Regular Session - June 15, 2006
4396
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 15, 2006
11 11:08 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 14, the Senate met pursuant to
18 adjournment. The Journal of Tuesday, June 13,
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 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Bonacic.
8 SENATOR BONACIC: Good morning,
9 Madam President.
10 THE PRESIDENT: Good morning,
11 Senator.
12 SENATOR BONACIC: First of all,
13 on behalf of myself, I wish to call up my
14 bill, Number 6952B, having passed both houses
15 and not delivered to the Governor.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: Calendar Number
19 726, by Senator Bonacic, Senate Print 6952B,
20 an act to authorize.
21 SENATOR BONACIC: I now move to
22 reconsider the vote by which this bill was
23 passed and ask that the bill be restored to
24 the order of third reading.
25 THE PRESIDENT: The Secretary
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1 will call the roll upon reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 41.
4 SENATOR BONACIC: Madam
5 President, I now offer up the following
6 amendments.
7 THE PRESIDENT: The amendments
8 are received.
9 Senator Fuschillo.
10 Senator Bonacic, please continue.
11 SENATOR BONACIC: Good morning
12 again.
13 THE PRESIDENT: And please
14 continue again.
15 SENATOR BONACIC: On behalf of
16 Senator Fuschillo, I wish to call up his bill,
17 Print Number 785A, recalled from the Assembly,
18 which is now at the desk.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: Calendar Number
22 45, by Senator Fuschillo, Senate Print 785A,
23 an act to amend the Tax Law.
24 SENATOR BONACIC: Madam
25 President, I now move to reconsider the vote
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1 by which the bill was passed.
2 THE PRESIDENT: The Secretary
3 will call the roll upon reconsideration.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 41.
6 SENATOR BONACIC: Madam
7 President, I now offer the following
8 amendments.
9 THE PRESIDENT: The amendments
10 are received.
11 SENATOR BONACIC: Continuing, on
12 behalf of Senator Fuschillo again, I wish to
13 call up his bill, Print Number 7556A, recalled
14 from the Assembly, which is now at the desk.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: Calendar Number
18 986, by Senator Fuschillo, Senate Print 7556A,
19 an act to authorize.
20 SENATOR BONACIC: Madam
21 President, I now move to reconsider the vote
22 by which the bill was passed.
23 THE PRESIDENT: The Secretary
24 will call the roll upon reconsideration.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 41.
2 SENATOR BONACIC: Madam
3 President, I now offer the following
4 amendments.
5 THE PRESIDENT: The amendments
6 are received.
7 SENATOR BONACIC: On behalf of
8 Senator Little, Madam President, on page
9 number 9, I offer the following amendments to
10 Calendar Number 260, Print Number 6002, and
11 ask that said bill retain its place on Third
12 Reading Calendar.
13 THE PRESIDENT: The amendments
14 are received, and the bill will retain its
15 place on the Third Reading Calendar.
16 SENATOR BONACIC: And finally, on
17 behalf of Senator Golden, on page number 72 I
18 offer the following amendments to Calendar
19 Number 1744, Senate Print Number 7885A, and
20 ask that said bill retain its place on the
21 Third Reading Calendar.
22 THE PRESIDENT: The amendments
23 are received, and the bill will retain its
24 place on the Third Reading Calendar.
25 SENATOR BONACIC: Thank you,
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1 Madam President.
2 THE PRESIDENT: You're welcome,
3 Senator.
4 Senator Fuschillo.
5 SENATOR FUSCHILLO: Madam
6 President, are there any substitutions at the
7 desk?
8 THE PRESIDENT: Yes, there are,
9 Senator.
10 The Secretary will read.
11 THE SECRETARY: On page 10,
12 Senator Breslin moves to discharge, from the
13 Committee on Rules, Assembly Bill Number 9188A
14 and substitute it for the identical Senate
15 Bill Number 6263A, Third Reading Calendar 292.
16 On page 20, Senator Padavan moves
17 to discharge, from the Committee on Cities,
18 Assembly Bill Number 10291 and substitute it
19 for the identical Senate Bill Number 7048,
20 Third Reading Calendar 614.
21 On page 22, Senator Morahan moves
22 to discharge, from the Committee on Mental
23 Health and Developmental Disabilities,
24 Assembly Bill Number 9986A and substitute it
25 for the identical Senate Bill Number 6706A,
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1 Third Reading Calendar 685.
2 On page 32, Senator DeFrancisco
3 moves to discharge, from the Committee on
4 Rules, Assembly Bill Number 10863A and
5 substitute it for the identical Senate Bill
6 Number 7365, Third Reading Calendar 914.
7 On page 40, Senator Maziarz moves
8 to discharge, from the Committee on Social
9 Services, Children and Families, Assembly Bill
10 Number 10204 and substitute it for the
11 identical Senate Bill Number 6284, Third
12 Reading Calendar 1098.
13 On page 46, Senator Bonacic moves
14 to discharge, from the Committee on Rules,
15 Assembly Bill Number 11338 and substitute it
16 for the identical Senate Bill Number 7013,
17 Third Reading Calendar 1231.
18 On page 50, Senator Maziarz moves
19 to discharge, from the Committee on Rules,
20 Assembly Bill Number 11326 and substitute it
21 for the identical Senate Bill Number 3234A,
22 Third Reading Calendar 1312.
23 On page 53, Senator Hannon moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 11236 and substitute it
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1 for the identical Senate Bill Number 5087A,
2 Third Reading Calendar 1347.
3 On page 53, Senator Volker moves to
4 discharge, from the Committee on Health,
5 Assembly Bill Number 1254 and substitute it
6 for the identical Senate Bill Number 6991,
7 Third Reading Calendar 1349.
8 On page 54, Senator Larkin moves to
9 discharge, from the Committee on Aging,
10 Assembly Bill Number 399 and substitute it for
11 the identical Senate Bill Number 62, Third
12 Reading Calendar 1366.
13 On page 63, Senator Flanagan moves
14 to discharge, from the Committee on Crime
15 Victims, Crime and Correction, Assembly Bill
16 Number 3691 and substitute it for the
17 identical Senate Bill Number 2830, Third
18 Reading Calendar 1509.
19 On page 65, Senator Little moves to
20 discharge, from the Committee on Local
21 Government, Assembly Bill Number 10485 and
22 substitute it for the identical Senate Bill
23 Number 7698, Third Reading Calendar 1541.
24 On page 65, Senator Little moves to
25 discharge, from the Committee on Local
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1 Government, Assembly Bill Number 10477 and
2 substitute it for the identical Senate Bill
3 Number 7699, Third Reading Calendar 1542.
4 On page 65, Senator Seward moves to
5 discharge, from the Committee on Local
6 Government, Assembly Bill Number 10649 and
7 substitute it for the identical Senate Bill
8 Number 7886, Third Reading Calendar 1546.
9 On page 70, Senator Robach moves to
10 discharge, from the Committee on Mental Health
11 and Developmental Disabilities, Assembly Bill
12 Number 5385 and substitute it for the
13 identical Senate Bill Number 3522, Third
14 Reading Calendar 1733.
15 On page 71, Senator Oppenheimer
16 moves to discharge, from the Committee on
17 Rules, Assembly Bill Number 10239 and
18 substitute it for the identical Senate Bill
19 Number 7186, Third Reading Calendar 1739.
20 On page 71, Senator Marcellino
21 moves to discharge, from the Committee on
22 Consumer Protection, Assembly Bill Number 9595
23 and substitute it for the identical Senate
24 Bill Number 7394, Third Reading Calendar 1740.
25 And on page 73, Senator Nozzolio
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1 moves to discharge, from the Committee on
2 Rules, Assembly Bill Number 11232 and
3 substitute it for the identical Senate Bill
4 Number 8086, Third Reading Calendar 1759.
5 THE PRESIDENT: Substitutions
6 ordered.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Madam
9 President, may we please adopt the Resolution
10 Calendar.
11 THE PRESIDENT: All in favor of
12 adopting the Resolution Calendar please
13 signify by saying aye.
14 (Response of "Aye.")
15 THE PRESIDENT: Opposed, nay.
16 (No response.)
17 THE PRESIDENT: The Resolution
18 Calendar is adopted.
19 Senator Fuschillo.
20 SENATOR FUSCHILLO: Madam
21 President, there was a previously adopted
22 resolution at the desk by Senator Golden. May
23 we please have the title read.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: By Senator
2 Golden, Legislative Resolution Number 4766,
3 memorializing Governor George E. Pataki to
4 proclaim June 2006 as Elder Abuse Awareness
5 Month in the State of New York.
6 THE PRESIDENT: Senator Golden.
7 SENATOR GOLDEN: Good morning,
8 Madam President. I rise to talk about the
9 elder abuse going on here and in the state and
10 the nation and in the world.
11 We adopted a resolution here on
12 April 25th for Elder Abuse Day here in the
13 State of New York. And today, in the
14 concourse, we have the World Health
15 Organization, in association with the
16 International Network for the Prevention of
17 Elder Abuse is observing today, June 15th, as
18 the first World Elder Abuse Awareness Day.
19 They state that abuse, neglect and
20 financial exploitation of elders is much more
21 common than society admits. Abuse to the
22 elderly within the family is no longer a
23 hushed-up, dark secret. Numerous instances of
24 harassment of senior citizens is coming to
25 light. However, a combination of fear,
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1 pressure to uphold the family name, and the
2 lack of awareness on where to turn for help
3 results in many of the cases remaining hidden.
4 If we look in our own communities
5 today, with 3 million seniors here in the
6 state of New York, and we see what I see going
7 on in Brooklyn, where we have our seniors
8 actually beaten, actually being prisoners in
9 their own homes, actual complaints of broken
10 legs and broken arms and being thrown
11 downstairs. And it's uncalled, it's
12 unnecessary, it's inhumane, and it's time that
13 we as a state and we as a nation understand
14 what's going on with this elder abuse and come
15 to terms with it.
16 Physicians and counselors who work
17 with the victims believe that for every
18 instance of abuse that is reported, there are
19 scores that never come to light.
20 The harassment ranges from neglect,
21 ill treatment, to physical harm and of course
22 the different things that I've just named of
23 these different seniors being assaulted by
24 their loved ones and arms breaking and legs
25 being broken.
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1 Many organizations receive an
2 average of 10 to 15 complaints every day of
3 abuse of elderly men and women by their own
4 children. What is worrying is that the abuse
5 is prevalent even in the well-educated strata.
6 I would like the victims of abuse
7 to know that help is available and to seek
8 assistance instead of suffering in silence.
9 And that's what today is about, and that's
10 what that conference has done back on
11 April 25th.
12 We continue to acknowledge it, and
13 we continue to assist the organizations around
14 this state, to make sure that we get this
15 dirty little family secret out and that these
16 seniors are taken care of.
17 Thank you, Madam President.
18 THE PRESIDENT: Thank you,
19 Senator Golden. That resolution was
20 previously adopted.
21 Senator Fuschillo.
22 SENATOR FUSCHILLO: Madam
23 President, please recognize Senator Farley for
24 a motion.
25 THE PRESIDENT: Senator Farley.
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1 SENATOR FARLEY: Thank you, Madam
2 President, and good morning.
3 On behalf of myself, on page 66, I
4 offer the following amendments to Calendar
5 Number 1562, Senate Print 7431, and I ask that
6 that bill retain its place on the Third
7 Reading Calendar.
8 THE PRESIDENT: The amendments
9 are received. The bill will retain its place
10 on the Third Reading Calendar.
11 Senator Fuschillo.
12 SENATOR FUSCHILLO: Madam
13 President, may we please have the reading of
14 the noncontroversial calendar.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: Calendar Number
18 292, substituted earlier by Member of the
19 Assembly McEneny, Assembly Print Number 9188A,
20 an act to amend the Real Property Tax Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 49.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 333, by Senator Morahan, Senate Print 6538A,
7 an act to repeal Chapter 635 of the Laws of
8 1973.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 6. This
12 act shall take effect July 1, 2006.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 49.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 339, by Senator Volker, Senate Print 6334B, an
20 act to amend the Tax Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 30th day.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 49.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 341, by Senator Little, Senate Print 6388C, an
7 act to amend the Tax Law.
8 THE PRESIDENT: There is a local
9 fiscal impact note at the desk.
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 48. Nays,
16 1. Senator Valesky recorded in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 353, by Senator LaValle, Senate Print 4642A,
21 an act to amend the Education Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 14. This
25 act shall take effect on the 180th day.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 49.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 432, by Senator Maziarz, Senate Print 5849D,
8 an act to amend the Parks, Recreation and
9 Historic Preservation Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 49.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 435, by Senator Volker, Senate Print 193B, an
21 act to amend the Real Property Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of January.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 48. Nays,
4 1. Senator Nozzolio recorded in the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 449, by Senator Golden, Senate Print --
9 SENATOR FUSCHILLO: Lay it aside
10 temporarily.
11 THE PRESIDENT: The bill is laid
12 aside temporarily.
13 THE SECRETARY: Calendar Number
14 521, by Senator Young, Senate Print 6956A, an
15 act to amend the Agriculture and Markets Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 49.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 537, by Senator LaValle, Senate Print 2621A,
2 an act in relation to granting.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 48. Nays,
10 1. Senator Bonacic recorded in the negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 552, by Senator Spano, Senate Print 6326A, an
15 act to amend the Education Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 356th day after
20 it shall have become a law.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 49.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 588, by Senator Saland, Senate Print 5416A, an
3 act to amend the Education Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 29. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 49.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 609, by Senator Alesi, Senate Print 1078A, an
15 act to amend the Labor Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 49.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 614, substituted earlier by Member of the
2 Assembly Silver, Assembly Print Number 10291,
3 an act to amend Chapter 890 of the Laws of
4 1982.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 50.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 615, by Senator Spano, Senate Print 4752B, an
16 act to amend the Retirement and Social
17 Security Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 6. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 50.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 662, by Senator LaValle, Senate Print 2450A,
4 an act to amend the Vehicle and Traffic Law.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the first of
9 November.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 50.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 673, by Senator LaValle, Senate Print 4716A,
17 an act to authorize.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 51. Nays,
25 1. Senator Bonacic recorded in the negative.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 678, by Senator Balboni, Senate Print 6783A,
5 an act authorizing the assessor of the County
6 of Nassau.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 52.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 685, substituted earlier today by Member of
18 the Assembly Rivera, Assembly Print Number
19 9986A, an act to amend the Mental Hygiene Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE PRESIDENT: Senator
2 Hassell-Thompson, to explain your vote.
3 SENATOR HASSELL-THOMPSON: Yes,
4 Madam President, thank you.
5 THE PRESIDENT: You're welcome.
6 SENATOR HASSELL-THOMPSON: I
7 wanted to explain that I am voting in support
8 of this bill and I'm encouraging many of my
9 colleagues to do so.
10 One of the things that I appreciate
11 is when a bill comes before us and it's weak
12 or it lacks expansion and the broadness that
13 it needs, and when a colleague takes the time
14 to listen and to change it, I'm greatly
15 appreciated.
16 Nurse practitioners have now been
17 added to this bill, and it expands the
18 capacity and capability of staff to be able to
19 add support to services. So I am now in
20 support of this bill and, as I said, I
21 encourage my colleagues to do so as well.
22 Thank you, Madam President.
23 THE PRESIDENT: And you will be
24 so recorded as voting in the affirmative,
25 Senator.
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1 The Secretary will announce the
2 results.
3 THE SECRETARY: Ayes, 53. Nays,
4 1. Senator Duane recorded in the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 694, by Senator Seward, Senate Print 6677A, an
9 act to amend the Tax Law.
10 THE PRESIDENT: There is a local
11 fiscal impact note at the desk.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 53. Nays,
18 1. Senator Valesky recorded in the negative.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 695, by Senator LaValle, Senate Print 7103A,
23 an act to amend the Tax Law.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the first day of a
3 sales tax quarterly period.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 54.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 702, by Senator Wright, Senate Print 5690, an
11 act to amend the Public Service Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 54.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 836, by Senator Larkin, Senate Print 6937, an
23 act to amend the Retirement and Social
24 Security Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 54.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 852, by Senator Robach, Senate Print 1903, an
11 act to amend the General Municipal Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 53. Nays,
19 1. Senator Duane recorded in the negative.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 882, by Senator Fuschillo, Senate Print 7686A,
24 an act to amend the General Business Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of July.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 54.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 914, substituted earlier today by Member of
11 the Assembly Weinstein, Assembly Print Number
12 10863A, an act to amend the Civil Practice Law
13 and Rules.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 54.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 921, by Senator Nozzolio, Senate Print 4358A,
25 an act to amend the Real Property Tax 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, 54.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 955, by Senator Volker, Senate Print 3602, an
12 act to amend the Education Law.
13 THE PRESIDENT: Read the last
14 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, 54.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 996, by Senator Libous, Senate Print 2497A, an
24 act to amend the Religious Corporation Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 54.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1008, by Senator Flanagan, Senate Print 7654,
11 an act to amend the Labor Law and the General
12 Municipal Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 11. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 54.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1020, by Senator Larkin, Senate Print 7224A,
24 an act to amend the Agriculture and Markets
25 Law.
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4427
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, 54.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1068, by Senator DeFrancisco, Senate Print
12 7216, an act to amend the Vehicle and Traffic
13 Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 53. Nays,
21 1. Senator Duane recorded in the negative.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1098, substituted earlier today by Member of
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4428
1 the Assembly Gottfried, Assembly Print Number
2 10204, an act to amend Chapter 693 of the Laws
3 of 1996.
4 THE PRESIDENT: Read the last
5 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 SECRETARY: Ayes, 54.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1103, by Senator Larkin --
15 SENATOR HASSELL-THOMPSON: Lay it
16 aside.
17 THE PRESIDENT: The bill is laid
18 aside.
19 THE SECRETARY: Calendar Number
20 1118, by Senator Morahan, Senate Print 5600,
21 an act to amend the Mental Hygiene 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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4429
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1133, by Senator LaValle, Senate Print 1001,
8 Concurrent Resolution of the Senate and
9 Assembly proposing an amendment to Section 26
10 of Article 6 of the Constitution.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 54.
14 THE PRESIDENT: The resolution is
15 adopted.
16 THE SECRETARY: Calendar Number
17 1214, by Senator Volker, Senate Print 3824B,
18 an act to amend the --
19 SENATOR FUSCHILLO: Lay it aside
20 for the day.
21 THE PRESIDENT: The bill is laid
22 aside for the day.
23 THE SECRETARY: Calendar Number
24 1216, by Senator LaValle, Senate Print --
25 SENATOR FUSCHILLO: Lay it aside
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1 for the day.
2 THE PRESIDENT: The bill is laid
3 aside for the day.
4 THE SECRETARY: Calendar Number
5 1231, substituted earlier by Member of the
6 Assembly Cahill, Assembly Print Number 11338,
7 an act to amend the Environmental Conservation
8 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, 54.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1269, by Senator Meier, Senate Print 7659A, an
20 act to amend the Social Services Law and the
21 Surrogate's Court Procedure Act.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 6. This
25 act shall take effect immediately.
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4431
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1271, by Senator LaValle, Senate Print 7622A,
8 an act to amend the Alcoholic Beverage Control
9 Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 54.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1276, by Senator Johnson, Senate Print 5912A,
21 an act to amend the County Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 7. This
25 act shall take effect on the 30th day.
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4432
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1298, by Senator LaValle, Senate Print 6804B,
8 an act to amend the Education 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, 54.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1312, substituted earlier today by Member of
20 the Assembly John, Assembly Print Number
21 11326, an act to amend the Labor 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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4433
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1320, by Senator Seward, Senate Print 4417, an
8 act to amend the Insurance Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 54.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1347, substituted earlier today by Member of
20 the Assembly Peoples, Assembly Print Number
21 11236, an act to amend the Public Health Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 90th day.
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4434
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1349, substituted earlier today by Member of
8 the Assembly Dinowitz, Assembly Print Number
9 1254, an act to amend the Alcoholic Beverage
10 Control Law and others.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 53. Nays,
18 1. Senator Duane recorded in the negative.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1361, by Senator LaValle, Senate Print 7101B,
23 an act to authorize.
24 THE PRESIDENT: Read the last
25 section.
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4435
1 THE SECRETARY: Section 9. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 54.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1362, by Senator Trunzo, Senate Print 7539B,
10 an act to authorize.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 10. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 54.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1366, substituted earlier today by Member of
22 the Assembly Gunther, Assembly Print Number
23 399, an act to amend the Real Property Tax
24 Law.
25 THE PRESIDENT: Read the last
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4436
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 54.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1381, by Senator Volker, Senate Print 1316, an
11 act to amend the Civil Practice Law and Rules.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE PRESIDENT: Senator
19 DeFrancisco, to explain your vote.
20 SENATOR DeFRANCISCO: Yes, I'm
21 going to vote no on this.
22 And the reason is that it should be
23 up to the trial judge in a civil case to
24 determine whether an admission that was made
25 by an individual should be admissible in that
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4437
1 civil trial.
2 There shouldn't be a blanket,
3 automatic rule of nonadmissibility, and that
4 should be at the discretion of the judge.
5 That's why I'm voting no on this.
6 THE PRESIDENT: You will be so
7 recorded as voting in the negative, Senator
8 DeFrancisco.
9 The Secretary will announce the
10 results.
11 THE SECRETARY: Ayes, 52. Nays,
12 2. Senators DeFrancisco and Winner recorded
13 in the negative.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1382, by Senator Meier, Senate Print 1479A, an
18 act to amend the Criminal Procedure Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 53. Nays,
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4438
1 1. Senator Duane recorded in the negative.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1390, by Senator Duane, Senate --
6 SENATOR FUSCHILLO: Lay it aside
7 for the day.
8 THE PRESIDENT: The bill is laid
9 aside for the day.
10 THE SECRETARY: Calendar Number
11 1408, by Senator Wright, Senate Print 6713B,
12 an act to amend the Vehicle and Traffic Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 120th day.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 54.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1411, by Senator Marchi, Senate Print 6967B,
24 an act to amend the Vehicle and Traffic Law.
25 THE PRESIDENT: Read the last
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4439
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 180th day.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 55.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1427, by Senator Alesi, Senate Print 5024C, an
11 act to amend the Vehicle and Traffic Law and
12 the State Finance Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 180th 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 1490, by Senator Saland, Senate Print 7959A,
24 an act to amend the Education Law.
25 THE PRESIDENT: Read the last
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4440
1 section.
2 THE SECRETARY: Section 4. This
3 act shall take effect July 1, 2006.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 55.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1498, by Senator LaValle, Senate Print --
11 SENATOR FUSCHILLO: Lay it aside
12 for the day.
13 THE PRESIDENT: The bill is laid
14 aside for the day.
15 THE SECRETARY: Calendar Number
16 1509, substituted earlier today by Member of
17 the Assembly Destito, Assembly Print Number
18 3691, an act to amend the Executive Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 6. This
22 act shall take effect on the first of January.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 55.
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4441
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1536, by Senator Young, Senate Print 7565B, an
5 act to amend the Real Property Tax Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1541, substituted earlier today by Member of
17 the Assembly Sweeney, Assembly Print Number
18 10485, an act to amend the General Municipal
19 Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect June 1, 2007.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 56.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1542, substituted earlier today by Member of
6 the Assembly Sweeney, Assembly Print Number
7 10477, an act to amend the General Municipal
8 Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 90th day.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 56.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1546, substituted earlier today by Member of
20 the Assembly Sweeney, Assembly Print Number
21 10649, an act to amend the Volunteer
22 Firefighters Benefit Law.
23 ACTING PRESIDENT BONACIC: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT BONACIC: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT BONACIC: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1575, by Senator LaValle, Senate Print 7614A,
10 an act to amend the Education Law.
11 ACTING PRESIDENT BONACIC: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BONACIC: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56.
19 ACTING PRESIDENT BONACIC: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1609, by Senator Wright, Senate Print 6681, an
23 act to amend the Social Services Law.
24 ACTING PRESIDENT BONACIC: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BONACIC: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: In relation to
7 Calendar Number 1609: Ayes, 55. Nays, 1.
8 Senator Montgomery recorded in the negative.
9 ACTING PRESIDENT BONACIC: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1649, by Member of the Assembly Sweeney,
13 Assembly Print Number 10982, an act to amend
14 the General Municipal Law.
15 ACTING PRESIDENT BONACIC: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 180th day.
19 ACTING PRESIDENT BONACIC: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56.
23 ACTING PRESIDENT BONACIC: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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4445
1 1650, by Senator LaValle, Senate Print 7878,
2 an act to amend the General Municipal Law.
3 ACTING PRESIDENT BONACIC: Read
4 the last section.
5 THE SECRETARY: Section 13. This
6 act shall take effect June 1, 2007.
7 ACTING PRESIDENT BONACIC: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55. Nays,
11 1. Senator Trunzo recorded in the negative.
12 ACTING PRESIDENT BONACIC: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1660, by Senator Skelos, Senate Print 8047A,
16 an act to amend the Correction Law.
17 ACTING PRESIDENT BONACIC: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of
21 November.
22 ACTING PRESIDENT BONACIC: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 56.
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4446
1 ACTING PRESIDENT BONACIC: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1733, substituted earlier today by Member of
5 the Assembly Rivera, Assembly Print Number
6 5385, an act to amend the Mental Hygiene Law.
7 ACTING PRESIDENT BONACIC: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BONACIC: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 56.
15 ACTING PRESIDENT BONACIC: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1737, by Senator Breslin, Senate Print Number
19 6505A, an act to amend the Tax Law.
20 ACTING PRESIDENT BONACIC: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BONACIC: Call
25 the roll.
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4447
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 56.
3 ACTING PRESIDENT BONACIC: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1738, by Senator Robach, Senate Print 6907, an
7 act to amend the Education Law.
8 ACTING PRESIDENT BONACIC: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BONACIC: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 56.
16 ACTING PRESIDENT BONACIC: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1739, substituted earlier today by Member of
20 the Assembly Latimer, Assembly Print Number
21 10239, an act to authorize.
22 ACTING PRESIDENT BONACIC: There
23 is a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT BONACIC: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT BONACIC: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1740, substituted earlier today --
10 SENATOR HASSELL-THOMPSON: Lay it
11 aside.
12 ACTING PRESIDENT BONACIC: The
13 bill is laid aside.
14 THE SECRETARY: Calendar Number
15 1741, by Senator Marcellino, Senate Print
16 7448, an act to authorize.
17 ACTING PRESIDENT BONACIC: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BONACIC: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 56.
25 ACTING PRESIDENT BONACIC: The
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4449
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1742, by Senator Golden, Senate Print 7838, an
4 act to amend the Penal Law.
5 ACTING PRESIDENT BONACIC: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT BONACIC: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55. Nays,
13 1. Senator Montgomery recorded in the
14 negative.
15 ACTING PRESIDENT BONACIC: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1743, by Senator Golden, Senate Print 7844B,
19 an act to amend the Administrative Code of the
20 City of New York.
21 ACTING PRESIDENT BONACIC: There
22 is a home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
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4450
1 ACTING PRESIDENT BONACIC: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55. Nays,
5 1. Senator Montgomery recorded in the
6 negative.
7 ACTING PRESIDENT BONACIC: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1745, by Senator Larkin, Senate Print 7987, an
11 act to amend the Criminal Procedure Law.
12 ACTING PRESIDENT BONACIC: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BONACIC: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 56.
20 ACTING PRESIDENT BONACIC: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1746, by Senator Bonacic, Senate Print 7990,
24 an act to amend the Private Housing Finance
25 Law.
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4451
1 ACTING PRESIDENT BONACIC: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect January 1, 2008.
5 ACTING PRESIDENT BONACIC: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56.
9 ACTING PRESIDENT BONACIC: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1747, by Senator Marcellino, Senate Print
13 7994, an act to amend the Environmental
14 Conservation Law and others.
15 ACTING PRESIDENT BONACIC: Read
16 the last section.
17 THE SECRETARY: Section 18. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BONACIC: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56.
23 ACTING PRESIDENT BONACIC: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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4452
1 1748, by Senator Marcellino, Senate Print
2 8003, an act to amend the Environmental
3 Conservation Law.
4 ACTING PRESIDENT BONACIC: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BONACIC: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56.
12 ACTING PRESIDENT BONACIC: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1749, by Senator Libous, Senate Print 8031, an
16 act to amend the Vehicle and Traffic Law and
17 the General Business Law.
18 ACTING PRESIDENT BONACIC: Read
19 the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BONACIC: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 56.
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1 ACTING PRESIDENT BONACIC: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1751, by Senator Meier, Senate Print 8036, an
5 act to amend the Alcoholic Beverage Control
6 Law.
7 ACTING PRESIDENT BONACIC: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BONACIC: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 56.
15 ACTING PRESIDENT BONACIC: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1753, by Senator Johnson, Senate Print 8052,
19 an act to establish.
20 ACTING PRESIDENT BONACIC: Read
21 the last section.
22 THE SECRETARY: Section 9. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BONACIC: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 55. Nays,
3 1. Senator Duane recorded in the negative.
4 ACTING PRESIDENT BONACIC: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1754, by Senator Skelos, Senate Print 8063, an
8 act to amend the Public Authorities Law.
9 ACTING PRESIDENT BONACIC: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BONACIC: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 56.
17 ACTING PRESIDENT BONACIC: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1755, by Senator Leibell, Senate Print 8064,
21 an act to amend the Real Property Tax Law.
22 ACTING PRESIDENT BONACIC: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT BONACIC: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 56.
5 ACTING PRESIDENT BONACIC: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1756, by Senator Balboni, Senate Print 8069,
9 an act to amend the Executive Law.
10 ACTING PRESIDENT BONACIC: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BONACIC: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BONACIC:
18 Senator Balboni, to explain your vote.
19 SENATOR BALBONI: Yes,
20 Mr. President. I want to just take an
21 opportunity -- we don't normally get a chance
22 to talk about this little-known agency that
23 the State of New York has formed: the Cyber
24 Security and Critical Infrastructure
25 Coordination, CSCIC.
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1 This is an organization that was
2 created after 9/11. It actually had it has
3 roots before the turn of the century. And it
4 is one of the real gems of New York State.
5 It leads the effort nationally, and
6 its director, Will Pelgrin, has an
7 international reputation as being one of the
8 best when it comes to cyber security and
9 understanding the dangers of the Internet and
10 protection of the cyber infrastructure of the
11 state.
12 This is a very simple bill. It
13 just basically transfers what the Department
14 of Transportation would do in terms of
15 transportation maps, and also talks about
16 metadata, which is a new phenomenon in
17 electronics and in computers.
18 But the point here is that
19 oftentimes we overlook the great work that we
20 have done in this state. And we should all be
21 proud of this type of an agency, particularly
22 its director, Will Pelgrin.
23 So I vote aye, Mr. President.
24 Thank you very much.
25 ACTING PRESIDENT BONACIC: Thank
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1 you, Senator Balboni.
2 Announce the results.
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT BONACIC: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1757, by Senator Libous, Senate Print 8071, an
8 act to amend the State Finance Law and the
9 Vehicle and Traffic Law.
10 ACTING PRESIDENT BONACIC: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BONACIC: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT BONACIC: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1758, by Senator Spano, Senate Print 8081, an
22 act to amend the Penal Law.
23 ACTING PRESIDENT BONACIC: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 120th day.
2 ACTING PRESIDENT BONACIC: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 55. Nays,
6 2. Senators Hassell-Thompson and L. Krueger
7 recorded in the negative.
8 ACTING PRESIDENT BONACIC: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1759, substituted earlier today by Member of
12 the Assembly Magee, Assembly Print Number
13 11232, an act to amend Chapter 211 of the Laws
14 of 2005.
15 ACTING PRESIDENT BONACIC: Call
16 read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BONACIC: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT BONACIC: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1760, by Senator Bonacic, Senate Print 8087,
2 an act to establish.
3 ACTING PRESIDENT BONACIC: Read
4 the last section.
5 THE SECRETARY: Section 12. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BONACIC: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT BONACIC: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1761, by Senator Maziarz, Senate Print 8090,
15 an act to amend the Environmental Conservation
16 Law.
17 ACTING PRESIDENT BONACIC: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BONACIC: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT BONACIC: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1762, by Senator Little, Senate Print 8092, an
4 act to legalize, validate, ratify and confirm.
5 ACTING PRESIDENT BONACIC: There
6 is a home-rule message at the desk.
7 Read the last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BONACIC: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT BONACIC: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1763, by Senator Nozzolio, Senate Print 8093,
18 an act to amend the Tax Law.
19 ACTING PRESIDENT BONACIC: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BONACIC: Call
24 the roll call.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT BONACIC: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1764, by Senator Skelos, Senate Print 8096, an
6 act to amend the Judiciary Law.
7 ACTING PRESIDENT BONACIC: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BONACIC: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT BONACIC: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1765, by Senator Little, Senate Print 8097, an
19 act to authorize and direct.
20 ACTING PRESIDENT BONACIC: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BONACIC: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT BONACIC:
3 Senator Sabini, to explain his vote.
4 SENATOR SABINI: Thank you,
5 Mr. President.
6 I want to commend Senator Little on
7 this bill and alert my colleagues that I have
8 a bill that would expand the definition where
9 we would avoid a situation like we had this
10 February.
11 This February, students who were
12 observant Muslims were given the opportunity
13 to either take the test, high-stakes English
14 aptitude test in third to fifth grade on the
15 day it was scheduled, which happened to be
16 Eid, or take it on another day.
17 Now, in the city of New York about
18 10 percent of our school-age populations are
19 various forms of Muslim -- African, South
20 Asian, East Asian. And they already feel
21 isolated as children in our school environment
22 now, and enforcing further isolation I think
23 is wrong.
24 So I hope that we will address this
25 situation before we leave in the coming weeks
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1 and direct the State Education Department not
2 to force kids to take tests on days when they
3 are observing very important religious
4 holidays.
5 I vote aye.
6 ACTING PRESIDENT BONACIC: Thank
7 you, Senator Sabini.
8 Announce the results.
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT BONACIC: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1766, by Senator Meier, Senate Print 8099, an
14 act to amend the Parks, Recreation and
15 Historic Preservation Law and the Vehicle and
16 Traffic Law.
17 ACTING PRESIDENT BONACIC: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BONACIC: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT BONACIC: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1768, by Senator Wright, Senate Print 8101, an
4 act to amend the Education Law.
5 SENATOR HASSELL-THOMPSON: Lay it
6 aside.
7 ACTING PRESIDENT BONACIC: The
8 bill is laid aside.
9 THE SECRETARY: Calendar Number
10 1770, by Senator Little, Senate Print 8112, an
11 act to amend Chapter 540 of the Laws of 1992.
12 ACTING PRESIDENT BONACIC: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BONACIC: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT BONACIC: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1774, by Senator Padavan, Senate Print 8122,
24 an act to amend the Civil Service Law.
25 ACTING PRESIDENT BONACIC: Read
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1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BONACIC: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT BONACIC: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1779, by Senator Little, Senate Print 8146, an
12 act to amend the Criminal Procedure Law.
13 ACTING PRESIDENT BONACIC: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BONACIC: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 56. Nays,
21 1. Senator Duane recorded in the negative.
22 ACTING PRESIDENT BONACIC: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1781, by Senator Saland, Senate Print 8149, an
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1 act to amend the Education Law.
2 ACTING PRESIDENT BONACIC: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT BONACIC: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT BONACIC: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1782, by Senator Little --
14 SENATOR FUSCHILLO: Lay it aside
15 for the day.
16 ACTING PRESIDENT BONACIC: The
17 bill is laid aside for the day.
18 THE SECRETARY: Calendar Number
19 1783, by Senator Golden, Senate Print 8152, an
20 act to amend the Family Court Act.
21 ACTING PRESIDENT BONACIC: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BONACIC: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BONACIC:
4 Senator Montgomery.
5 SENATOR MONTGOMERY: Yes,
6 Mr. President. 1781, which we just passed --
7 ACTING PRESIDENT BONACIC: Yes,
8 Senator?
9 SENATOR MONTGOMERY: I would like
10 to register an opposition to that legislation.
11 ACTING PRESIDENT BONACIC:
12 Senator Montgomery, the rules of the house are
13 that you have to be present and vote when the
14 vote comes up. So --
15 SENATOR MONTGOMERY: I was
16 present, Mr. President, and I was standing to
17 vote no on that bill, and in fact to speak on
18 it, and it just went without recognizing me.
19 ACTING PRESIDENT BONACIC:
20 Senator Montgomery, unfortunately, you have to
21 be present to be recorded no on that vote.
22 However, for the record, you have
23 expressed an intention to be -- had you been
24 present, you would have voted no on that
25 particular bill. And according to our rules,
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1 that's the best that we can do.
2 SENATOR MONTGOMERY: Mr.
3 President, just as a slight correction, I was
4 present on that vote, but I intended to vote
5 no. And I would like the record to show that
6 I intended to be no on that particular bill.
7 SENATOR FUSCHILLO: Without
8 objection.
9 ACTING PRESIDENT BONACIC:
10 Without objection, Senator Montgomery will be
11 voted no on Bill Number 1781.
12 SENATOR FUSCHILLO: Mr.
13 President.
14 ACTING PRESIDENT BONACIC: Yes,
15 Senator Fuschillo, why do you rise?
16 SENATOR FUSCHILLO: The vote was
17 already taken. My "without objection" was to
18 note for the record that Senator Montgomery
19 would have voted in the negative on the bill.
20 We're not changing the vote, just
21 without objection that she would have voted
22 negative. That's for the record. Thank you.
23 Please continue.
24 ACTING PRESIDENT BONACIC: The
25 Secretary will read.
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1 THE SECRETARY: Calendar Number
2 1783, by Senator Golden, Senate Print 8152, an
3 act to amend the Family Court Act.
4 ACTING PRESIDENT BONACIC: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BONACIC: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT BONACIC: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1784, by Senator Johnson --
16 SENATOR HASSELL-THOMPSON: Lay it
17 aside.
18 ACTING PRESIDENT BONACIC: The
19 bill is laid aside.
20 THE SECRETARY: Calendar Number
21 1786, by Senator Spano, Senate Print 8159, an
22 act to amend a chapter of the Laws of 2006,
23 amending the Labor Law.
24 ACTING PRESIDENT BONACIC: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BONACIC: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT BONACIC: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1787, by Senator Golden --
11 SENATOR HASSELL-THOMPSON: Lay it
12 aside.
13 ACTING PRESIDENT BONACIC: The
14 bill is laid aside.
15 The Secretary will read the
16 supplemental calendar.
17 THE SECRETARY: Calendar Number
18 739, by Senator Meier, Senate Print 7045A, an
19 act to amend the Social Services Law.
20 SENATOR HASSELL-THOMPSON: Lay it
21 aside.
22 ACTING PRESIDENT BONACIC: The
23 bill is laid aside.
24 THE SECRETARY: Calendar Number
25 1330, by Senator Skelos, Senate Print 7493A,
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1 an act to amend the Eminent Domain Procedure
2 Law.
3 ACTING PRESIDENT BONACIC: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BONACIC: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT BONACIC: The
12 bill is passed.
13 That completes the noncontroversial
14 reading of the calendar.
15 SENATOR FUSCHILLO: Mr.
16 President.
17 ACTING PRESIDENT BONACIC:
18 Senator Fuschillo.
19 SENATOR FUSCHILLO: Will you
20 please take up Calendar Number 449. That was
21 laid aside temporarily on noncontroversial.
22 ACTING PRESIDENT BONACIC: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 449, by Senator Golden, Senate Print 1197, an
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1 act to amend the Penal Law.
2 ACTING PRESIDENT BONACIC: Read
3 the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the first of
6 November.
7 ACTING PRESIDENT BONACIC: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BONACIC: The
11 Secretary will announce the results.
12 THE SECRETARY: Those recorded in
13 the negative on Calendar Number 449 are
14 Senator Andrews, Duane, Hassell-Thompson,
15 L. Krueger, Montgomery, Parker and A. Smith.
16 Ayes, 50. Nays, 7.
17 ACTING PRESIDENT BONACIC: The
18 bill is passed.
19 Senator Fuschillo.
20 SENATOR FUSCHILLO: Mr.
21 President, will you please return to motions
22 and resolutions and recognize Senator Farley.
23 ACTING PRESIDENT BONACIC:
24 Motions and resolutions.
25 Senator Farley.
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1 SENATOR FARLEY: Thank you,
2 Mr. President.
3 On behalf of Senator Spano, on page
4 40 I offer the following amendments to
5 Calendar Number 1101, Senate Print 7816, and I
6 ask that this bill retain its place on the
7 Third Reading Calendar.
8 ACTING PRESIDENT BONACIC: The
9 amendments are received, and the bill will
10 retain its place on the Third Reading
11 Calendar.
12 SENATOR FARLEY: On behalf of
13 Senator Leibell, Mr. President, on page 70 I
14 offer the following amendments to Calendar
15 Number 1721, Senate Print 7713, and I ask that
16 that bill retain its place on the Third
17 Reading Calendar.
18 ACTING PRESIDENT BONACIC: The
19 amendments are received, and the bill will
20 retain its place on the Third Reading
21 Calendar.
22 SENATOR FARLEY: Mr. President,
23 on behalf of Senator Little, on page 35 I
24 offer the following amendments to Calendar
25 Number 990, Senate Print 7755, and I ask that
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1 that bill retain its place on the Third
2 Reading Calendar.
3 ACTING PRESIDENT BONACIC: The
4 amendments are received, and the bill will
5 retain its place on the Third Reading
6 Calendar.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Mr.
9 President, may we please have the reading of
10 the controversial calendar.
11 ACTING PRESIDENT BONACIC: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1103, by Senator Larkin, Senate Print 853A, an
15 act to amend the General Municipal Law.
16 SENATOR LIZ KRUEGER:
17 Explanation.
18 ACTING PRESIDENT BONACIC:
19 Senator Larkin, an explanation has been
20 requested.
21 The bill number, by the way, is
22 1103.
23 SENATOR LARKIN: I don't know who
24 asked for the explanation.
25 ACTING PRESIDENT BONACIC:
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1 Senator Krueger.
2 SENATOR LARKIN: This bill amends
3 the General Municipal Law as it pertains to
4 IDAs.
5 What it does here, it provides
6 technical and financial assistance to
7 agriculture producers that grow, harvest,
8 produce or process agricultural products in
9 this state. We believe that such assistance
10 could be strategic and offer other services.
11 We want to be able to help them in developing
12 a financial or a business plan. It can also
13 include low-interest loans. Exactly what
14 we're doing now with IDAs.
15 I don't know what you have in the
16 city of Manhattan, but in the --
17 SENATOR SCHNEIDERMAN: Borough.
18 Borough.
19 SENATOR LARKIN: Same difference.
20 But in the country, we have a lot
21 of areas that are agriculture, Liz. And right
22 now the competition coming in from all over
23 the world makes it imperative that if we're
24 able to keep some of these farm wineries, we
25 have to do something that will enable them to
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1 be moving forward.
2 What we've also done is we've
3 defined the projects that can be assisted.
4 The definition of agricultural projects that
5 is used in this bill is the same definition
6 that is used in the Ag and Markets Law when it
7 comes to defining ag districts and real
8 property agricultural assessments.
9 This is supported statewide by
10 farms, by fruit farms, by onion growers, by
11 everything else because it's considered a
12 vehicle for them to stay in business and to be
13 able to pay their bills.
14 ACTING PRESIDENT BONACIC:
15 Senator Krueger, why do you rise?
16 SENATOR LIZ KRUEGER: Thank you.
17 I'd like the sponsor to yield, please.
18 ACTING PRESIDENT BONACIC:
19 Senator Larkin, will you yield?
20 SENATOR LARKIN: Yes,
21 Mr. President.
22 ACTING PRESIDENT BONACIC:
23 Senator Krueger.
24 SENATOR LIZ KRUEGER: Thank you.
25 Thank you for the explanation, Senator.
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1 My one question for you is as I
2 read this bill -- and I understand your
3 argument, it's to support local agriculture,
4 and I have no argument there.
5 But as I read the bill, is it
6 possible that someone who was producing
7 agricultural products outside of New York
8 State could then take advantage of this law in
9 manufacturing, processing, or warehousing? Or
10 would this be specific to agricultural
11 products that were New York State-grown?
12 SENATOR LARKIN: I think we can
13 turn that around, Liz. And I appreciate your
14 question about it.
15 But if I owned the land in -- say,
16 in the Hudson Valley -- and I can specifically
17 say someone who has land. I don't know them,
18 I'm just saying this. And some of them have
19 500, 600, 700 acres, and it's a combination of
20 grapes and fruits and whatever else.
21 They own the land. They've been
22 paying taxes on it for 10 or 15 years. But
23 yes, they may live in Pennsylvania or
24 something. But the responsibility for the
25 maintenance, the care, the taxes and
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1 everything else is done in the State of
2 New York on behalf of the State of New York
3 and on behalf of the property that they own.
4 SENATOR LIZ KRUEGER: Thank you.
5 Again, Mr. President, if, through
6 you, the sponsor would yield for an additional
7 question.
8 ACTING PRESIDENT BONACIC:
9 Senator Larkin?
10 SENATOR LARKIN: Yes.
11 ACTING PRESIDENT BONACIC: Yes,
12 Senator Krueger.
13 SENATOR LIZ KRUEGER: Thank you.
14 Again, thank you for your
15 explanation. Perhaps I didn't ask my question
16 correctly, so I'll try to repeat it.
17 My only concern here is a scenario
18 where, under this bill, someone who's growing
19 their products outside of New York -- a
20 company who's manufacturing in New York but
21 might be buying corn from Iowa or grapes from
22 California or some other agricultural
23 product -- would be able to take advantage of
24 this.
25 So just to clarify, this would only
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1 apply to New York State-grown agriculture?
2 SENATOR LARKIN: This bill is
3 very definitive. It must be on land in
4 New York State, and the produce must be
5 developed and come through the ground up to us
6 to get it out and get it to the market. It
7 has to be our land, and the produce here is
8 coming from that land.
9 So you can't ship something in from
10 California or ship something to California and
11 expect to get it. It has to be -- in other
12 words, we have a term upstate that we call
13 home-grown. Breslin knows it; he's been on a
14 farm, I think.
15 SENATOR LIZ KRUEGER: Thank you.
16 Thank you.
17 Just on the bill briefly,
18 Mr. President.
19 ACTING PRESIDENT BONACIC:
20 Senator Krueger, on the bill.
21 SENATOR LIZ KRUEGER: I thank the
22 sponsor for his clarification.
23 Again, the reasoning for my
24 question was I didn't want us to accidentally
25 pass a law that would actually allow some kind
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1 of special tax exemptions or special
2 advantages for companies who might be
3 manufacturing or warehousing here in New York
4 State but weren't, in fact, in the business of
5 supporting New York State agriculture but
6 rather were going to slide in.
7 And I know that now, the sponsor
8 certainly doesn't intend that, and accept his
9 clarification that this would only be for
10 New York State agricultural products and their
11 manufacture and warehousing.
12 So I will support the bill. Thank
13 you, Mr. President.
14 ACTING PRESIDENT BONACIC: Thank
15 you, Senator Krueger.
16 Any other Senator wishing to be
17 heard?
18 The debate is closed.
19 The Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BONACIC: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: In relation to
2 Calendar Number 1103, those recorded in the
3 negative: Senator Duane.
4 Absent from voting: Senators
5 Connor and Sampson.
6 Ayes, 57. Nays, 1.
7 ACTING PRESIDENT BONACIC: The
8 bill is passed.
9 I'm going to ask the members could
10 they please stay in their seats as we continue
11 and move along with the controversial
12 calendar.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1740, by Member of the Assembly Pheffer,
16 Assembly Print Number 9595 --
17 SENATOR SCHNEIDERMAN:
18 Explanation.
19 ACTING PRESIDENT BONACIC:
20 Senator Marcellino, an explanation has been
21 asked for.
22 SENATOR MARCELLINO: Thank you,
23 Mr. President. This bill provides --
24 ACTING PRESIDENT BONACIC: Out of
25 respect for Senator Marcellino, could we
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1 please have less noise in the chambers. Thank
2 you.
3 Senator Marcellino.
4 SENATOR MARCELLINO: This bill
5 provides that all renewal notices for magazine
6 subscriptions shall include the month and year
7 of the expiration of the subscriber's current
8 subscription, either on the order card, the
9 renewal offer, or the mailing label on the
10 invitation to renew that is packaged with an
11 issue of the magazine.
12 ACTING PRESIDENT BONACIC:
13 Senator Schneiderman, why do you rise?
14 SENATOR SCHNEIDERMAN: Thank you.
15 If the sponsor would yield for a question.
16 ACTING PRESIDENT BONACIC:
17 Senator Marcellino, do you yield?
18 SENATOR MARCELLINO: Yes.
19 ACTING PRESIDENT BONACIC:
20 Senator Schneiderman.
21 SENATOR SCHNEIDERMAN: I notice
22 that this bill applies to publishers of
23 magazines. Is the intention of the sponsor to
24 require that other distributors and
25 independent agencies that sell subscriptions
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1 also be required to disclose the month and
2 year in which the subscription expires?
3 SENATOR MARCELLINO: Senator, I
4 apologize, but I could not hear your question
5 completely. Would you please repeat it?
6 SENATOR SCHNEIDERMAN: The
7 question is this. The bill explicitly relates
8 to publishers of magazines sold by
9 subscription.
10 And my question is, there are now
11 many other intermediaries in subscription
12 services and private businesses that sell
13 subscriptions. Is the sponsor's intent that
14 those parties also be required to disclose the
15 month and year in which a subscription
16 expires, as required of publishers by this
17 bill?
18 SENATOR MARCELLINO: Perhaps you
19 can provide me with an example.
20 SENATOR SCHNEIDERMAN: Through
21 you, Mr. President, there are subscription
22 services that are not publishers of a magazine
23 but still sell subscriptions. They provide --
24 they buy -- you know, they're intermediates,
25 as it were. They're middlemen who --
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1 SENATOR MARCELLINO: The answer
2 is yes.
3 SENATOR SCHNEIDERMAN: So the
4 intent is to cover everyone who sells
5 subscriptions?
6 SENATOR MARCELLINO: Yes.
7 SENATOR SCHNEIDERMAN: Thank you,
8 Mr. President. Thank the sponsor.
9 ACTING PRESIDENT BONACIC: Any
10 other Senator wishing to be heard?
11 The debate is closed.
12 The Secretary will ring the bell.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 60th day.
16 ACTING PRESIDENT BONACIC: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar Number 1740, those Senators absent
21 from voting: Senators Connor, Diaz and
22 Sampson.
23 Ayes, 57. Nays, 0.
24 ACTING PRESIDENT BONACIC: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1768, by Senator Wright, Senate Print 8101, an
3 act to amend the Education Law.
4 SENATOR OPPENHEIMER:
5 Explanation, please.
6 ACTING PRESIDENT BONACIC:
7 Senator Wright, an explanation has been
8 requested.
9 SENATOR WRIGHT: Thank you,
10 Mr. President.
11 The bill before us establishes a
12 uniform standard for transfers by students in
13 grades 9 through 12. Currently, the standards
14 are different across the state in different
15 sections, so this would provide for a uniform
16 standard and would also provide for a uniform
17 appeal process.
18 SENATOR OPPENHEIMER: If the
19 sponsor would yield.
20 ACTING PRESIDENT BONACIC:
21 Senator Oppenheimer, why do you rise?
22 SENATOR OPPENHEIMER: Would the
23 sponsor yield.
24 ACTING PRESIDENT BONACIC:
25 Senator Wright, do you yield to a question?
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1 SENATOR WRIGHT: Certainly,
2 Mr. President.
3 SENATOR OPPENHEIMER: I have a
4 couple of questions.
5 My first question, Senator Wright,
6 is why does the state have an interest in
7 allowing recruiting amongst schools?
8 SENATOR WRIGHT: We are not
9 encouraging or allowing the recruiting among
10 schools. We are simply providing for a
11 uniform standard so that all of the students
12 in this state are treated in a fair and
13 equitable and consistent manner regardless of
14 where you reside in the state. That is our
15 interest.
16 ACTING PRESIDENT BONACIC:
17 Senator Oppenheimer.
18 SENATOR OPPENHEIMER: If the
19 Senator will would yield.
20 ACTING PRESIDENT BONACIC:
21 Senator Wright, will you yield?
22 SENATOR WRIGHT: I will continue
23 to yield.
24 ACTING PRESIDENT BONACIC:
25 Senator Oppenheimer.
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1 SENATOR OPPENHEIMER: Well, you
2 have my curiosity. What is the inequity that
3 you see that requires the standardization?
4 SENATOR WRIGHT: Well, for
5 example, Senator, in Section III I happen to
6 have a constituent who is now being denied
7 eligibility for a one-year period. Were this
8 individual a resident of Section II, the
9 maximum ineligibility would have been
10 20 percent of the schedule. So that's the
11 inequity.
12 SENATOR OPPENHEIMER: All right.
13 We may have a difference in opinion on that.
14 One more question, if the sponsor
15 would yield.
16 ACTING PRESIDENT BONACIC:
17 Senator Wright, will you continue to yield?
18 SENATOR WRIGHT: Certainly,
19 Mr. President.
20 ACTING PRESIDENT BONACIC:
21 Senator Oppenheimer.
22 SENATOR OPPENHEIMER: Well, the
23 question is, why are we getting involved with
24 the rules of an independent, voluntary
25 organization which has always existed?
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1 SENATOR WRIGHT: The reason
2 being, Mr. President, is that we have spent
3 the last eight months trying to work with that
4 independent, voluntary organization, which
5 appears to be accountable to no one, is
6 unresponsive and unwilling to address the
7 issues and concerns presented to them.
8 And therefore, this is the recourse
9 available to us to protect the rights of the
10 students in question.
11 SENATOR OPPENHEIMER: Thank you
12 very much, Senator Wright.
13 If I may, on the bill, please.
14 SENATOR WRIGHT: Thank you,
15 Mr. President.
16 ACTING PRESIDENT BONACIC:
17 Senator Oppenheimer, on the bill.
18 SENATOR OPPENHEIMER: We may have
19 a disagreement.
20 I mean, there are definite rules
21 between the sections that you were referring
22 to. And your bill would override the rules
23 for the transfer of high school student
24 athletes. That these rules were adopted by
25 the New York State High School Athletic
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1 Association, and they have been in place. So
2 you're looking to override the rules that are
3 currently in place.
4 And I think this legislation would
5 open the door wide for recruiting of high
6 school athletes. Students would be encouraged
7 to jump from school to school regardless of
8 where they live in search of the very best
9 athletic program to seek more playing time or
10 to play for a different coach, one that they
11 perceive is a better coach.
12 The primary function of schools in
13 my opinion, humble as it may be, is to educate
14 children, and it is not to play sports. And I
15 think the Senate should allow the current
16 process to work.
17 In August, the New York State High
18 School Athletic Association, which regulates
19 sports, will be reviewing the ideas in this
20 legislation and consider altering their rules
21 to address what the sponsor's concerns are.
22 So I don't think the New York State
23 Senate should be injecting themselves into the
24 workings of an independent institution and the
25 decision of the members of the New York State
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1 High School Athletic Association.
2 I will be voting in the negative.
3 Thank you.
4 ACTING PRESIDENT BONACIC:
5 Senator LaValle, why do you rise?
6 SENATOR LaVALLE: Thank you,
7 Mr. President. On the bill.
8 ACTING PRESIDENT BONACIC: On the
9 bill, Senator LaValle.
10 SENATOR LaVALLE: I rise to
11 support Senator Wright's legislation.
12 Senator Oppenheimer, the sections
13 are independent bodies. Their rules are
14 arbitrary and capricious, with no review.
15 They plant their feet and don't really have
16 processes to evaluate legitimate complaints.
17 Certainly there are a lot of
18 complaints that, you know -- we want to
19 protect the student. That's most important.
20 A lot of parents get involved, and a lot of
21 people get involved, so you do need a body to
22 screen these grievances.
23 Many years ago we had, in our
24 section, Rule 13, that did not allow students
25 to play both scholastic and out-of-high-school
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1 sports. I can remember getting a call from
2 Governor Cuomo, who supported legislation that
3 I had, because the sections fold their arms,
4 say thank you very much, and really take a
5 walk.
6 And so Senator Wright has been, in
7 trying to deal with grievances in his area,
8 has been forced, really -- because of, I'm
9 sure, not an adequate opportunity to discuss
10 it, to have some sort of due process -- has
11 come to the last resort, and that is the
12 Legislature.
13 Now, I agree with you that we can't
14 be every week dealing with different changes.
15 But I'm sure -- Senator Wright is a very
16 reasoned, deliberate individual. And when he
17 comes to this body with a piece of
18 legislation, I am sure that his constituents
19 and his office have been pushed to absolute
20 frustration to come here.
21 So I have had more than one
22 situation with the individual body, and I tell
23 you, Senator, there is no room for due
24 process. It's their way or the highway.
25 I am going to support and vote in
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1 the affirmative on Senator Wright's
2 legislation.
3 ACTING PRESIDENT BONACIC: Thank
4 you, Senator LaValle.
5 Does any other member wish to be
6 heard?
7 Senator Stachowski.
8 SENATOR STACHOWSKI: Yes, I also
9 rise to support Senator Wright's legislation.
10 Being very familiar with some of
11 the sections, and having it pointed out that
12 some sections have different rules on
13 transfers, how long you have to sit out, and
14 the fact that most sections participate in the
15 state championships -- where our section, if
16 you're not a public school, you're a Catholic
17 school, you're not allowed to participate. So
18 that's different than everybody else's.
19 And Senator Wright just pointed out
20 Section II is a 20 percent of the season
21 maximum of sitting out if you transfer, where
22 a lot of other places, it's a full year. It
23 is in our area.
24 The fact is that the public schools
25 that talk about and hammer away at recruiting
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1 often are the people that do some of the best
2 recruiting themselves, moving students in and
3 out of their district.
4 We had the benefit of having a
5 school, because of a school closing -- and I
6 coach at a Catholic school, by the way. And
7 that's the highest target, usually, is the
8 Catholic school's recruit.
9 Which was kind of humorous to us,
10 because we had a young man transfer -- after
11 the inner-city Catholic school closed down, he
12 came out to the school that I coach at. And
13 interestingly enough, his father, when sitting
14 down with us, was sharing stories of the
15 various public schools that had called his
16 house and said, We will provide you with a
17 house that you will live in, and et cetera, as
18 long as you come to our school. But none of
19 those schools recruit, so . . .
20 The interesting fact is you can
21 transfer -- and even out here, there's stories
22 about students whose families have moved to
23 another district so they could play. Say if
24 they had a daughter, she would play for a
25 better women's basketball program and end up
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1 going to, say, Boston College. Just picking a
2 school. And maybe she went to Shenendehowa,
3 because it's got a great women's basketball
4 program. I'm not saying that that actually
5 happened, but I could probably produce the
6 last name with that story.
7 So for those reasons and the fact
8 that the public schools do dig in that way --
9 as Senator LaValle so perfectly illustrated,
10 that it's always their way or the highway,
11 there's no room for discussion, there's no
12 room for compromise. And so I believe that if
13 Senator Wright could have gotten some kind of
14 compromise or action, this bill wouldn't be in
15 front of us.
16 If they would take a unified action
17 statewide, which they claim to take in their
18 memo that they immediately sent out to
19 everybody upon the arrival of this bill coming
20 out of Rules, well, then, we wouldn't be
21 standing here debating this bill and we would
22 have a reasonable solution, hopefully.
23 And because he seems to have gotten
24 their attention, I think it's a good thing to
25 vote for Senator Wright's bill.
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1 Thank you.
2 ACTING PRESIDENT BONACIC: Thank
3 you, Senator Stachowski.
4 Senator Hannon, why do you rise?
5 SENATOR HANNON: I support the
6 bill. But to kind of put a word of caution in
7 everybody's mind.
8 Both through some proposed
9 legislation in regard to having schools
10 establish a uniform policy on concussions, and
11 working with the state school boards and the
12 State Athletic Association, and through the
13 involvement of my daughters, each in three
14 varsity sports that have done things
15 statewide, I found out that our 700 high
16 schools have numerous athletic teams in each
17 high school -- some say over a hundred teams
18 per high school -- and that there are numerous
19 coaches of fairly decent influence in many of
20 the communities throughout the state.
21 They, on a volunteer basis, will
22 work on the sections, they arrive at policy,
23 they will do all of this.
24 If we start overriding this without
25 careful consideration, and I'm not saying --
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1 and I'm supporting this bill, so this is
2 appropriate. If we start overriding this,
3 we're going to be embroiled in difficulties
4 far beyond what we had imagined.
5 So what Senator Wright has
6 addressed is a stalemate of this policymaking,
7 but there are numerous others that are out
8 there -- the number of tournaments, the way
9 the participate, how they're selected, when
10 they take place, who is eligible, whether they
11 go beyond certain sections. It goes on and
12 on.
13 I actually think that we're lucky
14 because most of these people are doing it on a
15 volunteer basis. They don't get paid very
16 much to begin with, a few thousand dollars a
17 year, even people with great reputations at
18 being at their high schools year after year.
19 But what we have to do is be
20 cautious. And you may hear about this down
21 the road, this vote, because people are
22 prominent in their community and actually
23 looking to Senators to address it. And just
24 tell them it was a gridlock that had to be
25 resolved.
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1 Thank you.
2 ACTING PRESIDENT BONACIC: Thank
3 you, Senator Hannon.
4 Any other member wish to be heard?
5 Senator Wright, to close.
6 SENATOR WRIGHT: Thank you,
7 Mr. President.
8 I appreciate the comments of my
9 colleagues, particularly Senators LaValle and
10 Stachowski, because they have both accurately
11 reflected the stonewalling that has occurred
12 for some eight months now.
13 I too am not one who introduces
14 legislation solely for the sake of passing
15 bills. I think if you look at my history,
16 you'll see that that's the case. This is the
17 last choice to try to achieve some degree of
18 equity.
19 Equally important is the fact we
20 were not arbitrary in how we decided this. We
21 have modeled it after the rules and
22 regulations that are currently in place and
23 being utilized by Section II. So it's not
24 some random thing we've selected, but in
25 looking at the various policies across the
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1 state we chose the one that is most fair and
2 equitable and currently does work in
3 Section II.
4 So that is the intent. I
5 appreciate the support of my colleagues and
6 look forward to the vote.
7 Thank you, Mr. President.
8 ACTING PRESIDENT BONACIC: Thank
9 you, Senator Wright.
10 The debate is closed.
11 The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of July.
15 ACTING PRESIDENT BONACIC: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BONACIC:
19 Senator Oppenheimer, to explain her vote.
20 SENATOR OPPENHEIMER: I can
21 sympathize with what the Senator is saying.
22 And I think the best opportunity
23 for changing the way the High School Athletic
24 Association operates is to make your voice
25 heard in August when they are going to convene
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1 and hopefully develop a procedure where
2 disagreements can be heard and hopefully
3 resolved.
4 So I'm going to vote no now. I
5 hope that they will see a change in the rules
6 in August, permit people to come before them,
7 be heard, and get a fair resolution to the
8 dispute.
9 ACTING PRESIDENT BONACIC: Thank
10 you, Senator Oppenheimer. You will be
11 recorded in the negative.
12 Announce the results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 1768 are
15 Senators Hassell-Thompson, Oppenheimer,
16 Schneiderman and A. Smith.
17 Absent from voting: Senators Diaz
18 and Sampson.
19 Ayes, 54. Nays, 4.
20 ACTING PRESIDENT BONACIC: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1784, by Senator Johnson, Senate Print 8153,
24 an act to amend the State Law.
25 SENATOR HASSELL-THOMPSON:
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1 Explanation.
2 ACTING PRESIDENT WINNER: Senator
3 Johnson, an explanation is asked for.
4 SENATOR JOHNSON: The State of
5 New York has had a state fish for years. It's
6 the brook trout.
7 Now, the greatest amount of fishing
8 in New York State is done in saltwater. I
9 felt it was appropriate to have a saltwater
10 state fish in addition to the freshwater state
11 fish. So that's why I introduced the striped
12 bass, which is the favorite sport fish of
13 fishermen in this state.
14 Thank you.
15 ACTING PRESIDENT WINNER:
16 Senator LaValle.
17 SENATOR LaVALLE: Thank you,
18 Mr. President.
19 This chamber has not heard a debate
20 between Senator Johnson and I in many years on
21 fishing bills. I am not going to debate him;
22 I'm going to speak on the bill.
23 This chamber has heard many debates
24 on the issue of striped bass. I, representing
25 the east end of Long Island -- of course, in
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1 all of Long Island, we have sports fishermen.
2 But the east end has the real commercial
3 fishing fleets, or what is left of the once
4 proud fishing fleets that dotted many areas in
5 the east end, from Brookhaven all the way out
6 to Montauk.
7 The issue of the striped bass and
8 the reason why I'm not going to support this
9 bill has led to the demise of a good part of
10 the commercial fishing fleet on eastern Long
11 Island. Many of the commercial fishermen, and
12 I've talked about this, have had a rich
13 history of generation upon generation upon
14 generation to have fished commercially in the
15 waters or on the waters of Long Island.
16 Many of those people have had to
17 just quit fishing. Commercial fishing is not
18 an easy business. And that business has been
19 made more difficult each and every year by
20 more regulation by the DEC and legislation
21 that has passed this house giving them the
22 authority to regulate size of the fish, the
23 gear used, and it could go on and on and on.
24 They bear -- they pay taxes, they
25 have to deal with the regulation. And I can
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1 tell you, the fleet in Montauk has been
2 reduced greatly. The fleet -- the Shinnecock
3 Canal is reduced, the Shinnecock Inlet is
4 reduced greatly, and so we have a mere vestige
5 of a commercial fishing fleet that
6 historically provided for the consumer over
7 many, many decades.
8 To name the striped bass as the
9 state fish I think is inappropriate when it
10 played a role in destroying the commercial
11 fishing industry on Long Island and maybe in
12 other parts of the state. And so I'm going to
13 cast, at that appropriate time, a negative
14 vote on this bill representing the commercial
15 fishing industry.
16 ACTING PRESIDENT WINNER: Senator
17 Johnson.
18 SENATOR JOHNSON: I'd like to
19 explain my vote.
20 ACTING PRESIDENT WINNER: Senator
21 Johnson, we're not on a roll call yet. If
22 you'd like to be on the bill.
23 SENATOR JOHNSON: On the bill.
24 It all goes together.
25 ACTING PRESIDENT WINNER: Thank
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1 you, Senator Johnson.
2 SENATOR JOHNSON: Now, in the
3 early '70s when I was elected, the big tragedy
4 in the fishery around Long Island was the
5 diminishing of striped bass. Their level was
6 so low, almost historically low.
7 And the reason was that the
8 commercial fishermen were taking fish too
9 small. They found at that time they couldn't
10 reproduce until they were 24 inches long, and
11 they were taking up to -- 16 inches was the
12 minimum, and they were taking every fish they
13 could get.
14 The Hudson River historically was a
15 nursery for striped bass, but because we kept
16 taking them too small, after a while -- and
17 the fishermen said to us: You shouldn't
18 interfere, because God sends them, and they go
19 away and God will send more back. And I said,
20 God can't send them back if you take away the
21 reproducing fish. So there was quite a battle
22 about that.
23 But at that time a bill that I put
24 in place, a 24-inch limit at that time, helped
25 to bring back the fishery. And this is one of
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1 the great success stories of fishery
2 management by the DEC and maybe by other
3 people than commercial fishermen having an
4 interest in these fish.
5 I think it's very appropriate that
6 we recognize the wonderful results that have
7 come out of our regulation of these fish,
8 because now you can catch a fish when you want
9 to. You can catch legal-size fish. You go
10 out surf-casting and catch these fish in the
11 water. You can catch them in the Hudson River
12 now.
13 But at that time the fish were so
14 low here, there was hardly any reproduction.
15 We had to depend on fish swimming up from the
16 Chesapeake Bay there, which was a good
17 hatchery at that time, and catching them
18 around the Island when they came up.
19 So I think we have to recognize the
20 great success and celebrate the fact that
21 these fish are here for us to catch. As well
22 as other fish, which are now regulated --
23 which some people don't like, but it's the
24 same story. If they don't reproduce, they're
25 not going to be back.
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1 So we did a weakfish bill. And
2 they said why did we do a weakfish bill,
3 there's no weakfish. Well, if I pass a bill
4 regulating weakfish and there's no weakfish,
5 why do you say don't do it? If there are no
6 weakfish, as you say, then don't do it.
7 So we put in regulation about
8 weakfish -- size limits, catch limits, season
9 limits -- and the weakfish came back.
10 And we're doing that now with
11 winter flounder, summer flounder. All the
12 fish around the Island are regulated one way
13 or another, to keep a continuous supply of
14 fish for recreational purposes and for
15 consumption.
16 So we're just celebrating now the
17 great success. And everyone who fishes around
18 the Island just loves the fact that those fish
19 are there and they can enjoy the recreation
20 and eat those fish.
21 So we're celebrating that success,
22 and I hope you'll all join us in celebrating
23 it by passing this bill. Thank you.
24 ACTING PRESIDENT WINNER: Any
25 other Senator wish to be heard?
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1 The debate is closed.
2 The Secretary will ring the bell.
3 Read the last section.
4 Senator Alesi, to explain his vote.
5 SENATOR ALESI: Thank you,
6 Mr. President.
7 I don't mean any disrespect. I'm
8 just sitting here thinking about all the bills
9 I have in the Rules Committee that I'd like to
10 debate. But that's beside the point.
11 The fact of the matter is there
12 aren't any striped bass where I live. If I
13 were going to have a state fish, I think it
14 should be the black bass or the small-mouth
15 bass.
16 But in view of the fact that we
17 have other things to do, I'll just vote no.
18 ACTING PRESIDENT WINNER: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT WINNER: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT WINNER: Senator
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1 LaValle.
2 SENATOR LaVALLE: Mr. President,
3 I rise to explain my vote.
4 I hate to be the skunk at Senator
5 Johnson's celebration, but I vote no on behalf
6 of a proud industry on the east end of Long
7 Island. And I vote no.
8 ACTING PRESIDENT WINNER: Senator
9 LaValle will be recorded in the negative.
10 Results.
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 1784:
13 Senators Alesi, Andrews, Coppola, Dilan,
14 Duane, Gonzalez, Hassell-Thompson, Klein,
15 LaValle, Montgomery, Parker, Robach, Sabini,
16 Schneiderman, A. Smith, M. Smith, Stavisky and
17 Volker.
18 Those Senators absent from voting:
19 Senators Diaz and Sampson.
20 Ayes, 40. Nays, 18.
21 ACTING PRESIDENT WINNER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1787, by Senator Golden, Senate Print 8160, an
25 act to amend the Transportation Law.
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1 ACTING PRESIDENT WINNER: Can we
2 have some order, please.
3 SENATOR HASSELL-THOMPSON:
4 Explanation.
5 ACTING PRESIDENT WINNER: Senator
6 Golden, an explanation has been asked for.
7 SENATOR GOLDEN: This bill is a
8 city bill and a state bill, statewide bill,
9 that would allow for intermodal dollars to be
10 used in the trimming of trees.
11 And the reason we're looking at the
12 pruning and trimming of trees in the city and
13 state of New York is because of what they
14 block and the accidents that we have because
15 of stop signs and lights across the city and
16 state of New York that are blocked by these
17 trees. And this would allow for those that
18 could allot some of their intermodal money
19 towards that could have the option of doing
20 so.
21 ACTING PRESIDENT WINNER: Senator
22 Sabini.
23 SENATOR SABINI: Mr. President,
24 if the sponsor would yield for a question.
25 ACTING PRESIDENT WINNER: Senator
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1 Golden, do you yield?
2 SENATOR GOLDEN: I do.
3 ACTING PRESIDENT WINNER: The
4 Senator yields.
5 SENATOR SABINI: Multimodal money
6 is considered part of a capital plan, is it
7 not?
8 SENATOR GOLDEN: Yes, it is,
9 Mr. President.
10 SENATOR SABINI: Mr. President,
11 on the bill.
12 ACTING PRESIDENT WINNER: Senator
13 Sabini, on the bill.
14 SENATOR SABINI: I have a couple
15 of problems with this bill. Senator Golden,
16 the sponsor, served on the city council with
17 me, and we always had a problem with tree
18 pruning. And certainly as an issue of safety,
19 which this bill addresses, is an important
20 one. We want to make sure that those traffic
21 signals aren't obstructed by trees and that
22 people aren't hurt.
23 But I don't know if this is the way
24 to do it. Taking capital money for expense is
25 not the way to go. I think we all know that.
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1 We've all heard examples of that being a
2 catastrophe for governmental entities, the
3 City of New York in the '70s and other places.
4 And while I appreciate the fact
5 that it's necessary, I see a slippery slope
6 here. And I think if we're fiscally
7 responsible, we would say this is not a good
8 thing to do with capital money, it's not why
9 we passed the five-year capital plan for
10 transportation. That was for our
11 infrastructure, for our roads and bridges.
12 For our railroads, for bus lines, things that
13 have a long-term capital cost.
14 In fact, if it was for tree
15 planting I'd be for it, because a tree has a
16 life span of some time. But tree pruning is
17 essentially an expense item.
18 Now, you know, you can say, Well,
19 this is just a small item. But that's how you
20 get in trouble. Today, trees; tomorrow,
21 Medicaid. It's not, to me, the way to go.
22 I'll also cite the sponsor's memo.
23 Now, it says currently -- in the
24 justifications, Currently legislators are
25 allocated multimodal funds to use for capital
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1 projects located within his or her district.
2 Now, I read in the newspaper that
3 we were supposed to see lists of these
4 legislative funds on May 15th. Now, I may
5 have missed the story, but I haven't seen
6 anyone's list but members of the minority.
7 I don't get any multimodal funds in
8 my discretionary budget, and I don't know of
9 anybody in my conference that's gotten lots of
10 them either recently.
11 So if these monies are being
12 allocated, I would hope that in the interest
13 of good budgeting, if there are such monies
14 being allocated to legislators, as the
15 sponsor's memo says, that they're done for
16 capital items that are true capital items.
17 I sympathize with the Parks
18 Department of the City of New York needing
19 money to prune trees. This was a constant
20 battle. The sponsor -- and I acknowledge, the
21 sponsor and I know that it was always a big
22 battle to get the mayor to allocate money for
23 tree pruning.
24 But to come and take it out of
25 state capital money is really ridiculous.
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1 It's like wanting to take it out of city
2 capital money. They won't do it. You don't
3 take it out of city expense money; they won't
4 do it.
5 So instead, let's go where it's
6 easy, where there's a big chunk of money, in
7 the five-year plan that we worked so hard on
8 as a Legislature, with both houses involved,
9 and take it out of there.
10 I just think that that's wrong. I
11 am not against tree pruning. I am not against
12 safety on the highways. But I am against
13 taking capital money for an expense item like
14 this.
15 I'll be voting no, Mr. President.
16 ACTING PRESIDENT WINNER: Senator
17 Oppenheimer.
18 SENATOR OPPENHEIMER: Thank you,
19 Mr. President.
20 I was going to talk on the bill. I
21 was going to talk earlier on two bills that
22 had a similar situation in it, where monies
23 for school districts were coming from bonding,
24 capital program for annual expense items.
25 And while I will support -- did
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1 support those bills and will support this,
2 because I understand that our colleagues, you
3 know, have problems in their individual
4 districts. And this seems to be the only way
5 that they can find the necessary funding.
6 But I have said this on the floor
7 before, and I hope I don't have to say it too
8 much more often, but when I was getting my
9 M.B.A. at Columbia I had a professor who was
10 clever, and he said there really are 11
11 Commandments. And the 11th Commandment is
12 "Thou shalt not capital expense items." And I
13 believe that.
14 And I will be supporting this, but
15 I just hope that we can get our act together
16 so that we don't have to keep doing this,
17 because it is a slippery slope. And it's
18 gotten a lot of our communities and school
19 districts in trouble, and it just really has
20 to stop.
21 Thank you.
22 ACTING PRESIDENT WINNER: Senator
23 Morahan.
24 SENATOR MORAHAN: Mr. President,
25 would the sponsor yield?
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1 SENATOR GOLDEN: Yes,
2 Mr. President.
3 ACTING PRESIDENT WINNER: The
4 Senator yields.
5 SENATOR MORAHAN: Senator Golden,
6 in suburbia and rural parts of the state, the
7 tree trimming is normally done by a power and
8 light company or a utility company, to protect
9 their lines and to make sure that the branches
10 are clear so that there's no outages in
11 storms, or they minimize the outages.
12 Would utilities be able to apply
13 for multimodal money?
14 SENATOR GOLDEN: No, they would
15 not.
16 This money would be used for the
17 maintenance and preservation of trees. I know
18 that one of my colleagues stated he'd be for
19 tree planting but not for tree pruning. Well,
20 tree pruning keeps the tree alive. But I'm
21 not going to go into that area.
22 What I wanted to say is that these
23 are used to maintain or move trees that are
24 blocking highways and construction jobs, and
25 these trees are removed and can be used by
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1 that municipality for the use of that purpose.
2 SENATOR MORAHAN: But it would be
3 restricted to --
4 ACTING PRESIDENT WINNER: Senator
5 Morahan, are you asking him to yield?
6 SENATOR MORAHAN: Yes,
7 Mr. President, if he would continue to yield.
8 ACTING PRESIDENT WINNER: Senator
9 Golden, do you yield?
10 SENATOR GOLDEN: Yes,
11 Mr. President.
12 ACTING PRESIDENT WINNER: The
13 Senator yields.
14 SENATOR MORAHAN: I want a clear
15 understanding. This multimodal money would
16 not be available to anyone other than
17 municipalities?
18 SENATOR GOLDEN: That is correct,
19 Mr. President.
20 SENATOR MORAHAN: Thank you.
21 ACTING PRESIDENT WINNER: Thank
22 you, Senator Morahan.
23 Senator Montgomery.
24 SENATOR MONTGOMERY: Yes,
25 Mr. President. Would the sponsor yield for
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1 just one question or clarification?
2 ACTING PRESIDENT WINNER: Senator
3 Golden, do you yield?
4 SENATOR GOLDEN: Yes, I do,
5 Mr. President.
6 ACTING PRESIDENT WINNER: The
7 Senator yields.
8 SENATOR MONTGOMERY: Through you,
9 Mr. President, Senator, the Thruway Authority
10 just did a substantial increase in the fares
11 on the Thruway, the tolls and other charges.
12 It was my understanding that the Thruway
13 Authority is responsible for the maintenance
14 of the Thruway. Does that not include making
15 sure that the signs are visible at least on
16 that highway?
17 SENATOR GOLDEN: Yes, that is
18 true, Mr. President.
19 But this is -- this is maintained
20 by the municipalities for the Parks to be able
21 to go out and to remove trees, trim trees for
22 getting to highways or blocking stop signs or
23 blocking lights.
24 Anybody that represents a city or
25 town understands the concern here that you can
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1 run up a street and not see a stop sign. We
2 need to be able to get them trimmed so that we
3 can save life and limb. And if you're from
4 the city of New York, you would especially
5 know that.
6 SENATOR MONTGOMERY: Thank you.
7 Mr. President, just briefly on the
8 bill.
9 ACTING PRESIDENT WINNER: Senator
10 Montgomery, on the bill.
11 SENATOR MONTGOMERY: I have great
12 concerns. Certainly in my district we have
13 tried to use the funds that are available to
14 us under this particular intermodal program to
15 upgrade some of the streets. We have a major
16 thruway that we're trying to replace. That's
17 the Gowanus Thruway. We're hoping to be able
18 to replace that. We have major capital
19 expenditures that we need in upgrading streets
20 and otherwise.
21 So I would hate to see us begin to
22 take away those funds for the purpose of
23 trimming the trees. I just think that the
24 city should be able to find alternative ways
25 of making sure that that part of the
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1 maintenance process is taken care of without
2 using the capital funds.
3 So I'm going to vote no on this
4 bill.
5 ACTING PRESIDENT WINNER: Senator
6 Krueger.
7 SENATOR LIZ KRUEGER: Thank you,
8 Mr. President. If the sponsor would yield.
9 ACTING PRESIDENT WINNER: Senator
10 Golden, do you yield?
11 SENATOR GOLDEN: Yes, I do,
12 Mr. President.
13 ACTING PRESIDENT WINNER: The
14 Senator yields.
15 SENATOR LIZ KRUEGER: Thank you.
16 So part of the discussion so far
17 has been appropriate uses of multimodal funds,
18 whether it's operating or capital.
19 How much multimodal funds are there
20 in the budget, and where would we find that?
21 SENATOR GOLDEN: I believe you'd
22 probably have to look that up. I'm not sure,
23 Mr. President.
24 SENATOR LIZ KRUEGER: Mr.
25 President, through you, if the sponsor would
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1 continue to yield.
2 ACTING PRESIDENT WINNER: Senator
3 Golden, do you yield?
4 SENATOR GOLDEN: I do,
5 Mr. President.
6 ACTING PRESIDENT WINNER: The
7 Senator yields.
8 SENATOR LIZ KRUEGER: Thank you.
9 In the memo it discusses an
10 individual legislator being able to allocate
11 multimodal funds for capital projects in his
12 or her district. How much are your multimodal
13 funds for your district?
14 SENATOR GOLDEN: I have no idea,
15 Mr. President. I'm sure when it comes to the
16 time for my multimodal money that's being
17 distributed to the City of New York, I will
18 discuss that with the City of New York.
19 SENATOR LIZ KRUEGER: Mr.
20 President, if the sponsor would continue to
21 yield.
22 ACTING PRESIDENT WINNER: Senator
23 Golden, do you continue to yield?
24 SENATOR GOLDEN: I do indeed,
25 Mr. President.
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1 ACTING PRESIDENT WINNER: The
2 Senator yields.
3 SENATOR LIZ KRUEGER: Thank you.
4 I believe by your last answer you
5 believe that the money is distributed to the
6 City of New York, not to individual
7 legislators. Is that your understanding, or
8 did I hear you correctly?
9 SENATOR GOLDEN: I believe,
10 Mr. President, that multimodal money is
11 distributed in the Assembly to the members and
12 in the Senate to the members.
13 And where there is intermodal money
14 needed, we give that to the districts that
15 need them, and we talk -- and I talk to the
16 City of New York, who is my municipality. And
17 I'm sure my colleagues do that as well.
18 SENATOR LIZ KRUEGER: Thank you,
19 Mr. President. If the sponsor would continue
20 to yield.
21 ACTING PRESIDENT WINNER:
22 Senator, do you yield?
23 SENATOR GOLDEN: I do,
24 Mr. President.
25 ACTING PRESIDENT WINNER: The
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1 Senator yields.
2 SENATOR LIZ KRUEGER: Thank you.
3 I believe I just received a memo
4 that clarified, just for the record, that in
5 the state fiscal year 2006-2007 Executive
6 Budget there was $50 million appropriated for
7 multimodal, representing the second year of a
8 five-year, $350 million multimodal program
9 established in the 2005-2006 budget.
10 So my question to the Senator, now
11 that I've gotten my numbers correct, don't you
12 think we should have a further discussion of
13 what's happening with over $50 million a year
14 in multimodal money, and should it not concern
15 you as well as me that you don't know how much
16 there is, how it's being spent, or even what
17 allocation you have, before we move down the
18 road of changing the rules for the use of
19 multimodal money?
20 SENATOR GOLDEN: Mr. President, I
21 would love to discuss that with her upon that
22 time.
23 But right now I'm discussing a bill
24 that allows me and others here in the Senate
25 and the Assembly to move intermodal money into
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1 trimming and pruning of trees. And if we can
2 stay on that discussion, I'd be glad to do
3 that.
4 ACTING PRESIDENT WINNER: Point
5 well-taken, Senator.
6 SENATOR LIZ KRUEGER: Oh. Thank
7 you for your editorial, Mr. President.
8 ACTING PRESIDENT WINNER: You're
9 welcome, Senator.
10 SENATOR LIZ KRUEGER: On the
11 bill, Mr. President.
12 ACTING PRESIDENT WINNER: Senator
13 Krueger, on the bill.
14 SENATOR LIZ KRUEGER: Thank you.
15 One debate within this bill is
16 whether or not multimodal monies should be
17 allowed to be moved from a capital use to an
18 operating use. According to the state
19 comptroller's office, all multimodal projects
20 must meet the following general requirements:
21 A 10-year bondable service life, and must meet
22 program's legislative intent relating to the
23 specific mode as indicated and outlined, and
24 must be for public transportation or freight
25 transportation purposes.
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1 Unfortunately, even if I think that
2 tree pruning is a valuable service for
3 communities -- and certainly the City of
4 New York desperately always needs more funds
5 for our parks and our trees -- it seems clear
6 to me that the legislative intent and language
7 that was used to apply to the approval of
8 multimodal funds makes it clear that this
9 isn't the right funding stream for this
10 specific purpose.
11 But I also think that there's a
12 serious argument to be made that this is
13 another pot of money that has been moved
14 through the budget without any serious
15 discussion or information provided to the
16 public.
17 The sponsor himself admits he has
18 no idea how much money is there, what it's
19 more, or even what he might be being allocated
20 for his district, even though this is money
21 that technically has been available now since
22 the 2005-2006 year.
23 This is another slush fund of money
24 that we in this Legislature choose to never
25 actually explain to our constituents or to the
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1 public. Why are we allocating funds without
2 ever line-iteming-out what these monies will
3 be used for, who is getting them, and in fact
4 who is not getting them? Not unlike the
5 debate we are having here and in the press --
6 and, for myself, in the courts -- about
7 member-item money.
8 So I will vote no on this bill for
9 several reasons. It is not an appropriate use
10 of multimodal funds under the definitions that
11 have been applied to the use of them. But it
12 is also inappropriate for this house to
13 continue to move forward pretending there's no
14 problem with not being able to answer the
15 questions of the public, what is the money,
16 what is it being used for, who, where, what,
17 when, and why. It doesn't meet any of the
18 tests.
19 So I'll be voting no.
20 Thank you, Mr. President.
21 ACTING PRESIDENT WINNER: Any
22 other Senator wish to be heard?
23 The debate is closed.
24 The Secretary will ring the bell.
25 Read the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT WINNER: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT WINNER: Senator
7 Coppola, to explain his vote.
8 SENATOR COPPOLA: Thank you,
9 Mr. President, to explain my vote.
10 While I've always been a strong
11 advocate for pruning trees and proper
12 maintenance of trees in the city that I
13 represented for over six years, I will not be
14 able to support this legislation for a couple
15 of reasons.
16 One of them being that for well
17 over five years, I sponsored legislation to
18 add additional funds to our capital budget for
19 the pruning and proper maintenance of trees,
20 which were neglected for well over 25 years by
21 previous administrations. In each and every
22 year we were told two things: that providing
23 capital funding for the pruning and
24 operational expenses, the needs for those
25 trees, may be counter to New York State law,
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1 number one; and, number two, the Buffalo
2 Fiscal Stability Authority, which was enacted
3 and approved and put onto the City of Buffalo
4 by this Legislature, each and every year said
5 it was fiscally irresponsible to bond funds
6 for the operational needs to prune trees in
7 the city of Buffalo or anywhere else.
8 And each and every year that I
9 engaged in debate with the control board over
10 our needs, for the same reasons that the
11 sponsor cites, they would say that they
12 understood that our highways and byways were
13 somewhat unsafe because the trees weren't
14 being pruned and the lighting was poor. They
15 would say that they knew that the trees needed
16 to be pruned, because there were multiple
17 liabilities that were costing the city
18 thousands, to the tune of $10,000 per month
19 for tree limbs that were falling. They
20 consistently denied that expense, saying that
21 it was fiscally imprudent to bond funds for
22 tree pruning or even, in some cases, tree
23 removal.
24 So I cannot not support this
25 legislation because I actually believed them,
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1 at a certain point, that it was fiscally
2 imprudent. So we did put aside monies through
3 our operational budget, and we did it the best
4 and most equitable way.
5 And furthermore, I would not be
6 able to support this legislation that I've
7 been so ardently supporting the proper pruning
8 and maintenance of trees in my city -- which
9 in fact, through this legislation, the
10 district that I represent will not see one
11 dime of that money. So I could not be
12 supporting this.
13 I vote no, Mr. President.
14 ACTING PRESIDENT WINNER: The
15 Senator will be recorded in the negative.
16 Senator Oppenheimer, to explain her
17 vote.
18 SENATOR OPPENHEIMER: Yes, I just
19 decided I'm going to vote no.
20 It's a different situation from the
21 one that was earlier today with the two school
22 districts, because they really had nowhere to
23 turn.
24 But in this case the sponsor
25 himself has called this work that is done,
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1 he's called it maintenance. And we all are
2 saying the same thing, that maintenance should
3 not go into capital funding.
4 And I believe that also -- I
5 certainly as a mayor made sure that my trees
6 were trimmed and the signs could be read and
7 there were no tree limbs hanging over our
8 necessary wiring. So there's no reason that
9 New York City shouldn't be under the same
10 observance that all of us are.
11 So I'm going to be voting no.
12 ACTING PRESIDENT WINNER: Senator
13 Oppenheimer will be recorded in the negative.
14 Senator Golden.
15 SENATOR GOLDEN: Thank you,
16 Mr. President.
17 I just want to correct, for the
18 record, the money does -- I heard a comment
19 made before, and I just want to correct the
20 comment. The money does go to the
21 municipality, in consultation with the
22 members. And I want to make sure that they
23 are aware of that.
24 And it's also audited by the
25 Comptroller of the State of New York. So I
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1 want that also to be on the record as well.
2 ACTING PRESIDENT WINNER: Thank
3 you, Senator Golden.
4 Senator Golden will be recorded in
5 the affirmative.
6 Senator Krueger, to explain her
7 vote.
8 SENATOR LIZ KRUEGER: Thank you.
9 Thank you, Senator Golden, for your
10 clarification.
11 One point I wanted to make that I
12 neglected to make in my objection, this is
13 also the type of money that is moving through
14 what we call memorandums of understanding,
15 MOUs within the budget, secret deals where the
16 public never has access.
17 And because, again, we continue to
18 exempt ourself from FOIL laws allowing the
19 public to find out how we are deciding to
20 spend monies in the budget, this is not the
21 kind of information that, at least under
22 existing rules, the public will ever be able
23 to point out.
24 So again, I will vote no on
25 multiple reasons. Thank you.
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1 ACTING PRESIDENT WINNER: Senator
2 Krueger will be recorded in the negative.
3 Senator Sabini.
4 SENATOR SABINI: To explain my
5 vote, Mr. President.
6 I just want to note that in
7 deference to the sponsor's home county, a tree
8 grows in Brooklyn; I just don't feel we should
9 pay state capital money to prune it.
10 ACTING PRESIDENT WINNER: How do
11 you vote, Senator?
12 SENATOR SABINI: I vote no.
13 ACTING PRESIDENT WINNER: Senator
14 Sabini will be recorded in the negative.
15 Results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 1787 are
18 Senators Andrews, Breslin, Connor, Coppola,
19 Dilan, Duane, Gonzalez, Hassell-Thompson,
20 Klein, L. Krueger, Montgomery, Onorato,
21 Oppenheimer, Parker, Paterson, Sabini, Savino,
22 Schneiderman, Serrano, A. Smith, Stachowski,
23 Stavisky and Valesky. Also Senator
24 Malcolm Smith.
25 Those Senators absent from voting:
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1 Senators Balboni, Diaz, C. Kruger and Sampson.
2 Ayes, 32. Nays, 24.
3 ACTING PRESIDENT WINNER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 739, by Senator Meier, Senate Print 7045A, an
7 act to amend the Social Services Law.
8 ACTING PRESIDENT WINNER: Senator
9 Schneiderman.
10 SENATOR SCHNEIDERMAN: Thank you,
11 Mr. President. If the sponsor would yield for
12 a question.
13 SENATOR MEIER: Certainly.
14 SENATOR SCHNEIDERMAN: I want to
15 try and move things along rapidly here; some
16 of our members have appointments with Tiger
17 Woods and other things they have to attend to.
18 This is a piece of legislation that
19 changes the law relating to the persons who
20 are required to report suspicion of abuse or
21 maltreatment of a child.
22 And I would just like to ask the
23 sponsor, in order to speed this up and focus
24 our inquiry, for teachers and others who work
25 in our schools, what is the current procedure
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1 and how would this bill change the current
2 procedure?
3 ACTING PRESIDENT WINNER: Senator
4 Meier, do you yield?
5 SENATOR MEIER: Yes, I do, and
6 I'll be happy to answer the Senator's
7 question.
8 Mr. President, really what this
9 bill does is it resolves the question of when
10 is a mandatory reporter not a mandatory
11 reporter.
12 And under the present situation,
13 the law makes a school official a mandatory
14 reporter. That term, under the present law,
15 is widely agreed to include teachers.
16 ACTING PRESIDENT WINNER:
17 Senator, can you suffer an interruption?
18 SENATOR MEIER: Certainly.
19 ACTING PRESIDENT WINNER: Can we
20 have some order so we can resolve this debate.
21 Thank you.
22 SENATOR MEIER: The present
23 procedure, however, in most schools, when a
24 teacher --
25 ACTING PRESIDENT WINNER:
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1 Senators, could we have some order in the
2 chamber, please. Give Senator Meier the
3 courtesy of your attention.
4 SENATOR MEIER: The present
5 procedure in most schools, when a teacher or a
6 school nurse notes a case of suspected abuse,
7 is to then refer to a designated reporting
8 agent. That designated reporting agent is
9 normally a school administrator, the
10 principal, maybe even the school
11 superintendent.
12 And what this makes clear in this
13 bill is that the teacher and the school nurse
14 are mandatory reporters. They themselves are
15 to make the report. And it eliminates the
16 danger of a report sitting on a school
17 administrator's desk for several days.
18 We know of cases like that where
19 that has happened. We also know of cases
20 where the reporting agent, perhaps the
21 building principal or the superintendent,
22 avoids making the report because he or she
23 thinks that they, quote, unquote, know the
24 family.
25 So it makes clear what we believe
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1 is in the existing law and prohibits an
2 additional layer of review or approval.
3 ACTING PRESIDENT WINNER: Senator
4 Schneiderman.
5 SENATOR SCHNEIDERMAN: Thank you,
6 Mr. President. On the bill.
7 This is an extremely difficult
8 area. I note that there's opposition to this
9 from the School Boards Association and from
10 the New York State United Teachers.
11 However, having examined it, I
12 think that the sponsor really has taken great
13 pains to ensure that this is not something
14 that disrupts the process in our schools. And
15 this is clearly a work in progress. We've
16 expanded gradually the numbers of people and
17 the types of people that have to report abuse.
18 In my view, it is still vastly underreported.
19 And while I sympathize with the
20 teachers for wanting a clear chain of command
21 and for the desire to centralize the
22 information with one official that can make
23 sure it's consistent, this legislation, as I
24 read it, still also requires that that
25 designated school official be the recipient of
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1 that information.
2 So with that, I'm going to be
3 voting in support of the bill, and with the
4 hope that we can continue to work towards a
5 situation in which all suspicion of child
6 abuse gets promptly reported to the proper
7 authorities and that we can continue to try
8 and protect our children.
9 Thank you, Mr. President.
10 ACTING PRESIDENT WINNER: Senator
11 Hassell-Thompson.
12 SENATOR HASSELL-THOMPSON: Thank
13 you, Mr. President. Just on the bill.
14 I too want to rise to support this
15 bill, primarily because I think that when
16 teachers, as well as nurses and others, are
17 held responsible for reporting, somehow the
18 nuances of that reporting gets lost when it
19 goes through another administrative body.
20 Having been a pediatric nurse and
21 during the -- I was a pediatric nurse from
22 1963 until 1971. And a lot of the cases that
23 came before us, there was no vehicle until
24 after 1973 to begin to address the issues of
25 child abuse. And at that time I was an infant
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1 daycare director, but we were responsible for
2 making the reporting through our
3 administrators.
4 Sometimes, when you're not present,
5 when issues happen, the ability to translate
6 the importance of what you see and what you
7 recognize is totally lost in the transition.
8 And so I think that this is totally
9 appropriate, and I'd like to ensure that we
10 allow people that we hold responsible to be
11 responsible in a timely fashion.
12 And I commend you, Senator Meier,
13 on this particular bill.
14 ACTING PRESIDENT WINNER: Any
15 other Senator wish to be heard?
16 Debate is closed.
17 The Secretary will ring the bell.
18 Senator Skelos.
19 SENATOR SKELOS: While the bell
20 is being rung, I just want to point out that
21 this is the last bill on the controversial
22 calendar.
23 There will be a meeting of the
24 Rules Committee once we complete this piece of
25 legislation, although that calendar will not
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1 be brought up today.
2 ACTING PRESIDENT WINNER: Thank
3 you, Senator Skelos.
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 90th day.
7 ACTING PRESIDENT WINNER: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: In relation to
11 Calendar Number 739, those Senators absent
12 from voting: Senators Balboni, Diaz,
13 C. Kruger and Sampson.
14 Those Senators recorded in the
15 negative: Senator Coppola.
16 Ayes, 55. Nays, 1.
17 ACTING PRESIDENT WINNER: The
18 bill is passed.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 there will be an immediate meeting of the
22 Rules Committee in the Majority Conference
23 Room.
24 And if we could return to the order
25 of motions and resolutions.
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1 ACTING PRESIDENT WINNER: Motions
2 and resolutions.
3 Senator Fuschillo.
4 SENATOR FUSCHILLO: Mr.
5 President, on behalf of Senator Golden, I wish
6 to call up Senate Print Number 7377, recalled
7 from the Assembly, which is now at the desk.
8 ACTING PRESIDENT WINNER: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 843, by Senator Golden, Senate Print 7377, an
12 act to amend the Retirement and Social
13 Security Law.
14 SENATOR FUSCHILLO: I now move to
15 reconsider the vote by which the bill was
16 passed.
17 ACTING PRESIDENT WINNER: Call
18 the roll on reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 SENATOR FUSCHILLO: I now offer
22 the following amendments.
23 ACTING PRESIDENT WINNER: The
24 amendments are received and adopted.
25 Senator Duane.
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1 SENATOR DUANE: Thank you,
2 Mr. President.
3 On page number 56, I offer the
4 following amendments to Calendar Number 1390,
5 Senate Print Number 6619, and ask that said
6 bill retain its place on Third Reading
7 Calendar.
8 ACTING PRESIDENT WINNER: The
9 amendments are received and adopted, and the
10 bill will retain its place on the Third
11 Reading Calendar. Thank you, Senator.
12 Senator Nozzolio.
13 SENATOR NOZZOLIO: Mr. President,
14 amendments are offered to the following Third
15 Reading Calendar bills:
16 By Senator Young, on page 22,
17 Calendar Number 688, Senate Print Number
18 6820B;
19 By Senator Maltese, page number 30,
20 Calendar Number 871, Senate Print Number 572A;
21 Senator Marcellino, page number 56,
22 Calendar Number 1403, Senate Print Number
23 3643B;
24 By Senator LaValle, page number 67,
25 Calendar Number 1574, Senate Print Number
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1 7613;
2 And by Senator Padavan, page number
3 67, Calendar Number 1611, Senate Print Number
4 6719.
5 Mr. President, I now move that
6 these bills retain their place on the order of
7 Third Reading Calendar.
8 ACTING PRESIDENT WINNER: The
9 amendments are received and adopted, and the
10 bills will retain their place on the Third
11 Reading Calendar.
12 Senator Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, I believe there is a resolution at
15 the desk by Senator Sabini. Can we have the
16 title read and move for its immediate
17 adoption.
18 ACTING PRESIDENT WINNER: The
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Sabini, Legislative Resolution Number 6046,
22 commending the South Asian-American Action
23 Committee upon the occasion of hosting its
24 Annual Dinner and Award Ceremony.
25 ACTING PRESIDENT WINNER: All
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1 those in favor of the resolution signify by
2 saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT WINNER:
5 Opposed?
6 (No response.)
7 ACTING PRESIDENT WINNER: The
8 resolution is adopted.
9 Senator Marcellino.
10 SENATOR MARCELLINO: Can we stand
11 at ease awaiting the report of the Rules
12 Committee, please.
13 ACTING PRESIDENT WINNER: The
14 Senate will stand at ease.
15 (Whereupon, the Senate stood at
16 ease at 1:32 p.m.)
17 (Whereupon, the Senate reconvened
18 at 1:45 p.m.)
19 ACTING PRESIDENT WINNER: Senator
20 Marcellino.
21 SENATOR MARCELLINO: Mr.
22 President, may we return to the reports of
23 standing committees for the report of the
24 Rules Committee.
25 ACTING PRESIDENT WINNER: The
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1 Rules Committee report is at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator Bruno,
4 from the Committee on Rules, reports the
5 following bills:
6 Senate Print 1195, by Senator
7 Golden, an act to amend the Vehicle and
8 Traffic Law;
9 1270A, by Senator Nozzolio, an act
10 to amend the Penal Law;
11 1424, by Senator Stavisky, an act
12 to amend the Education Law;
13 3328, by Senator Morahan, an act to
14 amend the Penal Law;
15 3506B, by Senator Skelos, an act to
16 amend the Correction Law;
17 3646, by Senator Leibell, an act to
18 amend the Vehicle and Traffic Law;
19 4336, by Senator Savino, an act to
20 amend the Public Authorities Law;
21 5031, by Senator Golden, an act to
22 amend the Executive Law;
23 5119A, by Senator Spano, an act
24 authorizing;
25 6310A, by Senator Morahan, an act
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1 to amend the Vehicle and Traffic Law;
2 6361A, by Senator Spano, an act to
3 amend the Vehicle and Traffic Law;
4 6504A, by Senator Little, an act to
5 amend Chapter 80 of the Laws of 2000;
6 6623, by Senator Maziarz, an act to
7 amend the Volunteer Firefighters Benefit Law;
8 6865, by Senator Spano, an act to
9 amend the General Business Law;
10 7010A, by Senator Maziarz, an act
11 to amend the General Business Law;
12 7139, by Senator Young, an act to
13 amend the Environmental Conservation Law;
14 7227A, by Senator Farley, an act in
15 relation to state aid payments;
16 7302, by Senator Robach, an act to
17 amend Chapter 19 of the Laws of 1994;
18 7344, by Senator Larkin, an act to
19 amend the Tax Law;
20 7403A, by Senator Morahan, an act
21 to amend the General Business Law;
22 7533, by Senator Seward, an act to
23 amend the Abandoned Property Law;
24 7644B, by Senator Meier, an act to
25 amend the Social Services Law;
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1 7647, by Senator Padavan, an act to
2 amend Local Finance Law;
3 7673, by Senator Padavan, an act to
4 amend the Tax Law;
5 7719, by Senator Rath, an act to
6 amend the Real Property Law;
7 7736B, by Senator Seward, an act in
8 relation;
9 7779B, by Senator Young, an act
10 authorizing;
11 7781, by Senator Flanagan, an act
12 to amend the Penal Law;
13 7814, by Senator Spano, an act to
14 amend the Vehicle and Traffic Law;
15 7892, by Senator Winner, an act to
16 amend the Legislative Law;
17 7977, by Senator Marcellino, an act
18 to amend the Education Law;
19 7986A, by Senator Alesi, an act
20 authorizing;
21 7988, by Senator Saland, an act
22 authorizing;
23 8006A, by Senator Bonacic, an act
24 to amend Chapter 172 of the Laws of 2002;
25 8007, by Senator Bonacic, an act to
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1 amend Chapter 915 of the Laws of 1982;
2 8010, by Senator Coppola, an act to
3 amend the Real Property Tax Law;
4 8033, by Senator Larkin, an act to
5 remove;
6 8054, by Senator Maziarz, an act to
7 amend the State Finance Law;
8 8060, by Senator Saland, an act to
9 amend the General Business Law;
10 8068, by Senator DeFrancisco, an
11 act to amend the Real Property Law;
12 8078, by Senator Meier, an act to
13 authorize;
14 8098, by Senator Little, an act to
15 amend the Penal Law;
16 8111, by Senator Libous, an act to
17 amend the Vehicle and Traffic Law;
18 8119, by Senator Balboni, an act to
19 amend the Insurance Law;
20 8129, by Senator LaValle, an act to
21 amend the Education Law;
22 8135, by Senator Volker, an act to
23 amend the Criminal Procedure Law;
24 8139, by Senator Marcellino, an act
25 to amend the Environmental Conservation Law;
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1 8158, by Senator Spano, an act to
2 amend the Real Property Law;
3 8162, by Senator Little, an act to
4 amend the Real Property Tax Law;
5 8168, by Senator Trunzo, an act to
6 amend the Executive Law;
7 8169, by Senator Fuschillo, an act
8 in relation to permitting;
9 8170, by Senator Fuschillo, an act
10 to amend the General Business Law;
11 8172A, by Senator Spano, an act
12 authorizing;
13 8183, by Senator Meier, an act to
14 amend the Social Services Law;
15 8184, by Senator Young, an act to
16 direct;
17 8193, by Senator Young, an act to
18 amend the Tax Law;
19 8202, by Senator Maziarz, an act to
20 incorporate;
21 8207, by Senator Meier, an act to
22 amend the Social Services Law;
23 And Senate Print 8232, by Senator
24 Fuschillo, an act to amend the Vehicle and
25 Traffic Law and others.
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1 All bills ordered direct to third
2 reading.
3 ACTING PRESIDENT WINNER: Senator
4 Marcellino.
5 SENATOR MARCELLINO: Move to
6 accept the report of the Rules Committee,
7 Mr. President.
8 ACTING PRESIDENT WINNER: All
9 those in favor of accepting the report of the
10 Rules Committee signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT WINNER:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT WINNER: The
16 report is accepted.
17 Senator Marcellino.
18 SENATOR MARCELLINO: Mr.
19 President, is there any further business at
20 the desk?
21 ACTING PRESIDENT WINNER: No,
22 there is not, Senator.
23 SENATOR MARCELLINO: Then I move
24 that we adjourn until Monday, June 19th, at
25 3:00 p.m., intervening days being legislative
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1 days.
2 Safe home.
3 ACTING PRESIDENT WINNER: On
4 motion, the Senate stands adjourned until
5 Monday, June 19th, at 3:00 p.m., intervening
6 days being legislative days.
7 Senate is adjourned.
8 (Whereupon, at 1:51 p.m., the
9 Senate adjourned.)
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