schneiderman, and I would respectfully



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         1       disagree on a couple of different points.

         2                  Number one, there's a tremendous

         3       amount of work that's gone into this issue.

         4       This is not a gesture.  This is actual

         5       legislation.  This is an important piece of

         6       legislation that we're moving forward to help

         7       the disabled community, to make sure that

         8       people have access to voting facilities.

         9                  Now, the representation was made,

        10       to quote, that the sum of $5 million is

        11       absurd.  Let me make one very clear

        12       distinction.  The Assembly has done nothing.

        13       They haven't provided a nickel, not a dime,

        14       not a dollar, not a million dollars.  This

        15       bill provides $5 million.

        16                  And the intention of this bill was

        17       never to go to municipalities and say, By the

        18       way, we're going to build you a new building

        19       for $5 million.  We want to work with them.

        20       They have to come to the state, show what they

        21       need, make a compelling case to the State

        22       Board of Elections, and then, then they may be

        23       eligible for funding.

        24                  But to suggest that $5 million is

        25       insignificant is frankly offensive.  This bill



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         1       is a good-faith effort.  It is far more than a

         2       gesture.  And it is something that everybody

         3       should be voting for and be proud of, because

         4       it goes beyond the requirements of HAVA and

         5       it's a very positive step forward for the

         6       voting public in the State of New York.

         7                  ACTING PRESIDENT LITTLE:    Thank

         8       you, Senator.

         9                  Is there any other Senator wishing

        10       to be heard?

        11                  The debate is closed.  The

        12       Secretary will ring the bell.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 4.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT LITTLE:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT LITTLE:    The

        20       Secretary will announce the results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Calendar Number 1873 are

        23       Senators Andrews, Breslin, Connor, Diaz,

        24       Dilan, Duane, Hassell-Thompson, L. Krueger,

        25       C. Kruger, Montgomery, Parker, Paterson,



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         1       Sabini, Sampson, Savino, Schneiderman,

         2       A. Smith and Stavisky.

         3                  Ayes, 42.  Nays, 18.

         4                  ACTING PRESIDENT LITTLE:    The

         5       bill is passed.

         6                  The Secretary will read.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 1874, Senator Morahan moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 8954 and substitute it

        11       for the identical Senate Bill Number 5876,

        12       Third Reading Calendar 1874.

        13                  ACTING PRESIDENT LITTLE:

        14       Substitution ordered.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       1874, by the Assembly Committee on Rules,

        18       Assembly Print Number 8954, an act to amend

        19       the Mental Hygiene Law.

        20                  SENATOR MONTGOMERY:    Explanation.

        21                  ACTING PRESIDENT LITTLE:    Thank

        22       you.

        23                  Could we have quiet in the chamber,

        24       please.

        25                  Senator Morahan, for an



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         1       explanation.

         2                  SENATOR MORAHAN:    Thank you,

         3       Madam President.

         4                  This bill amends the Mental Hygiene

         5       Law in relationship to the assisted outpatient

         6       program.  It extends the existing program to

         7       June 30, 2010.

         8                  It also calls for the Commission of

         9       Mental Health to contract to an outside agency

        10       an evaluation and give quarterly reports on

        11       the progress of the study and have the study

        12       back one year prior to the expiration of this

        13       law.

        14                  ACTING PRESIDENT LITTLE:    Thank

        15       you, Senator.

        16                  SENATOR MONTGOMERY:    Madam

        17       President, Senator Duane would like to ask

        18       some questions.

        19                  SENATOR DUANE:    Thank you, Madam

        20       President.  If the sponsor would yield.

        21                  ACTING PRESIDENT LITTLE:    Thank

        22       you.

        23                  Senator Morahan, do you yield for a

        24       question?

        25                  SENATOR MORAHAN:    Yes, I do.



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         1                  ACTING PRESIDENT LITTLE:    Thank

         2       you.

         3                  The Senator yields.

         4                  If we could have it quiet, however,

         5       while they are debating the bill, please.

         6                  SENATOR DUANE:    Thank you, Madam

         7       President.

         8                  I just want to refer to, and I'm

         9       hoping the sponsor has the same version, page

        10       12 of the bill, line -- actually, if we can

        11       just go down to line 33.  I'm sorry, let me go

        12       back up further.

        13                  Line 26 says -- this is regarding

        14       the external evaluation report, which I think

        15       is actually a very good thing.  But it says --

        16                  SENATOR MORAHAN:    I can't hear

        17       him, Madam President.

        18                  ACTING PRESIDENT LITTLE:    We

        19       can't even hear the questions, so the sponsor

        20       cannot answer.

        21                  SENATOR DUANE:    It reads as

        22       follows:  External evaluation report -- which

        23       I think is a very good thing.  It refers to

        24       there will be an external evaluation report.

        25       But it says:  "The commissioner of mental



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         1       health, subject to appropriation therefor,

         2       shall contract with an external research

         3       organization."  And I'm wondering what that

         4       appropriation will be.

         5                  SENATOR MORAHAN:    There's been no

         6       estimate on what that appropriation would be.

         7       We do know that it would not be impacted by

         8       this year's fiscal calendar -- fiscal budget.

         9       The appropriation would probably be in the

        10       next budget.

        11                  ACTING PRESIDENT LITTLE:    Thank

        12       you.

        13                  SENATOR DUANE:    Through you,

        14       Madam President, if the sponsor would continue

        15       to yield.

        16                  ACTING PRESIDENT LITTLE:    Thank

        17       you.

        18                  Senator Morahan, do you continue to

        19       yield?

        20                  SENATOR MORAHAN:    Yes, I do.

        21                  ACTING PRESIDENT LITTLE:    The

        22       Senator yields.

        23                  SENATOR DUANE:    If you go down to

        24       line 33 on the same page, it says:

        25       "Availability of nonstate dollars to support



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         1       the project."

         2                  Does that mean that an agency that

         3       has substantial private or foundation or other

         4       government funding besides will be -- other

         5       than the government funding besides the

         6       state -- will have a better chance at getting

         7       the contract to do the evaluation and report?

         8                  SENATOR MORAHAN:    I don't know if

         9       they would get the contract.  But we're

        10       certainly open to other groups helping with

        11       the finances of the study, yes.

        12                  That's just to leave the door open

        13       so that we would get funding from other

        14       sources.

        15                  ACTING PRESIDENT LITTLE:    Thank

        16       you.

        17                  SENATOR DUANE:    And through you,

        18       Madam President, if the sponsor would continue

        19       to yield.

        20                  ACTING PRESIDENT LITTLE:    Senator

        21       Morahan, do you continue to yield?

        22                  SENATOR MORAHAN:    Yes, I do,

        23       Madam President.

        24                  ACTING PRESIDENT LITTLE:    Thank

        25       you.



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         1                  The Senator yields.

         2                  SENATOR DUANE:    If the

         3       appropriation for the study will be in next

         4       year's budget, when would the report be

         5       expected to be made available?

         6                  SENATOR MORAHAN:    The report

         7       would have to be finalized by 2009.

         8                  SENATOR DUANE:    Okay.  Thank you,

         9       Madam President.  On the bill.

        10                  ACTING PRESIDENT LITTLE:    Thank

        11       you.  On the bill.

        12                  SENATOR DUANE:    There are

        13       improvements to the bill which I commend the

        14       sponsor for making to this bill.

        15                  I am, however, still very concerned

        16       that the legislation, in addition to not

        17       having an appropriation for the study, doesn't

        18       have appropriations for the services which I

        19       think are the first line of defense against

        20       seeing the same kind of tragedy that befell

        21       Kendra.

        22                  And I also think that in the

        23       absence of our passing Timothy's Law, we're

        24       still going to have a giant gap in the

        25       provision of mental health services in our



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         1       state, mental health services that really

         2       would go a long way towards having a healthier

         3       New York State and avoiding tragedies like the

         4       tragedy that befell Kendra and, frankly, like

         5       the tragedy that befell Timothy.

         6                  And in the past, the last time, I

         7       did vote no on this bill.  However, this year,

         8       because of the improvements that have been

         9       made to the legislation, even though I think

        10       that more needs to be done, I'm going to be

        11       voting in the affirmative.

        12                  And I also want to again make the

        13       strongest possible pitch for additional

        14       funding for programs for those who are trying

        15       to recover from mental illness as well as for

        16       all New Yorkers who need to get the services

        17       and care they need if we did have parity for

        18       mental health in our state.

        19                  Thank you, Mr. President.

        20                  ACTING PRESIDENT MEIER:    Any

        21       other Senator wish to be heard on the bill?

        22                  Senator Young.

        23                  SENATOR YOUNG:    Thank you, Mr.

        24       President.  On the bill.

        25                  First, I want to thank my colleague



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         1       Senator Morahan for making sure that this bill

         2       passed.

         3                  This law is based on a constituent

         4       from my district, Kendra Webdale, who was

         5       tragically killed more than five years ago

         6       when she was pushed in front of a subway train

         7       in New York City by a mental health patient

         8       that was not taking his medication, nor was he

         9       receiving treatment for his mental illness.

        10                  And as a result, the Webdale

        11       family, led by Kendra's parents, Ralph and

        12       Pat, began a quest to change the laws in

        13       New York State so that mental health patients

        14       could get the services and the medicines that

        15       they need.

        16                  We put Kendra's Law into place

        17       about five years ago.  There was a sunset

        18       provision in it.  It's set to expire later

        19       this month, and it's important that we get

        20       this bill passed.

        21                  The Webdale family would like to

        22       see the law made permanent.  But there's a

        23       study that Senator Morahan has wisely

        24       associated with this bill that will give us

        25       more data so that we can work in the future



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         1       toward making the law permanent.

         2                  So again, I thank Senator Morahan

         3       for all of his assistance in this matter, and

         4       I vote yes.

         5                  Thank you.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Morahan.

         8                  SENATOR MORAHAN:    Yes, in

         9       response to Senator Duane's comment regarding

        10       appropriations for ongoing programs and

        11       existing programs, those appropriations are

        12       indeed in the current fiscal budget, so those

        13       programs go on.

        14                  If Senator Duane has some

        15       recommendations on enhancing any of the

        16       funding for any particular program, we

        17       certainly would take that under advisement.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT MEIER:    Any

        20       other Senator wish to be heard on the bill?

        21                  Debate is closed, then.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 11.  This

        24       act shall take effect June 30, 2005.

        25                  ACTING PRESIDENT MEIER:    Call the



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         1       roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT MEIER:    The bill

         5       is passed.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Mr. President,

         8       there will be an immediate meeting of the

         9       Rules Committee in the Majority Conference

        10       Room, and the Senate will stand at ease.

        11                  ACTING PRESIDENT MEIER:

        12       Immediate meeting of the Rules Committee in

        13       the Senate Majority Conference Room.

        14                  SENATOR LIBOUS:    Mr. President.

        15                  ACTING PRESIDENT MEIER:    Senator

        16       Libous.

        17                  SENATOR LIBOUS:    Are there any

        18       substitutions at the desk?

        19                  ACTING PRESIDENT MEIER:    Yes.

        20                  SENATOR LIBOUS:    Please make them

        21       at this time.

        22                  ACTING PRESIDENT MEIER:    The

        23       Secretary will read the substitutions.

        24                  THE SECRETARY:    On page 9,

        25       Senator LaValle moves to discharge, from the



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         1       Committee on Rules, Assembly Bill Number 5408

         2       and substitute it for the identical Senate

         3       Bill Number 1548, Third Reading Calendar 322.

         4                  On page 20, Senator Golden moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Bill Number 7395 and substitute it

         7       for the identical Senate Bill Number 4458,

         8       Third Reading Calendar 749.

         9                  On page 43, Senator Maziarz moves

        10       to discharge, from the Committee on Rules,

        11       Assembly Bill Number 8544A and substitute it

        12       for the identical Senate Bill Number 5658A,

        13       Third Reading Calendar 1698.

        14                  And on page 47, Senator Seward

        15       moves to discharge, from the Committee on

        16       Rules, Assembly Bill Number 7559B and

        17       substitute it for the identical Senate Bill

        18       Number 5888, Third Reading Calendar 1811.

        19                  ACTING PRESIDENT MEIER:

        20       Substitutions ordered.

        21                  Senator Libous.

        22                  SENATOR LIBOUS:    Mr. President,

        23       there will be an immediate meeting of the

        24       Rules Committee.

        25                  And as I said earlier, the Senate



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         1       will be at ease.

         2                  ACTING PRESIDENT MEIER:

         3       Immediate meeting of the Rules Committee.

         4                  The Senate will be at ease.

         5                  (Whereupon, the Senate stood at

         6       ease at 1:44 p.m.)

         7                  (Whereupon, the Senate reconvened

         8       at 2:00 p.m.)

         9                  ACTING PRESIDENT SEWARD:    Senator

        10       Skelos.

        11                  SENATOR SKELOS:    Mr. President,

        12       if we could return to reports of standing

        13       committees, I believe there's a report of the

        14       Rules Committee at the desk.  I ask that it be

        15       read at this time.

        16                  ACTING PRESIDENT SEWARD:    Reports

        17       of standing committees.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Senator Bruno,

        20       from the Committee on Rules, reports the

        21       following bills:

        22                  Senate Print 1557, by Senator

        23       LaValle, an act to amend the Tax Law;

        24                  1633, by Senator LaValle, an act to

        25       amend the Tax Law;



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         1                  3258, by Senator Breslin, an act to

         2       amend the Tax Law;

         3                  3304B, by Senator Winner, an act to

         4       amend the Education Law;

         5                  3428, by Senator Padavan, an act to

         6       amend the Civil Service Law;

         7                  3588, by Senator Alesi, an act to

         8       amend the Insurance Law;

         9                  3832A, by Senator Golden, an act to

        10       amend the Retirement and Social Security Law;

        11                  4129, by Senator Skelos, an act to

        12       amend the Navigation Law;

        13                  4252A, by Senator Hannon, an act to

        14       authorize;

        15                  4399A, by Senator Robach, an act to

        16       amend the Executive Law;

        17                  4560A, by Senator Maltese, an act

        18       to amend the Agriculture and Markets Law;

        19                  4580, by Senator Fuschillo, an act

        20       to amend the Banking Law;

        21                  4832, by Senator Padavan, an act to

        22       amend the Public Health Law;

        23                  4862A, by Senator Hannon, an act to

        24       amend the Public Health Law;

        25                  4885B, by Senator Libous, an act to



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         1       amend the Vehicle and Traffic Law;

         2                  4929A, by Senator Maziarz, an act

         3       to establish;

         4                  5377, by Senator Winner, an act to

         5       amend the Tax Law;

         6                  5437, by the Senate Committee on

         7       Rules, an act to amend the Retirement and

         8       Social Security Law;

         9                  5591A, by the Senate Committee on

        10       Rules, an act to amend the Tax Law;

        11                  5692A, by Senator Meier, an act

        12       authorizing;

        13                  5737, by Senator Morahan, an act to

        14       amend the Public Health Law;

        15                  5755, by Senator Spano, an act to

        16       amend the Tax Law;

        17                  5867, by Senator Maziarz, an act to

        18       amend a chapter of the Laws of 2005;

        19                  5877, by Senator Flanagan, an act

        20       to amend the Election Law;

        21                  5880, by the Senate Committee on

        22       Rules, an act to authorize;

        23                  5898, by the Senate Committee on

        24       Rules, an act to amend Chapter 738 of the Laws

        25       of 2004;



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         1                  5899, by the Senate Committee on

         2       Rules, an act to amend Chapter 405 of the Laws

         3       of 1999;

         4                  5900, by the Senate Committee on

         5       Rules, an act to amend the Education Law;

         6                  5901, by the Senate Committee on

         7       Rules, an act to amend the Education Law;

         8                  5908, by Senator Rath, an act to

         9       amend the Public Health Law;

        10                  And Senate Print 5909, by Senator

        11       Morahan, an act to amend the Mental Hygiene

        12       Law.

        13                  All bills ordered direct to third

        14       reading.

        15                  ACTING PRESIDENT SEWARD:    Senator

        16       Skelos.

        17                  SENATOR SKELOS:    Mr. President,

        18       move to accept the report of the Rules

        19       Committee.

        20                  ACTING PRESIDENT SEWARD:    All in

        21       favor of accepting the Rules report say aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT SEWARD:

        24       Opposed?

        25                  (No response.)



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         1                  ACTING PRESIDENT SEWARD:    The

         2       Rules report is accepted.

         3                  SENATOR SKELOS:    Mr. President,

         4       there will be an immediate conference of the

         5       Majority in the Majority Conference Room.

         6                  ACTING PRESIDENT SEWARD:    Senator

         7       Sabini.

         8                  SENATOR SABINI:    Mr. President,

         9       I'd like to announce to Senator Dilan and

        10       Senator Hassell-Thompson that there will be an

        11       immediate conference of the Minority in the

        12       Minority Conference Room.

        13                  ACTING PRESIDENT SEWARD:     there

        14       will be immediate conferences of both the

        15       Majority and the Minority.

        16                  SENATOR SKELOS:    And if the

        17       Senate would stand at ease.

        18                  ACTING PRESIDENT SEWARD:    The

        19       Senate will stand at ease.

        20                  (Whereupon, the Senate stood at

        21       ease at 2:04 p.m.)

        22                  (Whereupon, the Senate reconvened

        23       at 3:07 p.m.)

        24                  ACTING PRESIDENT LITTLE:    Senator

        25       Skelos.



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         1                  SENATOR SKELOS:    Madam President,

         2       if we could take up Supplemental Calendar B,

         3       noncontroversial.

         4                  ACTING PRESIDENT LITTLE:    Senator

         5       Skelos, could we do a motion first?

         6                  SENATOR SKELOS:    Yes.

         7                  ACTING PRESIDENT LITTLE:    Senator

         8       Fuschillo.

         9                  SENATOR FUSCHILLO:    Thank you,

        10       Madam President.

        11                  On behalf of Senator Johnson, I

        12       wish to call up Senate Print Number 5649A,

        13       recalled from the Assembly, which is now at

        14       the desk.

        15                  ACTING PRESIDENT LITTLE:    The

        16       Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       1869, by Senator Johnson, Senate Print 5649A,

        19       an act to amend the Environmental Conservation

        20       Law.

        21                  SENATOR FUSCHILLO:    I now move to

        22       reconsider the vote by which the bill was

        23       passed and ask that the bill be restored to

        24       the order of third reading.

        25                  ACTING PRESIDENT LITTLE:    The



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         1       Secretary will call the roll on

         2       reconsideration of the vote.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 60.

         5                  SENATOR FUSCHILLO:    Madam

         6       President, I now move to discharge, from the

         7       Committee on Rules, Assembly Print Number

         8       6454B and substitute it for the identical

         9       bill.

        10                  ACTING PRESIDENT LITTLE:    So

        11       ordered.

        12                  SENATOR FUSCHILLO:    The Senate

        13       bill, on first passage, was voted unanimously.

        14       I now move that the substituted Assembly bill

        15       have its third reading at this time.

        16                  ACTING PRESIDENT LITTLE:    The

        17       Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1869, substituted earlier by Member of the

        20       Assembly DiNapoli, Assembly Print Number

        21       6454B, an act to amend the Environmental

        22       Conservation Law.

        23                  ACTING PRESIDENT LITTLE:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT LITTLE:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT LITTLE:    The

         7       bill is passed.

         8                  Senator Skelos.

         9                  SENATOR SKELOS:    Madam President,

        10       if we could now go to the noncontroversial

        11       reading of Supplemental Calendar B.

        12                  ACTING PRESIDENT LITTLE:    The

        13       Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1864, by Senator LaValle, Senate Print 1557,

        16       an act to amend the Tax Law.

        17                  ACTING PRESIDENT LITTLE:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT LITTLE:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 59.  Nays,

        25       1.  Senator Duane recorded in the negative.



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         1                  ACTING PRESIDENT LITTLE:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1880, by Senator LaValle, Senate Print 1633,

         5       an act to amend the Tax Law.

         6                  ACTING PRESIDENT LITTLE:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect September 1.

        10                  ACTING PRESIDENT LITTLE:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 60.

        14                  ACTING PRESIDENT LITTLE:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 1881, Senator Breslin moves to

        18       discharge, from the Committee on

        19       Investigations and Government Operations,

        20       Assembly Bill Number 6370 and substitute it

        21       for the identical Senate Bill Number 3258,

        22       Third Reading Calendar 1881.

        23                  ACTING PRESIDENT LITTLE:

        24       Substitution ordered.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       1881, by Member of the Assembly Canestrari,

         3       Assembly Print Number 6370, an act to amend

         4       the Tax Law.

         5                  ACTING PRESIDENT LITTLE:    There

         6       is a local fiscal impact statement at the

         7       desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the 30th day.

        11                  ACTING PRESIDENT LITTLE:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 59.  Nays,

        15       1.  Senator Valesky recorded in the negative.

        16                  ACTING PRESIDENT LITTLE:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1882, by Senator Winner, Senate Print --

        20                  SENATOR SCHNEIDERMAN:    Lay it

        21       aside.

        22                  ACTING PRESIDENT LITTLE:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 1883, Senator Padavan moves to



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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 6943A and substitute it

         3       for the identical Senate Bill Number 3428,

         4       Third Reading Calendar 1883.

         5                  ACTING PRESIDENT LITTLE:

         6       Substitution ordered.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       1883, by Member of the Assembly Abbate,

        10       Assembly Print Number 6943A, an act to amend

        11       the Civil Service Law.

        12                  ACTING PRESIDENT LITTLE:    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 July 1, 2006.

        17                  ACTING PRESIDENT LITTLE:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT LITTLE:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1884, by Senator Alesi, Senate Print 3588, an

        25       act to amend the Insurance Law.



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         1                  ACTING PRESIDENT LITTLE:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT LITTLE:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  ACTING PRESIDENT LITTLE:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 1885, Senator Golden moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 7191A and substitute it

        15       for the identical Senate Bill Number 3832A,

        16       Third Reading Calendar 1885.

        17                  ACTING PRESIDENT LITTLE:

        18       Substitution ordered.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       1885, by Member of the Assembly Abbate,

        22       Assembly Print Number 7191A, an act to amend

        23       the Retirement and Social Security Law and the

        24       Administrative Code of the City of New York.

        25                  ACTING PRESIDENT LITTLE:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT LITTLE:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 60.

         8                  ACTING PRESIDENT LITTLE:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 1886, Senator Skelos moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 1477A and substitute it

        14       for the identical Senate Bill Number 4129,

        15       Third Reading Calendar 1886.

        16                  ACTING PRESIDENT LITTLE:

        17       Substitution ordered.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       1886, by Member of the Assembly Eddington,

        21       Assembly Print Number 1477A, an act to amend

        22       the Navigation Law.

        23                  ACTING PRESIDENT LITTLE:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the first of January.

         2                  ACTING PRESIDENT LITTLE:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT LITTLE:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1887, by Senator Hannon, Senate Print 4252A,

        10       an act to authorize Debbie Cleva to be

        11       reclassified.

        12                  ACTING PRESIDENT LITTLE:    There

        13       is a home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT LITTLE:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT LITTLE:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 1888, Senator Robach moves to

        25       discharge, from the Committee on Rules,



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         1       Assembly Bill Number 7192A and substitute it

         2       for the identical Senate Bill Number 4399A,

         3       Third Reading Calendar 1888.

         4                  ACTING PRESIDENT LITTLE:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       1888, by Member of the Assembly Abbate,

         9       Assembly Print Number 7192A, an act to amend

        10       the Executive Law.

        11                  ACTING PRESIDENT LITTLE:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT LITTLE:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT LITTLE:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 1889, Senator Maltese moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 7644A and substitute it

        25       for the identical Senate Bill Number 4560A,



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         1       Third Reading Calendar 1889.

         2                  ACTING PRESIDENT LITTLE:

         3       Substitution ordered.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       1889, by Member of the Assembly Grannis,

         7       Assembly Print Number 7644A, an act to amend

         8       the Agriculture and Markets Law.

         9                  ACTING PRESIDENT LITTLE:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 5.  This

        12       act shall take effect on the 60th day.

        13                  ACTING PRESIDENT LITTLE:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT LITTLE:    The

        18       bill is passed.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 1890, Senator Fuschillo moves

        21       to discharge, from the Committee on Rules,

        22       Assembly Bill Number 6808A and substitute it

        23       for the identical Senate Bill Number 4580,

        24       Third Reading Calendar 1890.

        25                  ACTING PRESIDENT LITTLE:



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         1       Substitution ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       1890, by Member of the Assembly Nolan,

         5       Assembly Print Number 6808A, an act to amend

         6       the Banking Law.

         7                  ACTING PRESIDENT LITTLE:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect on the 90th day.

        11                  ACTING PRESIDENT LITTLE:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT LITTLE:    Senator

        15       DeFrancisco, to explain his vote.

        16                  SENATOR DeFRANCISCO:    Is this

        17       1890, Calendar 1890?  Yes, I just want to

        18       explain my vote.

        19                  This bill calls for posting of a

        20       sign in various facilities that

        21       counterfeiting, forgery, is a crime and if you

        22       commit a crime, you're prosecuted.  I voted

        23       against a similar bill concerning security

        24       guards at airlines, that if you harass or

        25       don't cooperate, there should be a sign to say



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         1       that that's against the law.

         2                  I just think that this is getting

         3       to the point of not enough room for signs.  If

         4       we're going to have a sign for every law that

         5       is a law to notify people if they violate

         6       them, we're going to have problems with our

         7       environment.

         8                  So as a result, I'm going to vote

         9       no on this bill.

        10                  ACTING PRESIDENT LITTLE:    Senator

        11       DeFrancisco will be recorded in the negative.

        12                  Announce the results.

        13                  THE SECRETARY:    Those recorded in

        14       the negative on Calendar Number 1890 are

        15       Senators DeFrancisco and Meier.

        16                  Ayes, 58.  Nays, 2.

        17                  ACTING PRESIDENT LITTLE:    The

        18       bill is passed.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 1891, Senator Padavan moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 7398 and substitute it

        23       for the identical Senate Bill Number 4832,

        24       Third Reading Calendar 1891.

        25                  ACTING PRESIDENT LITTLE:



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         1       Substitution ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       1891, by Member of the Assembly Carrozza,

         5       Assembly Print Number 7398, an act to amend

         6       the Public Health Law.

         7                  ACTING PRESIDENT LITTLE:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT LITTLE:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT LITTLE:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 1892, Senator Hannon moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 6577 and substitute it

        21       for the identical Senate Bill Number 4862A,

        22       Third Reading Calendar 1892.

        23                  ACTING PRESIDENT LITTLE:

        24       Substitution ordered.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       1892, by Member of the Assembly Gottfried,

         3       Assembly Print Number 6577, an act to amend

         4       the Public Health Law.

         5                  ACTING PRESIDENT LITTLE:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT LITTLE:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT LITTLE:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1893, by Senator Libous, Senate Print 4885B,

        17       an act to amend the Vehicle and Traffic Law

        18       and others.

        19                  ACTING PRESIDENT LITTLE:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 7.  This

        22       act shall take effect on the first of

        23       November.

        24                  ACTING PRESIDENT LITTLE:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT LITTLE:    Senator

         3       Libous, to explain his vote.

         4                  SENATOR LIBOUS:    Thank you, Madam

         5       President, to explain my vote.

         6                  On May 20th, in the Southern Tier,

         7       of this year an unfortunate incident happened

         8       where three construction workers were killed.

         9       And it was the seventh major incident in

        10       New York State since January in a construction

        11       site.

        12                  We spent numerous hours working

        13       with the State Police, the Department of

        14       Transportation, local -- the statewide labor

        15       unions, contractors association, and have come

        16       up with a variety of alternatives in this bill

        17       that we believe will save lives and protect

        18       the workers that are working on our highways,

        19       roads and bridges.

        20                  And the three people that were

        21       killed on May 20th were no different than

        22       anybody else in this chamber.  They went to

        23       work and, because of the negligence of a

        24       couple of drivers who were speeding at a high

        25       rate of speed through the work zones, they



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         1       lost their lives on that day.

         2                  We believe that the pieces of --

         3       this piece of legislation has a number of

         4       factors in it:  at major construction sites,

         5       putting police with flashing lights, signage.

         6       And we believe that this will hopefully save

         7       lives in the future.

         8                  Madam President, I vote aye.

         9                  ACTING PRESIDENT LITTLE:    Senator

        10       Libous will be recorded in the affirmative.

        11                  The Secretary will announce the

        12       results.

        13                  THE SECRETARY:    Ayes, 59.  Nays,

        14       1.  Senator Montgomery recorded in the

        15       negative.

        16                  ACTING PRESIDENT LITTLE:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1894, by Senator Maziarz, Senate Print 4929A,

        20       an act establishing a safe patient handling

        21       demonstration program.

        22                  ACTING PRESIDENT LITTLE:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT LITTLE:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT LITTLE:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1895, by Senator Winner, Senate Print 5377, an

         9       act to amend the Tax Law.

        10                  ACTING PRESIDENT LITTLE:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT LITTLE:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 60.

        18                  ACTING PRESIDENT LITTLE:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 1896, Senator Bruno moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 8245 and substitute it

        24       for the identical Senate Bill Number 5437,

        25       Third Reading Calendar 1896.



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         1                  ACTING PRESIDENT LITTLE:

         2       Substitution ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       1896, by Member of the Assembly Abbate,

         6       Assembly Print Number 8245, an act to amend

         7       the Retirement and Social Security Law and the

         8       Administrative Code of the City of New York.

         9                  ACTING PRESIDENT LITTLE:    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 LITTLE:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 60.

        18                  ACTING PRESIDENT LITTLE:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1897, by the Senate Committee on Rules, Senate

        22       Print Number 5591A, an act to amend the Tax

        23       Law.

        24                  ACTING PRESIDENT LITTLE:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT LITTLE:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT LITTLE:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1898, by Senator Meier, Senate Print 5692A, an

        11       act authorizing the City of Utica.

        12                  ACTING PRESIDENT LITTLE:    There

        13       is a home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 8.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT LITTLE:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT LITTLE:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 1899, Senator Morahan moves to

        25       discharge, from the Committee on Rules,



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         1       Assembly Bill Number 6793A and substitute it

         2       for the identical Senate Bill Number 5737,

         3       Third Reading Calendar 1899.

         4                  ACTING PRESIDENT LITTLE:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       1899, by Member of the Assembly Weisenberg,

         9       Assembly Print Number 6793A, an act to amend

        10       the Public Health Law.

        11                  ACTING PRESIDENT LITTLE:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT LITTLE:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT LITTLE:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1900, by Senator Spano --

        23                  SENATOR LIZ KRUEGER:    Lay it

        24       aside.

        25                  ACTING PRESIDENT LITTLE:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       1901, by Senator Maziarz, Senate Print 5867,

         4       an act to amend a chapter of the Laws of 2005.

         5                  ACTING PRESIDENT LITTLE:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect on the same date and in

         9       the same manner as a chapter of the Laws of

        10       2005.

        11                  ACTING PRESIDENT LITTLE:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT LITTLE:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1902, by Senator Flanagan, Senate Print 5877,

        19       an act to amend the Election Law and the State

        20       Finance Law.

        21                  ACTING PRESIDENT LITTLE:    Read

        22       the last section.

        23                  SENATOR MONTGOMERY:    Lay it

        24       aside, please.

        25                  ACTING PRESIDENT LITTLE:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       1903, by the Senate Committee on Rules, Senate

         4       Print 5880, an act to reauthorize the

         5       resentencing of certain Class A-II felony

         6       controlled substance offenders.

         7                  SENATOR MONTGOMERY:    Lay it

         8       aside.

         9                  ACTING PRESIDENT LITTLE:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 1905, Senator Bruno moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 8467 and substitute it

        15       for the identical Senate Bill Number 5899,

        16       Third Reading Calendar 1905.

        17                  ACTING PRESIDENT LITTLE:

        18       Substitution ordered.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       1905, by Member of the Assembly Reilly,

        22       Assembly Print Number 8467, an act to amend

        23       Chapter 405 of the Laws of 1999.

        24                  ACTING PRESIDENT LITTLE:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT LITTLE:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT LITTLE:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 1907, Senator Bruno moves to

        11       discharge, from the Committee on Rules,

        12       Assembly Bill Number 2168A and substitute it

        13       for the identical Senate Bill Number 5901,

        14       Third Reading Calendar 1907.

        15                  ACTING PRESIDENT LITTLE:

        16       Substitution ordered.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1907 --

        20                  SENATOR OPPENHEIMER:    Lay it

        21       aside.

        22                  ACTING PRESIDENT LITTLE:    The

        23       bill is laid aside.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       1909, by Senator Morahan, Senate Print 5909,

         2       an act to amend the Mental Hygiene Law.

         3                  ACTING PRESIDENT LITTLE:    Senator

         4       Skelos.

         5                  SENATOR SKELOS:    Is there a

         6       message of necessity at the desk?

         7                  ACTING PRESIDENT LITTLE:    Yes,

         8       there is, Senator.

         9                  SENATOR SKELOS:    Move to accept.

        10                  ACTING PRESIDENT LITTLE:    All in

        11       favor of accepting the message say aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT LITTLE:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT LITTLE:    The

        17       message is accepted.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the same date and in

        21       the same manner as a chapter of the Laws of

        22       2005.

        23                  ACTING PRESIDENT LITTLE:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 60.

         2                  ACTING PRESIDENT LITTLE:    The

         3       bill is passed.

         4                  Senator Skelos, that completes the

         5       noncontroversial reading of Supplemental

         6       Calendar B.

         7                  SENATOR SKELOS:    Thank you, Madam

         8       President.  If we could now go to the

         9       controversial reading of Supplemental

        10       Calendar B.

        11                  ACTING PRESIDENT LITTLE:    The

        12       Secretary will ring the bell.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Madam President,

        15       Calendar Number 1900 was inadvertently laid

        16       aside.  If we could take it up at this time.

        17                  ACTING PRESIDENT LITTLE:    Could

        18       we have order, please.

        19                  Calendar 1900.  The Secretary will

        20       read.

        21                  THE SECRETARY:    Calendar Number

        22       1900, by Senator Spano, Senate Print 5755, an

        23       act to amend the Tax Law.

        24                  ACTING PRESIDENT LITTLE:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 8.  This

         2       act shall take effect September 1, 2005.

         3                  ACTING PRESIDENT LITTLE:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 58.  Nays,

         7       2.  Senators Balboni and Duane recorded in the

         8       negative.

         9                  ACTING PRESIDENT LITTLE:    The

        10       bill is passed.

        11                  Senator Skelos.

        12                  SENATOR SKELOS:    Madam President,

        13       if we could now go to the controversial

        14       reading of Supplemental Calendar B.

        15                  ACTING PRESIDENT LITTLE:    The

        16       Secretary will read controversial Supplemental

        17       Calendar B.

        18                  THE SECRETARY:    Calendar Number

        19       1882, by Senator Winner, Senate Print 3304B,

        20       an act to amend the Education Law.

        21                  SENATOR SCHNEIDERMAN:

        22       Explanation.

        23                  ACTING PRESIDENT LITTLE:    Thank

        24       you.

        25                  Senator Winner, for an explanation.



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         1                  SENATOR WINNER:    Thank you, Madam

         2       President.

         3                  This bill would permit certified

         4       dental assistants to perform any noninvasive

         5       reversible supportive procedure to a dentist

         6       in his or her performance of dental service.

         7                  ACTING PRESIDENT LITTLE:    Can we

         8       try to keep it quiet so the speaker can be

         9       heard.  Thank you.

        10                  Senator Winner.

        11                  SENATOR WINNER:    Thank you, Madam

        12       President.

        13                  Again, this would permit certified

        14       dental assistants to perform any noninvasive

        15       reversible supportive procedure to a dentist

        16       in his or her performance of dental services

        17       authorized under the Dental Practice Act and

        18       also as would be approved by the department.

        19                  ACTING PRESIDENT LITTLE:    Thank

        20       you, Senator.

        21                  Senator Krueger.

        22                  SENATOR LIZ KRUEGER:    Thank you.

        23       If the sponsor would please yield.

        24                  ACTING PRESIDENT LITTLE:    Thank

        25       you.



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         1                  Senator Winner, do you yield?

         2                  SENATOR WINNER:    Yes.

         3                  ACTING PRESIDENT LITTLE:    Thank

         4       you.

         5                  The Senator yields.

         6                  SENATOR LIZ KRUEGER:    Thank you.

         7                  When this bill came up in

         8       committee, there had been some concern about

         9       the scope of practice differences between

        10       dental hygienists and dental assistants and

        11       what could be approved or not approved just at

        12       the option of a dentist.

        13                  This is a B print.  How has it

        14       changed since our discussion in committee?

        15                  SENATOR WINNER:    Well, in

        16       accordance with your concern and the concerns

        17       of others on the committee, Senator, the bill

        18       was amended to require that the department

        19       approve any types of procedures that would be

        20       authorized under this bill, so that sole

        21       determination of what would be authorized

        22       would not be the dentist but would also have

        23       to be on an approved list of the Department of

        24       Education.

        25                  That would continue to create the



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         1       difference in scope of practice between the

         2       hygienist and the dental assistant, so that

         3       there would be no commingling of those types

         4       of functions and that the services that are

         5       being provided by a certified dental assistant

         6       would be only those for which he or she is

         7       qualified to perform under regulations as

         8       determined by -- not under regulations, but as

         9       approval of the department, as well as

        10       ensuring that those procedures are not

        11       irreversible or surgical in nature.

        12                  SENATOR LIZ KRUEGER:    Madam

        13       President, briefly on the bill.

        14                  ACTING PRESIDENT LITTLE:    Thank

        15       you.

        16                  Senator Krueger, on the bill.

        17                  SENATOR LIZ KRUEGER:    Thank you.

        18                  I want to thank the sponsor, not

        19       only for his explanation but for his going

        20       back reflecting the concerns that were raised

        21       in committee and changing his bill.  And I do

        22       support it.

        23                  Thank you.

        24                  ACTING PRESIDENT LITTLE:    Thank

        25       you.



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         1                  Is there any other Senator wishing

         2       to speak on the bill?

         3                  Senator Montgomery.

         4                  SENATOR MONTGOMERY:    Yes, Madam

         5       President, I'm not sure that I have the

         6       correct information, but I have the

         7       opposition, including the Dental Assistants

         8       Association, the State Dental Hygiene

         9       Educators, the Long Island Dental Hygienists

        10       Association, the Westchester Dental Hygienists

        11       and NYSUT --

        12                  ACTING PRESIDENT LITTLE:    Senator

        13       Montgomery, do you have a question or are you

        14       speaking on the bill?

        15                  SENATOR MONTGOMERY:    For the

        16       record, I want to note that there is

        17       considerable opposition to throwing out the

        18       regulations, the commissioners' regulations on

        19       the scope of practice of dental assistants.

        20                  ACTING PRESIDENT LITTLE:    One

        21       moment.

        22                  SENATOR MONTGOMERY:    These groups

        23       are still opposed to this legislation, Madam

        24       Chair, and I'm going to vote no as well.  I

        25       think it's a bad idea.



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         1                  Thank you.

         2                  ACTING PRESIDENT LITTLE:    Thank

         3       you.

         4                  Is there any other Senator wishing

         5       to speak on the bill?

         6                  The debate is closed.

         7                  The Secretary will ring the bell.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the 90th day.

        11                  ACTING PRESIDENT LITTLE:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT LITTLE:    Senator

        15       Schneiderman, to explain your vote.

        16                  SENATOR SCHNEIDERMAN:    Thank you,

        17       Madam President.

        18                  In addition to the concerns that

        19       Senator Montgomery raised, I would like to

        20       point out to my colleagues that this B print

        21       is strongly opposed by NYSUT, by the teachers.

        22       And one of the issues that they raise is the

        23       educational requirements of the profession of

        24       dental hygienists are not being addressed in

        25       this legislation.



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         1                  So while this will change the scope

         2       of practice, it doesn't address any of the

         3       educational issues.  And for that reason the

         4       teachers are opposed, and I will also be

         5       voting no.

         6                  Thank you, Madam President.

         7                  ACTING PRESIDENT LITTLE:    Thank

         8       you.

         9                  Senator Schneiderman will be

        10       recorded in the negative.

        11                  Senator Winner, to explain your

        12       vote.

        13                  SENATOR WINNER:    Briefly to

        14       explain my vote.

        15                  With regard to the organizations

        16       that have been listed as being in opposition

        17       to it, frankly, it's kind of bizarre to me

        18       that the dental assistants, who are benefited

        19       by this bill, would be against it.  But it

        20       should be noted that that organization

        21       consists of approximately 200 members, out of

        22       20,000 dental assistants in New York State.

        23       So therefore, it's pretty easy to start an

        24       association if you don't have any members.

        25                  But under those circumstances also,



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         1       with regard to NYSUT, NYSUT's objection with

         2       regard to the educational requirements are --

         3       should be distinguished due to the fact that

         4       the alternative pathway course that they're

         5       concerned about has really not been utilized

         6       by the dental assistants.  And therefore, with

         7       all due respect to that organization, which I

         8       do respect very strongly, there is -- has not

         9       been to date any difficulties with regard to

        10       the educational requirements for dental

        11       assistants to date.

        12                  And the requirements for

        13       certification would still have been updated in

        14       accordance with the department, and it has to

        15       be approved by the department in order to be

        16       certified as a dental assistant.

        17                  I vote aye, Madam President.

        18                  ACTING PRESIDENT LITTLE:    Thank

        19       you.

        20                  Senator Winner will be recorded in

        21       the affirmative.

        22                  The Secretary will announce the

        23       results.

        24                  THE SECRETARY:    Those recorded in

        25       the negative on Calendar Number 1882 are



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         1       Senators Alesi, Andrews, Brown, Connor, Dilan,

         2       Duane, Hassell-Thompson, C. Kruger,

         3       Marcellino, Montgomery, Oppenheimer, Parker,

         4       Paterson, Rath, Sabini, Savino, Schneiderman,

         5       Serrano, M. Smith, Stachowski, Stavisky and

         6       Valesky.  Also Senator A. Smith.

         7                  Ayes, 37.  Nays, 23.

         8                  ACTING PRESIDENT LITTLE:    The

         9       bill is passed.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       1902, by Senator Flanagan, Senate Print 5877,

        13       an act to amend the Election Law and the State

        14       Finance Law.

        15                  SENATOR SCHNEIDERMAN:

        16       Explanation.

        17                  ACTING PRESIDENT LITTLE:    Thank

        18       you.

        19                  Senator Flanagan, for an

        20       explanation.

        21                  SENATOR FLANAGAN:    Thank you,

        22       Madam President.

        23                  This is the last major HAVA bill

        24       that we're going to have.  We are going to

        25       have, before the end of the day, a bill



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         1       dealing with the governance of the State Board

         2       of Elections.  And in case anyone has any

         3       concern, that bill will be forthcoming and it

         4       will be passed by this house.

         5                  But in terms of issues affecting

         6       HAVA directly, this is the last bill in the

         7       package.  This is an agreed-upon bill with the

         8       Assembly.

         9                  And let me start by thanking

        10       Senator Dilan in particular for his help and

        11       support, being very gracious during the

        12       conference committee process, and my

        13       colleagues Senators Spano, Maltese and Maziarz

        14       for helping us through the conference

        15       committee process, and Assemblyman Wright and

        16       the members of the Assembly and the staff over

        17       there.

        18                  And internally, because this has

        19       taken several years, I would be remiss if I

        20       did not thank Mike Melkonian, from our

        21       counsel's office, for his countless hours

        22       working on this, Mike Avella, Ken Riddett, and

        23       John Conklin, from my own office, for their

        24       herculean efforts to help achieve compromise.

        25                  And, ladies and gentlemen, that's



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         1       what this bill is about.  It's about

         2       compromise.  There are things that we like,

         3       there are things that the Assembly likes, but

         4       ultimately we came to an agreement on how

         5       machines should be selected in the state of

         6       New York.  And this is part of a package that

         7       is the largest Election Law overhaul probably

         8       in the last 50 years.

         9                  There's $190 million in this bill

        10       for machine purchase.  We are providing

        11       guidance and asking the State Board of

        12       Elections to do a number of different things,

        13       including setup, rules and regulations, work

        14       with local county boards.

        15                  And this is a huge step forward in

        16       terms of modernizing our elections system, and

        17       to do a couple of things that somehow have

        18       again lost in the debate.  We're trying to

        19       protect the integrity of every person's vote,

        20       to prevent voter fraud.  If you look at the

        21       administrative complaint procedure, the

        22       statewide database, voter verification, voter

        23       ID, county takeover or county governance, and

        24       now the voting machine bill, this is a package

        25       that represents sweeping change.  And in many,



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         1       many respects it's all positive.

         2                  There are several things that I

         3       think are worthy of mention beyond the money,

         4       one of which is that there is a citizens'

         5       advisory committee comprised of 12 different

         6       members, at least four of whom have to be from

         7       disability rights organizations throughout the

         8       state.

         9                  We are allowing counties to

        10       purchase one system countywide.  Now, I know

        11       there will be some points made and perhaps

        12       some comments and questions:  Why don't we

        13       have a uniform system?  Why are we doing it

        14       this way?  As I suggested to you early on,

        15       this is about compromise.

        16                  And I think there's an element

        17       where we should allow the State Board of

        18       Elections and, frankly, the election

        19       commissioners all throughout the State of

        20       New York to put their imprint and have their

        21       imprimatur on this process, because they do it

        22       every day.  They're being lobbied, and I know

        23       this is all around, there's been so much

        24       lobbying on machines.  The people really being

        25       lobbied are at the county level.  So we've set



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         1       up a system where the state board will provide

         2       the overall framework, the overall guidelines,

         3       and work with our counties throughout the

         4       State of New York.

         5                  I do have in front of me a memo of

         6       support from the Election Commissioners

         7       Association of the State of New York on all of

         8       these bills, including the voting machine bill

         9       that we have before us.

        10                  This is something we need to do,

        11       and it's something we need to do now, because

        12       we have to provide ample time for our counties

        13       all across the state to be able to get into

        14       the HAVA process and be ready for the upcoming

        15       elections in 2006.

        16                  ACTING PRESIDENT LITTLE:    Thank

        17       you, Senator.

        18                  Senator Sabini.

        19                  SENATOR SABINI:    Thank you, Madam

        20       President.  May I ask the sponsor to yield for

        21       a question.

        22                  ACTING PRESIDENT LITTLE:    Thank

        23       you.

        24                  Senator Flanagan, do you yield?

        25                  SENATOR FLANAGAN:    Yes.



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         1                  ACTING PRESIDENT LITTLE:    The

         2       Senator yields.

         3                  SENATOR SABINI:    First of all,

         4       let me congratulate the sponsor and the

         5       conferees.

         6                  It's been a long process, and this

         7       is one that we -- this meets the standards of

         8       what we should be doing in making law.  And

         9       the work you've done, you deserve a lot of

        10       credit, and I congratulate you.  And last

        11       year -- you got done what we couldn't do last

        12       year when Senator Morahan and I and others

        13       tried to get this done.  Because there's a lot

        14       of different concerns here, and it's a tough

        15       job.

        16                  I have some what I feel like are

        17       real policy concerns that really haven't been

        18       addressed, and I just want to ask you to try

        19       and address them.

        20                  My understanding is -- and correct

        21       me if I'm wrong -- that in the New York City

        22       Board of Elections, comprising the five

        23       counties and the City of New York, that

        24       they're going to buy -- the order for the

        25       machines is so large that no manufacturer can



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         1       supply them that quickly.  Is that your

         2       understanding?

         3                  SENATOR FLANAGAN:    No.  No.

         4                  SENATOR SABINI:    Madam President,

         5       through you, will the sponsor yield?

         6                  SENATOR FLANAGAN:    Yes.

         7                  ACTING PRESIDENT LITTLE:    Thank

         8       you.

         9                  The Senator yields.

        10                  SENATOR SABINI:    Well, what is

        11       your understanding about how the machine

        12       purchase would go in the City of New York?

        13                  SENATOR FLANAGAN:    Well, the

        14       machine purchase in the City of New York would

        15       be like any other municipality or any other

        16       county throughout the state.

        17                  The fact that New York City has --

        18       happens to have the largest potential

        19       purchase, I'm not going to make the assumption

        20       and I don't think we should be making the

        21       assumption that they're not going to be able

        22       to meet that mandate.

        23                  They're going to work through the

        24       State Comptroller's office, they're going to

        25       work with the State Board of Elections, just



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         1       like Suffolk County, Nassau County, and every

         2       other county throughout the State of New York.

         3                  SENATOR SABINI:    Madam President,

         4       will the sponsor continue to yield.

         5                  ACTING PRESIDENT LITTLE:    Thank

         6       you.

         7                  Senator Flanagan, do you continue

         8       to yield?

         9                  SENATOR FLANAGAN:    Yes.

        10                  ACTING PRESIDENT LITTLE:    Thank

        11       you.

        12                  The Senator yields.

        13                  SENATOR SABINI:    So it is your

        14       assertion, then, that the City of New York

        15       would get all the machines in time for the

        16       next general election?  When is the sponsor's

        17       assertion that New York City will have their

        18       machines in?

        19                  SENATOR FLANAGAN:    Senator

        20       Sabini, I'm not asserting anything.  I'm not

        21       representing anything on behalf of the City of

        22       New York.  I don't view them any differently

        23       from any other county across this state.

        24                  The mandate that they have is to

        25       modernize their election systems.  We are now



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         1       providing a framework, we're providing money,

         2       and we're providing the rules and regulations.

         3       At some point quickly down the road, I hope,

         4       they will say here are the standards, here are

         5       the potential options that you have, this is

         6       how you would purchase, this is how the money

         7       is going to flow.

         8                  I have faith that the City of

         9       New York will comply with the components of

        10       this law and the components of HAVA just as

        11       every other county in the State of New York

        12       will.

        13                  SENATOR SABINI:    Madam President,

        14       if the sponsor would continue to yield.

        15                  ACTING PRESIDENT LITTLE:    Thank

        16       you.

        17                  Senator Flanagan, do you continue

        18       to yield?

        19                  SENATOR FLANAGAN:    Yes.

        20                  ACTING PRESIDENT LITTLE:    The

        21       Senator yields.

        22                  SENATOR SABINI:    Senator, the

        23       good-intention question is based on the fact

        24       that it's been my understanding that the city

        25       has been told that they couldn't reach -- no



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         1       manufacturer could fulfill the order in time

         2       under the HAVA deadline, and that the order

         3       would be placed ahead of time and that some

         4       machines would be delivered and that would be,

         5       in effect, compliance.  That is not your

         6       understanding?

         7                  SENATOR FLANAGAN:    Well, you may

         8       have information that I am not privy to.  But

         9       I don't know about any order being placed, I

        10       don't know about any order being discussed.

        11                  But I could take a logical

        12       extension of your argument, and for argument's

        13       sake I'll say the State Board of Elections

        14       comes out and they say:  This machine is

        15       acceptable.  And every county across the State

        16       of New York says:  You know what, I'm on

        17       board, we're going with that machine.  And

        18       now, instead of 20,000 machines for the City

        19       of New York, you need 50,000 across the state.

        20       Is that manufacturer going to say, I'm sorry,

        21       we're not going to be able to do it?

        22                  I think if those companies are out

        23       there, whether it's the City of New York or my

        24       own county or any other county, they're going

        25       to look and say, Hey, I got a great shot at



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         1       some serious money and some serious action

         2       here on voting machines.  I think they're

         3       going to get in the game, they're going to get

         4       engaged, they're going to come up with the

         5       machines they need to.

         6                  And I would be remiss if I

         7       suggested anything to the contrary, because

         8       nobody should labor under the illusion that

         9       there's some broad opportunity here -- ah, you

        10       know, we'll see if it works.  Everybody should

        11       be saying:  Here's the money, here are the

        12       rules, get in the game and get it done.

        13                  SENATOR SABINI:    Madam President,

        14       if the sponsor would continue to yield.

        15                  ACTING PRESIDENT LITTLE:    Thank

        16       you.

        17                  Senator Flanagan, do you continue

        18       to yield?

        19                  SENATOR FLANAGAN:    Yes.

        20                  ACTING PRESIDENT LITTLE:    The

        21       Senator yields.

        22                  SENATOR SABINI:    I appreciate the

        23       sponsor's reference to Larry the Cable Guy.

        24                  (Laughter.)

        25                  SENATOR SABINI:    If -- as you



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         1       know, New York, Kings and Bronx County are

         2       under the voting rights mandate that any

         3       action that a board of elections takes in

         4       those counties has to be precleared with the

         5       Justice Department.

         6                  My concern is that if we have some

         7       machines and not others, that the educational

         8       efforts that the Justice Department are going

         9       to require and that HAVA pays for, which is

        10       good, for public service announcements and

        11       advertising and information for both the

        12       voting population and the election officials,

        13       that that will be sort of a muddled message

        14       that the Justice Department will not accept.

        15                  In other words, that some people

        16       will be voting on one kind of a machine in

        17       parts of Manhattan and some people will be

        18       voting on another, and how does the voter know

        19       before they get there.

        20                  I'm concerned that -- you know, we

        21       had an election, for historical purposes, in

        22       1981 in New York City where the City Council

        23       elections were canceled the night before the

        24       election.  And people spent tens of thousands

        25       of dollars on their campaigns and the night



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         1       before the election were told:  Oh, by the

         2       way, we're going to have the election next

         3       year, because the Justice Department stopped

         4       us.

         5                  And I'm just worried that we're

         6       leaving ourselves open to a situation here

         7       where the Justice Department will tell us, You

         8       can't do this.  And then I wonder where we

         9       are.  I mean, have the conferees thought about

        10       the danger of that?

        11                  SENATOR FLANAGAN:    I would

        12       suggest to you that the conferees have

        13       discussed this issue.  I don't know that they

        14       would categorize it as a danger.

        15                  But I would certainly tell you that

        16       in my own limited experience in dealing with

        17       the State Board of Elections and the election

        18       commissioners and, indirectly, the Justice

        19       Department, they are on their game, they are

        20       engaged, and, at the same time, they have also

        21       been very diligent and very helpful in looking

        22       to clear issues as quickly as possible.

        23                  I think one of the benefits that we

        24       will have is that if there are legitimate

        25       identifiable issues, the Justice Department



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         1       will not come to us the night before an

         2       election.  They're going to be holding our

         3       hand and walking us and embracing us -- or

         4       perhaps knocking us around a little bit --

         5       throughout this process.

         6                  SENATOR SABINI:    Thank you, Madam

         7       President.

         8                  ACTING PRESIDENT LITTLE:    Thank

         9       you.

        10                  Senator Dilan.

        11                  SENATOR DILAN:    Thank you, Madam

        12       President.  On the bill.

        13                  ACTING PRESIDENT LITTLE:    Thank

        14       you.  On the bill.

        15                  SENATOR DILAN:    I rise to support

        16       this legislation today.

        17                  And I want to say that, first of

        18       all, I want to thank Senator Flanagan for all

        19       the work on this bill.  I want to thank all

        20       the staff that was involved and assisted me,

        21       especially Jim Long from our conference.

        22                  And I also want to indicate that

        23       the conference committees do work, and that's

        24       why that bill is here today.

        25                  This bill provides for choice to



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         1       the various counties in New York City in terms

         2       of determining which type of voting system

         3       they want.  And hopefully, to answer Senator

         4       Sabini's question in regard to New York City,

         5       this bill would provide a phase-in for

         6       New York City to comply with the HAVA act and

         7       hopefully be eligible for the entire amount of

         8       money for New York City.

         9                  That's something that New York City

        10       requested, where they indicate that they

        11       cannot have the machines in time for

        12       implementation for the 2006 election.  The

        13       executive directors of the Board of Elections

        14       and their counsel indicate that by the middle

        15       of 2006, they will have all machines in-house,

        16       but they're not authorized to purchase the

        17       machines until this bill passes the

        18       Legislature and is signed by the Governor.

        19                  Also, one of their major concerns

        20       in terms of not being able to comply with HAVA

        21       on time was the education of the inspectors

        22       and voters in terms of the new voting system.

        23       This bill also provides for handicapped and

        24       disabled individuals to vote on the same type

        25       of machines that we all vote on and would also



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         1       give them the privacy of the vote.

         2                  And for these reasons, I'm

         3       supporting the bill and ask that my colleagues

         4       support it.  Thank you.

         5                  ACTING PRESIDENT LITTLE:    Thank

         6       you, Senator.

         7                  Senator Liz Krueger.

         8                  SENATOR LIZ KRUEGER:    Thank you,

         9       Madam President.  On the bill.

        10                  ACTING PRESIDENT LITTLE:    On the

        11       bill.

        12                  SENATOR LIZ KRUEGER:    Thank you.

        13                  Well, I've listened to my

        14       colleagues, and I do agree this took a long

        15       time, there was a lot of good work put into

        16       this, and it was a compromise.

        17                  Unfortunately, I'm not comfortable

        18       with the compromise, and I don't think that

        19       passage of this bill is in the best interests

        20       of the future of voting in the State of

        21       New York.  I feel pretty strongly we should

        22       have gone with one standard for the state.

        23                  And Senator Sabini raised just some

        24       of the concerns that I have about what it

        25       might look like in the City of New York with



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         1       multiple machines multiple places, what

         2       happens when there are elections across county

         3       lines with counties who may be using different

         4       machines, which then of course translates into

         5       different Election Day standards, different

         6       standards for provisional balloting, different

         7       rules for how both workers need to be trained

         8       and voters need to be educated.

         9                  I think that we had a great

        10       opportunity to finally work out many of the

        11       problems we've had in the State of New York

        12       for decades, because certainly election

        13       problems are not new.  We are all familiar

        14       with them.  That we had an opportunity to come

        15       up with one system and one set of standards

        16       for the state to resolve so many of the

        17       problems we've already had.

        18                  And that this bill, while I accept

        19       that this is compromise over a very long

        20       period of time, will result in a new layer of

        21       new problems without resolving the old

        22       problems with multiple systems and different

        23       standards, and that we will be continuing to

        24       revisit these problems -- hopefully not with

        25       devastating election outcomes or inability to



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         1       track the outcomes of elections.

         2                  For the record, I think we should

         3       be going with one -- not just one standard,

         4       but optical scanning.

         5                  Also just to note, last night we

         6       talked about the importance of passing

         7       procurement lobbying reform, and we voted for

         8       it and we're all very happy about it.  Just

         9       for the record, that bill goes into effect

        10       January 2006.  The mass lobbying, county by

        11       county, commissioner of election by

        12       commissioner of election, has started already

        13       and probably will be done before our

        14       procurement lobbying law goes into effect.

        15                  So for those of us who are pleased

        16       we passed the bill -- and we are -- we should

        17       just note that the added problems of 57

        18       counties with 57 sets of election

        19       commissioners and local elected officials now

        20       being lobbied over which system to go with

        21       really won't be included under the law we

        22       passed.

        23                  So I'll be voting no, Madam

        24       President.  Thank you.

        25                  ACTING PRESIDENT LITTLE:    Thank



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         1       you.

         2                  Senator Schneiderman.

         3                  SENATOR SCHNEIDERMAN:    Thank you,

         4       Madam President.  On the bill very briefly.

         5                  ACTING PRESIDENT LITTLE:    On the

         6       bill.

         7                  SENATOR SCHNEIDERMAN:    I

         8       appreciate the hard work that has gone into

         9       this, not just by the people, the members on

        10       the committee and the staffs, but by the

        11       public interest and good government groups

        12       that have been working for a very long time to

        13       try and get the best possible resolution for

        14       New York State to the HAVA requirements.

        15                  I also feel compelled to vote no,

        16       though, because I feel that we have not come

        17       close to what we should have achieved here.

        18       And I would note, in particular, the

        19       objections of NYPIRG, the League of Women

        20       Voters, Demos, Common Cause, and Citizens

        21       Union, who identify, among other failings, the

        22       fact that we are issuing statewide standards

        23       and recommendations but we are going to

        24       produce what they call a hodgepodge system in

        25       which New Yorkers in one part of the state may



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         1       be voting under dramatically different

         2       circumstances than voters in other parts of

         3       the state.  That applies within districts.

         4                  And I think that, you know, it is

         5       unfortunate that I believe that the

         6       representatives of the other house were

         7       holding out for a statewide system so we would

         8       avoid that chaos, and that my colleagues on

         9       the other side of the aisle did not want to go

        10       along with that.

        11                  This also authorizes a type of

        12       machine that has, in other jurisdictions, had

        13       tremendous problems, direct recording

        14       electronics machines.

        15                  So we shouldn't be authorizing bad

        16       equipment, we shouldn't be forcing this down

        17       to the county level to produce a system in

        18       which within one district, one congressional

        19       district and one Senate district, we'll have

        20       different voting machines.  And that, I think,

        21       is a bad compromise.

        22                  I'm sorry that we again, this

        23       house, the majority in this house refused to

        24       reauthorize the conference committee while the

        25       majority in the other house was willing to do



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         1       so.  We could have done with more work by the

         2       conference committee.  I think a better deal

         3       was within our reach and we failed to reach

         4       it.  I respect the work that's been done, but

         5       we have to do better than this.

         6                  And I'm going to vote no.

         7                  Thank you, Madam President.

         8                  ACTING PRESIDENT LITTLE:    Thank

         9       you.

        10                  Senator Connor.

        11                  SENATOR CONNOR:    Thank you, Madam

        12       President.

        13                  In 1985 I served on the electronic

        14       voting machine commission, temporary state

        15       commission.  It was headed by, cochaired by

        16       the late great Senator Gene Levy and a young

        17       assemblyman, Sheldon Silver, and actually, I

        18       guess, Fabian Palamino from the governor.

        19                  And I guess the major

        20       accomplishment we did is we put into law that

        21       you couldn't use punchcard ballots, which

        22       everybody was trying to sell us at that time.

        23       We also put in testing standards and passed a

        24       lot of legislation dealing with certifying

        25       electronic voting machines.



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         1                  The one thing that I advanced in

         2       those commission meetings that never got

         3       anywhere was that the state should have a

         4       uniform voting machine and should pay for it,

         5       rather than having it as a mandate on towns or

         6       cities.  Interestingly enough, at the time,

         7       the then-governor wasn't interested.  He

         8       didn't like the fiscal impact.  So on the

         9       governor's side of that commission, they said,

        10       no, we're not going there.

        11                  But, Madam President, I have -- I

        12       looked forward to this HAVA process, hoping

        13       that we would end up with a statewide system

        14       of voting, with uniformity.  It's certainly

        15       comfortable.  I've certainly, in my other role

        16       as an attorney, done many, many recounts in

        17       various parts of the state and have done

        18       statewide as well election recounts.  And, you

        19       know, it's comforting to know that there isn't

        20       that much variable in the system.  Because

        21       whatever machine you use or whatever system

        22       you use, there's a slight error -- we hope a

        23       slight error factor.  Some systems have

        24       grossly large error factors, particularly

        25       those punchcard-ballot types, which were used



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         1       until a year ago in three counties in this

         2       state for absentees.  They were grandfathered

         3       in in the '85 legislation.

         4                  So I am disappointed to see us end

         5       up with this compromise, which will

         6       potentially result in great diversity among

         7       counties in terms of the voting machines they

         8       use, or the voting systems.

         9                  I'm also -- and it's too late to do

        10       anything about this.  You know, I see it being

        11       set up now where they say, oh, New York City

        12       won't be able to comply in time.  And

        13       sometimes it's said as if the city just can't

        14       get it together.  The fact of the matter is,

        15       of all of the voting machines -- and we've

        16       seen them all, they've all been in

        17       demonstrations and all -- every system, there

        18       is no manufacturer that can deliver 10,000

        19       machines to New York City by February 2006.

        20       They don't make them that fast.  They don't

        21       warehouse them.  They don't have them.  That's

        22       the reason why.

        23                  And I understand there's an attempt

        24       here to give New York City a break, to maybe

        25       it can be deemed by the federal government to



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         1       be in compliance and won't lose all that

         2       money.  But it's just a very, very difficult

         3       situation.  It's a huge, huge contract,

         4       10,000 machines, and it just can't be done in

         5       that time frame.

         6                  Unfortunately, this process in the

         7       Legislature has taken up a lot of time and has

         8       left it such that the city will never be able

         9       to acquire that many voting machines.  And

        10       this legislation recognizes that, of course,

        11       and tries to deal with it.  I'm not sanguine

        12       that it will be successful, the methodology

        13       here will be successful.

        14                  So that said, while I have

        15       disappointments, it was a process, it was a

        16       process that engaged the Legislature.  And

        17       many, many of us here in the Legislature

        18       watched and pitched in and contributed our

        19       thoughts and comments.

        20                  On balance, though, I really have

        21       to defer to the leadership of my conference.

        22       And therefore, I have to vote for this bill,

        23       because Senator Dilan is the leader of this

        24       conference on this issue.  He's done a great

        25       job working with Senator Flanagan.  And I am



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         1       therefore going to vote for this legislation

         2       because of the true leadership of my

         3       conference on this issue.

         4                  Thank you.

         5                  ACTING PRESIDENT LITTLE:    Thank

         6       you, Senator.

         7                  Is there any other Senator wishing

         8       to be heard?

         9                  Senator Diaz.

        10                  SENATOR DIAZ:    Thank you.

        11                  Thank you, Madam President.  I

        12       would just take this opportunity to thank

        13       Senator Dilan.  Because all the questions that

        14       have been asked here, they were asked in our

        15       conference, and Dilan answered all of them.

        16       And, you know, I just want to support Dilan

        17       and Flanagan.  But the question I -- this is

        18       the second time that I hear the same thing.

        19                  So thank you.

        20                  ACTING PRESIDENT LITTLE:    Thank

        21       you.

        22                  Any other Senator wishing to be

        23       heard?

        24                  Debate is closed.  The Secretary

        25       will ring the bell.



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         1                  The Secretary will read the last

         2       section.

         3                  THE SECRETARY:    Section 21.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT LITTLE:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT LITTLE:    Senator

         9       Flanagan, to explain his vote.

        10                  SENATOR FLANAGAN:    Thank you,

        11       Madam President.  Just a couple of brief

        12       comments; there were some concerns raised.

        13                  I think we need to remember two

        14       basic points.  People talk about a uniform

        15       system.  Ladies and gentlemen, we don't have a

        16       uniform system in the state of New York today.

        17       We have different voting machines across the

        18       state of New York.  So it's not like we're

        19       departing from any tradition that's been

        20       around for some time.

        21                  And also, again, in calling for the

        22       uniform standard, if you look at all the

        23       states across the country, there's maybe a

        24       handful, five or six, that have a uniform

        25       system.  Over 40 states have a system set up



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         1       just like we have here.

         2                  This is a -- it's a good bill.

         3                  And I will only add one final

         4       thing, just in case anyone is looking at our

         5       legislative intent.  The concerns that have

         6       been raised about New York City can really be

         7       raised anywhere.  Get into a small county, are

         8       they going to be ready, can they get it all

         9       done, even if it's a small purchase.

        10                  Everybody should operate on the

        11       assumption that there are no exceptions, that

        12       there is money there that we want to make sure

        13       we don't risk losing.  So to the election

        14       commissioners and any local legislative bodies

        15       who have an interest, don't waste any time.

        16       The time is now, the money is there.  And

        17       anyone who tries to deviate from that is only

        18       setting themselves up for problems.

        19                  Thank you.

        20                  ACTING PRESIDENT LITTLE:    Thank

        21       you.

        22                  Senator Flanagan will be recorded

        23       in the affirmative.

        24                  Senator Oppenheimer.

        25                  SENATOR OPPENHEIMER:    To explain



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         1       my vote, please, Madam President.

         2                  ACTING PRESIDENT LITTLE:    To

         3       explain your vote.

         4                  SENATOR OPPENHEIMER:    I think I

         5       echo pretty much what Senator Connor said, so

         6       I won't be repetitious.

         7                  It's just that I felt very strongly

         8       I wanted a single machine for our entire

         9       state.  I feel very strongly that I wanted it

        10       to be optical scan.  Though I tell you, I

        11       understand that the software on optical scan

        12       can also be rigged, so I'm not sure there's a

        13       machine being made now that I think is worthy.

        14                  But I'm going to support this,

        15       because we can't move ahead until we have

        16       supported this, and we can't buy the equipment

        17       we need.  So it just is logical that we have

        18       to support this even if it isn't ideal.  But

        19       you can't make the good the enemy of the

        20       better.

        21                  ACTING PRESIDENT LITTLE:    Thank

        22       you.

        23                  Senator Oppenheimer will be

        24       recorded in the affirmative.

        25                  The Secretary will announce the



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         1       results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 1902 are

         4       Senators Duane, Klein, L. Krueger, Montgomery,

         5       Paterson, Sabini, Schneiderman and Serrano.

         6                  Ayes, 52.  Nays, 8.

         7                  ACTING PRESIDENT LITTLE:    The

         8       bill is passed.

         9                  The Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       1903, by the Senate Committee on Rules, Senate

        12       Print Number 5880, an act to authorize the

        13       resentencing of certain Class A-II felony

        14       controlled substance offenders.

        15                  ACTING PRESIDENT LITTLE:    Senator

        16       Duane.

        17                  SENATOR DUANE:    Thank you, Madam

        18       President.

        19                  I think it's important to note that

        20       our conference, our leader, David Paterson,

        21       and I, along with Senator Montgomery, Senator

        22       Hassell-Thompson -- who else? -- Senator

        23       Parker, Senator Andrews, have been working on

        24       a task force having to do with reforming the

        25       Rockefeller Drug Laws.



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         1                  And while I know last January we

         2       did some resentencing and some work around

         3       good-behavior issues of those convicted under

         4       the Rockefeller Drug Laws, it really could

         5       only be called a minor sentencing reform.  The

         6       largest population of people incarcerated

         7       under the drug laws still were not going to be

         8       affected by the actions that we took last

         9       January.

        10                  Only those who were convicted of

        11       A-I felonies were eligible, for the most part,

        12       to have their sentences looked at again, with

        13       an eye towards having their sentences reduced

        14       and in many cases, we would hope, to be able

        15       to finally be released from prison.

        16                  The flaw with even the A-I

        17       drug-related felonies is that those who are

        18       incarcerated were not in any way provided with

        19       the resources to have their sentences looked

        20       at again.  And to this day, we are all

        21       struggling to find attorneys to take on these

        22       cases to have the cases looked at, because

        23       there are no Legal Aid or legal services

        24       resources to help those incarcerated under the

        25       A-I drug offenses to have their cases



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         1       revisited.

         2                  And even those few who are having

         3       their cases revisited are having different

         4       kinds of results, depending on what borough or

         5       what county their cases emanated from.  So,

         6       for instance, the Brooklyn district attorney

         7       is kind of moving them along.  The same is

         8       true in Westchester.  The same is true in

         9       Queens.  However, in Manhattan, none of these

        10       cases are moving forward.

        11                  And in fact, I know that there's a

        12       case going on -- I don't know the

        13       circumstances -- where the Manhattan DA is

        14       actually actively fighting one of these

        15       resentencings.

        16                  And really, what we did here was to

        17       say that -- or the intent was that the

        18       sentences for these A-I nonviolent felonies

        19       were too draconian and we acknowledged that

        20       those sentences should be reduced.

        21                  In addition, in that bill, on the

        22       issue of having, you know, participating in

        23       programs and having a good record should go

        24       towards a reduction in your sentences for

        25       other categories of felons, is really a



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         1       mirage, because all of those programs have

         2       waiting lists on them and there was no money

         3       to increase the number of those programs.  So

         4       no one can get into the programs so that they

         5       can get the good-time benefits and have their

         6       sentences be reduced.

         7                  So now, we have before us a bill

         8       that deals with the A-IIs.  I would have to

         9       say we're going to have the same problem.

        10       There are no attorneys out there who have the

        11       time or have -- you know, or are getting paid

        12       in any way privately or through government

        13       grants to help those who are unfairly

        14       incarcerated, which we admit that they were

        15       unfairly incarcerated under the Rockefeller

        16       Drug Laws.

        17                  Now, on top of all of that, we're

        18       still not touching the Bs.  The B felons still

        19       are not able to have their sentences reviewed

        20       except under the mirage of going through

        21       programs which have waiting lists so they

        22       can't even get into those programs to get the

        23       good records so they can have their sentences

        24       reduced.

        25                  Now, many of you know that we did



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         1       an exhaustive study with our conference and

         2       with the staff members of our conference where

         3       we reached out to DAs and judges and people

         4       across the country in every state.  And what

         5       our survey proved was that New York State is

         6       completely and totally, utterly out of the

         7       mainstream, that our laws are far beyond what

         8       any other jurisdiction has in this nation.

         9                  And we had DAs come before us and

        10       say, We would never need what you have.  What

        11       we have in our criminal justice system, the

        12       laws that we have on our books -- which are

        13       far less onerous than the laws that we have in

        14       New York State -- are plenty to prosecute drug

        15       offenders.

        16                  And so, still, nonviolent drug

        17       offenders, those who have already been

        18       convicted of B felonies, those who may be

        19       convicted of B felonies in the future --

        20       nonviolent B felonies -- are still going to

        21       have unconscionably long sentences.  Judges'

        22       hands will still be tied in terms of giving

        23       them a fair sentence.  They're still not going

        24       to be allowed to sentence people to drug

        25       treatment.



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         1                  And so, again, this tiny little

         2       incremental sentencing reform is -- is so

         3       minimal, so tiny compared to what we should be

         4       doing in this Legislature to really reform the

         5       Rockefeller Drug Laws.

         6                  We've had all year to keep working

         7       on it.  And yet this is the end result, just a

         8       little bit more with the A-II felons when we

         9       know what was wrong with what was done in

        10       December?  We still, for nonviolent drug

        11       offenders -- by the way, many of whom are

        12       women -- are still not going to be able to

        13       have their addiction or any of the crime, the

        14       nonviolent crime that may result from their

        15       conviction be dealt with as a mental health

        16       issue, as a way to deal with the addiction

        17       issue?  Still, judges are still only going to

        18       be able to look at what is happening with them

        19       as a criminal justice issue.

        20                  So, yes, a few more incarcerated

        21       men, almost all men, will be eligible to have

        22       their sentences reduced under this sentencing

        23       reform we're doing today.  But they have to

        24       get in line, because the A-Is still aren't

        25       having their cases looked at.



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         1                  So who's getting helped right now?

         2       Very few people.  Only those lucky enough to

         3       find lawyers willing to take their cases for

         4       free.  So the A-IIs are going to have to get

         5       in line behind the A-Is who aren't getting

         6       help.  People still not going to be able to

         7       get into programs, because the programs are

         8       filled in the prison system.  And those who

         9       have now already been in jail because they

        10       were convicted as B felons, and those who are

        11       going to be convicted under B felonies, are

        12       not going to get the treatment they need, are

        13       going to languish in jail.  And it's our

        14       fault.  Surely we can do better than this.

        15                  Thank you, Madam President.

        16                  ACTING PRESIDENT LITTLE:    Thank

        17       you.

        18                  Senator Montgomery.

        19                  SENATOR MONTGOMERY:    Yes, Madam

        20       President, I just want to reiterate what

        21       Senator Duane said in terms of the smallness

        22       of this move.

        23                  And I know that I was one of the

        24       people who voted no on the so-called reform

        25       bill, because I thought that it was such a



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         1       contradiction in what we were talking about.

         2       We still are not talking about treatment.

         3       We're not talking about judicial discretion.

         4       There is no indication that we're doing

         5       anything about reentry, issues around reentry.

         6       We're not talking about probation, expanded

         7       probation to address drug offenses, or any

         8       other alternative to incarceration.

         9                  So this is really very, very small.

        10       It's a small number of people who will be

        11       eligible under this.  We have -- even with the

        12       legislation that we passed last year, there

        13       are very, very few people who have to date

        14       been able to have their sentences redressed

        15       based on that.  So we're not doing very much.

        16       But it's inching along.

        17                  I must add that the big

        18       disappointment for me is that as we move these

        19       little inches along forward, we are taking

        20       giant steps backward in every other sense.  So

        21       in a sense we have not addressed criminal

        22       justice reform, really.

        23                  So, Madam President, I think I'm

        24       going to vote yes on this bill.  But it

        25       certainly defies my sense of any real -- what



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         1       we should be doing about any real criminal

         2       justice reform.

         3                  Thank you.

         4                  ACTING PRESIDENT LITTLE:    Thank

         5       you.

         6                  Senator Schneiderman.

         7                  SENATOR SCHNEIDERMAN:    Thank you,

         8       Madam President.  Briefly on the bill.

         9                  ACTING PRESIDENT LITTLE:    On the

        10       bill.

        11                  SENATOR SCHNEIDERMAN:    I want

        12       to -- I am also going to support this reform,

        13       incremental as it is, tiny as it is.

        14                  But I cannot emphasize enough one

        15       of the central points that was just made by

        16       Senator Duane and by Senator Montgomery.  We

        17       have provided no system to see that the people

        18       who are eligible for resentencing are

        19       receiving legal representation.

        20                  I have participated in meetings in

        21       New York City of pro bono coordinators at law

        22       firms or the leaders of the Legal Aid and the

        23       New York State Defenders.  Those agencies are

        24       taking on a burden without any increase -- in

        25       fact, with decreases in their funding, in many



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         1       cases -- that they shouldn't have to take on.

         2                  We are setting ourselves up for

         3       failure when you say we're going to make a few

         4       people eligible for resentencing but you're

         5       not going to have any reentry counseling,

         6       you're not going to have access to a lawyer.

         7       You're taking people who have been in prison

         8       for a long time and essentially leaving them

         9       to their own devices.

        10                  So the system by which we are

        11       seeking to reform the Rockefeller Drug Laws is

        12       flawed in two respects.  One, it's proceeding

        13       too slowly, in very small increments.  And,

        14       second, it will not succeed at all if we don't

        15       address the issue of legal counsel and reentry

        16       programs for the people we are making

        17       eligible.

        18                  I am going to support this bill,

        19       Madam President, but next year I hope we will

        20       address the broader issues involved.

        21                  Thank you.

        22                  ACTING PRESIDENT LITTLE:    Thank

        23       you.

        24                  Is there any other Senator who

        25       wishes to be heard on the bill?



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         1                  The debate is closed.  The

         2       Secretary will ring the bell.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the 60th day.

         6                  ACTING PRESIDENT LITTLE:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT LITTLE:    Excuse

        10       me.  Could we have quiet in the chamber,

        11       please, while we have members who wish to

        12       explain their vote.

        13                  Senator DeFrancisco, to explain his

        14       vote.

        15                  SENATOR DeFRANCISCO:    Yes, I'm

        16       voting yes on this bill.

        17                  And having been on the conference

        18       committee, the joint conference committee on

        19       reform of the Rockefeller Drug Laws, I think

        20       this is the next logical step.

        21                  No one is going to be let out of

        22       jail without a full hearing and without proof

        23       that this is the right thing to do.  And it

        24       corrects some of the inflexible sentencing

        25       that we've been having for years under the



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         1       original Rockefeller Drug Laws.

         2                  So it's the right thing to do.  And

         3       having put in the first Rockefeller drug

         4       reform bill in the Senate, I think we're

         5       moving in the right direction.  And hopefully

         6       we'll continue with flexible sentencing on

         7       other charges as well so courts can be in a

         8       position to impose a sentence that fits the

         9       particular individual.

        10                  ACTING PRESIDENT LITTLE:    Thank

        11       you.

        12                  Senator DeFrancisco will be

        13       recorded in the affirmative.

        14                  Senator Duane, to explain his vote.

        15                  SENATOR DUANE:    Thank you, Madam

        16       President.

        17                  I'm voting in the negative, as I

        18       believe I indicated in my remarks.  But I have

        19       to say that I was a participant in the

        20       conference committee meetings, and I must have

        21       missed the meetings where we agreed to this

        22       particular part of the sentencing reform.

        23                  So I hope that I'm kept posted when

        24       these decisions are being made in the

        25       future -- unless perhaps the conference



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         1       committee actually didn't meet about this.

         2                  Thank you, Madam President.

         3                  ACTING PRESIDENT LITTLE:    Senator

         4       Duane will be recorded in the negative.

         5                  The Secretary will announce the

         6       results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 1903 are

         9       Senators Andrews, Duane, Hassell-Thompson,

        10       C. Kruger, Maltese, Marcellino, Meier,

        11       Montgomery, Parker, Winner, Wright and Young.

        12       Also Senator Padavan.  Also Senator Connor.

        13                  Ayes, 46.  Nays, 14.

        14                  ACTING PRESIDENT LITTLE:    The

        15       bill is passed.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       1907, substituted earlier today by Member of

        19       the Assembly Sanders, Assembly Print Number

        20       2168A, an act to amend the Education Law.

        21                  SENATOR OPPENHEIMER:

        22       Explanation.

        23                  ACTING PRESIDENT LITTLE:    Senator

        24       Saland for an explanation, please.

        25                  SENATOR SALAND:    Thank you, Madam



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         1       President.

         2                  Madam President, this is a bill

         3       which deals with the use of federal funds for

         4       preschool funding for children with

         5       disabilities.  Under existing law, what we

         6       have been doing is distributing those monies

         7       to providers based on a per-student basis.

         8                  What this proposes to do is to

         9       change that distribution.  What it does is it

        10       will provide those funds now based on a

        11       prorated basis, starting in the 2007-2008

        12       school year, it will be driven by the types of

        13       services --

        14                  ACTING PRESIDENT LITTLE:    Thank

        15       you, Senator Saland.  Go ahead.

        16                  SENATOR SALAND:    It will be

        17       driven by services and not merely students.

        18                  So that if, for example, somebody

        19       is providing, as part of the IEP for these

        20       preschool students with disabilities, speech

        21       therapy, under the existing law, they will be

        22       paid on a per-capita basis, whereas somebody

        23       may be providing multiple services and will

        24       get the same amount of money.

        25                  It's an effort to try and be a bit



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         1       more equitable so this pro-rata basis will

         2       recognize that.

         3                  There are two municipalities, or

         4       two counties, Westchester and Suffolk, which

         5       effectively will continue to be funded as they

         6       have previously.  They are treated differently

         7       than everybody else.  And that's in large part

         8       because, in addition to the services they're

         9       providing, they're also providing educational

        10       programming.

        11                  ACTING PRESIDENT LITTLE:    Thank

        12       you.

        13                  Senator Oppenheimer.

        14                  SENATOR OPPENHEIMER:    Thank you

        15       for the explanation, Senator Saland.

        16                  If I could ask some questions of

        17       the Senator.

        18                  ACTING PRESIDENT LITTLE:    Thank

        19       you.

        20                  Senator Saland, do you yield?

        21                  SENATOR SALAND:    Yes, Madam

        22       President.

        23                  ACTING PRESIDENT LITTLE:    Thank

        24       you.

        25                  The Senator yields.



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         1                  SENATOR OPPENHEIMER:    Thank you

         2       for yielding.

         3                  Are you aware, Senator Saland, that

         4       there are currently hundreds of children with

         5       disabilities in Nassau and in Suffolk and

         6       New York City that are waiting for services

         7       because there are no providers available?

         8                  And I have an actual waiting list

         9       from the New York City Department of Education

        10       with like 350 names that are waiting for

        11       services now in April of '05.

        12                  SENATOR SALAND:    Well, I'm not

        13       aware of the exact number.  But certainly I

        14       would think that the use of pro-rata funding,

        15       as distinguished from per-capita funding, is

        16       going to free up additional dollars to provide

        17       for more students.

        18                  SENATOR OPPENHEIMER:    Actually --

        19       if the Senator would continue to yield.

        20                  ACTING PRESIDENT LITTLE:    Thank

        21       you.

        22                  Senator Saland, do you continue to

        23       yield for a question?

        24                  SENATOR SALAND:    Yes, Madam

        25       President.



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         1                  ACTING PRESIDENT LITTLE:    Thank

         2       you.

         3                  The Senator yields.

         4                  SENATOR OPPENHEIMER:    Are you

         5       aware that the providers that provide these

         6       services in the home of the child, that they

         7       have said they cannot continue to provide

         8       these services unless the allocation for them

         9       is increased?

        10                  They figure maybe a quarter -- a

        11       third of the money they now receive by

        12       providing in home services will be reduced.

        13       And right now the rates are so low that many

        14       of them are moving away from this service, and

        15       that's prior to the one-third reduction.

        16       So --

        17                  SENATOR SALAND:    Madam President,

        18       could I just have a little quiet here, please.

        19       I'm having difficulty hearing Senator

        20       Oppenheimer.

        21                  ACTING PRESIDENT LITTLE:    Thank

        22       you.  It's difficult to hear the speakers who

        23       are addressing the bill.  Could we have it

        24       quieter in the chamber, please.

        25                  SENATOR OPPENHEIMER:    Thank you,



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         1       Madam President.

         2                  The issue is that for those who are

         3       not providing the services in a center, those

         4       who are not -- you know, not the center-based,

         5       but those that services that are being

         6       provided in-home, the fees that they are paid

         7       are very, very low.  And for the most part,

         8       the in-home service providers are saying they

         9       cannot continue if their reimbursement is

        10       one-third reduced.

        11                  SENATOR SALAND:    My understanding

        12       is that this is supplemental funding in

        13       addition to the funding that they may be

        14       receiving through SED.

        15                  And again, the effort here is to

        16       try and recognize that the per-capita system

        17       is a system that says if you provide one

        18       service to one preschool disabled student,

        19       you're going to get the same amount of funding

        20       as the entity, whether it be in the home or in

        21       a more structured environment, that provides

        22       two, three or four of those services.

        23                  So the sense was to try and

        24       establish equity.  And in the process, instead

        25       of paying everybody uniformly the same amount,



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         1       it would hopefully free up some founds that

         2       could be used for additional programming.

         3                  SENATOR OPPENHEIMER:    If the

         4       Senator would continue to yield.

         5                  ACTING PRESIDENT LITTLE:    Thank

         6       you.

         7                  Senator Saland, do you continue to

         8       yield?

         9                  SENATOR SALAND:    Yes, Madam

        10       President.

        11                  ACTING PRESIDENT LITTLE:    Thank

        12       you.

        13                  The Senator yields.

        14                  SENATOR OPPENHEIMER:    The

        15       center-based services are provided funding

        16       from more than one source.  The people that go

        17       into the home, those providers have this

        18       single source.  And that source is not paying

        19       them enough now to continue.  The center-based

        20       are already filled.  So if the providers that

        21       are doing in-home say that they won't

        22       continue, what are we going to do with these

        23       disabled children?

        24                  SENATOR SALAND:    These funds that

        25       we're addressing here are a pot that's finite.



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         1       They're federal funds that are passed through

         2       to us.  We may alter the manner in which

         3       they're distributed, and are attempting to do

         4       that here, in part to provide greater equity

         5       and more services.

         6                  What SED does with the base rates

         7       for centers is a function entirely separate

         8       and apart from what this bill deals with.

         9       This bill, incidentally, passed, I believe,

        10       148 to nothing earlier in the Assembly.

        11                  SENATOR OPPENHEIMER:    And if the

        12       Senator will yield for one last question.

        13                  SENATOR SALAND:    Yes, Madam

        14       President.

        15                  ACTING PRESIDENT LITTLE:    Thank

        16       you.

        17                  The Senator yields.

        18                  SENATOR OPPENHEIMER:    The ADA

        19       says that children and people with

        20       disabilities should be in their least

        21       restrictive environment.  Many parents feel

        22       that their services -- perhaps their child

        23       needs two hours of speech intervention twice a

        24       week.  Maybe the whole panoply of services

        25       offered in the center are not what the child



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         1       needs.  Maybe the least restrictive is the

         2       in-home services.

         3                  Would this be able to continue if

         4       we hear from those providers that they're not

         5       going to do it?

         6                  SENATOR SALAND:    I'm sorry, I

         7       heard you as far as "would this be permitted

         8       to continue."

         9                  SENATOR OPPENHEIMER:    Well, the

        10       fact is we feel that in Nassau and Suffolk and

        11       New York City the in-home providers are saying

        12       they will not continue.  And I wonder how we

        13       can assist them if we are not giving them the

        14       funds that they need.

        15                  SENATOR SALAND:    To the extent

        16       that that is an issue of concern, as well it

        17       should be, this bill, simply because of the

        18       limits with which we're dealing,

        19       passed-through federal dollars, will not get

        20       to the kind of resolution that you're looking

        21       at.  To the extent that there are -- there's a

        22       need for more funding, and that's certainly a

        23       policy issue that's to be determined in this

        24       house, the other house and with the Governor

        25       and the Ed Department, that would be an issue



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         1       to be resolved with the Ed department.

         2                  But this pot is finite.  Again, we

         3       don't control the amount of money.  What we're

         4       attempting to do is reconfigure the

         5       distribution of the money to be more

         6       equitable.

         7                  SENATOR OPPENHEIMER:    Thank you,

         8       Senator Saland.

         9                  On the bill, please.

        10                  ACTING PRESIDENT LITTLE:    Thank

        11       you.

        12                  Senator Oppenheimer, on the bill.

        13                  SENATOR OPPENHEIMER:    For some

        14       reason the early intervention services in

        15       Nassau and Suffolk are paid at a deplorably

        16       low rate.  And I think that is why we are

        17       seeing so many of the providers saying if

        18       there's another cut, we're out of here.

        19                  So I'll be voting no on this,

        20       because I think it will reduce the number of

        21       services that are available for our children

        22       who are most in need.  And the center-based

        23       don't seem to have any additional slots, so I

        24       don't know what will happen with these

        25       children that will be deprived of those



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         1       services.  These are our most vulnerable

         2       children.

         3                  Thank you, Madam President.

         4                  ACTING PRESIDENT LITTLE:    Thank

         5       you.

         6                  Senator Stavisky.

         7                  SENATOR STAVISKY:    Thank you,

         8       Madam President.

         9                  I was going to raise that issue

        10       also with the sponsor, that we seem to be

        11       moving away from the mandate of putting a

        12       child in the least restrictive environment and

        13       really violating the spirit of the Individuals

        14       with Disabilities Act.  And I find that

        15       troubling.

        16                  I know that this is a pass-through

        17       agency, and the number of dollars is limited,

        18       it is finite.  However, when we shift away

        19       from the least restrictive environment into an

        20       organized school type or facility type of

        21       setting, the number of choices are also

        22       reduced.

        23                  There has really been, as far as

        24       I'm concerned, a lack of research.  And in

        25       fact, one of the memoranda from the New York



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         1       State Association of Counties points out the

         2       fact that we ought to take a look at the

         3       research and determine how the allocations

         4       should be appropriated.

         5                  I am very concerned about the fact

         6       that there are 350 or so children from

         7       New York City on that waiting list.

         8       Approximately a little over 80 children are

         9       from Queens County, which I represent.  And

        10       they're not receiving the services.  And

        11       they're going to continue on the waiting list

        12       if this legislation is enacted.

        13                  We're shifting our funding from the

        14       lowest-cost providers to the most expensive.

        15       And when the number of dollars is limited, I

        16       think that's a foolish move.

        17                  I will vote no on this legislation.

        18       And I hope that a study can be conducted to

        19       determine how these federal dollars can best

        20       be allocated.  And until such time as that is

        21       concluded, I will vote in the negative.

        22                  ACTING PRESIDENT LITTLE:    Thank

        23       you, Senator.

        24                  Senator Schneiderman.

        25                  SENATOR SCHNEIDERMAN:    Thank you,



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         1       Madam President.  On the bill.

         2                  ACTING PRESIDENT LITTLE:    On the

         3       bill.

         4                  SENATOR SCHNEIDERMAN:    I

         5       appreciate the problem that this legislation

         6       attempts to address.  We are essentially in a

         7       position where we're being forced to rob Peter

         8       to pay Paul or Steve to pay Susie or something

         9       like that.

        10                  Unfortunately, I think that this

        11       particular solution moves us away from a

        12       treatment model that I think is very

        13       important, both in terms of the delivery of

        14       services and, frankly, in terms of financial

        15       efficiency.

        16                  The least restrictive environment

        17       is something that is tremendously important.

        18       The number of students who can get services in

        19       a natural environment there's no question will

        20       be reduced by this particular approach.

        21                  We should be expanding those types

        22       of choices, expanding the choices.  And this

        23       is a part of a much broader movement in

        24       healthcare, healthcare for seniors.  Let's use

        25       the least restrictive environment.  Let's



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         1       finance the least restrictive environment

         2       whenever possible.  Let's not force people

         3       into programs they don't need to be in and

         4       that cost more money.

         5                  And quite simply, that's why I'm

         6       going to be voting in the negative on this

         7       bill.  I think this moves us in the wrong

         8       direction, and it could reduce payments to

         9       providers of those services by as much as

        10       20 percent, according to our analysis.  And I

        11       just think that that -- there has to be a

        12       better way.

        13                  I know this is not a situation of

        14       our own choosing, but we have to take care of

        15       the providers who are offering services that

        16       are the best services and the least expensive

        17       services for thousands of our children.  We

        18       shouldn't be hurting them, and this

        19       legislation would.

        20                  So with all respect for the intent,

        21       I'm going to be voting no.

        22                  Thank you, Madam President.

        23                  ACTING PRESIDENT LITTLE:    Thank

        24       you.

        25                  Are there any other Senators



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         1       wishing to be heard?

         2                  Thank you.  The debate is closed.

         3                  The Secretary will ring the bell.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect July 1, 2005.

         7                  ACTING PRESIDENT LITTLE:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT LITTLE:    Senator

        11       Saland, to explain his vote.

        12                  SENATOR SALAND:    Yes, to explain

        13       my vote.

        14                  During the course of the exchange,

        15       I mentioned that this pro rata -- I'm sorry,

        16       this proration would begin, I believe I said,

        17       in 2007-2008.  It begins in 2006-2007,

        18       two-thirds '06-'07, one-third '07-'08.  And I

        19       wanted to correct the record.

        20                  And I'll still vote in the

        21       affirmative.

        22                  ACTING PRESIDENT LITTLE:    Thank

        23       you.

        24                  Senator Saland will be recorded in

        25       the affirmative.



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         1                  The Secretary will announce the

         2       results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 1907 are

         5       Senators Breslin, Connor, Duane, Hannon,

         6       L. Krueger, Marcellino, Sabini, Schneiderman,

         7       A. Smith and Stavisky.  Also Senator Morahan.

         8       Also Senator Oppenheimer.

         9                  Ayes, 48.  Nays, 12.

        10                  ACTING PRESIDENT LITTLE:    The

        11       bill is passed.

        12                  Senator Skelos.

        13                  SENATOR SKELOS:    Thank you, Madam

        14       President.  If we could now go to the

        15       supplemental active list, beginning with

        16       Calendar Number 4 -- oh, you have a motion?

        17                  ACTING PRESIDENT LITTLE:    Senator

        18       Skelos, could we do some motions?

        19                  SENATOR SKELOS:    Please do the

        20       motions.

        21                  ACTING PRESIDENT LITTLE:    Senator

        22       Robach.

        23                  SENATOR ROBACH:    I wish to call

        24       up my bill, Print Number 3894, recalled from

        25       the Assembly, which is now at the desk.



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         1                  ACTING PRESIDENT LITTLE:    The

         2       Secretary will read.

         3                  SENATOR ROBACH:    Madam President,

         4       I now move to reconsider the vote -- hey,

         5       don't slow me down.

         6                  (Laughter.)

         7                  ACTING PRESIDENT LITTLE:    The

         8       Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       551, by Senator Robach, Senate Print 3894, an

        11       act to amend the Retirement and Social

        12       Security Law.

        13                  ACTING PRESIDENT LITTLE:    Senator

        14       Robach.

        15                  SENATOR ROBACH:    Madam President,

        16       I now move to reconsider the vote by which the

        17       bill was passed.

        18                  ACTING PRESIDENT LITTLE:    Call

        19       the roll on reconsideration of the vote.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 60.

        22                  ACTING PRESIDENT LITTLE:    Senator

        23       Robach.

        24                  SENATOR ROBACH:    That's all I

        25       have.



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         1                  ACTING PRESIDENT LITTLE:    The

         2       Secretary will read the substitutions.

         3                  THE SECRETARY:    On page 26,

         4       Senator Volker moves to discharge, from the

         5       Committee on Rules, Assembly Bill Number 4745C

         6       and substitute it for the identical Senate

         7       Bill Number 4625B, Third Reading Calendar 901.

         8                  And on page 29, Senator Hannon

         9       moves to discharge, from the Committee on

        10       Rules, Assembly Bill Number 7769 and

        11       substitute it for the identical Senate Bill

        12       Number 4789, Third Reading Calendar 985.

        13                  ACTING PRESIDENT LITTLE:

        14       Substitutions ordered.

        15                  Senator Skelos.

        16                  SENATOR SKELOS:    If we could go

        17       to the supplemental active list, beginning

        18       with Calendar Number 473.

        19                  ACTING PRESIDENT LITTLE:    The

        20       Secretary will read the supplemental active

        21       list.

        22                  THE SECRETARY:    Calendar Number

        23       473, by Senator LaValle, Senate Print 3658A,

        24       an act to amend the Environmental Conservation

        25       Law and the Public Lands Law.



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         1                  ACTING PRESIDENT LITTLE:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect on the 60th day.

         5                  ACTING PRESIDENT LITTLE:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  ACTING PRESIDENT LITTLE:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       589, by Senator Maltese, Senate Print 4173A,

        13       an act to amend the Administrative Code of the

        14       City of New York.

        15                  ACTING PRESIDENT LITTLE:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 14.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT LITTLE:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT LITTLE:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       691, by Member of the Assembly Paulin,

         2       Assembly Print Number 1011A, an act to amend

         3       the Agriculture and Markets Law.

         4                  ACTING PRESIDENT LITTLE:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the first of

         8       November.

         9                  ACTING PRESIDENT LITTLE:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT LITTLE:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       726, by Member of the Assembly Bradley,

        17       Assembly Print Number 6723A, an act to amend

        18       the Penal Law.

        19                  ACTING PRESIDENT LITTLE:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect on the first of

        23       November.

        24                  ACTING PRESIDENT LITTLE:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 60.

         3                  ACTING PRESIDENT LITTLE:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       783, by Member of the Assembly Wright,

         7       Assembly Print Number 6362B, an act to amend

         8       the Arts and Cultural Affairs Law.

         9                  ACTING PRESIDENT LITTLE:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT LITTLE:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT LITTLE:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       911, by Senator Fuschillo, Senate Print 4040B,

        21       an act to amend the Retirement and Social

        22       Security Law.

        23                  ACTING PRESIDENT LITTLE:    Senator

        24       Skelos, there is a message of necessity at the

        25       desk.



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         1                  SENATOR SKELOS:    Move to accept.

         2                  ACTING PRESIDENT LITTLE:    All in

         3       favor of the motion to accept the message of

         4       necessity say aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT LITTLE:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT LITTLE:    The

        10       message is accepted.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT LITTLE:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 60.

        18                  ACTING PRESIDENT LITTLE:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       927, by Senator Balboni, Senate Print 4286A,

        22       an act to amend the Public Authorities Law.

        23                  ACTING PRESIDENT LITTLE:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 4.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT LITTLE:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT LITTLE:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1281, by Member of the Assembly Thiele,

        10       Assembly Print Number 6069A, an act in

        11       relation to reassessment.

        12                  ACTING PRESIDENT LITTLE:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT LITTLE:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT LITTLE:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1331, by Senator Balboni, Senate Print 186C,

        24       an act to amend the General Business Law.

        25                  ACTING PRESIDENT LITTLE:    Senator



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         1       Skelos.

         2                  SENATOR SKELOS:    Is there a

         3       message of necessity at the desk?

         4                  ACTING PRESIDENT LITTLE:    Yes,

         5       Senator, there is a message of necessity at

         6       the desk.

         7                  SENATOR SKELOS:    Move to accept,

         8       please.

         9                  ACTING PRESIDENT LITTLE:    All in

        10       favor of the message of necessity say aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT LITTLE:    All

        13       opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT LITTLE:    The

        16       message is accepted.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect on the 90th day.

        20                  ACTING PRESIDENT LITTLE:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT LITTLE:    Senator

        24       Balboni, to explain his vote.

        25                  SENATOR BALBONI:    Yes, Madam



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         1       President, this is a new version of a bill

         2       that this house has passed several years in a

         3       row now.  We are moving closer to an

         4       agreement.  It's on the issue of spyware.

         5                  I just attended a cybersecurity

         6       conference that was held up here.  The

         7       director of cybersecurity infrastructure, Will

         8       Pegrin, held a great conference.  And, ladies

         9       and gentlemen, the threats get more and more

        10       serious to the integrity of our computer

        11       systems.

        12                  This is an incredibly necessary

        13       act, along with Senator Fuschillo's bill about

        14       intrusion notification, all the other measures

        15       we're taking.  We need to do this to make sure

        16       that the computing systems that we rely on so

        17       integrally every single day are safe and

        18       secure.  We hope to have agreement on this

        19       very shortly.

        20                  Thank you, Madam President.  I vote

        21       aye.

        22                  ACTING PRESIDENT LITTLE:    Thank

        23       you.

        24                  Senator Balboni will be recorded in

        25       the affirmative.



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         1                  Senator Montgomery, to explain her

         2       vote.

         3                  SENATOR MONTGOMERY:    Yes, Madam

         4       President, I note that on prior bills there

         5       are several --

         6                  ACTING PRESIDENT LITTLE:    Are you

         7       explaining your vote?

         8                  SENATOR MONTGOMERY:    I'm

         9       explaining my vote.

        10                  ACTING PRESIDENT LITTLE:    On this

        11       bill?

        12                  SENATOR MONTGOMERY:    On this

        13       bill.

        14                  ACTING PRESIDENT LITTLE:    Okay,

        15       thank you.

        16                  SENATOR MONTGOMERY:    In prior

        17       votes, Senator Krueger, myself, Senator

        18       Paterson, Senator A. Smith and Senator

        19       M. Smith have opposed this.  I believe we are

        20       withdrawing our opposition, and we're now

        21       supporting the new version of Senator

        22       Balboni's bill.

        23                  Thank you.

        24                  ACTING PRESIDENT LITTLE:    Thank

        25       you.



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         1                  Senator Montgomery will be recorded

         2       in the affirmative.

         3                  The Secretary will announce the

         4       results.

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT LITTLE:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1630, by Senator Libous, Senate Print 5688A,

        10       an act to amend the Education Law.

        11                  ACTING PRESIDENT LITTLE:    Senator

        12       Skelos.

        13                  SENATOR SKELOS:    Madam President,

        14       is there a message of necessity at the desk?

        15                  ACTING PRESIDENT LITTLE:    Yes,

        16       there is, Senator.

        17                  SENATOR SKELOS:    Move to accept.

        18                  ACTING PRESIDENT LITTLE:    Thank

        19       you.

        20                  All in favor of the message of

        21       necessity say aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT LITTLE:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT LITTLE:    The

         2       message is accepted.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT LITTLE:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 60.

        10                  ACTING PRESIDENT LITTLE:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 1775, Senator Winner moves to

        14       discharge, from the Committee on Finance,

        15       Assembly Bill Number 4975A and substitute it

        16       for the identical Senate Bill Number 5848A,

        17       Third Reading Calendar 1775.

        18                  ACTING PRESIDENT LITTLE:

        19       Substitution ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       1775, by Member of the Assembly Destito,

        23       Assembly Print Number 4975A, an act to amend

        24       the Executive Law.

        25                  ACTING PRESIDENT LITTLE:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT LITTLE:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 60.

         8                  ACTING PRESIDENT LITTLE:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1794, by Senator Golden, Senate Print 5810A,

        12       an act to amend the Social Services Law.

        13                  ACTING PRESIDENT LITTLE:    Senator

        14       Skelos.

        15                  SENATOR SKELOS:    Madam President,

        16       is there a message of necessity at the desk?

        17                  ACTING PRESIDENT LITTLE:    Yes,

        18       there is.

        19                  SENATOR SKELOS:    Move to accept.

        20                  ACTING PRESIDENT LITTLE:    Thank

        21       you.

        22                  All those in favor of accepting the

        23       message of necessity say aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT LITTLE:



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         1       Opposed, nay.

         2                  (No response.)

         3                  ACTING PRESIDENT LITTLE:    The

         4       message is accepted.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect on the 90th day.

         8                  ACTING PRESIDENT LITTLE:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT LITTLE:    Senator

        12       Golden, to explain his vote.

        13                  SENATOR GOLDEN:    Thank you, Madam

        14       President.

        15                  I rise today to thank the Governor

        16       of the State of New York and the task force

        17       that was assembled, with Children and Family

        18       Services, to look into the 1400 children that

        19       we have in placements outside of the city and

        20       state of New York.

        21                  In those placements, they were

        22       placed in residences where we had little

        23       oversight.  And the oversight that we did have

        24       did not match the oversight of that of the

        25       State of New York.  And what we've seen were



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         1       our children being strapped down, being abused

         2       for hours upon hours, days upon days.  We've

         3       seen two deaths in New Jersey.  We've seen in

         4       another state where they were using electric

         5       shock in 2004.

         6                  It is about time that we bring

         7       these children home and that we give them the

         8       proper services and the proper treatment and

         9       the proper residency requirements for them and

        10       their families and bring them home to their

        11       families.  And if they do have to place them

        12       out of state, that the residences that they

        13       are placed in adhere to the rules and

        14       regulations of that of the State of New York.

        15                  So this is a great day for Billy --

        16       that is the gentleman which we took this

        17       endeavor on for.  And Billy's Law is something

        18       that we brought before this body last year; we

        19       were unsuccessful.  But this year we are

        20       successful.

        21                  It costs us $200,000 per child to

        22       send him out of state or her out of state.

        23       You could keep a child at the Waldorf Astoria

        24       for $200,000 a year and give them better

        25       treatment than what they were giving them in



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         1       Jersey and in other states around the country.

         2                  So we're glad to have been able to

         3       bring these children, a lot of them, home, and

         4       we're glad that we're able to get the

         5       requirements and the securities and the

         6       prerequisites that we need to be able to make

         7       sure that our children are safe.

         8                  So we thank the Governor, we thank

         9       the task force.  It's a great day for all of

        10       the children that are brain-trauma'd and that

        11       are outside this city.  And we thank the

        12       Governor and the task force for doing that.

        13                  Thank you, Madam President.

        14                  ACTING PRESIDENT LITTLE:    Thank

        15       you.

        16                  Senator Golden will be recorded in

        17       the affirmative.

        18                  The Secretary will announce the

        19       results.

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT LITTLE:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1844, by Senator Libous, Senate Print 5829, an

        25       act to amend the Public Authorities Law.



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         1                  ACTING PRESIDENT LITTLE:    Senator

         2       Spano.

         3                  SENATOR SPANO:    Is there a

         4       message at the desk?

         5                  ACTING PRESIDENT LITTLE:    Yes,

         6       there is, Senator.

         7                  SENATOR SPANO:    I request that it

         8       be read.

         9                  ACTING PRESIDENT LITTLE:    All

        10       those in favor of accepting the message of

        11       necessity say aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT LITTLE:    Those

        14       opposed.

        15                  (No response.)

        16                  ACTING PRESIDENT LITTLE:    The

        17       message is accepted.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT LITTLE:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 60.

        25                  ACTING PRESIDENT LITTLE:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1852, by Senator Maziarz, Senate Print 26B, an

         4       act to amend the General Municipal Law and the

         5       State Finance Law.

         6                  ACTING PRESIDENT LITTLE:    Senator

         7       Spano.

         8                  SENATOR SPANO:    Madam President,

         9       is there a message at the desk?

        10                  ACTING PRESIDENT LITTLE:    Yes,

        11       there is.

        12                  SENATOR SPANO:    I ask that it be

        13       read.

        14                  ACTING PRESIDENT LITTLE:    Thank

        15       you.

        16                  All those in favor of accepting the

        17       message of necessity say aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT LITTLE:    Those

        20       opposed.

        21                  (No response.)

        22                  ACTING PRESIDENT LITTLE:    The

        23       message is accepted.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Section 6.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT LITTLE:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 59.  Nays,

         6       1.  Senator Rath recorded in the negative.

         7                  ACTING PRESIDENT LITTLE:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1866, by Senator Wright, Senate Print 5565A,

        11       an act to amend the Tax Law.

        12                  ACTING PRESIDENT LITTLE:    Senator

        13       Spano.

        14                  SENATOR SPANO:    Is there a

        15       message at the desk?

        16                  ACTING PRESIDENT LITTLE:    Yes,

        17       there is, Senator.

        18                  SENATOR SPANO:    I ask that it be

        19       read.

        20                  ACTING PRESIDENT LITTLE:    Thank

        21       you.

        22                  All those in favor of accepting the

        23       message of necessity say aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT LITTLE:    Those



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         1       opposed.

         2                  (No response.)

         3                  ACTING PRESIDENT LITTLE:    The

         4       message is accepted.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT LITTLE:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT LITTLE:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1878, by Senator Volker, Senate Print 5905, an

        16       act to amend the Public Authorities Law and

        17       the Tax Law.

        18                  ACTING PRESIDENT LITTLE:    Senator

        19       Spano.

        20                  SENATOR SPANO:    Madam President,

        21       is there a message at the desk?

        22                  ACTING PRESIDENT LITTLE:    Yes,

        23       there is, Senator.

        24                  SENATOR SPANO:    I ask that it be

        25       read.



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         1                  ACTING PRESIDENT LITTLE:    All

         2       those in favor of accepting the message of

         3       necessity say aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT LITTLE:    Those

         6       opposed.

         7                  (No response.)

         8                  ACTING PRESIDENT LITTLE:    The

         9       message is accepted.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 12.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT LITTLE:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  SENATOR MONTGOMERY:    Lay it

        17       aside.

        18                  ACTING PRESIDENT LITTLE:    The

        19       bill is laid aside.

        20                  Senator Skelos.

        21                  SENATOR SKELOS:    Madam President,

        22       would you please call up Calendar Number 1801,

        23       which is on the supplemental active list.

        24                  ACTING PRESIDENT LITTLE:    The

        25       Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       1801, by Senator Marcellino, Senate Print

         3       5833, an act to amend the Environmental

         4       Conservation Law.

         5                  ACTING PRESIDENT LITTLE:    Senator

         6       Skelos.

         7                  SENATOR SKELOS:    Is there a

         8       message of necessity at the desk?

         9                  ACTING PRESIDENT LITTLE:    Yes,

        10       there is, Senator.

        11                  SENATOR SKELOS:    Move to accept.

        12                  ACTING PRESIDENT LITTLE:    Thank

        13       you.

        14                  All those in favor of accepting the

        15       message of necessity say aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT LITTLE:    Those

        18       opposed.

        19                  (Response of "Nay.")

        20                  ACTING PRESIDENT LITTLE:    The

        21       message is accepted.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect upon the adoption of the

        25       Interstate Wildlife Violator Compact.



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         1                  ACTING PRESIDENT LITTLE:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT LITTLE:    The

         6       bill is passed.

         7                  Senator Skelos.

         8                  SENATOR SKELOS:    Madam President,

         9       on Supplemental Calendar B, would you please

        10       call up Calendar Number 1904.

        11                  ACTING PRESIDENT LITTLE:    The

        12       Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       1904, by the Senate Committee on Rules, Senate

        15       Print Number 5898, an act to amend Chapter 738

        16       of the Laws of 2004.

        17                  ACTING PRESIDENT LITTLE:    Senator

        18       Skelos.

        19                  SENATOR SKELOS:    Is there a

        20       message at the desk?

        21                  ACTING PRESIDENT LITTLE:    Yes,

        22       there is, Senator.

        23                  SENATOR SKELOS:    Move to accept.

        24                  ACTING PRESIDENT LITTLE:    All in

        25       favor of accepting the message of necessity



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         1       say aye.

         2                  (Response of "Aye.")

         3                  ACTING PRESIDENT LITTLE:    And

         4       those opposed.

         5                  (No response.)

         6                  ACTING PRESIDENT LITTLE:    The

         7       message is accepted.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT LITTLE:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT LITTLE:    The

        16       bill is passed.

        17                  Senator Skelos.

        18                  SENATOR SKELOS:    Madam President,

        19       could we take up Calendar Number 1878, which

        20       is on the controversial calendar.

        21                  ACTING PRESIDENT LITTLE:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1878, by Senator Volker, Senate Print 5905, an

        25       act to amend the Public Authorities Law and



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         1       the Tax Law.

         2                  ACTING PRESIDENT LITTLE:    Senator

         3       Brown.

         4                  SENATOR BROWN:    Thank you, Madam

         5       President.

         6                  Let me just say that a control

         7       board is never a good thing.  But in this

         8       case, unfortunately, it's a necessary thing.

         9       Erie County government has a deficit in excess

        10       of $18 million, and the county executive and

        11       the legislature have been unable on their own

        12       to work together to close that deficit.  So

        13       this is a necessary action.

        14                  And as you all know, the Erie

        15       County government is the seventh largest

        16       county in our state, containing the city of

        17       Buffalo, the second largest city in our state.

        18                  Initially, as this board was coming

        19       together, I was concerned that it sounded like

        20       the County of Erie would be treated

        21       differently from the City of Buffalo.  I'm

        22       very pleased that that did not occur.

        23                  I'm very pleased that Buffalo, as

        24       you know, that has a control board also -- and

        25       a tough control board -- is beginning to



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         1       rebound.  The city is beginning to again see

         2       fiscal stability, and this year Buffalo was

         3       able to balance its budget.

         4                  In this legislation there are a

         5       number of triggers in the legislation that

         6       require the county executive and the

         7       legislature to do certain things to show that

         8       county government is being managed in a

         9       fiscally responsible way.  If those triggers,

        10       if those threshold levels are not met, the

        11       control board will go from what is being

        12       called a soft board, a soft control board, to

        13       what is being described as a hard board with

        14       greater fiscal oversight, with greater

        15       monitoring of the actions and management of

        16       county government.  And I think that that is

        17       an appropriate step.

        18                  But I do want to say that as this

        19       legislation goes forward and as we contemplate

        20       the needs of the County of Erie and the City

        21       of Buffalo in the future, I want to make sure

        22       that we are treating the City of Buffalo

        23       within the County of Erie fairly, that we are

        24       realizing that this is the seventh largest

        25       county in our state, that Buffalo is the



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         1       second largest city in our state, and for our

         2       state to remain healthy, for our state to

         3       remain strong, it's important for Erie County

         4       and the City of Buffalo to remain healthy and

         5       strong.

         6                  I just want to use this opportunity

         7       to talk about one disparity that I see.  As

         8       you know, there is an additional 1 percent

         9       sales tax above and beyond the initial

        10       original 7 percent that Erie County had.  That

        11       additional 1 percent all goes to the County of

        12       Erie.  Now, many, including myself, have

        13       expressed our concerns about that.  But I want

        14       you to know what that means in real numbers.

        15                  That additional 1 percent is almost

        16       20 years old now, something that was supposed

        17       to be a temporary tax to get the County of

        18       Erie initially out of what was a fiscal

        19       deficit in the mid-eighties.  Now, that

        20       deficit at that time was $75 million, with

        21       interest of about $30 million.  Well, in all

        22       this period of time that additional 1 percent

        23       has generated $1.823 billion for Erie County

        24       government, none of it shared with the City of

        25       Buffalo.



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         1                  So while I am certainly going to be

         2       supporting this necessary piece of legislation

         3       to secure, to stabilize, to shore up the

         4       necessary Erie County government, I am hopeful

         5       that as we revisit and look at these issues in

         6       the future that we will make sure that the

         7       City of Buffalo is treated fairly.

         8                  I just want to share some numbers

         9       with you.  When you look at Erie County, the

        10       City of Buffalo receives 24.31 percent of the

        11       additional 1 percent of sales tax.

        12                  When you look at Rochester, in

        13       Monroe County, Rochester receives

        14       66.22 percent of the sales tax.

        15                  When you look at Syracuse, in

        16       Onondaga County, Syracuse received a whopping

        17       70.99 percent of the sales tax.

        18                  Now, Buffalo is 31 percent of the

        19       county population, Rochester is 29 percent of

        20       the population of Monroe, and Syracuse is

        21       31 percent of Onondaga's population.  There's

        22       clearly a disparity here.  I'm asking you,

        23       colleagues, to consider this, to look at this

        24       in the future.  We won't deal with this this

        25       year, but you will have the opportunity to



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         1       look at this in future years.

         2                  I want to commend Senator Volker

         3       and Assembly Member Tokasz for their action in

         4       fashioning this piece of legislation.  I want

         5       to also commend all of the other members of

         6       the Western New York State legislative

         7       delegation, and Senator Volker as the dean of

         8       the delegation that made sure that we were all

         9       involved in this process, that we were able to

        10       provide some input in how this control board

        11       came together.

        12                  A control board is never a good

        13       thing.  In this case, it's a necessary thing.

        14       We're taking the next steps to shore up the

        15       seventh largest county in the State of New

        16       York.

        17                  Thank you, Madam President.  I will

        18       be voting yes.

        19                  ACTING PRESIDENT LITTLE:    Thank

        20       you, Senator Brown.

        21                  Senator Rath.

        22                  SENATOR RATH:    I'll speak after

        23       Senator Volker.

        24                  ACTING PRESIDENT LITTLE:    I

        25       apologize.  I didn't see you, Senator Volker.



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         1                  SENATOR VOLKER:    No, that's okay.

         2                  Madam President, let me just say

         3       that a couple of years ago when we did the

         4       Buffalo control board, it was the last thing

         5       from any of our minds in Western New York that

         6       we would have to do a control board for Erie

         7       County.  We have the lowest taxes of any major

         8       county -- considering county taxes, school

         9       taxes, and local taxes -- in the state.

        10       There's really absolutely no reason for us to

        11       be in this situation that we're in right now.

        12                  Buffalo was a whole different

        13       situation.  Buffalo was going down

        14       dramatically for years, with its assessed

        15       valuation declining, loss of $50 million to

        16       $70 million in taxes over a short period of

        17       time.  In particular, because the business

        18       community got tax breaks, assessment was

        19       declining and so forth.  And we knew that

        20       ultimately it would have to be done.

        21                  And 9/11 is really what caused the

        22       city to become -- into a control board,

        23       because the State of New York had been

        24       averaging about $50 million a year to the city

        25       and stopped doing that after 9/11.



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         1                  Nassau County, one of the -- well,

         2       maybe the wealthiest county in the state, had

         3       a problem.  And really, that problem related

         4       to a series of things.  And I think Senator

         5       Skelos would certainly would agree with me

         6       when he said there was mismanagement there,

         7       there were a lot of problems that caused it.

         8                  Truly, although there's been a lot

         9       of talk about local counties -- and certainly

        10       Medicaid has to be dealt with, and we've been

        11       trying to deal with it -- but the local

        12       counties have the ability to deal with their

        13       problems.  Maybe they have to cut corners and

        14       raise taxes.  But let's remember that what

        15       happened is we actually cut Medicaid back in

        16       1997, and there was a drop in Medicaid for

        17       some years, and most counties then raised

        18       their budgets.  Erie County was one of those.

        19                  Erie County has continued to spend

        20       at a high level and yet has raised no money.

        21       And when I say raised no money, I mean really

        22       didn't do any particular cutting and received

        23       all sorts of benefits from this Legislature --

        24       the hospital was taken off the backs of the

        25       county taxpayers, a whole series of things.



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         1       Tobacco money and so forth.

         2                  The bottom line is the last thing

         3       that any of us wanted was a control board

         4       here.  And we've labored throughout this year,

         5       our delegation.  We've been united in

         6       attempting to make sure that our county

         7       righted itself and was able to make it.  The

         8       last straw, frankly, was when the people from

         9       Wall Street informed us that they did not see

        10       any way that the county could borrow.  And

        11       that, coupled with the fact that the

        12       Comptroller, Alan Hevesi, announced a minimum

        13       $118 million deficit for this year and a

        14       $200-some-million deficit for next year,

        15       obviously something had to be done.

        16                  And there are many people that for

        17       a long time were calling for something to be

        18       done.  We held off as long as we could.  The

        19       time is now.

        20                  What this control board does is

        21       basically say -- first of all, there's going

        22       to be a chapter amendment, so everybody knows

        23       also it's a technical chapter amendment that

        24       deals with borrowing.  It sets up the revenues

        25       for potential borrowing through the control



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         1       board.  Because we do not believe that the

         2       present county situation would even allow them

         3       to get through this year.  They would, in

         4       effect, go into -- well, if you could call it

         5       bankruptcy or whatever you want to call it.

         6       They must deficit borrow.  They have a RAN

         7       coming up in July, I believe it is, of

         8       $80 million, I believe.  From what we

         9       understand, if we didn't go the enabling

        10       legislation here to back up that, they

        11       couldn't renew it.

        12                  So the bottom line is there's a

        13       control board, seven people, four appointed by

        14       the Governor, one by the Senate, one by the

        15       Assembly, one by the Comptroller.

        16                  What we want to do here is give the

        17       county legislature and the county executive

        18       the opportunity to fix this problem, come up

        19       with a plan.  If it doesn't work, then the

        20       full powers of the control board will come

        21       into effect on October 1st.  The first thing

        22       to do is to right Erie County, which this

        23       legislation we expect will allow the county to

        24       go to the market and be able to right itself.

        25                  By the way, in case you're



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         1       wondering, Erie County's unemployment rate has

         2       been -- outside the city, has been some of the

         3       lowest in the state.  In fact, I was told that

         4       it was about 3 percent, which means it was

         5       virtually full employment.  Except that since

         6       the county crisis, about 2200 people have been

         7       laid off, and therefore obviously a huge

         8       problem there.  And it has offset a rise in

         9       private industry employment.  So although the

        10       economy of Western New York is doing a lot

        11       better than people think, obviously the county

        12       is in terminus.  And this is why we need this

        13       control board.

        14                  The delegation is totally committed

        15       to dealing with this issue.  I have to say

        16       something -- and I've lived in Western

        17       New York all my life -- thank goodness for the

        18       people of Western New York that our delegation

        19       stays together, refuses to play the

        20       unfortunate politics that has been occurring

        21       in Erie County.  Because if not, the situation

        22       would be a lot worse.

        23                  And I want to thank all my

        24       colleagues, Democrats and Republicans, for the

        25       cooperation they've given in dealing with this



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         1       issue.

         2                  ACTING PRESIDENT LITTLE:    Thank

         3       you, Senator Volker.

         4                  Senator Rath.

         5                  SENATOR RATH:    Thank you, Madam

         6       President.

         7                  I rise to congratulate Senator

         8       Volker and Assemblyman Tokasz, the two leaders

         9       of the western delegation, for shepherding

        10       this measure through this house and through

        11       the Assembly.

        12                  I'm going take a little bit of a

        13       different approach as we finish this up, and I

        14       will be brief.  Because it is time to put this

        15       crisis behind us in Erie County and get on

        16       with it.

        17                  The people in Erie County, like

        18       every place in this state, need to have

        19       confidence in their government and need to

        20       trust their government.  That hasn't been true

        21       in Erie County this past year.  The workings

        22       of the control board, I am convinced, will be

        23       enough to right the ship of county, if you

        24       will.  The triggers that are in place, if they

        25       do not meet the appropriate benchmarks, will



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         1       bring a full-blown control board into place

         2       quickly enough to take care of any problems

         3       that might arise.

         4                  But as a county legislator, as I

         5       was for many years, and with the opportunity

         6       and privilege of serving as the minority

         7       leader in that body for quite some time, I

         8       remember how we hated it when the state told

         9       us what to do.  It was called a mandate, and

        10       we hated it.  Because we felt the government

        11       lowest to the people was the government that

        12       was best for the people.  I still believe

        13       that.  And I have a little trouble looking at

        14       this and knowing how they feel, because they

        15       feel we're coming in and we're going to tell

        16       them what to do.

        17                  That's not what's happening here.

        18       We have a group of people who will be

        19       appointed, who will be of the best intentions,

        20       to do the best to help Erie County through

        21       this crisis.

        22                  But let's look at what has

        23       happened.  I always say to people that,

        24       although we don't talk politics on the floor

        25       of the state legislature any more than we did



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         1       the county legislature, on Election Day it's a

         2       marriage of politics and government.  And when

         3       people are in that voting booth, they pull a

         4       lever for you or for me.  And we came up the

         5       political route, and then we are their

         6       government official, if we are lucky enough,

         7       fortunate enough to be representing them.

         8                  And so we have, this fall, seven

         9       county legislators not running for reelection.

        10       There will be a whole new legislature,

        11       virtually, there.  Who knows if the incumbents

        12       will get reelected.

        13                  They need a chance and an

        14       opportunity to right the ship of county.  And

        15       with the charter and with this control board

        16       looking over their shoulder, they have a

        17       chance to do that.  And I am going to wish

        18       them well before they're even elected.

        19                  There will be a charter revision

        20       committee in Erie County, and I assume that

        21       they will be looking at all the kinds of

        22       things of governments, as to whether we have a

        23       county executive in the future or whether we

        24       go to a county manager form of government.

        25       Lots of changes going to be happening in Erie



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         1       County.

         2                  So I assume you'll all be

         3       supporting us on this.  I hope you will.  But

         4       moreover, I ask the people of the County of

         5       Erie to support this control board, because it

         6       has the best intentions in mind.  The state

         7       legislators will be there to back it up, not

         8       look over their shoulder every minute.  But if

         9       they get into trouble, we'll be there to help,

        10       as will the control board.

        11                  I urge its support.  Thank you.

        12                  ACTING PRESIDENT LITTLE:    Thank

        13       you, Senator Rath.

        14                  Senator Stachowski.

        15                  SENATOR STACHOWSKI:    Madam

        16       President, I also rise to support this

        17       legislation.

        18                  There's been some criticism in the

        19       local media about the fact that it's a soft

        20       control board to start with and that we had

        21       put a hard control board in Buffalo.  But the

        22       fact is that there's five triggers that as

        23       soon as one of those aren't met, it's

        24       immediately a hard control board.

        25                  And one of the important things to



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         1       keep in mind is, for example, when they now

         2       did their quarter percent that's going to be

         3       able to pay for their deficit borrowing, which

         4       is a term most of us hate to even hear on this

         5       floor, the fact is even in that little

         6       process, they had 10 votes, and now one of

         7       them -- I don't know what they did today, so I

         8       really can't tell you -- but one of them

         9       threatened not to do it.  So I guess he

        10       reneged on his threat not to vote for it and

        11       he voted for it.

        12                  But that's the kind of things that

        13       were happening in Erie County.  And that's

        14       what made you think, well, they were always

        15       able, as Senator Volker said, to help

        16       themselves, but they didn't choose to do it.

        17       They didn't have the political will to make

        18       the hard decisions.  And unfortunately, part

        19       of government is making hard decisions.

        20                  Senator Rath talked about that she

        21       was the minority leader.  While she was there,

        22       they had a very difficult financial problem,

        23       but they persevered and took care of it

        24       themselves.  They didn't need someone to come

        25       from the outside and force them to do the



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         1       right thing.

         2                  When I was a county legislator in

         3       1976 -- and I only bring that up because I

         4       read some quotes by Ned Regan, who was the

         5       former comptroller of the state, talking about

         6       how he had warned about Medicaid, and it's

         7       Medicaid.  But what he didn't talk about was

         8       that in 1976, he proposed a 77 percent

         9       property tax increase.  The fact is the

        10       legislature dealt with it, and we finished the

        11       budget on time, and government went on.  And

        12       all the things that we cut, fortunately we

        13       were on our feet the next year, and we put

        14       most of those things back in.

        15                  But the realization is that when

        16       you get elected to a position, it's not always

        17       we vote for the budget, we vote for all the

        18       popular things and we never have to do a hard

        19       decision.  And unfortunately, that seemed to

        20       be what was going on there.  And now when they

        21       were faced with difficult decisions, nobody

        22       seemed able to make them.

        23                  The reality is the county was given

        24       some things to help them cope with increased

        25       costs and Medicaid that they never recognized.



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         1       For example, even when we did the hospital

         2       bill -- and nowhere when we were doing this

         3       public benefit corporation was there anywhere

         4       talked about that they were going to then make

         5       this private/public benefit corporation buy

         6       the hospital from the county and then the

         7       county executive was going to take most of the

         8       money and use it to balance his budget.  Which

         9       he did.  None of us -- I mean, that might not

        10       have been a public benefit corporation

        11       hospital had we known that was going to happen

        12       in the first place.

        13                  When they got Family Health Plus,

        14       which they always beat to a pulp, saying, We

        15       got this increased cost that nobody gave us

        16       the money for -- the funny thing is, before

        17       that time, counties never got revenue sharing.

        18       All of a sudden in the state budget appeared

        19       revenue sharing for counties, which was a way

        20       to send them money to help offset the cost of

        21       Family Health Plus.

        22                  So there were some things going on

        23       that maybe weren't recognized by people in the

        24       media or people criticizing the state for not

        25       helping Erie County.  But the fact is we were.



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         1       We're going to continue to do it with this

         2       control board, because it will help them right

         3       themselves, we hope.

         4                  And the other thing about the

         5       control board is we are giving them every

         6       opportunity to fix the problem themselves.

         7       And that's why it's a soft control board

         8       rather than immediate hard.  Hopefully it will

         9       stay that way.  But if they should show not to

        10       have the political will to do all the things

        11       necessary, then one of those triggers will get

        12       pulled and it will be a hard control board.

        13       We hope it doesn't happen.

        14                  But we hope that this control board

        15       will help Erie County come out of the

        16       situation they are now, help people to get

        17       more sure of their county government, help the

        18       employees in Erie County become more sure of

        19       what's going on with their lives, and help

        20       make life better for the people in Western

        21       New York and Erie County in particular.

        22                  I'm supporting this issue.

        23                  ACTING PRESIDENT LITTLE:    Thank

        24       you, Senator Stachowski.

        25                  Is there any other Senator wishing



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         1       to be heard on the bill?

         2                  The debate is closed, and the

         3       Secretary will ring the bell.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 12.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT LITTLE:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT LITTLE:    Senator

        11       Volker, to explain his vote.

        12                  SENATOR VOLKER:    Yeah, just for a

        13       second.

        14                  I didn't mention, and I do want to

        15       do that, I want to thank the Governor, the

        16       Assembly.  This was a very cooperative

        17       adventure, shall I call it, and complicated.

        18                  I especially want to thank our

        19       staff -- Mary Clark, behind us here, and my

        20       own staff that worked hard on this, and Paul

        21       Tokasz and the Assembly staff also.  Everyone

        22       worked very hard to get this done.  And I want

        23       to thank everybody for their cooperation.

        24                  I vote aye.

        25                  ACTING PRESIDENT LITTLE:    Thank



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         1       you.

         2                  Senator Volker will be recorded in

         3       the affirmative.

         4                  The Secretary will announce the

         5       results.

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT LITTLE:    The

         8       bill is passed.

         9                  Senator Skelos.

        10                  SENATOR SKELOS:    Madam President,

        11       if we could move to the order of motions and

        12       resolutions and adopt the Resolution Calendar,

        13       with the exception of Resolution 2715.

        14                  ACTING PRESIDENT LITTLE:    All in

        15       favor of adopting the Resolution Calendar say

        16       aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT LITTLE:

        19       Opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT LITTLE:    The

        22       Resolution Calendar is adopted.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Madam President,

        25       if we could take up Resolution 2715, by



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         1       Senator Hassell-Thompson, have the title read,

         2       move for its immediate adoption, and open it

         3       up for sponsorship.

         4                  ACTING PRESIDENT LITTLE:    Thank

         5       you.

         6                  If we could have quiet in the

         7       chamber, please, while the Secretary will read

         8       the resolution.

         9                  Thank you.

        10                  THE SECRETARY:    By Senator

        11       Hassell-Thompson, Legislative Resolution

        12       Number 2715, mourning the death of Andre

        13       Pancham, Jr.

        14                  ACTING PRESIDENT LITTLE:    Senator

        15       Hassell-Thompson.

        16                  SENATOR HASSELL-THOMPSON:    Thank

        17       you, Madam President.

        18                  I just want to thank all of my

        19       colleagues for their support for this

        20       resolution for Andre Pancham, who was a

        21       student, a young man in my district who died

        22       very suddenly.

        23                  It is so interesting that sometimes

        24       we -- at the death of someone, we want to

        25       paint the picture so rosy and so perfect.  But



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         1       I want to tell you that we don't need to paint

         2       a rosy picture of this young man.  He was an

         3       awesome student, appeared to have such a

         4       future in front of him, and suddenly he was

         5       not with us any longer.

         6                  He is an only child, and his

         7       parents are so devastated.  And they are

         8       having a great deal of difficulty just being

         9       able to understand what has happened to Andre.

        10       And his principal and many of the teachers

        11       have had a lot of difficulty with students at

        12       school trying to understand why Andre has

        13       died.

        14                  I am hoping that this resolution,

        15       along with the cards and prayers that have

        16       been extended to this family, will in some way

        17       offer them the comfort of knowing that they

        18       are not alone.  And I thank my colleagues for

        19       supporting this and hope that all of my

        20       colleagues are willing to sign on to this

        21       resolution to this family.

        22                  Thank you.

        23                  ACTING PRESIDENT LITTLE:    Thank

        24       you, Senator.

        25                  On the resolution, all in favor say



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         1       aye.

         2                  (Response of "Aye.")

         3                  ACTING PRESIDENT LITTLE:

         4       Opposed, nay.

         5                  (No response.)

         6                  ACTING PRESIDENT LITTLE:    The

         7       resolution is adopted.

         8                  Senator Skelos.

         9                  SENATOR SKELOS:    Madam President,

        10       I believe there's some housekeeping at the

        11       desk.

        12                  ACTING PRESIDENT LITTLE:    Yes, we

        13       do.

        14                  Senator Trunzo.

        15                  SENATOR TRUNZO:    Madam President,

        16       I wish to call up Senate Bill Print Number

        17       431A, recalled from the Assembly, which is now

        18       at the desk.

        19                  ACTING PRESIDENT LITTLE:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       1404, by Senator Trunzo, Senate Print 431A, an

        23       act to amend the Executive Law.

        24                  ACTING PRESIDENT LITTLE:    Senator

        25       Trunzo.



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         1                  SENATOR TRUNZO:    I now move to

         2       reconsider the vote by which the bill was

         3       passed and ask that it be restored to the

         4       order of third reading.

         5                  ACTING PRESIDENT LITTLE:    The

         6       Secretary will call the roll on

         7       reconsideration of the vote.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 60.

        10                  SENATOR TRUNZO:    I now move to

        11       discharge, from the Committee on Rules,

        12       Assembly Print Number 1233A and substitute it

        13       for my identical bill.

        14                  The Senate bill on first passage

        15       was voted unanimously.  I now move that the

        16       substituted Assembly bill have its third

        17       reading at this time.

        18                  ACTING PRESIDENT LITTLE:

        19       Substitution ordered.

        20                  And the Secretary will read the

        21       Assembly bill.

        22                  THE SECRETARY:    Calendar Number

        23       1404, by Member of the Assembly Tokasz,

        24       Assembly Print Number 1233A, an act to amend

        25       the Executive Law.



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         1                  ACTING PRESIDENT LITTLE:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 5.  This

         4       act shall take effect on the 60th day.

         5                  ACTING PRESIDENT LITTLE:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  ACTING PRESIDENT LITTLE:    The

        10       bill is passed.

        11                  Senator Skelos.

        12                  SENATOR SKELOS:    Madam President,

        13       there will be an immediate meeting of the

        14       Finance Committee in the Majority Conference

        15       Room.

        16                  If you would recognize Senator

        17       Montgomery.

        18                  ACTING PRESIDENT LITTLE:    Senator

        19       Montgomery.

        20                  SENATOR MONTGOMERY:    Yes, Madam

        21       President.  Immediately following the Finance

        22       Committee, there will be a conference of the

        23       Senate Minority.

        24                  ACTING PRESIDENT LITTLE:    Thank

        25       you.



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         1                  SENATOR SKELOS:    Madam President,

         2       I expect that we will be back at ten to 6:00

         3       to take up several bills.

         4                  ACTING PRESIDENT LITTLE:    Thank

         5       you, Senator.

         6                  The Senate stands in recess until

         7       ten minutes of 6:00.

         8                  (Whereupon, the Senate stood at

         9       ease at 5:30 p.m.)

        10                  (Whereupon, the Senate reconvened

        11       at 6:34 p.m.)

        12                  THE PRESIDENT:    Senator Skelos.

        13                  SENATOR SKELOS:    Madam President,

        14       if we could return to motions and resolutions,

        15       I believe there's a motion to be made at this

        16       time.

        17                  THE PRESIDENT:    Motions and

        18       resolutions.

        19                  Senator Little.

        20                  SENATOR LITTLE:    Thank you.

        21                  Madam President, I wish to call up

        22       Calendar 749, Assembly Print Number 7395.

        23                  THE PRESIDENT:    The Secretary

        24       will read.

        25                  THE SECRETARY:    Calendar Number



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         1       749, by Member of the Assembly Abbate,

         2       Assembly Print Number 7395, an act to amend

         3       the General Municipal Law.

         4                  SENATOR LITTLE:    I now move to

         5       reconsider the vote by which this Assembly

         6       bill was substituted for my bill, Senate Print

         7       Number 4458, on June 23rd, on behalf of

         8       Senator Golden.

         9                  THE PRESIDENT:    The Secretary

        10       will call the roll upon reconsideration.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 60.

        13                  SENATOR LITTLE:    I now move that

        14       Assembly Bill Number 7395 be recommitted to

        15       the Committee on Rules, and my Senate bill be

        16       restored to the order of the Third Reading

        17       Calendar.

        18                  THE PRESIDENT:    So ordered.

        19                  SENATOR LITTLE:    Madam President,

        20       I now offer the following amendments.

        21                  THE PRESIDENT:    The amendments

        22       are received.

        23                  SENATOR LITTLE:    Thank you.

        24                  THE PRESIDENT:    Senator Skelos.

        25                  SENATOR SKELOS:    Madam President,



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         1       if we could return to reports of standing

         2       committees, I believe there's a report of the

         3       Finance Committee at the desk.  I ask that it

         4       be read.

         5                  THE PRESIDENT:    Reports of

         6       standing committees.

         7                  The Secretary will read the Finance

         8       Committee report.

         9                  THE SECRETARY:    Senator Johnson,

        10       from the Committee on Finance, reports the

        11       following nomination.

        12                  Susan G. Metzger, Ph.D., of

        13       Warwick.

        14                  THE PRESIDENT:    Senator Johnson.

        15                  First of all, I'm going to ask the

        16       members to take their conversations out of the

        17       chambers.

        18                  Senator Johnson.

        19                  SENATOR JOHNSON:    Move the

        20       nomination.

        21                  THE PRESIDENT:    Senator Morahan.

        22                  SENATOR MORAHAN:    Thank you,

        23       Madam President.

        24                  I just want to take a moment to

        25       second the nomination of Susan Metzger, from



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         1       Warwick, New York, as a member of the MTA.

         2                  Susan is a very active person in

         3       our community, involved in transportation

         4       issues, concerned about commuter issues, and

         5       will be an excellent addition to the MTA

         6       board.  And I'm delighted to second her

         7       nomination.

         8                  THE PRESIDENT:    The question now

         9       is on the nomination of Susan G. Metzger,

        10       Ph.D., of Warwick, as a member of the

        11       Metropolitan Transportation Authority, for a

        12       term to expire June 30, 2010.

        13                  All in favor please signify by

        14       saying aye.

        15                  (Response of "Aye.")

        16                  THE PRESIDENT:    Opposed, nay.

        17                  (No response.)

        18                  THE PRESIDENT:    The nominee is

        19       confirmed.

        20                  The Secretary will continue to

        21       read.

        22                  THE SECRETARY:    Senator Johnson,

        23       from the Committee on Finance, reports the

        24       following bills:

        25                  Senate Print 5870, by the Senate



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         1       Committee on Rules, an act to amend the

         2       Education Law;

         3                  5902, by the Senate Committee on

         4       Rules, an act to amend a chapter of the Laws

         5       of 2005;

         6                  And Senate Print 5903, from the

         7       Senate Committee on Rules, an act to amend

         8       Chapter 53 of the Laws of 2005.

         9                  All bills ordered direct to third

        10       reading.

        11                  THE PRESIDENT:    Without

        12       objection, all bills reported direct to third

        13       reading.

        14                  Senator Skelos.

        15                  SENATOR SKELOS:    Madam President,

        16       if we could take up Calendar Number 1910.

        17                  THE PRESIDENT:    The Secretary

        18       will read.

        19                  THE SECRETARY:    Calendar Number

        20       1910, Senate Print 5870, from the Senate

        21       Committee on Rules, an act to amend the

        22       Education Law.

        23                  SENATOR SCHNEIDERMAN:

        24       Explanation.  Or lay it aside.

        25                  THE PRESIDENT:    Senator Skelos,



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         1       what do you like?  Whatever you like.

         2                  SENATOR SKELOS:    Well, the bill

         3       is laid aside, so we will now to go the

         4       controversial calendar and take the bill up.

         5                  THE PRESIDENT:    The bill is laid

         6       aside.

         7                  The Secretary will first ring the

         8       bell, and members should return to their

         9       seats.

        10                  Senator Johnson.

        11                  SENATOR JOHNSON:    This bill is a

        12       budget and technical amendment bill to the

        13       fiscal year 2005-2006 enacted budget.  There's

        14       no money appropriated here.  Some money is

        15       moved from one account to another.  Mostly

        16       it's cleanup of language.  Some words were

        17       left out in the bills, some words were added

        18       in the bills, but there is nothing really

        19       changed except that the budget is in a more

        20       proper form than it was when we passed it.

        21                  THE PRESIDENT:    Senator

        22       Schneiderman.

        23                  SENATOR SCHNEIDERMAN:    Thank you

        24       very much for that extraordinary explanation.

        25                  SENATOR SABINI:    Madam President.



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         1                  THE PRESIDENT:    Senator Sabini.

         2                  SENATOR SABINI:    Would the

         3       sponsor yield for a question.

         4                  THE PRESIDENT:    Senator Johnson,

         5       do you yield?

         6                  SENATOR JOHNSON:    Yes.

         7                  THE PRESIDENT:    You may proceed,

         8       Senator.

         9                  SENATOR SABINI:    I'm just

        10       wondering if the sponsor would explain in

        11       section -- I guess it's 31(a) of the bill,

        12       there's some verbiage regarding the New York

        13       Racing Association and Aqueduct Racetrack.

        14       And as we all know, the moving along of the

        15       project at Aqueduct is an important item both

        16       for the state budget, the Governor's budget

        17       protections, and for the economy of Queens

        18       County.  There are a lot of jobs involved, a

        19       lot of construction jobs, a lot of operational

        20       jobs.

        21                  And I'm just wondering, since we're

        22       just seeing this now, what the effect of the

        23       Aqueduct project and -- that this bill would

        24       have on the Aqueduct project and what does

        25       this do to the New York Racing Association.



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         1                  SENATOR JOHNSON:    Are you

         2       awaiting my response, Senator?

         3                  SENATOR SABINI:    Yes.

         4                  SENATOR JOHNSON:    Okay.  This

         5       requires all contracts entered into by the

         6       New York Racing Association prior to the

         7       effective date of the legislation and related

         8       to the operation, management or distribution

         9       of revenues, the design of a video lottery

        10       gaming facility at Aqueduct will be subject to

        11       the approval of the Division of Lottery.

        12                  SENATOR SABINI:    Madam President,

        13       if the sponsor would continue to yield.

        14                  THE PRESIDENT:    Senator Johnson,

        15       do you yield?

        16                  SENATOR JOHNSON:    Yes, Madam

        17       President.

        18                  THE PRESIDENT:    You may proceed,

        19       Senator.

        20                  SENATOR SABINI:    Would it be the

        21       sponsor's assertion, then, that this bill is

        22       necessary to keep the Aqueduct project alive

        23       and in fact expedite its opening?

        24                  SENATOR JOHNSON:    That is

        25       correct, Senator.



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         1                  SENATOR SABINI:    Would the

         2       sponsor continue to yield.

         3                  THE PRESIDENT:    Senator Johnson,

         4       do you yield?

         5                  SENATOR JOHNSON:    Yes, Madam

         6       President.

         7                  THE PRESIDENT:    You may proceed.

         8                  SENATOR SABINI:    Thank you, Madam

         9       President.

        10                  I'm also wondering, through you, if

        11       the sponsor, who ably chairs our Finance

        12       Committee, could tell me if he thinks there's

        13       going to be more NYRA legislation that we're

        14       anticipating before we close up.

        15                  SENATOR JOHNSON:    I'm not certain

        16       if I heard your question, Senator.

        17                  SENATOR SABINI:    Do we expect

        18       more NYRA governance legislation besides this

        19       before we close business today?

        20                  SENATOR JOHNSON:    My counsel said

        21       the day is still young, Senator.

        22                  But so far we have no plans to do

        23       that.

        24                  SENATOR SABINI:    Thank you, Madam

        25       President.



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         1                  THE PRESIDENT:    Does any other

         2       member wish to be heard on this bill?

         3                  Then the debate is closed.

         4                  The Secretary will ring the bell.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  THE PRESIDENT:    Call the roll.

         9                  (The Secretary called the roll.)

        10                  THE PRESIDENT:    The Secretary

        11       will announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 1910 are

        14       Senators Duane, L. Krueger, and Schneiderman.

        15                  Ayes, 57.  Nays, 3.

        16                  THE PRESIDENT:    The bill is

        17       passed.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    Madam President,

        20       if we could return to motions and resolutions,

        21       I believe there's a resolution at the desk by

        22       Senator Brown.  I ask that the title be read

        23       and move for its immediate adoption.

        24                  THE PRESIDENT:    Motions and

        25       resolutions.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    By Senator Brown,

         3       Legislative Resolution Number 2762,

         4       commemorating the 25th Anniversary of the

         5       New Beginnings Choral Ensemble.

         6                  THE PRESIDENT:    All in favor of

         7       the resolution please signify by saying aye.

         8                  (Response of "Aye.")

         9                  THE PRESIDENT:    Opposed, nay.

        10                  (No response.)

        11                  THE PRESIDENT:    The resolution is

        12       adopted.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Madam President,

        15       I believe there's a supplemental active list

        16       on its way, so if we could just stand at ease.

        17                  THE PRESIDENT:    The Senate stands

        18       at ease.

        19                  (Whereupon, the Senate stood at

        20       ease at 6:46 p.m.)

        21                  (Whereupon, the Senate reconvened

        22       at 7:10 p.m.)

        23                  SENATOR SKELOS:    Madam President.

        24                  THE PRESIDENT:    Senator Skelos.

        25                  SENATOR SKELOS:    Madam President,



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         1       if we could have the noncontroversial reading

         2       of the supplemental active list.

         3                  THE PRESIDENT:    The Secretary

         4       will read.

         5                  THE SECRETARY:    Calendar Number

         6       497, by Member of the Assembly Brodsky,

         7       Assembly Print Number 3469, an act to amend

         8       the Legislative Law.

         9                  THE PRESIDENT:    Read the last

        10       section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 60.

        16                  THE PRESIDENT:    The bill is

        17       passed.

        18                  THE SECRETARY:    Calendar Number

        19       743, by Member of the Assembly Nesbitt,

        20       Assembly Print Number 5969, an act to amend

        21       the Military Law.

        22                  THE PRESIDENT:    Read the last

        23       section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  THE PRESIDENT:    Call the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 60.

         4                  THE PRESIDENT:    The bill is

         5       passed.

         6                  THE SECRETARY:    Calendar Number

         7       876, by Senator Hannon, Senate Print 4331A, an

         8       act to amend the Public Health Law.

         9                  THE PRESIDENT:    Read the last

        10       section.

        11                  THE SECRETARY:    Section 17.  This

        12       act shall take effect immediately.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 60.

        16                  THE PRESIDENT:    The bill is

        17       passed.

        18                  THE SECRETARY:    Calendar Number

        19       880, by the Assembly Committee on Rules,

        20       Assembly Print Number 8800, an act to amend

        21       the Public Health Law.

        22                  THE PRESIDENT:    Read the last

        23       section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  THE PRESIDENT:    Call the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 60.

         4                  THE PRESIDENT:    The bill is

         5       passed.

         6                  THE SECRETARY:    Calendar Number

         7       893, by Senator Balboni, Senate Print 4123, an

         8       act to amend the Penal Law.

         9                  THE PRESIDENT:    Read the last

        10       section.

        11                  THE SECRETARY:    Section 16.  This

        12       act shall take effect on the first day of

        13       November.

        14                  THE PRESIDENT:    Call the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       1226, substituted earlier today by Member of

        21       the Assembly Abbate, Assembly Print Number

        22       7827A, an act to amend the Retirement and

        23       Social Security Law.

        24                  THE PRESIDENT:    Read the last

        25       section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  THE PRESIDENT:    Call the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 60.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  THE SECRETARY:    Calendar Number

         9       1279, by Member of the Assembly Abbate,

        10       Assembly Print Number 7020, an act to amend

        11       the General Municipal Law.

        12                  THE PRESIDENT:    There is a

        13       home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 60.

        20                  THE PRESIDENT:    The bill is

        21       passed.

        22                  THE SECRETARY:    Calendar Number

        23       1811, substituted earlier today by Member of

        24       the Assembly Grannis, Assembly Print Number

        25       7559B, an act to amend the Insurance Law.



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         1                  THE PRESIDENT:    Read the last

         2       section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 60.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  Senator Skelos, that completes the

        11       noncontroversial reading of the supplemental

        12       calendar.

        13                  SENATOR SKELOS:    Madam President.

        14                  THE PRESIDENT:    Senator Skelos.

        15                  SENATOR SKELOS:    There will be a

        16       meeting of the Rules Committee at 7:00 p.m. in

        17       the Majority Conference Room.

        18                  And if we could stand at ease at

        19       this time.

        20                  THE PRESIDENT:    There will be a

        21       meeting of the Rules Committee at 7:25 in the

        22       Majority Conference Room.

        23                  The Senate stands at ease.

        24                  (Whereupon, the Senate stood at

        25       ease at 7:15 p.m.)



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         1                  (Whereupon, the Senate reconvened

         2       at 7:34 p.m.)

         3                  SENATOR SKELOS:    Mr. President.

         4                  ACTING PRESIDENT NOZZOLIO:

         5       Senator Skelos.

         6                  SENATOR SKELOS:    If we could

         7       return to reports of standing committees,

         8       there's a report of the Rules Committee at the

         9       desk.  I ask that it be read.

        10                  ACTING PRESIDENT NOZZOLIO:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Senator Bruno,

        13       from the Committee on Rules, reports the

        14       following bills:

        15                  Senate Print 1071A, by Senator

        16       Alesi, an act to amend the Education Law;

        17                  3059, by Senator Alesi, an act to

        18       amend the Executive Law;

        19                  3369A, by Senator Spano, an act to

        20       amend the Education Law;

        21                  3570, by Senator Trunzo, an act to

        22       amend the Real Property Tax Law;

        23                  3765, by Senator Morahan, an act

        24       requiring;

        25                  4424A, by Senator Volker, an act to



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         1       amend the Penal Law;

         2                  4954B, by Senator M. Smith, an act

         3       to amend the Vehicle and Traffic Law;

         4                  5008A, by Senator Fuschillo, an act

         5       authorizing the assessor;

         6                  5264A, by Senator Bonacic, an act

         7       to amend the Environmental Conservation Law;

         8                  5423A, by Senator Golden, an act to

         9       amend the Education Law;

        10                  5458, by Senator Stachowski, an act

        11       to amend the General Municipal Law;

        12                  5567A, by Senator Young, an act to

        13       amend the Tax Law;

        14                  5618, by Senator Farley, an act to

        15       amend the Tax Law;

        16                  5654B, by Senator Spano, an act to

        17       amend the Tax Law;

        18                  5720A, by Senator Farley, an act to

        19       authorize the extension;

        20                  5816, by Senator Balboni, an act to

        21       amend the Education Law;

        22                  5849, by Senator Maziarz, an act

        23       authorizing the office;

        24                  5861, by Senator LaValle, an act to

        25       amend the Environmental Conservation Law;



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         1                  5893, by the Senate Committee on

         2       Rules, an act to amend Chapter 103 of the Laws

         3       of 2004;

         4                  5904, by Senator Golden, an act to

         5       amend the Tax Law;

         6                  5915, by Senator Padavan, an act to

         7       amend the Tax Law;

         8                  And Assembly Print 8963, by the

         9       Assembly Committee on Rules, an act to amend

        10       Chapter 444 of the Laws of 1997.

        11                  All bills ordered direct to third

        12       reading.

        13                  THE PRESIDENT:    Senator Skelos.

        14                  SENATOR SKELOS:    Madam President,

        15       move to accept the report of the Rules

        16       Committee.

        17                  THE PRESIDENT:    All in favor of

        18       accepting the report of the Rules Committee

        19       please signify by saying aye.

        20                  (Response of "Aye.")

        21                  THE PRESIDENT:    Opposed, nay.

        22                  (No response.)

        23                  THE PRESIDENT:    The report is

        24       accepted.

        25                  Senator Skelos.



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         1                  SENATOR SKELOS:    Madam President,

         2       on behalf of Senator Bruno, there will be an

         3       immediate conference of the Majority in the

         4       Majority Conference Room.

         5                  THE PRESIDENT:    There will be an

         6       immediate conference of the Majority in the

         7       Majority Conference Room.

         8                  SENATOR SKELOS:    Stand at ease,

         9       please.

        10                  THE PRESIDENT:    The Senate stands

        11       at ease.

        12                  (Whereupon, the Senate stood at

        13       ease at 7:37 p.m.)

        14                  (Whereupon, the Senate reconvened

        15       at 8:24 p.m.)

        16                  ACTING PRESIDENT MEIER:    Senator

        17       Skelos.

        18                  SENATOR SKELOS:    Mr. President,

        19       if we could please take up Calendar Number

        20       1407.

        21                  THE SECRETARY:    Calendar Number

        22       1407, by Member of the Assembly R. Diaz,

        23       Assembly Print Number 4433A, an act to amend

        24       the Agriculture and Markets Law.

        25                  ACTING PRESIDENT MEIER:    Read the



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         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MEIER:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 60.

         8                  ACTING PRESIDENT MEIER:    The bill

         9       is passed.

        10                  SENATOR SKELOS:    Mr. President,

        11       on Supplemental Calendar B, would you please

        12       call up Calendar Number 1908.

        13                  ACTING PRESIDENT MEIER:    The

        14       Secretary will read Calendar Number 1908.

        15                  THE SECRETARY:    Calendar Number

        16       1908, by Senator Rath, Senate Print Number

        17       5908, an act to amend the Public Health Law.

        18                  SENATOR SKELOS:    Mr. President,

        19       is there a message of necessity at the desk?

        20                  ACTING PRESIDENT MEIER:    There

        21       is.

        22                  SENATOR SKELOS:    Move to accept.

        23                  ACTING PRESIDENT MEIER:    All in

        24       favor of accepting the message of necessity

        25       signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT MEIER:    Those

         3       opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT MEIER:    The

         6       message is accepted.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect on the same date and in

        10       the same manner as Section 1 of a chapter of

        11       the Laws of 2005.

        12                  ACTING PRESIDENT MEIER:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 60.

        16                  ACTING PRESIDENT MEIER:    The bill

        17       is passed.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    Mr. President,

        20       if we could go now to Supplemental Calendar C,

        21       noncontroversial.

        22                  ACTING PRESIDENT MEIER:    The

        23       Secretary will conduct the noncontroversial

        24       reading of Supplemental Calendar C.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 1913, Senator Alesi moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 236A and substitute it

         4       for the identical Senate Bill Number 1071A,

         5       Third Reading Calendar 1913.

         6                  ACTING PRESIDENT MEIER:

         7       Substitution ordered.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       1913, by Member of the Assembly Weisenberg,

        11       Assembly Bill Number 236A, an act to amend the

        12       Education Law.

        13                  ACTING PRESIDENT MEIER:    There is

        14       a local fiscal impact note at the desk.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT MEIER:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 58.  Nays,

        22       2.  Senators Meier and Wright recorded in the

        23       negative.

        24                  ACTING PRESIDENT MEIER:    The bill

        25       is passed.



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         1                  THE SECRETARY:    In relation to

         2       Calendar Number 1914, Senator Alesi moves to

         3       discharge, from the Committee on Rules,

         4       Assembly Bill Number 2947 and substitute it

         5       for the identical Senate Bill Number 3059,

         6       Third Reading Calendar 1914.

         7                  ACTING PRESIDENT MEIER:

         8       Substitution ordered.

         9                  The Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       1914, by Member of the Assembly Morelle,

        12       Assembly Bill Number 2947, an act to amend the

        13       Executive Law.

        14                  ACTING PRESIDENT MEIER:    Read the

        15       last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT MEIER:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 59.  Nays,

        22       1.  Senator Meier recorded in the negative.

        23                  ACTING PRESIDENT MEIER:    The bill

        24       is passed.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 1915, Senator Spano moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 2767C and substitute it

         4       for the identical Senate Bill Number 3369A,

         5       Third Reading Calendar 1915.

         6                  ACTING PRESIDENT MEIER:

         7       Substitution ordered.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       1915, by Member of the Assembly Brodsky,

        11       Assembly Bill Number 2767C, an act to amend

        12       the Education Law.

        13                  ACTING PRESIDENT MEIER:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT MEIER:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT MEIER:    The bill

        22       is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 1916, Senator Trunzo moves to

        25       discharge, from the Committee on Rules,



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         1       Assembly Bill Number 4973 and substitute it

         2       for the identical Senate Bill Number 3570,

         3       Third Reading Calendar 1916.

         4                  ACTING PRESIDENT MEIER:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       1916, by Member of the Assembly Sweeney,

         9       Assembly Bill Number 4973, an act to amend the

        10       Real Property Tax Law.

        11                  ACTING PRESIDENT MEIER:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT MEIER:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT MEIER:    The bill

        20       is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 1917, Senator Morahan moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 5616 and substitute it

        25       for the identical Senate Bill Number 3765,



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         1       Third Reading Calendar 1917.

         2                  ACTING PRESIDENT MEIER:

         3       Substitution ordered.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       1917, by Member of the Assembly Weisenberg,

         7       Assembly Bill Number 5616, an act requiring

         8       the use of politically correct terminology.

         9                  ACTING PRESIDENT MEIER:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT MEIER:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT MEIER:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1918, by Senator Volker --

        21                  SENATOR SCHNEIDERMAN:    Lay it

        22       aside.

        23                  ACTING PRESIDENT MEIER:    Lay the

        24       bill aside.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 1920, Senator Fuschillo moves

         2       to discharge, from the Committee on Rules,

         3       Assembly Bill Number 8269A and substitute it

         4       for the identical Senate Bill Number 5008A,

         5       Third Reading Calendar 1920.

         6                  ACTING PRESIDENT MEIER:

         7       Substitution ordered.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       1920, by Member of the Assembly McDonough,

        11       Assembly Bill Number 8269A, an act authorizing

        12       the assessor of the County of Nassau.

        13                  ACTING PRESIDENT MEIER:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT MEIER:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT MEIER:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1921, by Senator Bonacic, Senate Bill Number

        25       5264A, an act to amend the Environmental



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         1       Conservation Law.

         2                  ACTING PRESIDENT MEIER:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT MEIER:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 60.

        10                  ACTING PRESIDENT MEIER:    The bill

        11       is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 1922, Senator Golden moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 8398A and substitute it

        16       for the identical Senate Bill Number 5423A --

        17                  SENATOR SCHNEIDERMAN:    Lay it

        18       aside.

        19                  THE SECRETARY:    -- Third Reading

        20       Calendar 1922.

        21                  ACTING PRESIDENT MEIER:

        22       Substitution ordered.

        23                  Now lay the bill aside.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 1923, Senator Stachowski moves



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         1       to discharge, from the Committee on Rules,

         2       Assembly Bill Number 8443 and substitute it

         3       for the identical Senate Bill Number 5458,

         4       Third Reading Calendar 1923.

         5                  ACTING PRESIDENT MEIER:

         6       Substitution ordered.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       1923, by Member of the Assembly Tokasz,

        10       Assembly Bill Number 8443, an act to amend the

        11       General Municipal Law.

        12                  ACTING PRESIDENT MEIER:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MEIER:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT MEIER:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1924, by Senator Young, Senate Print Number

        24       5567A, an act to amend the Tax Law.

        25                  ACTING PRESIDENT MEIER:    There is



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         1       a local fiscal impact note at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect January 1, 2006.

         5                  ACTING PRESIDENT MEIER:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  ACTING PRESIDENT MEIER:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1925, by Senator Farley, Senate Bill Number

        13       5618, an act to amend the Tax Law.

        14                  ACTING PRESIDENT MEIER:    There is

        15       a local fiscal impact note at the desk.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect March 1, 2006.

        19                  ACTING PRESIDENT MEIER:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT MEIER:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1927, by Senator Farley, Senate Bill Number

         2       5720A, an act to authorize an extension of

         3       time to file.

         4                  ACTING PRESIDENT MEIER:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT MEIER:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT MEIER:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1929, by Senator Maziarz, Senate Bill Number

        16       5849, an act to authorize the Office of Parks,

        17       Recreation and Historic Preservation.

        18                  ACTING PRESIDENT MEIER:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT MEIER:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 60.



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         1                  ACTING PRESIDENT MEIER:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1930, by Senator LaValle, Senate Bill Number

         5       5861, an act to amend the Environmental

         6       Conservation Law.

         7                  ACTING PRESIDENT MEIER:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the same date and in

        11       the same manner as a chapter of the Laws of

        12       2005.

        13                  ACTING PRESIDENT MEIER:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT MEIER:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1934, by the Assembly Committee on Rules,

        21       Assembly Bill Number 8963, an act to amend

        22       Chapter 444 of the Laws of 1987.

        23                  ACTING PRESIDENT MEIER:    Read the

        24       last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT MEIER:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT MEIER:    The bill

         7       is passed.

         8                  Senator Skelos, that completes the

         9       noncontroversial reading of Supplemental

        10       Calendar C.

        11                  SENATOR SKELOS:    Thank you, Mr.

        12       President.  If we could go to the

        13       controversial reading of Supplemental

        14       Calendar C.

        15                  ACTING PRESIDENT MEIER:    The

        16       Secretary will conduct the controversial

        17       reading of Supplemental Calendar C.

        18                  THE SECRETARY:    Calendar Number

        19       1918, by Senator Volker, Senate Bill Number

        20       4424A, an act to amend the Penal Law.

        21                  SENATOR SCHNEIDERMAN:

        22       Explanation.

        23                  ACTING PRESIDENT MEIER:    Senator

        24       Volker, Senator Schneiderman has requested an

        25       explanation of Calendar 1918.



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         1                  SENATOR VOLKER:    Mr. President,

         2       this is a bill that we've been working on for

         3       a long time to try to bring some sense to

         4       fireworks laws in this state.

         5                  Unfortunately, we've had a great

         6       difficulty because the City of New York

         7       apparently does not want a fireworks law.  The

         8       bill before you does not include the City of

         9       New York.  But even though we were told that

        10       the City of New York would not oppose it, they

        11       put out a strong memo against it today.

        12                  Now, let me tell you what I believe

        13       the reason the City of New York opposes this

        14       bill.  Because they like the fact that there's

        15       basically no laws in this state outlawing

        16       fireworks except laws that are about a hundred

        17       year old.  It's no secret that the New York

        18       City police have been confiscating fireworks,

        19       illegally in many cases.  And they like to be

        20       able to just pick up gobs of fireworks and so

        21       forth.  And I hate to say this, because I'm a

        22       law enforcement guy.

        23                  What this bill tries to do is

        24       develop a rational system of fireworks

        25       regulation.  It doesn't deal with New York



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         1       City, because New York City refuses to be part

         2       of it.  They still object to it because they

         3       said, well, you could go across into some

         4       other county and maybe get it.  Well, they do

         5       that now, because people sell fireworks all

         6       over the place.  The truth is, we've looked at

         7       the numbers.  Almost nobody gets arrested for

         8       fireworks in this state.  Handfuls of people.

         9                  Of course, in New York City they

        10       just pick up scoops of them, throw them in the

        11       dumps and things of that nature.  We realize

        12       that.  We don't do that in most of this state.

        13       We try to abide by some sort of regulation.

        14                  I'll be honest with you, the

        15       problem with this bill is that it does set

        16       up -- if you look at the history of fireworks

        17       in this state, there really isn't any

        18       regulation, the laws are so old.  We try to

        19       set up some regulation that rationally allows

        20       law enforcement people to make arrests and to

        21       keep people from being hurt in this state.

        22       And that's really what this bill is all about.

        23                  ACTING PRESIDENT MEIER:    Any

        24       other Senator wish to be heard on the bill?

        25                  Debate is closed, then.



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         1                  The Secretary will ring the bell.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 7.  This

         4       act shall take effect on the first day of

         5       November.

         6                  ACTING PRESIDENT MEIER:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT MEIER:    Announce

        10       the results.

        11                  THE SECRETARY:    Those recorded in

        12       the negative on Calendar Number 1918 are

        13       Senators Andrews, Duane, L. Krueger, LaValle,

        14       Little, Morahan, Padavan, Parker, Paterson,

        15       Sabini, Sampson, and Schneiderman.

        16                  Ayes, 48.  Nays, 12.

        17                  ACTING PRESIDENT MEIER:    The bill

        18       is passed.

        19                  Let me remind members that on

        20       controversial bills, when we conclude debate,

        21       there will be a hard and fast two minutes,

        22       after which the roll call will start.

        23                  The Secretary will continue to

        24       read.

        25                  THE SECRETARY:    Calendar Number



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         1       1922, substituted earlier today by Member of

         2       the Assembly Hikind, Assembly Bill Number

         3       8398A, an act to amend the Education Law.

         4                  SENATOR OPPENHEIMER:

         5       Explanation.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Golden, an explanation has been requested with

         8       regard to Calendar 1922.

         9                  SENATOR GOLDEN:    Thank you,

        10       Acting President.

        11                  This bill -- there are 180 school

        12       days a year that transportation is provided

        13       for in the school system.  This would allow

        14       the nonpublic schools to choose the 10 days

        15       that they believe -- up to 10 days that they

        16       believe would suit their calendar.  It would

        17       give them more flexibility.

        18                  This is not more days than the

        19       public schools; this is all within that

        20       180 days.  It's basically to cover the

        21       religious holidays, so that they can have a

        22       school break that they can have those days to

        23       choose when they transport those students.

        24                  This does not fall on a Saturday,

        25       Sunday, or a holiday.  There is no overtime,



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         1       and there is no cost.

         2                  ACTING PRESIDENT MEIER:    Senator

         3       Oppenheimer.

         4                  SENATOR OPPENHEIMER:    If Senator

         5       Golden would yield for one question.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Golden, do you yield for a question?

         8                  SENATOR GOLDEN:    Yes.

         9                  ACTING PRESIDENT MEIER:    The

        10       sponsor yields.

        11                  SENATOR OPPENHEIMER:    Thank you,

        12       Senator.

        13                  I think what you're saying is --

        14       and this is the piece that had concerned me,

        15       was I thought these were going to be

        16       10 additional days outside of the regular

        17       schedule of the public schools.

        18                  SENATOR GOLDEN:    No, I said that

        19       explicitly.  I said there's 10 days within the

        20       180 days that will be -- the nonpublic as well

        21       as the public schools get 180 days.

        22                  SENATOR OPPENHEIMER:    Well, I

        23       thank you very much, Senator.  And I'll be

        24       happy to vote for this.

        25                  SENATOR GOLDEN:    Thank you,



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         1       Senator.

         2                  ACTING PRESIDENT MEIER:    Senator

         3       Stavisky.

         4                  SENATOR STAVISKY:    If the Senator

         5       would yield.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Golden, do you yield?

         8                  SENATOR GOLDEN:    Yes, Senator.

         9                  ACTING PRESIDENT MEIER:    The

        10       sponsor yields.

        11                  SENATOR STAVISKY:    I heard you

        12       say that there would be no additional cost to

        13       the city; is that correct?

        14                  SENATOR GOLDEN:    That's correct.

        15                  SENATOR STAVISKY:    Thank you.

        16                  ACTING PRESIDENT MEIER:    Any

        17       other Senator wish to be heard on the bill?

        18                  Debate is closed, then.

        19                  The Secretary will ring the bell.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT MEIER:    Call the

        24       roll.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT MEIER:    Senator

         2       Parker, to explain his vote.

         3                  SENATOR PARKER:    Thank you, Mr.

         4       President, quickly to explain my vote.

         5                  I want to just thank Senator Golden

         6       and Assemblyman Hikind for bringing this

         7       important bill to the floor and making sure

         8       that there is some flexibility for the myriad

         9       of private and nonpublic schools throughout

        10       the state.

        11                  I have a large number in my

        12       district, and this is going to be a great help

        13       in making sure that the young people of my

        14       district are transported safely back and forth

        15       to school.

        16                  I vote aye.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Parker will be recorded in the affirmative.

        19                  Announce the results.

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT MEIER:    The bill

        22       is passed.

        23                  Senator Skelos, that completes

        24       Supplemental Calendar C.

        25                  SENATOR SKELOS:    Mr. President,



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         1       there will be a meeting of the Rules Committee

         2       at 9:00 p.m. in the Majority Conference Room.

         3                  ACTING PRESIDENT MEIER:    Meeting

         4       of the Rules Committee at 9:00 p.m. in the

         5       Majority Conference Room.

         6                  SENATOR SKELOS:    The Rules

         7       Committee will be reported to the floor, but

         8       we will not be taking up those bills this

         9       evening.

        10                  Is there any housekeeping at the

        11       desk?

        12                  ACTING PRESIDENT MEIER:    No,

        13       there is not, Senator.

        14                  SENATOR SKELOS:    Just for

        15       members' planning, we will, when we adjourn,

        16       adjourn until 9:30 a.m. tomorrow morning.

        17       Sharp.

        18                  ACTING PRESIDENT MEIER:    The

        19       Senate will stand at ease.

        20                  (Whereupon, the Senate stood at

        21       ease at 8:51 p.m.)

        22                  (Whereupon, the Senate reconvened

        23       at 9:05 p.m.)

        24                  ACTING PRESIDENT MEIER:    Senator

        25       Skelos.



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         1                  SENATOR SKELOS:    Mr. President,

         2       if we can return to reports of standing

         3       committees, there's a report of the Rules

         4       Committee at the desk.  If we could have it

         5       read at this time.

         6                  ACTING PRESIDENT MEIER:    Reports

         7       of standing committees.

         8                  The Secretary will read the report

         9       of the Rules Committee.

        10                  THE SECRETARY:    Senator Bruno,

        11       from the Committee on Rules, reports the

        12       following bills:

        13                  2847A, by Senator Little, an act to

        14       amend the Real Property Tax Law;

        15                  5492, by Senator Oppenheimer, an

        16       act to amend Chapter 390 of the Laws of 1979;

        17                  5671, by the Senate Committee on

        18       Rules, an act authorizing;

        19                  5821, by Senator Morahan, an act to

        20       amend the Executive Law;

        21                  5874, by the Senate Committee on

        22       Rules, an act to amend the Tax Law;

        23                  5875, by the Senate Committee on

        24       Rules, an act to amend the Tax Law;

        25                  5918, by Senator Winner, an act to



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         1       amend the State Finance Law;

         2                  5919, by Senator Volker, an act to

         3       amend the Public Authorities Law;

         4                  And 5920, by Senator Nozzolio, an

         5       act to amend the Penal Law.

         6                  All bills ordered direct to third

         7       reading.

         8                  SENATOR SKELOS:    Mr. President, I

         9       move to accept the report.

        10                  ACTING PRESIDENT MEIER:    All

        11       those in favor of accepting the report of the

        12       Rules Committee signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT MEIER:    Thsoe

        15       opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT MEIER:    The

        18       report is accepted.

        19                  SENATOR SKELOS:    Is there any

        20       other housekeeping at the desk?

        21                  ACTING PRESIDENT MEIER:    There is

        22       nothing left, Senator.

        23                  SENATOR SKELOS:    Thank you, Mr.

        24       President.

        25                  There being no further business to



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         1       come before the Senate, I move we stand

         2       adjourned until Friday, June 24th, at

         3       9:30 a.m. sharp.

         4                  ACTING PRESIDENT MEIER:    On

         5       motion, the Senate stands adjourned until

         6       Friday, June 24th, at 9:30 a.m. sharp.

         7                  (Whereupon, at 9:07 p.m., the

         8       Senate adjourned.)

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

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