Regular Session - June 19, 2006

    


                                                      4558



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 19, 2006

        11                       3:18 p.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


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4559



         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:    With us this

        10       afternoon is the Reverend Peter G. Young, from

        11       Blessed Sacrament Church in Bolton Landing,

        12       New York.

        13                  REVEREND YOUNG:    Let us pray.

        14                  Dear God, as we gather in this last

        15       week of our Senate session, we reflect on our

        16       accomplishments and know that with Your

        17       guidance, O God, we will continue to serve our

        18       New York State citizens with dedication and

        19       commitment for their benefit.

        20                  Since we gathered in January, the

        21       history books will evaluate these past six

        22       months of legislation that offered our

        23       citizens a voice of public opinion, that

        24       represented all of our state's diversity of

        25       opinions.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4560



         1                  But this week we conclude 50 years

         2       of dedicated Senate public service of John

         3       Marchi.  This World War II veteran was

         4       welcomed by his majority leader, Walter

         5       Mahoney, and Governor Averill Harriman to the

         6       Capitol, and he has served these years his

         7       Staten Island constituency with great dignity

         8       and our citizens of the state with honor.

         9                  We pray today for all of our

        10       Senators, for their health and for their

        11       public service and dedication.

        12                  Amen.

        13                  THE PRESIDENT:    Reading of the

        14       Journal.

        15                  THE SECRETARY:    In Senate,

        16       Sunday, June 18, the Senate met pursuant to

        17       adjournment.  The Journal of Saturday,

        18       June 17, was read and approved.  On motion,

        19       Senate adjourned.

        20                  THE PRESIDENT:    Without

        21       objection, the Journal stands approved as

        22       read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4561



         1                  Reports of standing committees.

         2                  Reports of select committees.

         3                  Communications and reports from

         4       state officers.

         5                  Motions and resolutions.

         6                  Senator Bonacic.

         7                  SENATOR BONACIC:    Good afternoon,

         8       Madam President.

         9                  THE PRESIDENT:    Good afternoon,

        10       Senator.

        11                  SENATOR BONACIC:    Amendments are

        12       offered to the following Third Reading

        13       Calendar bills:

        14                  Senator Spano, page 22, Calendar

        15       733, Senate Print Number 6703A.

        16                  THE PRESIDENT:    The amendments

        17       are received, and the bill will retain its

        18       place on the Third Reading Calendar.

        19                  SENATOR BONACIC:    Senator Hannon,

        20       page 48, Calendar 1353, Senate Print Number

        21       7494;

        22                  Senator Golden, page 64, Calendar

        23       1744, Senate Print Number 7885B;

        24                  Senator Alesi, page 22, Calendar

        25       Number 760, Senate Print Number 7001B;


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4562



         1                  Senator Young, page 13, Calendar

         2       Number 423, Senate Print Number 6265;

         3                  Senator Balboni, page 29, Calendar

         4       924, Senate Print Number 7682;

         5                  Senator Farley, page 30, Calendar

         6       Number 946, Senate Print Number 6683A;

         7                  Senator Volker, page 34, Calendar

         8       Number 1049, Senate Print Number 7728;

         9                  Senator LaValle, page number 37,

        10       Calendar Number 1124, Senate Print Number

        11       2862C;

        12                  Senator Nozzolio, page 51, Calendar

        13       Number 1412, Senate Print Number 6971;

        14                  Senator Balboni, page 53, Calendar

        15       Number 1429, Senate Print Number 4495A;

        16                  Senator Padavan, page 61, Calendar

        17       Number 1611, Senate Print Number 6719A;

        18                  Senator Marcellino, page 52,

        19       Calendar Number 1416, Senate Print Number

        20       7282;

        21                  Senator Flanagan, page 51, Calendar

        22       Number 1413, Senate Print Number 7154A;

        23                  Senator Seward, page 46, Calendar

        24       Number 1324, Senate Print Number 7899A;

        25                  Senator Wright, page 32, Calendar


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4563



         1       Number 997, Senate Print Number 3249B;

         2                  Senator Volker, page 41, Calendar

         3       Number 1214, Senate Print Number 3824B.

         4                  Madam President, I now move that

         5       these bills retain their place on the order of

         6       third reading.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Bonacic.

         9                  The amendments are received, and

        10       they will retain their place on the Third

        11       Reading Calendar.

        12                  SENATOR BONACIC:    Thank you.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Nozzolio.

        15                  SENATOR NOZZOLIO:    Thank you,

        16       Madam President.  Amendments are offered to

        17       the following Third Reading Calendar bills:

        18                  On behalf of Senator Saland, page

        19       number 15, Calendar Number 486, Senate Print

        20       Number 6881A;

        21                  On behalf of Senator Winner, page

        22       24, Calendar Number 805, Senate Print 2616;

        23                  On behalf of Senator Balboni, page

        24       number 29, Calendar Number 925, Print Number

        25       7709;


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4564



         1                  On behalf of Senator Wright, page

         2       34, Calendar Number 1044, Senate Print Number

         3       5005E;

         4                  On behalf of Senator Alesi, page

         5       number 36, Calendar Number 1097, Print Number

         6       5000A;

         7                  On behalf of Senator LaValle, page

         8       41, Calendar Number 1216, Print Number 5131;

         9                  On behalf of Senator Morahan, page

        10       41, Calendar Number 1226, Print Number 4103A;

        11                  On behalf of Senator Bonacic, on

        12       page 45, Calendar Number 1306, Senate Print

        13       Number 7847;

        14                  On behalf of Senator Skelos, page

        15       number 48, Calendar Number 1352, Senate Print

        16       Number 7421A;

        17                  On behalf of Senator LaValle, page

        18       number 57, Calendar Number 1498, Senate Print

        19       Number 7081A;

        20                  On behalf of Senator Saland, page

        21       number 58, Calendar Number 1522, Senate Print

        22       Number 7392A;

        23                  On behalf of Senator Leibell, page

        24       64, Calendar Number 1771, Senate Print Number

        25       8114;


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4565



         1                  On behalf of Senator Little, page

         2       number 65, Calendar Number 1773, Senate Print

         3       Number 8118;

         4                  On behalf of Senator Spano, page

         5       67, Calendar Number 1802, Senate Print Number

         6       6865;

         7                  And on behalf of Senator LaValle,

         8       page number 70, Calendar Number 1832, Senate

         9       Print Number 8129.

        10                  Madam President, I now move that

        11       these bills retain their place on the order of

        12       third reading.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you, Senator Nozzolio.

        15                  The bills are received and will

        16       retain their place on the Third Reading

        17       Calendar.

        18                  Senator Wright.

        19                  SENATOR WRIGHT:    Thank you, Madam

        20       President.

        21                  On behalf of Senator Little, I wish

        22       to call up Bill Print Number 6384, recalled

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

        24                  ACTING PRESIDENT YOUNG:    The

        25       Secretary will read.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4566



         1                  THE SECRETARY:    Calendar Number

         2       271, by Senator Little, Senate Print 6384, an

         3       act in relation to creating the Dodge Library

         4       District.

         5                  SENATOR WRIGHT:    Madam President,

         6       I now move to reconsider the vote by which

         7       this bill was passed.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll on reconsideration.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 48.

        12                  SENATOR WRIGHT:    Madam President,

        13       I now offer the following amendments.

        14                  ACTING PRESIDENT YOUNG:    The

        15       amendments are received.

        16                  SENATOR WRIGHT:    Madam President,

        17       on behalf of Senator Alesi, I wish to call up

        18       Bill Number 5023, having passed both houses

        19       and not delivered to the Governor.

        20                  ACTING PRESIDENT YOUNG:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       327, by Senator Alesi, Senate Print 5023, an

        24       act to amend the Retirement and Social

        25       Security Law.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4567



         1                  SENATOR WRIGHT:    Madam President,

         2       I now move to reconsider the vote by which

         3       this bill was passed and ask that the bill be

         4       restored to the order of third reading.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll on reconsideration.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 48.

         9                  ACTING PRESIDENT YOUNG:    Senator

        10       Wright.

        11                  SENATOR WRIGHT:    Madam President,

        12       I now offer up the following amendments.

        13                  ACTING PRESIDENT YOUNG:    The

        14       amendments are received.

        15                  SENATOR WRIGHT:    On behalf of

        16       Senator Young, I wish to call up Print Number

        17       568B, recalled from the Assembly, which is now

        18       at the desk.

        19                  ACTING PRESIDENT YOUNG:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       334, by Senator Young, Senate Print 568B, an

        23       act to amend the Alcoholic Beverage Control

        24       Law.

        25                  SENATOR WRIGHT:    Madam President,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4568



         1       I now move to reconsider the vote by which

         2       this bill was passed.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll on reconsideration.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 48.

         7                  SENATOR WRIGHT:    Madam President,

         8       I now offer the following amendments.

         9                  ACTING PRESIDENT YOUNG:    The

        10       amendments are received.

        11                  SENATOR WRIGHT:    Madam President,

        12       on behalf of Senator Young, I wish to call up

        13       Print Number 6508, recalled from the Assembly,

        14       which is now at the desk.

        15                  ACTING PRESIDENT YOUNG:    The

        16       Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       343, by Senator Young, Senate Print 6508, an

        19       act to amend the Tax Law.

        20                  SENATOR WRIGHT:    Madam President,

        21       I now move to reconsider the vote by which

        22       this bill was passed.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll on reconsideration.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4569



         1                  THE SECRETARY:    Ayes, 48.

         2                  SENATOR WRIGHT:    Madam President,

         3       I now offer the following amendments.

         4                  ACTING PRESIDENT YOUNG:    The

         5       amendments are received.

         6                  SENATOR WRIGHT:    Madam President,

         7       on behalf of Senator Winner, I wish to call up

         8       Print Number 6767, recalled from the Assembly,

         9       which is now at the desk.

        10                  ACTING PRESIDENT YOUNG:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       707, by Senator Winner, Senate Print 6767, an

        14       act to amend the Agriculture and Markets Law.

        15                  SENATOR WRIGHT:    Madam President,

        16       I now move to reconsider the vote by which

        17       this bill was passed.

        18                  ACTING PRESIDENT YOUNG:    Call the

        19       roll on reconsideration.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 51.

        22                  SENATOR WRIGHT:    Madam President,

        23       I now offer the following amendments.

        24                  ACTING PRESIDENT YOUNG:    The

        25       amendments are received.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4570



         1                  SENATOR WRIGHT:    On behalf of

         2       Senator Spano, I wish to call up Print Number

         3       7318A, recalled from the Assembly, which is

         4       now at the desk.

         5                  ACTING PRESIDENT YOUNG:    The

         6       Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       752, by Senator Spano, Senate Print 7318A, an

         9       act to amend the Labor Law.

        10                  SENATOR WRIGHT:    Madam President,

        11       I now move to reconsider the vote by which

        12       this bill was passed.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll on reconsideration.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 51.

        17                  SENATOR WRIGHT:    Madam President,

        18       I now offer the following amendments.

        19                  ACTING PRESIDENT YOUNG:    The

        20       amendments are received.

        21                  SENATOR WRIGHT:    Madam President,

        22       on behalf of Senator Balboni, I wish to call

        23       up Print Number 6822A, recalled from the

        24       Assembly, which is now at the desk.

        25                  ACTING PRESIDENT YOUNG:    The


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4571



         1       Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       1003, by Senator Balboni, Senate Print 6822A,

         4       an act to amend the Waterfront Commission Act.

         5                  SENATOR WRIGHT:    Madam President,

         6       I now move to reconsider the vote by which

         7       this bill was passed.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll on reconsideration.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 51.

        12                  SENATOR WRIGHT:    Madam President,

        13       I now offer the following amendments.

        14                  ACTING PRESIDENT YOUNG:    The

        15       amendments are received.

        16                  SENATOR WRIGHT:    Madam President,

        17       on behalf of Senator Padavan, I wish to call

        18       up Print Number 7109, recalled from the

        19       Assembly, which is now at the desk.

        20                  ACTING PRESIDENT YOUNG:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       1004, by Senator Padavan, Senate Print 7109,

        24       an act to amend the Waterfront Commission Act.

        25                  SENATOR WRIGHT:    Madam President,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4572



         1       I now move to reconsider the vote by which

         2       this bill was passed.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll on reconsideration.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 51.

         7                  SENATOR WRIGHT:    Madam President,

         8       I now offer the following amendments.

         9                  ACTING PRESIDENT YOUNG:    The

        10       amendments are received.

        11                  SENATOR WRIGHT:    Thank you.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Fuschillo.

        14                  SENATOR FUSCHILLO:    Thank you,

        15       Madam President.

        16                  On behalf of Senator Leibell, I

        17       wish to call up Senate Print Number 7181,

        18       having passed both houses and not delivered to

        19       the Governor.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator Fuschillo.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1005, by Senator Leibell, Senate Print 7181,

        25       an act to amend the Waterfront Commission Act.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4573



         1                  SENATOR FUSCHILLO:    I now move to

         2       reconsider the vote by which the bill was

         3       passed and ask that said bill be restored to

         4       the order of third reading.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll on reconsideration.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 51.

         9                  SENATOR FUSCHILLO:    I now offer

        10       up the following amendments.

        11                  ACTING PRESIDENT YOUNG:    The

        12       amendments are received.

        13                  SENATOR FUSCHILLO:    On behalf of

        14       Senator Saland, I wish to call up Senate Print

        15       Number 6871, recalled from the Assembly, which

        16       is now at the desk.

        17                  ACTING PRESIDENT YOUNG:    The

        18       Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       1099, by Senator Saland, Senate Print 6871, an

        21       act to amend the Criminal Procedure Law.

        22                  SENATOR FUSCHILLO:    I now move to

        23       reconsider the vote by which the bill was

        24       passed.

        25                  ACTING PRESIDENT YOUNG:    Call the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4574



         1       roll on reconsideration.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 51.

         4                  SENATOR FUSCHILLO:    I now offer

         5       the following amendments.

         6                  ACTING PRESIDENT YOUNG:    The

         7       amendments are received.

         8                  SENATOR FUSCHILLO:    Madam

         9       President, on behalf of Senator Winner, I wish

        10       to call up Senate Print 7246, recalled from

        11       the Assembly, which is now at the desk.

        12                  ACTING PRESIDENT YOUNG:    The

        13       Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1281, by Senator Winner, Senate Print 7246, an

        16       act to authorize.

        17                  SENATOR FUSCHILLO:    I now move to

        18       reconsider the vote by which the bill was

        19       passed.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll on reconsideration.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 51.

        24                  SENATOR FUSCHILLO:    I now offer

        25       the following amendments.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4575



         1                  ACTING PRESIDENT YOUNG:    The

         2       amendments are received.

         3                  SENATOR FUSCHILLO:    On behalf of

         4       Senator Winner, I wish to call up Senate Print

         5       Number 6940, recalled from the Assembly, which

         6       is now at the desk.

         7                  ACTING PRESIDENT YOUNG:    The

         8       Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       1410, by Senator Winner, Senate Print 6940, an

        11       act to amend the Highway Law.

        12                  SENATOR FUSCHILLO:    I now move to

        13       reconsider the vote by which the bill was

        14       passed.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll on reconsideration.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 51.

        19                  SENATOR FUSCHILLO:    I now offer

        20       the following amendments.

        21                  ACTING PRESIDENT YOUNG:    The

        22       amendments are received.

        23                  SENATOR FUSCHILLO:    On behalf of

        24       Senator Maziarz, I wish to call up Senate

        25       Print Number 3335, having passed both houses


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4576



         1       and not delivered to the Governor.

         2                  ACTING PRESIDENT YOUNG:    The

         3       Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       1593, by Senator Maziarz, Senate Print 3335,

         6       an act in relation to authorizing.

         7                  SENATOR FUSCHILLO:    I now move to

         8       reconsider the vote by which the bill was

         9       passed and ask that the bill be restored to

        10       the order of third reading.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll on reconsideration.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 51.

        15                  SENATOR FUSCHILLO:    I now offer

        16       up the following amendments.

        17                  ACTING PRESIDENT YOUNG:    The

        18       amendments are received.

        19                  SENATOR FUSCHILLO:    On behalf of

        20       Senator LaValle, I wish to call up Senate

        21       Print Number 7405A, recalled from the

        22       Assembly, which is now at the desk.

        23                  ACTING PRESIDENT YOUNG:    The

        24       Secretary will read.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4577



         1       1580, by Senator LaValle, Senate Print 7405A,

         2       an act to amend the Education Law.

         3                  SENATOR FUSCHILLO:    I now move to

         4       reconsider the vote by which the bill was

         5       passed.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll on reconsideration.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 51.

        10                  SENATOR FUSCHILLO:    I now offer

        11       the following amendments.

        12                  ACTING PRESIDENT YOUNG:    The

        13       amendments are received.

        14                  SENATOR FUSCHILLO:    On behalf of

        15       Senator Golden, I wish to call up Senate Print

        16       Number 7505, recalled from the Assembly, which

        17       is now at the desk.

        18                  ACTING PRESIDENT YOUNG:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       1718, by Senator Golden, Senate Print 7505, an

        22       act to amend the General Municipal Law.

        23                  SENATOR FUSCHILLO:    I now move to

        24       reconsider the vote by which the bill was

        25       passed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4578



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll on reconsideration.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 51.

         5                  SENATOR FUSCHILLO:    I now offer

         6       up the following amendments.

         7                  ACTING PRESIDENT YOUNG:    The

         8       amendments are received.

         9                  SENATOR FUSCHILLO:    On behalf of

        10       Senator Meier, I wish to call up Senate Print

        11       Number 5392A, having passed both houses and

        12       not delivered to the Governor.

        13                  ACTING PRESIDENT YOUNG:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       193, by Senator Meier, Senate Print 5392A, an

        17       act to amend the Social Services Law.

        18                  SENATOR FUSCHILLO:    I now move to

        19       reconsider the vote by which the bill was

        20       passed and ask that the bill be restored to

        21       the order of third reading.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll on reconsideration.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 51.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4579



         1                  SENATOR FUSCHILLO:    I now offer

         2       up the following amendments.

         3                  ACTING PRESIDENT YOUNG:    The

         4       amendments are received.

         5                  SENATOR FUSCHILLO:    On behalf of

         6       Senator Meier, I wish to call up Senate Print

         7       Number 5393, having passed both houses and not

         8       delivered to the Governor.

         9                  ACTING PRESIDENT YOUNG:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       194, by Senator Meier, Senate Print 5393, an

        13       act to amend the Family Court Act.

        14                  SENATOR FUSCHILLO:    I now move to

        15       reconsider the vote by which the bill was

        16       passed and ask that the bill be restored to

        17       the order of third reading.

        18                  ACTING PRESIDENT YOUNG:    Call the

        19       roll on reconsideration.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 52.

        22                  SENATOR FUSCHILLO:    I now offer

        23       up the following amendments.

        24                  ACTING PRESIDENT YOUNG:    The

        25       amendments are received.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4580



         1                  SENATOR FUSCHILLO:    On behalf of

         2       Senator Seward, I wish to call up Senate Print

         3       Number 6887, recalled from the Assembly, which

         4       is now at the desk.

         5                  ACTING PRESIDENT YOUNG:    The

         6       Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       507, by Senator Seward, Senate Print 6887, an

         9       act to amend the Insurance Law.

        10                  SENATOR FUSCHILLO:    I now move to

        11       reconsider the vote by which the bill was

        12       passed.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll on reconsideration.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 52.

        17                  SENATOR FUSCHILLO:    I now offer

        18       the following amendments.

        19                  ACTING PRESIDENT YOUNG:    The

        20       amendments are received.

        21                  SENATOR FUSCHILLO:    Madam

        22       President, are there any substitutions at the

        23       desk?

        24                  ACTING PRESIDENT YOUNG:    Yes,

        25       there are, Senator Fuschillo.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4581



         1                  The Secretary will read.

         2                  THE SECRETARY:    On page 5,

         3       Senator Volker moves to discharge, from the

         4       Committee on Rules, Assembly Bill Number 6027

         5       and substitute it for the identical Senate

         6       Bill Number 6348, Third Reading Calendar 146.

         7                  On page 13, Senator Little moves to

         8       discharge, from the Committee on Local

         9       Government, Assembly Bill Number 393 and

        10       substitute it for the identical Senate Bill

        11       Number 726, Third Reading Calendar 409.

        12                  On page 16, Senator Saland moves to

        13       discharge, from the Committee on Local

        14       Government, Assembly Bill Number 949A and

        15       substitute it for the identical Senate Bill

        16       Number 6383, Third Reading Calendar 544.

        17                  On page 20, Senator Maltese moves

        18       to discharge, from the Committee on

        19       Transportation, Assembly Bill Number 5778 and

        20       substitute it for the identical Senate Bill

        21       Number 2939, Third Reading Calendar 664.

        22                  On page 33, Senator Bonacic moves

        23       to discharge, from the Committee on Rules,

        24       Assembly Bill Number 8155A and substitute it

        25       for the identical Senate Bill Number 7324,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4582



         1       Third Reading Calendar 1029.

         2                  On page 45, Senator Maltese moves

         3       to discharge, from the Committee on Veterans,

         4       Homeland Security and Military Affairs,

         5       Assembly Bill Number 9650 and substitute it

         6       for the identical Senate Bill Number 7416,

         7       Third Reading Calendar 1300.

         8                  On page 53, Senator Maltese moves

         9       to discharge, from the Committee on Civil

        10       Service and Pensions, Assembly Bill Number

        11       7054A and substitute it for the identical

        12       Senate Bill Number 4030A, Third Reading

        13       Calendar 1437.

        14                  On page 54, Senator Robach moves to

        15       discharge, from the Committee on Civil Service

        16       and Pensions, Assembly Bill Number 5427A and

        17       substitute it for the identical Senate Bill

        18       Number 4414A, Third Reading Calendar 1458.

        19                  On page 61, Senator Winner moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 10331 and substitute it

        22       for the identical Senate Bill Number 7023,

        23       Third Reading Calendar 1634.

        24                  And on page 63, Senator Winner

        25       moves to discharge, from the Committee on


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4583



         1       Rules, Assembly Bill Number 10242B and

         2       substitute it for the identical Senate Bill

         3       Number 7004A, Third Reading Calendar 1713.

         4                  ACTING PRESIDENT YOUNG:

         5       Substitutions ordered.

         6                  Senator Fuschillo.

         7                  SENATOR FUSCHILLO:    Madam

         8       President, may we please have the reading of

         9       the noncontroversial calendar.

        10                  ACTING PRESIDENT YOUNG:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       18, by Senator Volker, Senate Print 6277B, an

        14       act to amend the Penal Law and others.

        15                  ACTING PRESIDENT YOUNG:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 30.  This

        18       act shall take effect on the first of

        19       November.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 52.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4584



         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       45, by Senator Fuschillo, Senate Print 785B,

         5       an act to amend the Tax Law.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 7.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Announce

        14       the results.

        15                  THE SECRETARY:    Ayes, 52.

        16                  ACTING PRESIDENT YOUNG:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       146, substituted earlier by Member of the

        20       Assembly Ramos, Assembly Print Number 6027, an

        21       act to amend the Penal Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect on the first of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4585



         1       November.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Ayes, 51.  Nays,

         8       1.  Senator Maziarz recorded in the negative.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       323, by Senator Golden, Senate Print 3078A, an

        13       act to amend the Civil Service Law.

        14                  ACTING PRESIDENT YOUNG:    Read the

        15       last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT YOUNG:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT YOUNG:    Announce

        22       the results.

        23                  THE SECRETARY:    Ayes, 52.

        24                  ACTING PRESIDENT YOUNG:    The bill

        25       is passed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4586



         1                  THE SECRETARY:    Calendar Number

         2       349, by Senator Morahan, Senate Print 5340A,

         3       an act to amend the Mental Hygiene Law.

         4                  ACTING PRESIDENT YOUNG:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT YOUNG:    Announce

        12       the results.

        13                  THE SECRETARY:    Ayes, 52.

        14                  ACTING PRESIDENT YOUNG:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       409, substituted earlier by Member of the

        18       Assembly Gunther, Assembly Print Number 393,

        19       an act to amend the Real Property Tax Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4587



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 52.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       426, by Senator Maltese, Senate Print 5589A,

         9       an act to amend the Administrative Code of the

        10       City of New York.

        11                  ACTING PRESIDENT YOUNG:    There is

        12       a home-rule message at the desk.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 52.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       469, by Senator --


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4588



         1                  SENATOR HASSELL-THOMPSON:    Lay it

         2       aside.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       508, by Senator Marchi, Senate Print 6899, an

         7       act to amend Chapter 697 of the Laws of 2004.

         8                  ACTING PRESIDENT YOUNG:    There is

         9       a home-rule message at the desk.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 52.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       524, by Senator Golden, Senate Print 4458D, an

        23       act to amend the General Municipal Law.

        24                  ACTING PRESIDENT YOUNG:    There is

        25       a home-rule message at the desk.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4589



         1                  Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 52.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       528, by Senator Golden, Senate Print 6773, an

        14       act to amend the Civil Service Law.

        15                  ACTING PRESIDENT YOUNG:    There is

        16       a home-rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 52.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4590



         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       544, substituted earlier today by Member of

         5       the Assembly Tokasz, Assembly Print Number

         6       949A, an act to amend the Real Property Tax

         7       Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect July 1, 2006.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 51.  Nays,

        18       1.  Senator LaValle recorded in the negative.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       664, substituted earlier today by Member of

        23       the Assembly McLaughlin, Assembly Print Number

        24       5778, an act to amend the Vehicle and Traffic

        25       Law.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4591



         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect on the first of

         5       November.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 52.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       725, by Senator Johnson, Senate Print 6851A,

        16       an act to authorize.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4592



         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 725 are

         3       Senators Bonacic and Rath.

         4                  Ayes, 50.  Nays, 2.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       737, by Senator Meier, Senate Print 7042A, an

         9       act to amend the Social Services Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect on the 120th day.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 52.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       748, by Senator Golden, Senate Print 7239A, an

        24       act to amend the Administrative Code of the

        25       City of New York.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4593



         1                  ACTING PRESIDENT YOUNG:    There is

         2       a home-rule message at the desk.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 13.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 52.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       788, by Senator Marcellino, Senate Print

        16       6862A, an act to authorize Pederson-Krag

        17       Center of New York.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4594



         1       the results.

         2                  THE SECRETARY:    Ayes, 51.  Nays,

         3       1.  Senator Bonacic recorded in the negative.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       863, by Senator Balboni, Senate Print 7358B,

         8       an act to amend the Environmental Conservation

         9       Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 51.  Nays,

        20       1.  Senator Duane recorded in the negative.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       888, by Senator Golden, Senate Print 1823A, an

        25       act to amend the Penal Law.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4595



         1                  SENATOR SABINI:    Lay it aside.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       905, by Senator Volker, Senate Print 6753A, an

         6       act to amend the Civil Practice Law and Rules.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect on the 90th day.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 52.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       923, by Senator Balboni, Senate Print 7681A,

        21       an act to amend the Executive Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect one year after it shall


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4596



         1       have become a law.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Ayes, 52.

         8                  ACTING PRESIDENT YOUNG:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       930, by Senator Maltese, Senate Print 7417, an

        12       act to amend the Civil Service Law.

        13                  ACTING PRESIDENT YOUNG:    There is

        14       a home-rule message at the desk.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT YOUNG:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT YOUNG:    The

        22       Secretary will announce the results.

        23                  THE SECRETARY:    Ayes, 53.

        24                  ACTING PRESIDENT YOUNG:    The bill

        25       is passed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4597



         1                  THE SECRETARY:    Calendar Number

         2       941, by Senator Spano, Senate Print 5343A, an

         3       act to amend the Alcoholic Beverage Control

         4       Law.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Those recorded in

        15       the negative on Calendar Number 941 are

        16       Senators Duane, Fuschillo, LaValle,

        17       Marcellino, Padavan, Saland, Savino and

        18       Wright.

        19                  Ayes, 45.  Nays, 8.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       947, by Senator Wright, Senate Print 6855, an

        24       act in relation to authorizing.

        25                  ACTING PRESIDENT YOUNG:    Read the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4598



         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 53.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       968, by Senator Wright, Senate Print 4487B, an

        14       act to amend the General Municipal Law.

        15                  ACTING PRESIDENT YOUNG:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  THE SECRETARY:    Ayes, 53.

        25                  ACTING PRESIDENT YOUNG:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4599



         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       982, by Senator Balboni, Senate Print 7266A,

         4       an act to authorize.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Those recorded in

        15       the negative on Calendar Number 982 are

        16       Senators Bonacic, Larkin and Rath.

        17                  Ayes, 51.  Nays, 3.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       986, by Senator Fuschillo, Senate Print 7556B,

        22       an act to authorize.

        23                  ACTING PRESIDENT YOUNG:    Read the

        24       last section.

        25                  THE SECRETARY:    Section 2.  This


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4600



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 986 are

         9       Senators Bonacic, Larkin and Rath.

        10                  Ayes, 51.  Nays, 3.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       992, by Senator Flanagan, Senate Print 5109D,

        15       an act to amend the Parks, Recreation and

        16       Historic Preservation Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect on the 180th day.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4601



         1                  THE SECRETARY:    Ayes, 54.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1029, substituted earlier today by Member of

         6       the Assembly Koon, Assembly Print Number

         7       8155A, an act to amend the Public Health Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 54.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1069, by Senator Volker, Senate Print 7231A,

        22       an act to amend the Public Authorities Law.

        23                  ACTING PRESIDENT YOUNG:    Read the

        24       last section.

        25                  THE SECRETARY:    Section 2.  This


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4602



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Ayes, 54.

         8                  ACTING PRESIDENT YOUNG:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1084, by Senator Golden, Senate Print 7840, an

        12       act to amend the Administrative Code of the

        13       City of New York.

        14                  ACTING PRESIDENT YOUNG:    There is

        15       a home-rule message at the desk.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 22.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  THE SECRETARY:    Ayes, 54.

        25                  ACTING PRESIDENT YOUNG:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4603



         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1101, by Senator Spano --

         4                  SENATOR HASSELL-THOMPSON:    Lay it

         5       aside.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       1253, by Senator Robach, Senate Print 3065D,

        10       an act to amend the Retirement and Social

        11       Security Law.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 55.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1300, substituted earlier today by Member of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4604



         1       the Assembly Sweeney, Assembly Print Number

         2       9650, an act to amend the Education Law.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 55.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1301, by Senator Maltese, Senate Print 7677A,

        17       an act to amend the Education Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 60th day.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4605



         1       the results.

         2                  THE SECRETARY:    Ayes, 55.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1336, by Senator Maltese, Senate Print 6299A,

         7       an act to amend the General Municipal Law.

         8                  ACTING PRESIDENT YOUNG:    There is

         9       a home-rule message at the desk.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 55.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1343, by the Senate Committee on Rules, Senate

        23       Print Number 7920A, an act to authorize the

        24       City of New York.

        25                  ACTING PRESIDENT YOUNG:    There is


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4606



         1       a home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 5.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 55.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1396, by Senator LaValle, Senate Print 7356,

        13       an act to amend the Criminal Procedure Law.

        14                  ACTING PRESIDENT YOUNG:    Read the

        15       last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT YOUNG:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT YOUNG:    Announce

        22       the results.

        23                  THE SECRETARY:    Ayes, 54.  Nays,

        24       1.  Senator Duane recorded in the negative.

        25                  ACTING PRESIDENT YOUNG:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4607



         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1407, by Senator Marchi, Senate Print 6332B,

         4       an act to amend the Highway Law.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Ayes, 55.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1409, by Senator Volker, Senate Print 6748A,

        19       an act to amend the Vehicle and Traffic Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect on the 180th day.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4608



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 55.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1426, by Senator LaValle, Senate Print 3113B,

         9       an act to amend the Vehicle and Traffic Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect on the 180th day.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 55.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1437, substituted earlier today by Member of

        24       the Assembly Abbate, Assembly Print Number

        25       7054A, an act to amend the Retirement and


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4609



         1       Social Security Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 55.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1458, substituted earlier today by Member of

        16       the Assembly Abbate, Assembly Print Number

        17       5427A, an act to amend the Retirement and

        18       Social Security Law.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4610



         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 55.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1465, by Senator Golden, Senate Print 7507, an

         8       act to amend the Retirement and Social

         9       Security Law and the Administrative Code of

        10       the City of New York.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 10.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 55.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1468, by Senator Golden, Senate Print 7853A,

        25       an act to amend the Retirement and Social


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4611



         1       Security Law.

         2                  ACTING PRESIDENT YOUNG:    There is

         3       a home-rule message at the desk.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 55.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1483, by the Senate Committee on Rules, Senate

        17       Print Number 7864A, an act to amend Chapter

        18       757 of the Laws of 2005.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4612



         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 55.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1495, by Senator Morahan, Senate Print 5859A,

         8       an act to authorize the Commissioner of

         9       General Services.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 7.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 55.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1500, by Member of the Assembly Destito --

        24                  SENATOR HASSELL-THOMPSON:    Lay it

        25       aside.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4613



         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       1503, by Senator LaValle, Senate Print 7690A,

         5       an act to amend the Alcoholic Beverage Control

         6       Law.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 4.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 55.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1525, by Senator Skelos --

        21                  SENATOR FUSCHILLO:    Lay it aside

        22       for the day.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is laid aside for the day.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4614



         1       1551, by Senator Spano, Senate Print 7803, an

         2       act to amend the Navigation Law.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 4.  This

         6       act shall take effect January 1, 2007.

         7                  SENATOR MONTGOMERY:    Madam

         8       President, to explain my vote.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Montgomery.

        14                  SENATOR MONTGOMERY:    Yes, I'm

        15       enthusiastically supporting this legislation.

        16                  And I note in the sponsor's memo

        17       that this increase in pilotage rates will

        18       allow the pilots to be able to recruit and

        19       train new pilots.

        20                  And I also see that there are

        21       currently eight pilots licensed for the Hudson

        22       River.  One of these pilots is eligible for

        23       retirement next year, and two others will be

        24       eligible in 2007 and 2009, respectively.

        25       There is only one pilot in training to replace


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4615



         1       retiring pilots.

         2                  So we have a very serious

         3       situation, obviously, Madam President.  And in

         4       fact, we need to be doing much more to make

         5       sure, because I consider these pilots the

         6       first line of defense in terms of the safety

         7       of our ports.

         8                  So I'm very enthusiastic about it,

         9       and I hope that we can pay much more attention

        10       to this situation, because we could be facing

        11       a very serious problem as it relates to the

        12       security of our ports.

        13                  Thank you, Madam President.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator Montgomery.  You will be recorded

        16       in the affirmative.

        17                  Announce the results.

        18                  THE SECRETARY:    Ayes, 55.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1560, by Senator Farley --

        23                  SENATOR FUSCHILLO:    Lay it aside

        24       for the day.

        25                  ACTING PRESIDENT YOUNG:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4616



         1       is laid aside for the day.

         2                  THE SECRETARY:    Calendar Number

         3       1561, by Senator Saland, Senate Print 7335B,

         4       an act to require the Superintendent of Banks.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Ayes, 55.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1564, by Senator Farley, Senate Print 7525A,

        19       an act to amend the Banking Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 5.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4617



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 55.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1566, by Senator LaValle, Senate Print 839A,

         9       an act to amend the Education Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the first of July.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 55.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1569, by Senator Larkin, Senate Print 3243A,

        24       an act to amend the Education Law.

        25                  ACTING PRESIDENT YOUNG:    Read the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4618



         1       last section.

         2                  THE SECRETARY:    Section 5.  This

         3       act shall take effect on the 180th day.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 54.  Nays,

        10       1.  Senator Marcellino recorded in the

        11       negative.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1577, by Senator LaValle, Senate Print 561B,

        16       an act to amend the Education Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the first of

        21       September.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Senator


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4619



         1       Duane, to explain his vote.

         2                  SENATOR DUANE:    Thank you, Madam

         3       President.

         4                  I want to point out to my

         5       colleagues on both sides of the aisle that

         6       there is no minority party representation, and

         7       oddly and inexcusably there are two

         8       appointments by the Speaker of the Assembly

         9       and two appointments by the Majority Leader of

        10       the Senate.

        11                  So not only is this just bad from a

        12       policy point of view and certainly doesn't

        13       represent the best in bipartisan work that we

        14       should be doing here, but it's even more

        15       egregious because both of the two majority

        16       party leaders get to appoint two members each.

        17                  So I would encourage my colleagues

        18       on both sides of the aisle -- but I have a

        19       feeling this is particularly for this side of

        20       the aisle -- to vote in the negative on this,

        21       because it is just plain wrong that our

        22       conference does not get an appointment.

        23                  I'll be voting in the negative,

        24       Madam President, and hoping that my colleagues

        25       will also vote in the negative.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4620



         1                  ACTING PRESIDENT YOUNG:    Thank

         2       you, Senator Duane.  You will be recorded in

         3       the negative.

         4                  Announce the results.

         5                  THE SECRETARY:    Ayes, 54.  Nays,

         6       1.  Senator --

         7                  SENATOR STAVISKY:    Madam

         8       President.

         9                  ACTING PRESIDENT YOUNG:    Senator

        10       Stavisky.

        11                  SENATOR STAVISKY:    To explain my

        12       vote, at the request of one of my colleagues.

        13                  ACTING PRESIDENT YOUNG:    To

        14       explain your vote.

        15                  SENATOR STAVISKY:    I think it's

        16       unfortunate that there is not minority

        17       representation on the bill.

        18                  However, this came about as a

        19       result of a hearing, extensive hearings

        20       concerning the college boards and the SAT

        21       exams.  And I think that this is a step in the

        22       right direction, and I commend Senator

        23       LaValle.  And I hope that if we revisit the

        24       issue next year, that perhaps there can be

        25       minority representation.  But I think it's an


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4621



         1       important bill.  There have been scandals

         2       involving the SAT exam.  And I think this is a

         3       good step.

         4                  Thank you.

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Stavisky, how do you vote?

         7                  SENATOR STAVISKY:    I vote aye.

         8                  ACTING PRESIDENT YOUNG:    You will

         9       be recorded in the affirmative.  Thank you.

        10                  Announce the results.

        11                  THE SECRETARY:    Those recorded in

        12       the negative on Calendar Number 1577 are

        13       Senators Dilan, Duane, L. Krueger, and Savino.

        14       Also Senator Parker.

        15                  Ayes, 50.  Nays, 5.

        16                  ACTING PRESIDENT YOUNG:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1591, by Senator Winner, Senate Print 3304E,

        20       an act to amend the Education Law.

        21                  ACTING PRESIDENT YOUNG:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 3.  This

        24       act shall take effect on the 90th day.

        25                  ACTING PRESIDENT YOUNG:    Call the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4622



         1       roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT YOUNG:    Announce

         4       the results.

         5                  THE SECRETARY:    Ayes, 54.  Nays,

         6       1.  Senator Marcellino recorded in the

         7       negative.

         8                  ACTING PRESIDENT YOUNG:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1634, substituted earlier today by Member of

        12       the Assembly Lifton, Assembly Print Number

        13       10331, an act to authorize the Village of

        14       Cayuga Heights.

        15                  ACTING PRESIDENT YOUNG:    There is

        16       a home-rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 56.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4623



         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1661, by Senator Padavan, Senate Print 8048,

         5       an act in relation to authorizing.

         6                  ACTING PRESIDENT YOUNG:    There is

         7       a home-rule message at the desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 56.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1681, by Senator Maziarz, Senate Print 6224A,

        21       an act to amend the Vehicle and Traffic Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the 180th day.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4624



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       Montgomery.

         6                  SENATOR MONTGOMERY:    Yes, Madam

         7       President, just briefly.  I want to thank

         8       Senator Maziarz for this bill.

         9                  Some years ago I wanted to put this

        10       "Buy American" on my newsletters, and I was

        11       told that it was not appropriate and I

        12       couldn't do it.  So now, with this

        13       legislation, I'm assuming that I can -- I am

        14       authorized also to express my concern that I

        15       would like constituents to buy American in

        16       order to keep jobs in America.

        17                  So thank you.  I'm supporting this

        18       bill, Madam President.

        19                  ACTING PRESIDENT YOUNG:    Thank

        20       you, Senator Montgomery.  You will be recorded

        21       in the affirmative.

        22                  Announce the results.

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT YOUNG:    The bill

        25       is passed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4625



         1                  THE SECRETARY:    Calendar Number

         2       1683, by Senator Little, Senate Print 6427A,

         3       an act to amend the Vehicle and Traffic Law.

         4                  ACTING PRESIDENT YOUNG:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect on the 180th day.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT YOUNG:    Announce

        12       the results.

        13                  THE SECRETARY:    Ayes, 56.

        14                  ACTING PRESIDENT YOUNG:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1690, by Senator Meier, Senate Print 7641A, an

        18       act to amend the Social Services Law.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect December 31, 2006.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4626



         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 56.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1713, substituted earlier today by Member of

         8       the Assembly Magee, Assembly Print Number

         9       10242B, an act to amend the Agriculture and

        10       Markets Law.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1717, by Senator Farley, Senate Print 7424A,

        25       an act to amend the Real Property Tax Law.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4627



         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 56.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1720, by Senator Meier, Senate Print 7643A, an

        15       act to amend the Social Services Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 56.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4628



         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1736, by Senator Maziarz, Senate Print 6223A,

         5       an act to amend the Vehicle and Traffic Law.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect on the 120th day.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Announce

        14       the results.

        15                  THE SECRETARY:    Ayes, 56.

        16                  ACTING PRESIDENT YOUNG:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1750, by Senator Bonacic, Senate Print 8032A,

        20       an act to amend the Public Authorities Law.

        21                  ACTING PRESIDENT YOUNG:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT YOUNG:    Call the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4629



         1       roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT YOUNG:    Announce

         4       the results.

         5                  THE SECRETARY:    Ayes, 56.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1752, by Senator Padavan, Senate Print 8043A,

        10       an act to amend the Real Property Tax Law.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 18.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1767, by Senator Wright, Senate Print 8100, an

        25       act to authorize the conveyance of certain


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4630



         1       real property.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 6.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 56.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1769, by Senator Leibell, Senate Print 8109,

        16       an act to amend the Public Authorities Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4631



         1                  THE SECRETARY:    Ayes, 56.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1772, by Senator Meier, Senate Print 8115, an

         6       act to amend the Social Services Law and

         7       others.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 7.  This

        11       act shall take effect on the 120th day.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 56.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1775, by Senator Padavan, Senate Print 8126,

        22       an act to amend the Public Authorities Law.

        23                  ACTING PRESIDENT YOUNG:    Read the

        24       last section.

        25                  THE SECRETARY:    Section 4.  This


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4632



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Ayes, 56.

         8                  ACTING PRESIDENT YOUNG:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1776, by Senator Marchi, Senate Print 8127, an

        12       act to amend Chapter 586 of the Laws of 2005.

        13                  ACTING PRESIDENT YOUNG:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT YOUNG:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT YOUNG:    Announce

        21       the results.

        22                  THE SECRETARY:    Ayes, 56.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4633



         1       1777, by Senator Meier, Senate Print 8130, an

         2       act to amend the Education Law.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 56.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1778, by Senator Meier, Senate Print 8131, an

        17       act to amend the Social Services Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4634



         1       the results.

         2                  THE SECRETARY:    Ayes, 56.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1782, by Senator Little, Senate Print 8151, an

         7       act to authorize.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 1782:  Ayes, 55.  Nays, 1.

        19       Senator Duane recorded in the negative.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1785, by Senator Trunzo, Senate Print 8157, an

        24       act to authorize.

        25                  ACTING PRESIDENT YOUNG:    Read the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4635



         1       last section.

         2                  THE SECRETARY:    Section 10.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 56.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1791, by Senator Stavisky, Senate Print 1424,

        14       an act to amend the Education Law.

        15                  ACTING PRESIDENT YOUNG:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  THE SECRETARY:    Ayes, 56.

        25                  ACTING PRESIDENT YOUNG:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4636



         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1795, by Senator Savino, Senate Print 4336, an

         4       act to amend the Public Authorities Law.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Ayes, 56.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1810, by Senator Meier, Senate Print 7644B, an

        19       act to amend the Social Services Law and the

        20       Executive Law.

        21                  ACTING PRESIDENT YOUNG:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 4.  This

        24       act shall take effect on the 180th day.

        25                  ACTING PRESIDENT YOUNG:    Call the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4637



         1       roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT YOUNG:    Announce

         4       the results.

         5                  THE SECRETARY:    Ayes, 56.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1841, by Senator Meier, Senate Print 8183, an

        10       act to amend the Social Services Law.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       18 --

        25                  SENATOR MONTGOMERY:    Lay it


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4638



         1       aside.

         2                  ACTING PRESIDENT YOUNG:    Senator

         3       Montgomery, which bill would you like to lay

         4       aside?

         5                  SENATOR MONTGOMERY:    1845.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       1846, by Senator Balboni, Senate Print 8119,

        10       an act to amend the Insurance Law.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  Senator Fuschillo, that completes

        24       the noncontroversial reading of the calendar.

        25                  SENATOR FUSCHILLO:    Madam


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4639



         1       President, on the noncontroversial calendar,

         2       will you please lay aside for the day Calendar

         3       Number 1101.

         4                  ACTING PRESIDENT YOUNG:    1101 is

         5       laid aside for the day.

         6                  SENATOR FUSCHILLO:    At this time,

         7       will you please take up the reading of the

         8       controversial calendar.

         9                  ACTING PRESIDENT YOUNG:    The

        10       Secretary will ring the bell.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       469, by Senator Balboni, Senate Print 6914A,

        14       an act to amend the Executive Law.

        15                  SENATOR HASSELL-THOMPSON:

        16       Explanation.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Balboni, an explanation has been requested.

        19                  SENATOR BALBONI:    Thank you very

        20       much, Madam President.

        21                  I guess this is going to be of some

        22       surprise to all of you in this chamber, but

        23       this is a homeland security-related bill.

        24       I've been trying to get out of that genre for

        25       a little bit, but right now this is a bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4640



         1       that actually we've been starting to work on

         2       for coming up on two years.

         3                  Let me just tell you the genesis of

         4       this particular proposal.  The first is that

         5       when you look at all the assets that we have

         6       to protect, what you realize very quickly is

         7       that 80 percent of them are in private hands.

         8       In addition to which you realize that when it

         9       comes to emergency management and sheltering

        10       people, again, so many of the assets fall into

        11       private hands.

        12                  Secondly, I was talking with

        13       Dr. Robert Scott of Adelphi University, who

        14       proudly announced to me that he was going to

        15       be the site of a point-of-distribution center,

        16       which is where they hand out antibiotics in

        17       the case of a medical emergency or radiation

        18       tablets or any of the other things that you

        19       give out at a point-of-distribution center,

        20       but then his attorneys for his insurance

        21       company told him he couldn't do it.  And that

        22       was because of the liability attached to

        23       creating a point-of-distribution center.

        24                  And I just participated in Nassau

        25       County's drill that they had a week ago Sunday


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4641



         1       where they had 3,000 people involved in

         2       point-of-distribution services, and it was a

         3       great drill, but lacking was any of the

         4       private-sector involvement.

         5                  What this bill does, it says to the

         6       private sector:  Join us when it comes to

         7       emergency management, join us when it comes to

         8       providing benefits for people who need

         9       sheltering, for helping out in a disaster.

        10                  And what we saw in Katrina was that

        11       many of the effective responses were not of

        12       government but were of the private sector,

        13       with the Wal-Mart supply chain, where some of

        14       the other companies would be able to deliver

        15       vehicles.

        16                  So this is an attempt to engage the

        17       private sector, finally, with a commonsense

        18       civil liability -- yes, I know that's a term

        19       that gets some people crazy.  But this is what

        20       this bill does.  It says that during the state

        21       of an emergency, of a declared emergency, if

        22       you provide services through a contract -- and

        23       that word "contract" is going to cause some

        24       people some problems -- but a contract,

        25       memorandum of understanding, any type of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4642



         1       relationship with the government.  And under

         2       their supervision, then you will be held

         3       responsible only for gross negligence.

         4                  This is consistent with the Good

         5       Samaritan laws in this nation.  Of course, we

         6       don't have one in the State of New York.  It

         7       is also consistent with our decision to

         8       indemnify and defend public officers, pursuant

         9       to Section 17 of this statute.

        10                  Thank you, Madam President.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Balboni.

        13                  Senator Schneiderman.

        14                  SENATOR SCHNEIDERMAN:    Thank you,

        15       Madam President.  If the sponsor would yield

        16       for a few brief questions and brief responses.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Balboni, will you yield?

        19                  SENATOR BALBONI:    Madam

        20       President, I will yield, but I will not say

        21       anything about brief responses.  Depends what

        22       kind of clever witticisms he throws my way.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Balboni yields.

        25                  SENATOR SCHNEIDERMAN:    I note


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4643



         1       that the Senator is in a very good mood today.

         2                  If I might ask, though, this piece

         3       of legislation, proposed piece of legislation

         4       raises an issue that, as you state, it makes

         5       people crazy.  But I don't think what makes

         6       people crazy is civil liability; what makes

         7       people crazy is immunizing for-profit

         8       companies from civil liability.

         9                  So my first question to you is

        10       this.  If a private corporation such as

        11       Blackwater or Halliburton or other people who

        12       provide services during an emergency had a

        13       contract and was being highly paid by the

        14       State of New York or a political subdivision

        15       for help during an emergency, would this bill

        16       immunize them from liability for negligence?

        17                  SENATOR BALBONI:    Madam

        18       President, through you.  Let's see if I can

        19       think of the absolute worst set of characters

        20       to put in the question I'll ask you.  How

        21       about we just call it Devil, Inc., came and

        22       tried to provide services?  The question I --

        23                  SENATOR SCHNEIDERMAN:    You're

        24       trying to get metaphysical on me.  There's so

        25       many real companies that get paid a lot of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4644



         1       money --

         2                  SENATOR BALBONI:    Run by

         3       Mephistopheles.

         4                  See, the point is this --

         5                  SENATOR SCHNEIDERMAN:    If you

         6       want to bring your party into it, that's fine

         7       with me.  But go ahead.

         8                  (Laughter.)

         9                  SENATOR BALBONI:    The point of it

        10       is this.  Does it really matter if it's a

        11       for-profit or if it's not-for-profit?  Again,

        12       Senator Schneiderman, if you took a look at

        13       the recent reports that were written about the

        14       Katrina response, what you found out was that

        15       many of the big corporations were the best in

        16       responding.

        17                  And I think you will agree with me

        18       wholeheartedly that when it comes to an

        19       emergency, it almost doesn't matter who

        20       provides the service as long as it gets

        21       provided.

        22                  Now, you and I can argue that of

        23       course there should be better government

        24       oversight in terms of the contracts that are

        25       given, there should be a better bang for the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4645



         1       buck in terms of who is going to be refunded

         2       and given money for responding in the course

         3       of an emergency.  We can even talk about how

         4       many of the funds in national disasters are

         5       misspent.

         6                  But the point is this.  How can we

         7       possibly have the arrogance to assume that

         8       government is the only responder possible,

         9       that we cannot engage the private sector at

        10       all?  And that's really what we're talking

        11       about, engaging the private sector.  And

        12       that's what this bill does.

        13                  SENATOR SCHNEIDERMAN:    Thank you.

        14                  This is quite an extraordinary

        15       rhetorical flourish, where, if you pay the

        16       private sector enough, presumably you can get

        17       services.  But I find that your logic is even

        18       a bit more hard to grasp than usual.

        19                  Did you meet with President Bush

        20       this morning?

        21                  SENATOR BALBONI:    Mm-hmm.

        22                  SENATOR SCHNEIDERMAN:    You did.

        23       Okay, thank you.  On the bill, Madam

        24       President --

        25                  SENATOR BALBONI:    Along with a


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4646



         1       whole group of other people, by the way.

         2       Representative Gary Ackerman, a lot of good

         3       Democrats were there also.

         4                  SENATOR SCHNEIDERMAN:    That's

         5       okay.  On the bill.

         6                  ACTING PRESIDENT YOUNG:    Senator

         7       Schneiderman, on the bill.

         8                  SENATOR SCHNEIDERMAN:    Okay.  I

         9       knew he was particularly confused.  I now

        10       understand who he's been talking to and why I

        11       had that impression.

        12                  This is a very bad piece of

        13       legislation, for a very simple reason.  If --

        14       what it does is says that the government, in a

        15       time of crisis, in an emergency, the

        16       government contracts with a for-profit

        17       company -- or a not-for-profit, but it

        18       includes in it for-profits.  This is not a

        19       bill that is limited to volunteers or Good

        20       Samaritans, which is a relatively small number

        21       of participants, unfortunately, in these

        22       situations.

        23                  When the government contracts with

        24       a private-sector company that may very well be

        25       overcharging because of the emergency -- and


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4647



         1       we know from the records of Hurricane Katrina

         2       that this in fact is the case, that some of

         3       these companies come in and charge a lot of

         4       money because they know they've got the

         5       government in a weak negotiating position --

         6       that those private companies will be relieved

         7       from the requirement that in every other area

         8       of their business they exercise reasonable

         9       care in providing services.

        10                  SENATOR BALBONI:    Madam

        11       President, will the gentleman suffer an

        12       interruption, a question?

        13                  SENATOR SCHNEIDERMAN:    "Suffer"

        14       is certainly the right word.

        15                  Madam President, I would be glad to

        16       take a question from the Deputy Secretary of

        17       Homeland Security and Self-Promotion.

        18                  ACTING PRESIDENT YOUNG:    Before

        19       we begin -- wait one second.  Before you

        20       begin, you can't both talk at the same time

        21       because the stenographer cannot record the

        22       conversation.  So I would ask that one speaker

        23       at a time, please.

        24                  SENATOR BALBONI:    Madam

        25       President, through you.  Would the gentleman


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4648



         1       be kind enough to point out where in the bill

         2       language exists that says in an emergency a

         3       contractor is immune from a contract dispute.

         4                  Thank you, Madam President.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Balboni.

         7                  SENATOR SCHNEIDERMAN:    Madam

         8       President, I didn't say that.  But it does

         9       make it clear in this legislation, because the

        10       first sentence is "During a State disaster

        11       emergency," and then states that any firm --

        12       and now I'm reading -- "in the performance of

        13       a contract related to such emergency with the

        14       State or its political subdivisions is exempt

        15       from the law of negligence."

        16                  So I'm not talking a contract

        17       dispute, I'm talking about a tort exemption.

        18       And I would like to note, ladies and

        19       gentlemen, that the --

        20                  SENATOR BALBONI:    Madam

        21       President, would the gentleman suffer another

        22       interruption, please.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Schneiderman, do you yield?

        25                  SENATOR SCHNEIDERMAN:    Yes.  And


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4649



         1       once again, "suffering" is the proper term.

         2                  SENATOR BALBONI:    Madam

         3       President, through you.  Would the gentleman

         4       then explain why is -- why it is we're talking

         5       about government agencies being overcharged by

         6       a company providing a contractual service?

         7                  Thank you, Madam President.

         8                  SENATOR SCHNEIDERMAN:    Ah.  Thank

         9       you.  Thank you.  Now that is an excellent

        10       question.  Thank you.  Thank you, Deputy

        11       Secretary.

        12                  The reason that that's relevant is

        13       to say that we're not talking about, as you've

        14       attempted to characterize it, Good Samaritans

        15       or companies coming to the call of the public

        16       sector.  We're talking about companies that

        17       are on a contract in an emergency that could

        18       very well -- because we know from Hurricane

        19       Katrina there were companies that charged more

        20       than their usual rates because they knew the

        21       government was in a weak negotiating position.

        22                  My point is this.  You take a

        23       company that's on a contract to provide

        24       services that's making money.  This bill would

        25       say in addition to getting the extra money --


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4650



         1       or getting your going rate, either way.  But

         2       we know some companies do overcharge during

         3       emergencies -- in addition to the money,

         4       you're exempt from liability for negligence.

         5                  Now, negligence -- again, I want to

         6       make this clear to everyone here who's voting

         7       on it.  We're not saying that these companies

         8       would be required to behave perfectly.

         9       Mistakes happen.  Negligence is defined by

        10       Black's Law Dictionary as a failure -- and I'm

        11       quoting, "failure to exercise reasonable care

        12       towards others or performing actions which a

        13       reasonable person would not."

        14                  So we're saying to these companies,

        15       act unreasonably.  Act unreasonably.  You

        16       know, negligently fail to inspect the

        17       equipment before you build bridges.  They are

        18       immunized from the requirements of negligence

        19       that apply under the tort law to every other

        20       company doing business in this state because

        21       they happen to get a contract during an

        22       emergency with the State of New York.

        23                  And that is what this bill would

        24       do.  And that, ladies and gentlemen, is not

        25       what we should be doing.  If anything, there


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4651



         1       should be a heightened requirement for people

         2       during emergencies to provide reasonable

         3       care -- again, not perfect care, but

         4       reasonable care.  That's the law of

         5       negligence.  It's good law in the state for

         6       hundreds of years.  It has helped us preserve

         7       the relationship between the recipients of

         8       services and the companies making lots of

         9       money from providing them.

        10                  My point about the emergencies is

        11       that we know during emergencies that there are

        12       situations in which the state has very little

        13       choice but to engage the private sector.

        14       Fine.  That's fine.

        15                  This bill would say, in addition to

        16       paying whatever the market will bear -- which

        17       is often more than the usual rate -- we're

        18       going to immunize these companies and remove

        19       the requirement they treat people reasonably.

        20       So the poor people who needed help during

        21       Hurricane Katrina don't get the reasonable

        22       care that the wealthy would get if they employ

        23       these companies for their private purposes.

        24                  And let me use an example.  It's

        25       not Devil, Inc., it's a real company.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4652



         1       Blackwater, that provides security.  It's

         2       essentially a sort of a private-army company.

         3       And we know during Hurricane Katrina that they

         4       charged money for contracts and provided

         5       security.  We also know that they were

         6       employed by lots of big corporations and

         7       wealthy people to provide security during

         8       emergencies to protect them from the people

         9       who were out of their homes.

        10                  So we're dealing with a situation

        11       in which there are a lot of opportunities for

        12       people to shave the edges of what they're

        13       doing.  Why we would remove, during an

        14       emergency, the requirement that a company

        15       working for the state and getting paid, remove

        16       the requirement that that company exercises

        17       reasonable care towards others is beyond me.

        18                  So I will say this.  I do -- I

        19       mean, all kidding aside, that I very much

        20       respect the sponsor's attention to the issue

        21       of emergency services and to disaster relief.

        22       But removing the requirement that companies

        23       with contracts from the state behave

        24       reasonably and exercise reasonable care in

        25       emergencies is the last thing we should be


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4653



         1       doing.  If we have to pay them, we pay them.

         2       But we shouldn't be providing them an

         3       additional immunity.

         4                  And I'm going to vote no and

         5       encourage everyone else to vote no.  And if

         6       there is a solution to the problem, there are

         7       people in remarkable -- and I would suggest

         8       this for the Good Samaritans, perhaps, people

         9       who do act during an emergency and aren't

        10       being paid -- let's provide indemnification.

        11       The state can provide that if that's

        12       necessary.

        13                  There's no reason to provide

        14       immunization for for-profit companies, which

        15       this bill would do.

        16                  Thank you, Madam President.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator.

        19                  Senator Balboni.

        20                  SENATOR BALBONI:    Madam

        21       President, I'd like to thank the gentleman for

        22       his thoughts on this issue, mostly because

        23       they highlight a complete and utter lack of

        24       understanding about what it is like to respond

        25       in a disaster.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4654



         1                  And I get this frustration from

         2       sitting down with a table full of National

         3       Guardsmen, Coast Guard, police, fire -- and

         4       you know what?  They're not so worried about

         5       the ability of people to bring lawsuits after

         6       a disaster hits.

         7                  You know, the irony with the

         8       argument that we should make sure there's

         9       reasonable compensation for people who have

        10       been injured through negligence is you assume

        11       there's a courthouse left standing.  But yet

        12       go down to Biloxi, Mississippi, and see what

        13       has happened to their society and their

        14       structure.

        15                  Look, we can argue about tort

        16       reform and we can argue --

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       DeFrancisco, why do you rise?

        19                  SENATOR DeFRANCISCO:    I wonder if

        20       Senator Balboni would yield to a question.

        21                  SENATOR BALBONI:    Yes, I will.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you, Senator.

        24                  SENATOR DeFRANCISCO:    Senator

        25       Balboni, is there any statistics or any


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4655



         1       studies that you've come up with that

         2       indicated there's a difficulty in hiring

         3       companies to make money during a state of

         4       emergency?

         5                  SENATOR BALBONI:    Yes.

         6                  SENATOR DeFRANCISCO:    Can you

         7       give me some -- what study was it that you

         8       had?

         9                  SENATOR BALBONI:    Sure.  Well,

        10       the study was not actually formalized in the

        11       sense of a true report.  What it was was a

        12       report through the Conference of Mayors and

        13       through the Department of Homeland Security

        14       that talked about the inability to get private

        15       property owners to lease out their buildings

        16       and to do so in a way where they could have

        17       immunity from liability using their

        18       facilities.  And this is a huge problem,

        19       actually, in the metropolitan area, so you

        20       bring up a great point.

        21                  And you know what's interesting,

        22       Senator DeFrancisco, up in your area, in

        23       Syracuse, as you know, we were looking for the

        24       fairgrounds to be used as a place for staging.

        25       And one of the great concerns, ironically, was


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4656



         1       that many of the property owners up there

         2       said:  You know what, we can't do it.  We're

         3       concerned about some of the problems of

         4       getting the goods in there and some of the

         5       circumstances surrounding the liability.

         6                  And you know, Senator, this has

         7       become a huge issue nationally, but it has

         8       shown its head here when it comes to the

         9       simple thing of protecting for a pandemic, an

        10       avian flu.  Because what you have here is the

        11       many private hospitals who are trying to set

        12       up distribution centers outside their

        13       hospitals and they can't find the places to do

        14       it.

        15                  As a matter of fact, I would

        16       recommend that you talk to guys like Mike

        17       Dowling, who heads up the North Shore-Long

        18       Island Jewish Health Center, and his

        19       difficulty in trying to set up these types of

        20       situations outside of the hospital setting and

        21       to get private owners.  And in addition to

        22       which, you could call Dr. Robert Scott of

        23       Adelphi University and ask him.

        24                  So the difficulty is I know,

        25       Senator, that you would like, being the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4657



         1       attorney that you are, the good attorney that

         2       you are, facts and figures on this.  But a lot

         3       of this is anecdotal.  And the funny thing is

         4       when people are not willing to present their

         5       building for use during an emergency, there's

         6       a lot of factors that could go into it.  But

         7       the thing that they tell me, the thing that

         8       they tell the people who run the emergency

         9       management centers is that they're nervous

        10       about liability.  And that's why we put this

        11       bill in.

        12                  SENATOR DeFRANCISCO:    Would the

        13       Senator yield to another question.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Balboni, do you yield?

        16                  SENATOR BALBONI:    Yes, I would.

        17                  ACTING PRESIDENT YOUNG:    He

        18       yields.

        19                  SENATOR DeFRANCISCO:    Were you

        20       are aware that the state fairgrounds is a

        21       governmental --

        22                  SENATOR BALBONI:    Yes, as a

        23       matter of fact --

        24                  SENATOR DeFRANCISCO:    -- a

        25       governmental -- excuse me --


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4658



         1                  SENATOR BALBONI:    Madam

         2       President, I knew he was going to say that,

         3       and many of the vendors --

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       Balboni -- Senator Balboni, would you let

         6       Senator DeFrancisco ask the question, please.

         7                  SENATOR BALBONI:    Sure.

         8                  SENATOR DeFRANCISCO:    Senator,

         9       did you know that the state fairgrounds is a

        10       governmentally owned facility that will not be

        11       affected in any way, shape or form by this

        12       bill?

        13                  SENATOR BALBONI:    Madam

        14       President, through you, I think that you're

        15       wrong.  I think that the vendors who would

        16       service that state fairground would in fact be

        17       affected by this.  And as a matter of fact,

        18       this is exactly the reason why I did this

        19       bill.

        20                  ACTING PRESIDENT YOUNG:    Senator

        21       DeFrancisco.

        22                  SENATOR DeFRANCISCO:    I'll wait

        23       to speak on the bill because -- I've got more

        24       to say.  I'll wait to speak on the bill

        25       because I'd prefer really to get a succinct


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4659



         1       answer to a question that's consistent with

         2       the last answer.  So maybe I'll try one other

         3       question.

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       Balboni, do you yield?

         6                  SENATOR BALBONI:    Yes.

         7                  SENATOR DeFRANCISCO:    If I'm not

         8       mistaken, your argument was that the only

         9       information you have is about people who own

        10       buildings that are unable to -- unwilling to

        11       provide those buildings during a state of

        12       emergency concerning liability.  And that's

        13       their concern.

        14                  And the point of my question with

        15       respect to the state fairgrounds is that is a

        16       property owner, a governmental owner, and that

        17       it's not a vendor.  And so I'm trying to

        18       figure out how we jump -- and I guess maybe

        19       you can explain it -- how we jump from the

        20       basis for showing that this is a real problem

        21       re property owners to now talking about

        22       vendors at the state fair.

        23                  SENATOR BALBONI:    Madam

        24       President, through you.  Are you ready?

        25                  ACTING PRESIDENT YOUNG:    Yes.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4660



         1                  SENATOR BALBONI:    The gentleman

         2       is confused, and I know why he's confused.

         3       Because in response to his question as to

         4       whether or not there was an actual report, the

         5       report related to property owners.  As it

         6       relates to the terms and conditions of this

         7       bill, this bill would affect vendors who

         8       actually supply services to places like the

         9       fairgrounds.  So there were two aspects of the

        10       answer.

        11                  SENATOR DeFRANCISCO:    One more

        12       question.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Balboni, do you yield?

        15                  SENATOR BALBONI:    Yes, I do.

        16                  ACTING PRESIDENT YOUNG:    He

        17       yields.

        18                  SENATOR DeFRANCISCO:    Senator

        19       Balboni, may I have a copy of that report that

        20       you just referred to that's in existence?

        21                  SENATOR BALBONI:    Madam

        22       President, through you.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Balboni.

        25                  SENATOR BALBONI:    I believe if


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4661



         1       you read back the transcript you'll see,

         2       Senator, that I mentioned it was not so much a

         3       formal report as it was mostly anecdotal

         4       information.

         5                  SENATOR DeFRANCISCO:    Another

         6       question, please, if he will yield.

         7                  ACTING PRESIDENT YOUNG:    Senator

         8       DeFrancisco.

         9                  SENATOR DeFRANCISCO:    So you are

        10       equating, in your argument, report with

        11       anecdotal information?

        12                  SENATOR BALBONI:    That's correct.

        13                  SENATOR DeFRANCISCO:    All right.

        14       One other question, if you will.

        15                  ACTING PRESIDENT YOUNG:    Senator

        16       Balboni, will you yield?

        17                  SENATOR BALBONI:    Yes, I do

        18       yield.

        19                  SENATOR DeFRANCISCO:    Senator

        20       Balboni, with respect to this issue of

        21       liability, I guess my question is if there is

        22       no report or no hard information other than

        23       anecdotal information upon which it's

        24       difficult to get private companies to act in

        25       emergencies, and given the fact that there are


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4662



         1       companies that do act in emergencies and in

         2       many, many instances get a premium because of

         3       the emergency, why the people that they're

         4       dealing with should not have protection

         5       against simple negligence.

         6                  SENATOR BALBONI:    I'm sorry, what

         7       was your question?

         8                  SENATOR DeFRANCISCO:    My question

         9       was, given the fact that there's no hard

        10       evidence, just anecdotal information, and

        11       given the fact that it's widely known that

        12       private companies get premiums during the

        13       states of emergency, why private citizens

        14       should not be protected against negligence

        15       during these terrible times of national

        16       emergencies.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Balboni.

        19                  SENATOR BALBONI:    Madam

        20       President, through you.  The gentleman's

        21       question presumes a number of different

        22       things.

        23                  Number one, that anecdotal evidence

        24       is unworthy of consideration.  I would ask the

        25       gentleman -- and I know he has, he just is


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4663



         1       taking this particular point -- to talk to his

         2       fire chiefs, talk to his emergency managers in

         3       his neck of the woods, and come down and talk

         4       to mine.  I'd be happy to host you.  And you

         5       can meet a lot of the wonderful volunteers who

         6       try to set up these programs.  In fact, the

         7       Nassau County Department of Health has done a

         8       pretty good job, and they have information on

         9       this.

        10                  And, secondly, the wild

        11       overcharging.  I realize that there were

        12       difficulties in some of the emergency

        13       responses nationally, but the point -- I

        14       thinks that the gentleman is missing the point

        15       of the bill.  I know we're focused on civil

        16       liability, and we know how important civil

        17       liability is.  But in an emergency, all things

        18       are suspended.  That's kind of the point.

        19                  I know that the gentleman would

        20       hate to have martial law ever imposed.  I

        21       would hate to mention that sometimes martial

        22       law is necessary.  And during martial law,

        23       there are suspension of many of the rights of

        24       our society.  And that's what this bill does.

        25       It talks about emergencies only.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4664



         1                  To apply the normal, tired tort

         2       reform issue to emergencies is really not

         3       appropriate in this matter, particularly --

         4       you know, we have been lucky.  Madam

         5       President, we are so lucky in this state.

         6       Besides 9/11, we have never really had this

         7       disaster affect us on a statewide basis.

         8                  ACTING PRESIDENT YOUNG:    Senator

         9       DeFrancisco, why do you rise?

        10                  SENATOR DeFRANCISCO:    Would the

        11       Senator yield to another question.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Balboni, will you yield?

        14                  SENATOR BALBONI:    Yes, I do,

        15       Madam President.

        16                  ACTING PRESIDENT YOUNG:    The

        17       Senator yields.

        18                  SENATOR DeFRANCISCO:    Senator,

        19       being so involved in this issue as you are,

        20       you've heard of reports where there's been

        21       allegations of fraud against many companies

        22       who have purchased extravagant items for

        23       themselves that should have gone to the

        24       victims of a national disaster.  Have you

        25       heard of those?


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4665



         1                  SENATOR BALBONI:    Madam

         2       President, through you, I've heard of those.

         3                  I have also heard of the White

         4       House report, which I have on my desk -- I'll

         5       give it to you, you can read it, it's about

         6       275 pages -- wherein the federal government

         7       actually talks about the private sector as

         8       being in a better position to provide services

         9       than the federal government.

        10                  And that's, again, the purpose of

        11       the bill.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       DeFrancisco.

        14                  SENATOR DeFRANCISCO:    May I ask

        15       another question.

        16                  ACTING PRESIDENT YOUNG:    Will you

        17       yield, Senator Balboni?

        18                  SENATOR BALBONI:    Yes.

        19                  SENATOR DeFRANCISCO:    If it turns

        20       out that any of these allegations are correct,

        21       where money was being misused by private

        22       companies, and they are either sued for

        23       misappropriating government funds or they are

        24       prosecuted for fraud, under your bill, would

        25       those companies be immune from liability if


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4666



         1       during the course of their activities they

         2       killed someone by being negligent?

         3                  SENATOR BALBONI:    Madam

         4       President, through you.

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Balboni.

         7                  SENATOR BALBONI:    I believe the

         8       gentleman is mixing apples and oranges.  The

         9       bill talks about immunity from negligence.

        10       Last I checked, most contractual relationships

        11       are governed by the law of contract.

        12                  Now, if you happen to kill somebody

        13       in the middle of negotiating a contract, I --

        14       you know --

        15                  SENATOR DeFRANCISCO:    May I ask

        16       another question, please.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Balboni, do you yield?

        19                  SENATOR BALBONI:    Yes, I do,

        20       Madam President.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Senator yields.

        23                  SENATOR DeFRANCISCO:    Let me try

        24       the question again, because you obviously

        25       didn't understand it.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4667



         1                  A company has a contract for

         2       providing services during Katrina.  It's

         3       proven that they fraudulently used that money

         4       for something else.  And they're prosecuted or

         5       they're asked to give the money away, and they

         6       breach their contract.

         7                  While doing their contract, in the

         8       course of doing their work, separate incident,

         9       they hurt somebody or kill somebody while

        10       doing their job.

        11                  Under your bill, irrespective of

        12       their other bad activities, would those

        13       companies be immune from liability for the

        14       negligence in hurting or killing somebody?

        15                  SENATOR BALBONI:    Madam

        16       President, through you.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Balboni.

        19                  SENATOR BALBONI:    The bill sets

        20       up several requirements under the direction of

        21       the state or its political subdivisions.  That

        22       is one of the requirements.

        23                  It could be argued that if a

        24       company that was contracting with a local

        25       government completely abandoned the contract


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4668



         1       and were not providing the services, as was

         2       with your hypothetical, that in fact they

         3       would fall outside the scope of this, for both

         4       the contract, which it would automatically --

         5       I mean this bill would not affect at all, and

         6       for their negligence.

         7                  Madam President, on the bill.  May

         8       I continue?

         9                  SENATOR DeFRANCISCO:    Yes.  Yes.

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Balboni, on the bill.

        12                  SENATOR BALBONI:    Let me just end

        13       with this.  This issue is reaching a crisis in

        14       other parts of the nation.  And I would argue

        15       with anybody here in this chamber, if you're

        16       really interested in this and don't just want

        17       to make this a political football, go and talk

        18       to the survivors of Katrina, go and talk to

        19       the folks not just in New Orleans, but go and

        20       talk to them in Biloxi, Mississippi, and go

        21       and talk to them about the civil

        22       infrastructure and what they needed and what

        23       they didn't have.

        24                  This is a very commonsense

        25       approach.  And I hope that we'll suspend our


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4669



         1       usual prayer at the altar of tort liability

         2       for the recognition that in an emergency, it's

         3       all hands on deck.

         4                  Thank you, Madam President.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Balboni.

         7                  Senator DeFrancisco.

         8                  SENATOR DeFRANCISCO:    On the

         9       bill.

        10                  ACTING PRESIDENT YOUNG:    On the

        11       bill.

        12                  SENATOR DeFRANCISCO:    You know, I

        13       just cannot understand for the life of me this

        14       feeling that tort liability and protecting

        15       citizens from the negligence of others is some

        16       un-American or some type of activity that

        17       should be treated with disgust.

        18                  People get hurt every day of the

        19       week.  Somehow they've got to be compensated.

        20       If the person responsible for the negligence

        21       which caused injury or death is not the one to

        22       provide the compensation, then somebody else

        23       has to.  Because those people have injuries,

        24       they have medical expenses, they have families

        25       that they have to support.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4670



         1                  So the concept of a private right

         2       of action is as American as any other law or

         3       any other field of the law that we have.  And

         4       it's a simple responsibility.  Just like we

         5       talked about the death penalty, many of the

         6       same people who may be for this bill get on

         7       the floor and say, you know, an eye for an eye

         8       or teeth for a tooth and we've got to deter

         9       these type of people.

        10                  Well, how is it any different

        11       trying to deter bad behavior that results in

        12       injury through negligence than it is to deter

        13       somebody from committing a violent act?  It's

        14       the same concept.  There's certain civilized

        15       activities, certain activities people should

        16       be held responsible for.

        17                  Now, with that said, you know, this

        18       is not at the altar of any civil liability or

        19       altar of whatever was just said.  This is a

        20       basic principle that I think is a very, very

        21       good principle.  Rather than government taking

        22       care of every evil in society, have the

        23       responsible person do it from time to time.

        24                  Now, what makes this bill

        25       particularly bad as far as I'm concerned is


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4671



         1       that these individuals who are privately

         2       contracting with the government to do work

         3       during states of emergency generally, at least

         4       what I hear and what I understand, is they get

         5       a premium for their activities.  And their

         6       activities are in a very bad situation during

         7       a case of a national emergency or an emergency

         8       of some type.  And it seems to me that people

         9       who are injured in the course of their

        10       activities, especially from groups that are

        11       getting premiums for providing their services,

        12       should have the same protection as any other

        13       citizens during any other time.

        14                  And in the event that someone

        15       cannot find those individuals to perform the

        16       work, it seems to me -- I think that it's

        17       unlikely, but if it is, then pay a higher

        18       premium.  But don't let them just do their

        19       work that could result in injury without

        20       consequences to other people.

        21                  In addition, despite the

        22       interpretation of the bill by the sponsor, I

        23       firmly believe that the situation where

        24       someone does commit fraud, does not provide

        25       the emergency assistance to who they're


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4672



         1       supposed to provide it to and is even

         2       prosecuted for that, under this bill they're

         3       immune from liability if in the course of

         4       performing their fraud and performing their

         5       work they're in a situation where they hurt or

         6       kill somebody.

         7                  Now, I think that's wrong.  And I

         8       think this is something that it may sound good

         9       if you -- if it's a rhetorical discussion, but

        10       on the other hand it's taking away some basic

        11       principles of our society.  And I feel very

        12       strongly that this bill should be voted down

        13       for the reasons stated.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator DeFrancisco.

        16                  Senator Diaz.

        17                  SENATOR DIAZ:    Thank you, Madam

        18       President.  Would the sponsor yield for a

        19       question, please.

        20                  ACTING PRESIDENT YOUNG:    Senator

        21       Balboni, do you yield?

        22                  SENATOR BALBONI:    Oh, all right.

        23                  (Laughter.)

        24                  SENATOR DIAZ:    Senator Balboni,

        25       before I ask you a question, I have to say I


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4673



         1       appreciate your effort and your leadership in

         2       the committee, the Homeland Security

         3       Committee, which I am a member of, and for all

         4       the time that you have come to my district.

         5                  SENATOR BALBONI:    Thank you very

         6       much.

         7                  SENATOR DIAZ:    And in the future

         8       you are coming to my district, so I appreciate

         9       that.

        10                  I just wanted to clarify something

        11       from you.  When I read the bill it said it

        12       does not apply to cases involving gross

        13       negligence or willful misconduct, nor from

        14       damages, injuries or death sustained due to

        15       the operation of a motor vehicle.

        16                  In the letter of opposition from

        17       the trial lawyers, it says under this bill

        18       they will not be liable for injury or death

        19       that might result from their negligence.

        20                  We know that there is a difference

        21       between negligence and gross negligence.  Will

        22       you please, for the record, tell me what is

        23       the difference between negligence and gross

        24       negligence?

        25                  SENATOR BALBONI:    Madam


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4674



         1       President, through yourself, I probably should

         2       go to Black's Law Dictionary.  And maybe

         3       Senator DeFrancisco, the law professor, could

         4       expound on this.

         5                  But essentially, simple negligence

         6       is where someone breaches a common duty in

         7       society.  Essentially, that's the broadest

         8       discussion of it.

         9                  Gross negligence is something that

        10       is akin to -- it has an element of

        11       recklessness or almost criminality.  In other

        12       words, it gets to be so bad -- and when it

        13       talks about willful, that means you meant to

        14       do it, you meant to hurt the other individual,

        15       you meant to commit the act.  It's not so much

        16       intentional, but it's done in a way that

        17       involves negligence but is a much higher

        18       standard of disregard to your common people or

        19       to the situations in which you are operating.

        20                  SENATOR DIAZ:    Madam President,

        21       would the sponsor yield for another question.

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Balboni, do you yield?

        24                  SENATOR BALBONI:    Yes, I do.

        25                  ACTING PRESIDENT YOUNG:    Thank


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4675



         1       you.

         2                  Senator Diaz.

         3                  SENATOR DIAZ:    Senator Balboni,

         4       you might not want to answer this one, but I'm

         5       going to ask it anyway.

         6                  Why do you think that the trial

         7       lawyers are opposing this bill?

         8                  SENATOR BALBONI:    Madam

         9       President, through you, I believe that the

        10       trial lawyers are concerned with the

        11       preservation of the right to sue under any

        12       circumstances.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Diaz.

        15                  SENATOR DIAZ:    Through you, Madam

        16       President, will the sponsor yield.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Balboni, will you yield?

        19                  SENATOR BALBONI:    Yes, I do.

        20                  ACTING PRESIDENT YOUNG:    The

        21       Senator yields.

        22                  SENATOR DIAZ:    Can you give me

        23       any scenario or an example where we have an

        24       amazing disaster and somebody commits

        25       negligence in their duties?


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4676



         1                  SENATOR BALBONI:    Sure.  Madam

         2       President, through you.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Balboni.

         5                  SENATOR BALBONI:    We have an

         6       emergency, a Class 3 hurricane is coming to

         7       Manhattan, and the owner of private warehouse

         8       that actually happens to be up in the heights,

         9       people approach him, the government comes to

        10       him and says, Open your doors, we need to get

        11       people out of the low-lying areas, we don't

        12       have enough capacity in downtown, so put them

        13       in your building.

        14                  As they go in through the building,

        15       the floor is very old and is a parquet and is

        16       wet, and is actually -- there's no -- there's

        17       no care on the part of the property owner to

        18       put down a sign that says:  Be careful, floor

        19       is wet.  Or the stairway has not been kept in

        20       repair and therefore it's crumbling in some

        21       sections, and someone, in their rush to go up,

        22       they fall and they get injured.

        23                  Now, those are examples of what

        24       could result from negligence in an emergency,

        25       the failure to properly notify someone of a


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4677



         1       hazardous condition on your property or have a

         2       piece of the infrastructure that could lead

         3       somebody to sustain an injury.

         4                  SENATOR DIAZ:    Thank you.

         5                  On the bill, Madam President.

         6                  ACTING PRESIDENT YOUNG:    Senator

         7       Diaz, on the bill.

         8                  SENATOR DIAZ:    I was listening to

         9       Senator DeFrancisco when he was talking, and

        10       he said something referring to tort reform.

        11       And one of his comments, if I recall, he said

        12       that why do we want to prevent people from

        13       suing for collecting damages from people that

        14       commit negligence.

        15                  Tort reform and suing, a few weeks

        16       ago there was a bill here where, in the name

        17       of protecting the people, it was intended to

        18       give the authority to a perpetrator, to a

        19       criminal who goes into someone's apartment to

        20       rob or to steal and in that process, if the

        21       owner of the apartment hurts the perpetrator

        22       that went into that apartment, into that

        23       house, the bill was intended to give

        24       authority, to give power to the criminal to

        25       sue the owner of the house.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4678



         1                  I don't think that that is

         2       something that we could say is on behalf of

         3       the consumer.  On the contrary, that is

         4       something that is on behalf of the criminals

         5       and not the victims.  And we are here always,

         6       supposedly, to protect the victims, not the

         7       criminals.

         8                  There was another incident where,

         9       in the name of protecting people, we intend to

        10       give the authority to sue the makers of the

        11       cars, in cases where somebody needs a car and

        12       in that process hurts someone, the driver

        13       hurts someone, that the owner of the company

        14       that makes the car be also liable for the

        15       incident that occur where the car was leased

        16       by someone else.

        17                  What that has done is that right

        18       now in the Bronx, in my neighborhood, people

        19       cannot lease cars.  People cannot afford to

        20       lease a car because companies already pull

        21       away from leasing cars.  And consumers, the

        22       people are paying a lot more now to lease a

        23       car and to have that luxury of leasing a car

        24       because we are trying to protect, according to

        25       the tort laws, to protect people.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4679



         1                  I believe that the explanation that

         2       Senator Balboni just gave me on the gross

         3       negligence and simple negligence is fair

         4       enough.  And I think that this bill, this bill

         5       really caused that those people that commit

         6       gross negligence and willful misconduct, in

         7       the process of that, they could be sued.  But

         8       somebody in the process of helping someone

         9       else, without knowledge, without planning

        10       commit a negligence, I don't think that person

        11       should be sued, especially when it is a state

        12       emergency or disaster.

        13                  So I think that I'm voting for this

        14       bill.  And I congratulate Senator Balboni for

        15       always looking out for the small guys.

        16                  Thank you, Senator Balboni.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator Diaz.

        19                  Senator Connor.

        20                  SENATOR CONNOR:    Thank you, Madam

        21       President.

        22                  You know, looking out for the small

        23       guys, that's -- that, Madam President, is

        24       exactly the great democratization that took

        25       place in the common law.  Because, you know,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4680



         1       Senator DeFrancisco talked about it, the right

         2       to recover for negligence.  In terms of what

         3       it is, it's a way to apportion risk, if you

         4       will, damages, and have it fall on the person

         5       whose lack of care caused the injury

         6       initially, rather than on society as a whole.

         7       Of course there is insurance.  That's why they

         8       got insurance, to spread is that risk.

         9                  But as American as apple pie?  I'm

        10       afraid it's as English as fish and chips.  It

        11       goes back in the common law.

        12                  And the right to recover for

        13       negligence was an important right, but it

        14       didn't mean very much for the little guy.  It

        15       meant nothing for the little guy.  When the

        16       Duke of Marlborough's carriage ran over some

        17       poor workman in the street, it meant nothing.

        18       Now, if he ran over the Earl of Norfolk, it

        19       meant something.  The Earl of Norfolk could

        20       sue.  The poor working man in the street, he

        21       couldn't sue.  Where is he going to get a

        22       barrister?  Where is he going to get a lawyer

        23       to plead his case?  How's he going to pay

        24       court fees and have access to the courts?

        25                  The fact is the much-maligned trial


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4681



         1       bar, going back to common-law days when they

         2       seized upon the concept of a contingent fee --

         3       which I know the press likes to, in a big

         4       case, they go, Oh, and the lawyer walks away

         5       with a third.  They never write a story where

         6       the recovery was nothing, the lawyer had

         7       advanced hundreds of thousands of dollars in

         8       costs for expert witnesses and so on and he

         9       gets nothing, loses money.

        10                  The fact is the contingent fee is

        11       for the little guy.  It's for working men and

        12       women who can't afford lawyers.  So when

        13       somebody who's fortunate enough to afford a

        14       carriage or a motor car or whatever injures

        15       them, or when someone who owns a business

        16       injures them, they do have recourse.  They

        17       don't simply have to go away and have their

        18       family bear the burden of such an injury, a

        19       debilitating injury.

        20                  Now, in the case we're talking

        21       about here, Madam President, the case of

        22       people --

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Diaz, why do you rise?

        25                  SENATOR DIAZ:    Would Senator


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4682



         1       Connor yield for a question.

         2                  ACTING PRESIDENT YOUNG:    Senator

         3       Connor, do you yield?

         4                  SENATOR CONNOR:    Certainly, Madam

         5       President.

         6                  ACTING PRESIDENT YOUNG:    The

         7       Senator yields.

         8                  SENATOR DIAZ:    Senator Connor,

         9       when a little guy hires a trial lawyer to sue

        10       to get some money, what is the fee for the

        11       trial lawyers?

        12                  SENATOR CONNOR:    If the trial

        13       lawyer doesn't recover anything for the little

        14       guy, the fee is zero and the trial lawyer pays

        15       all the expenses.

        16                  If the trial lawyer recovers, he

        17       gets a percentage of the fee.  It's on a

        18       sliding scale.  For smaller cases, it's

        19       one-third of the recovery.

        20                  SENATOR DIAZ:    One-third.

        21                  SENATOR CONNOR:    That's correct.

        22                  SENATOR DIAZ:    Through you, Madam

        23       President, will Senator Connor yield.

        24                  ACTING PRESIDENT YOUNG:    Senator

        25       Connor, do you continue to yield?


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4683



         1                  SENATOR CONNOR:    Certainly, Madam

         2       President.

         3                  ACTING PRESIDENT YOUNG:    The

         4       Senator yields.

         5                  SENATOR DIAZ:    So isn't it true,

         6       isn't that true that if somebody sues -- if I

         7       got hurt and I get a trial lawyer and I sue

         8       for $100,000, the trial lawyer, no matter

         9       what, would get a third of that?  That would

        10       be $33,000.

        11                  SENATOR CONNOR:    Well, no.  No.

        12       In answer to the question, Madam President, if

        13       the client recovers $100,000, the trial lawyer

        14       gets a third of that.

        15                  If the client recovers nothing, the

        16       trial lawyer actually loses thousands of

        17       dollars that he's advanced to process the case

        18       and gets nothing.

        19                  And, Madam President, I'd go

        20       further in answering this question and say if

        21       the little guy doesn't hire a trial lawyer and

        22       sue, he also gets nothing.

        23                  SENATOR DIAZ:    Through you, Madam

        24       President, will Senator Connor still yield.

        25                  ACTING PRESIDENT YOUNG:    Senator


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4684



         1       Connor, do you yield?

         2                  SENATOR CONNOR:    Certainly, Madam

         3       President.

         4                  ACTING PRESIDENT YOUNG:    The

         5       Senator yields.

         6                  SENATOR DIAZ:    So out of that

         7       $100,000, the small guy has to pay all the

         8       bills for the doctors, the technicians, any

         9       expenses, but the trial lawyer will always get

        10       his one-third, no matter that all those

        11       expenses will be paid out of the money from

        12       the client.

        13                  SENATOR CONNOR:    No.  The trial

        14       lawyer pays the expenses of trial.  He pays

        15       expert witnesses, he pays for expert medical

        16       witnesses, he pays for the cost of

        17       transcripts.  He pays for that whether he wins

        18       or loses.

        19                  He gets the third if he wins.

        20                  SENATOR DIAZ:    And through you,

        21       Madam President.

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Connor, do you yield?

        24                  SENATOR CONNOR:    And the victim

        25       -- yes.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4685



         1                  SENATOR DIAZ:    And the victim

         2       will have to cover, out of the two-thirds that

         3       the victim gets, has to pay all the medical

         4       bills and all the other expenses.  Sometimes

         5       that victim ends up with zero or with maybe 15

         6       or --

         7                  ACTING PRESIDENT YOUNG:    Senator

         8       Diaz, could I ask you to address your comments

         9       to the chair, please.

        10                  SENATOR DIAZ:    I'm asking him a

        11       question.

        12                  ACTING PRESIDENT YOUNG:    To the

        13       chair.

        14                  SENATOR DIAZ:    But I thought I

        15       had the floor.

        16                  SENATOR CONNOR:    Madam President,

        17       I have the floor.  I've yielded for a

        18       question.

        19                  SENATOR DIAZ:    So I'm saying that

        20       after the $100,000 is issued, the trial lawyer

        21       will get a third of that, the victim has to

        22       pay all the rest of the bill, and isn't that

        23       true that sometimes the victim might end up

        24       with only $20,000?

        25                  SENATOR CONNOR:    Madam President,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4686



         1       it's possible.

         2                  But I would point out that the

         3       victim is not being rewarded for getting

         4       injured.  The victim is not supposed to come

         5       away rich or richer than he was.  The victim

         6       is being compensated for the medical costs,

         7       pain and suffering, and other things that he

         8       suffered.

         9                  So the fact that that compensation

        10       may go to pay his medical bills, Madam

        11       President, is precisely what it's designed to

        12       do.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Diaz.

        15                  SENATOR DIAZ:    Another question,

        16       through you.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Connor, do you yield?

        19                  SENATOR CONNOR:    Yes, I do, Madam

        20       President.

        21                  ACTING PRESIDENT YOUNG:    Senator

        22       Diaz, could you address the question to me.

        23                  SENATOR DIAZ:    Okay.  My last

        24       one.  Ain't that true that it would be to the

        25       advantage of the trial lawyers to be able to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4687



         1       always sue, because they will always get a

         2       third no matter what if they collect some

         3       money?  So it will be -- ain't that true that

         4       it would be to the advantage of the trial

         5       lawyers to just sue, sue, sue, sue, sue and

         6       nothing but sue?

         7                  ACTING PRESIDENT YOUNG:    Senator

         8       Connor.

         9                  SENATOR CONNOR:    Madam President,

        10       as I understand the question, let me say the

        11       answer is no.

        12                  Unfortunately, unfortunately this

        13       Legislature a number of years ago adopted a

        14       provision that I think actually acts in

        15       derogation of the lawyer's obligation to the

        16       client.  And that is when they said you could

        17       no longer get a third of whatever is recovered

        18       but had a sliding scale.  So the more that's

        19       recovered, the smaller the percentage of the

        20       fee that goes to the lawyer.

        21                  Now, a lot of lawyers feel that

        22       this could be impugning their professional

        23       responsibilities, because there suddenly

        24       becomes a disincentive for the lawyer to get

        25       as much as he possibly can for his client,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4688



         1       whereas, whereas a straight percentage compels

         2       the lawyer.

         3                  So the question is won't the lawyer

         4       oversue.  Well, if the lawyer oversues and

         5       gets nothing, the lawyer gets nothing.  If he

         6       oversues and gets a lot more money, the client

         7       gets a lot more money.

         8                  But the fact that the client has to

         9       pay the medical bills makes sense.  The client

        10       is being compensated for the injuries.  It's

        11       not the same, Madam President, as winning the

        12       lottery.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you, Senator.

        15                  Senator Diaz.

        16                  SENATOR DIAZ:    Would Senator

        17       Connor yield.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Connor, will you yield?

        20                  SENATOR CONNOR:    Certainly, Madam

        21       President.

        22                  ACTING PRESIDENT YOUNG:    The

        23       Senator yields.

        24                  SENATOR DIAZ:    Isn't that true

        25       that before a trial lawyer gets involved in a


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4689



         1       case he checks the case back and forth and is

         2       about 90 percent sure that he will collect

         3       money before getting the case?

         4                  SENATOR CONNOR:    Madam President,

         5       that just depends on the lawyer.  Of course,

         6       the lawyer is obligated professionally to make

         7       a due diligence assessment of the case because

         8       you're not supposed to bring frivolous cases.

         9       And obviously before the lawyer invests a lot

        10       of money in the expenses of the trial, he's

        11       going to do that.

        12                  But as I was saying, Madam

        13       President, with respect to this bill the fact

        14       that someone is responding in an emergency

        15       ought not provide total immunity to the

        16       consequences of the responder's negligence.

        17                  You know, I could see a reason --

        18       we'll use Senator Balboni's example.  I've got

        19       a warehouse, I know the floors are rotten and

        20       creaky.  I know -- I've been told, I've been

        21       told by inspectors:  Don't put too much weight

        22       on these floors.  You know, no forklift trucks

        23       in this warehouse.  You've got really weak

        24       floor and the bearing load -- and the

        25       stairway, don't use the stairway because the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4690



         1       stairs are defective.

         2                  And lo and behold, the authorities

         3       come to me and say, It's a great emergency, we

         4       want to open your warehouse to all these

         5       people.  Your business has kind of taken a

         6       downturn.  TV cameras are there, they're going

         7       to take a picture with the facade of your

         8       building with the big sign of your company up

         9       there.  Everybody is going to think you did

        10       good.

        11                  So you think, I'm going to take the

        12       chance, because I'm going to help these people

        13       and I'm going to get all the goodwill.  The

        14       goodwill that I'm going to get when it's

        15       publicized that, you know, Martin Connor's

        16       warehouse took in 3,000 refugees of the

        17       hurricane.

        18                  And lo and behold, they all get in

        19       my warehouse and the floor collapses.  Madam

        20       President, can anyone seriously think -- and

        21       the ones who don't fall through the floor use

        22       that staircase that Senator Balboni described,

        23       with the defective steps.  And I knew they

        24       were bad, too; I was kind of hoping I'd just

        25       get away with it for a couple of days and get


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4691



         1       all that good publicity.

         2                  Can anyone suggest I should be

         3       immune from the consequences of my negligence?

         4       I think not, Madam President.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Connor.

         7                  Any other Senator wishing to be

         8       heard?

         9                  The debate is closed.

        10                  The Secretary will ring the bell.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Diaz, to explain your vote.

        19                  SENATOR DIAZ:    Thank you, Madam

        20       President.

        21                  We're talking about suing and

        22       protecting the little guy.  Most of the little

        23       guys in my district, when they get hurt and

        24       they have to pay a trial lawyer to help them,

        25       most of -- there are two scenarios here.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4692



         1                  One is that the person, the little

         2       guy sometimes receives Medicaid, Medicare or

         3       is on welfare.  After they get sued -- and the

         4       lawyer always will get, he or she, her

         5       third -- and then pays all the bills, whatever

         6       the little guy gets, they never get it.  They

         7       have to go back to Medicaid, have to go back

         8       to Medicare, have to go back to welfare.  They

         9       never get anything.  The lawyer will always

        10       get the money.

        11                  The second scenario, the second

        12       scenario is I have a lady in my church who

        13       broke her leg.  I'm a pastor.  She breaks her

        14       leg, she hires a lawyer, they sue.  That

        15       lawyer sent her to a doctor, that doctor sent

        16       her to another doctor for therapy, for

        17       follow-up, for treatment, for whatever.  When

        18       she got a hundred thousand dollars, the lawyer

        19       got his third, the lady had to pay everybody

        20       else and she ends up with $15,000.  Everybody

        21       had their money.  This is a business, good for

        22       trial lawyers.

        23                  ACTING PRESIDENT YOUNG:    Can we

        24       have some order, please.

        25                  SENATOR DIAZ:    So I'm voting


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4693



         1       no -- I'm voting yes.  I'm voting yes.  I'm

         2       voting yes.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Diaz will be recorded in the affirmative.

         5                  Senator Krueger, to explain her

         6       vote.

         7                  SENATOR LIZ KRUEGER:    Thank you,

         8       Madam President.

         9                  Well, I listened to the debate.

        10       And if you listened to part of the argument,

        11       you would think we were arguing a Good

        12       Samaritan bill where we were talking about

        13       people who were volunteering their services in

        14       an emergency.

        15                  And if it had been a Good Samaritan

        16       bill for volunteers, I could have bought into

        17       some of the arguments that Senator Balboni

        18       made about wanting to make exceptions to

        19       standard civil torts protections.

        20                  But in fact, this bill is about

        21       contractors.  This bill is about people who

        22       are making money for the business services

        23       they are providing, even in terms of in an

        24       emergency situation.  And there was a

        25       reference to, in fact, New Orleans in the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4694



         1       discussion.  And one of the things we know now

         2       from New Orleans is that while many companies

         3       went in there to try to provide good services,

         4       several of them were in fact exploiting the

         5       situation, were even, you might argue,

         6       speculating on the situation of an expectation

         7       of government funds for services they really

         8       weren't prepared to be able to provide, and in

         9       fact in some circumstances may in fact have

        10       risked harm to the people they were supposedly

        11       serving.

        12                  So I will be voting no on this

        13       bill, because I think it is fundamental to

        14       ensure that if in fact you are harmed in this

        15       society that all of us, every one of us, have

        16       equal rights and protections under the law.

        17                  And again, while the debate, if you

        18       were not listening thoroughly, might lead you

        19       to believe that this was an issue for

        20       volunteer services, that is not the issue

        21       under debate here.

        22                  I'll be voting no.  Thank you,

        23       Madam President.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Krueger.  You will be recorded in


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4695



         1       the negative.

         2                  The Secretary will announce the

         3       results.

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 469 are

         6       Senators Bonacic, Connor, Coppola,

         7       DeFrancisco, Dilan, Duane, Gonzalez,

         8       Hassell-Thompson, Klein, L. Krueger, Little,

         9       Maziarz, Onorato, Oppenheimer, Parker,

        10       Paterson, Sabini, Sampson, Savino,

        11       Schneiderman, Serrano, A. Smith, Stachowski,

        12       Stavisky and Valesky.  Also Senators Breslin

        13       and Montgomery.

        14                  Ayes, 33.  Nays, 27.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       888, by Senator Golden, Senate Print 1823A, an

        20       act to amend the Penal Law.

        21                  SENATOR SCHNEIDERMAN:

        22       Explanation.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Golden, an explanation has been requested.

        25                  SENATOR GOLDEN:    Thank you, Madam


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4696



         1       President.

         2                  Public access -- this is public

         3       access to government documents.  It is an

         4       important aspect of a free society that we all

         5       hold so dear.  However, at times this freedom

         6       is abused and information contained in public

         7       records is used for a criminal purpose.

         8                  This bill amends the Penal Law to

         9       create the offense of criminal use of public

        10       records.  Someone is guilty of this crime if

        11       he or she abuses FOIL to obtain information

        12       with the intent to use this information in the

        13       furtherance of a crime.  Criminal use of

        14       public records is a Class E felony.

        15                  Now, this has been around last

        16       year, and we said we would change this bill

        17       and amend this bill and work with the other

        18       side of this Senate chamber.  And we did that,

        19       knowing the civil liberties taken very

        20       seriously by all of us here in this room.

        21                  But we created a bill here that has

        22       a high threshold for the burden of proof for

        23       that prosecutor.  This bill is a pretty solid

        24       bill.  This bill, you have to intentionally

        25       obtain the record with a FOIL request or go


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4697



         1       out and get someone and find that person who's

         2       gotten that FOIL request with the intent to

         3       use in a crime, and had to plan information

         4       illegally when he obtained that information,

         5       and, three, attempts to commit a crime or

         6       commits a crime.  Intentionally obtains with

         7       the intent to use, attempts to commit a crime,

         8       and/or commits that crime.

         9                  So I think we've created a bill

        10       here that should work for not only both sides

        11       of this chamber but for that in the Assembly

        12       as well, by taking in civil liberties and

        13       taking in the high threshold for that

        14       prosecutor.

        15                  ACTING PRESIDENT YOUNG:    Thank

        16       you, Senator Golden.

        17                  Senator Schneiderman.

        18                  SENATOR SCHNEIDERMAN:    Thank you,

        19       Madam President.  On the bill.

        20                  ACTING PRESIDENT YOUNG:    On the

        21       bill.

        22                  SENATOR SCHNEIDERMAN:    I

        23       appreciate Senator Golden's efforts.  And I

        24       have to say that we have spoken about this

        25       bill, and this is a case in which he has been


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4698



         1       true to his commitment to modify it and really

         2       attempt to come up with something that

         3       addressed the concerns that were raised by my

         4       colleagues on my side of the aisle last year

         5       and have been raised with him in private.

         6                  This bill does create an extremely

         7       high standard for prosecution because it

         8       requires, before someone can be prosecuted,

         9       that they intentionally obtain records through

        10       the use of the Public Officers Law and that

        11       they in fact use those records that were

        12       improperly obtained in the commission of a

        13       crime.  So I think that does deal with a lot

        14       of the issues that have been discussed when

        15       this bill came before us before.

        16                  I would like to note that there's a

        17       more fundamental issue that's been raised in

        18       the context of the debate over this

        19       legislation, which is really that the proper

        20       approach to protecting our records is to make

        21       sure that we're not holding a lot of

        22       confidential information that could be used

        23       against people in the first place.  And that

        24       we provide bills, as we have done -- Senator

        25       Fuschillo sponsored the Security Breach


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4699



         1       Information Act, which requires state agencies

         2       and businesses to notify persons of the

         3       potential acquisition by an unauthorized

         4       person of vulnerable personal information, and

         5       legislation also sponsored by Senator

         6       Fuschillo to freeze access to personal credit

         7       error reports.  I think we have to take

         8       further steps to ensure that the confidential

         9       information is not being maintained, it's not

        10       maintained, it can't be obtained

        11       inadvertently, advertently, intentionally,

        12       unintentionally by someone who could use it

        13       against someone.

        14                  Having said that, and having a

        15       general objection to simply using the criminal

        16       law in an effort to protect people from the

        17       misuse of confidential information, I am going

        18       to respond to Senator Golden's effort to bend

        19       over backwards.  If anything, quite honestly,

        20       I think this makes it very difficult to

        21       prosecute someone under this bill.  I think

        22       there's even too much civil liberties in here

        23       for me.

        24                  But having said that, I respect the

        25       sponsor's efforts to make this bill as


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4700



         1       narrowly tailored as possible so that only the

         2       criminals who steal personal information to

         3       use it intentionally for a crime are

         4       prosecuted.  And I will be supporting the

         5       bill.

         6                  Thank you, Madam President.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Schneiderman.

         9                  Any other Senator wishing to be

        10       heard?

        11                  Then 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 first of

        16       November.

        17                  ACTING PRESIDENT YOUNG:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT YOUNG:    Announce

        21       the results.

        22                  THE SECRETARY:    Those recorded in

        23       the negative on Calendar Number 888 are

        24       Senators Duane and Serrano.

        25                  Ayes, 58.  Nays, 2.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4701



         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       1500, by Member of the Assembly Destito,

         6       Assembly Print Number 9284A, an act to amend

         7       the Public Officers Law.

         8                  SENATOR HASSELL-THOMPSON:

         9       Explanation.

        10                  SENATOR SCHNEIDERMAN:    Madam

        11       President, just --

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Leibell, an explanation has been requested.

        14                  SENATOR SCHNEIDERMAN:    No, that's

        15       okay.  No, that's okay.

        16                  Madam President, we don't need an

        17       explanation.  I just wanted to make a comment,

        18       because the bill has been --

        19                  ACTING PRESIDENT YOUNG:    Senator

        20       Schneiderman, on the bill.

        21                  SENATOR SCHNEIDERMAN:    Thank you,

        22       Madam President.

        23                  I just wanted to note, for my

        24       colleagues that have voted against this bill

        25       in the past, that this bill, which allows


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4702



         1       New York City sanitation employees with five

         2       or more years of service to reside in a

         3       political subdivision located not more than

         4       15 miles from New York City, has now been the

         5       subject of negotiations.

         6                  And my understanding is that while

         7       I have great concerns about relaxing residency

         8       requirements for city municipal employees, as

         9       I believe people should work where they live,

        10       in order to provide more better and more

        11       appropriate services to the city, I support

        12       this bill, as this limits the locations

        13       outside of the city in which these individuals

        14       can live.

        15                  The opposition to the bill has now

        16       been withdrawn, and the technical flaw that

        17       would have allowed sanitation workers to

        18       reside further afield than was the intent of

        19       the original legislation has been removed.

        20       The City of New York and the Sanitationmen's

        21       Association have reached an agreement which is

        22       reflected in this bill, and I'm therefore

        23       going to be supporting this measure.

        24                  Thank you.

        25                  ACTING PRESIDENT YOUNG:    Senator


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4703



         1       Montgomery.

         2                  SENATOR MONTGOMERY:    Yes, Madam

         3       President.  I too am going to withdraw my

         4       opposition.

         5                  And in addition to what my

         6       colleague Senator Schneiderman pointed out, I

         7       just want to say that it has become more and

         8       more difficult for people to live in the city,

         9       especially in my district, where the

        10       gentrification has really absolutely gone

        11       through the roof.  And it's gentrification for

        12       people who work for the city, for teachers,

        13       for police, for sanitation.  Anyone who just

        14       has a regular job with government, is a

        15       middle-income family, wants to raise their

        16       family, unless they already reside there and

        17       have for the last two decades, they cannot

        18       live there at this point in time.

        19                  So I am really very sad about that.

        20       However, we must go with the progress.

        21       There's nothing that we are going to do about

        22       it in terms of turning it around immediately.

        23       And so I'm going to withdraw my opposition and

        24       vote in favor of this legislation.

        25                  ACTING PRESIDENT YOUNG:    Thank


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4704



         1       you, Senator.

         2                  Any Senator wishing to be heard?

         3                  The debate is closed.

         4                  The Secretary will ring the bell.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       1845, by Senator Meier, Senate Print 8207, an

        17       act to amend the Social Services Law and the

        18       Family Court Act.

        19                  SENATOR MONTGOMERY:    Explanation.

        20                  ACTING PRESIDENT YOUNG:    Senator

        21       Meier, an explanation has been requested.

        22                  SENATOR MEIER:    Thank you, Madam

        23       President.

        24                  This bill is a response to a series

        25       of discussions we've been having as a result


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4705



         1       of a number of really highly publicized and

         2       tragic child abuse cases.  And the purpose of

         3       the bill really is to provide workers in the

         4       Child Protective Service with the tools they

         5       need through Family Court to gain access to

         6       children.

         7                  One of the things that we've been

         8       hearing as we talk to Child Protective Service

         9       workers around the state is that it is

        10       extremely difficult to secure a court order to

        11       gain access where the parent or other

        12       caregiver has denied access to the child.  In

        13       fact, the standard is the very same standard

        14       that is required to obtain a criminal search

        15       warrant.  And yet your average building

        16       inspector, checking for violations of the

        17       sanitary code or the adequacy of plumbing or

        18       electrical systems in an apartment, can get in

        19       under a much lower standard.

        20                  And so what this bill does is it

        21       sets forth a number of standards where a Child

        22       Protective Service worker can serve a Family

        23       Court order upon reasonable suspicion of abuse

        24       or maltreatment.  And where they've been

        25       unable to locate the child or they've been


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4706



         1       denied sufficient access to the child, it sets

         2       forth elements for the court to weigh in

         3       determining whether or not they should grant

         4       the order.

         5                  But in reality, what this is about

         6       is to give child protective workers adequate

         7       tools, under judicial supervision, to gain

         8       access to children so they can assess the

         9       situation and if need be take action to get

        10       the child out, get the child access to

        11       services.

        12                  ACTING PRESIDENT YOUNG:    Thank

        13       you, Senator Meier.

        14                  Senator Montgomery.

        15                  SENATOR MONTGOMERY:    Thank you,

        16       Madam President.  On the bill.

        17                  ACTING PRESIDENT YOUNG:    On the

        18       bill.

        19                  SENATOR MONTGOMERY:    Yes, thank

        20       you.

        21                  I certainly have some concerns

        22       about lowering the standards.  But all in all,

        23       I want to thank Senator Meier for his work,

        24       because as you know, the most recent horror

        25       story where a child was murdered by her own


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4707



         1       parents, and it happened over a long period of

         2       child abuse, the child lived in my district

         3       and the family lived in my district.  And

         4       since that time, Senator Meier as well as

         5       other of my colleagues have been trying to

         6       create a system that was more responsive, and

         7       I appreciate that.

         8                  I do, however, want to point out,

         9       Madam President, that my own version of a

        10       response to this legislation, along with my

        11       colleague in the Assembly, Assemblywoman

        12       Annette Robinson -- it was in both of our

        13       districts where this occurred -- we introduced

        14       legislation which would establish what we

        15       consider to be an emergency response team,

        16       which would fit very nicely into Senator

        17       Meier's program where he establishes child

        18       advocacy centers.

        19                  We would like to see that happen

        20       and to build on that center, build within that

        21       center a process whereby we would not allow

        22       this kind of abuse to go over a long period of

        23       time but, rather, there would be very early

        24       intervention based on not necessarily

        25       educational neglect but indicators that there


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4708



         1       was something wrong.  Not just child abuse,

         2       but that there was also perhaps other issues

         3       within that family constellation that required

         4       some intervention, be it housing, be it

         5       domestic violence, be it mental health

         6       services, and et cetera.

         7                  So while I'm going to support this

         8       legislation, I certainly think that we need to

         9       do much more as it relates to paying closer

        10       attention and providing early intervention to

        11       assist families at a point where we can save

        12       the lives of women and children in that

        13       family.

        14                  So, Madam President, I hope that my

        15       legislation will be considered some time in

        16       the very near future, or some version of it.

        17       And with that, I'm definitely going to support

        18       this legislation, as I have the other bills

        19       that Senator Meier has introduced to try and

        20       address this issue.

        21                  Thank you.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you, Senator Montgomery.

        24                  Any other Senator wishing to be

        25       heard?


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4709



         1                  The debate is closed.

         2                  The Secretary will ring the bell.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect on the 120th day.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  That completes the controversial

        15       reading of the calendar.

        16                  We have some motions.

        17                  Senator Nozzolio.

        18                  SENATOR NOZZOLIO:    Madam

        19       President, amendments are offered to the

        20       following Third Reading Calendar bills.

        21                  On behalf of Senator Spano, page

        22       number 31, Calendar Number 953, Senate Print

        23       Number 7808.

        24                  On behalf of Senator Winner, page

        25       number 51, Calendar Number 1406, Senate Print


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4710



         1       Number 5273A.

         2                  On behalf of Senator Flanagan, page

         3       number 55, Calendar Number 1473, Senate Print

         4       Number 7091.

         5                  Also on behalf of Senator Flanagan,

         6       page number 56, Calendar Number 1493, Senate

         7       Print Number 2791.

         8                  And on behalf of Senator Skelos,

         9       page number 65, Calendar Number 1780, Senate

        10       Print Number 8147.

        11                  Madam President, I now move that

        12       these bills retain their place on the order of

        13       third reading.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator Nozzolio.

        16                  The amendments are received, and

        17       the bills will retain their place on the Third

        18       Reading Calendar.

        19                  Senator Little.

        20                  SENATOR LITTLE:    Thank you, Madam

        21       President.

        22                  I wish to call up Senator

        23       Nozzolio's bill, Print Number 6471C, recalled

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

        25                  ACTING PRESIDENT YOUNG:    The


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4711



         1       Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       244, by Senator Nozzolio, Senate Print 6471C,

         4       an act to authorize.

         5                  SENATOR LITTLE:    Madam President,

         6       I now move to reconsider the vote by which

         7       this bill was passed.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll on reconsideration.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Little.

        14                  SENATOR LITTLE:    Madam President,

        15       I now offer the following amendments.

        16                  ACTING PRESIDENT YOUNG:    The

        17       amendments are received.

        18                  SENATOR LITTLE:    Madam President,

        19       I also wish to call up Senator Fuschillo's

        20       bill, Print Number 7563, recalled from the

        21       Assembly, which is now at the desk.

        22                  ACTING PRESIDENT YOUNG:    The

        23       Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       988, by Senator Fuschillo, Senate Print 7563,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4712



         1       an act to authorize.

         2                  SENATOR LITTLE:    Madam President,

         3       I now move to reconsider the vote by which the

         4       bill was passed.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll on reconsideration.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  SENATOR LITTLE:    Madam President,

        10       I now offer the following amendments.

        11                  ACTING PRESIDENT YOUNG:    The

        12       amendments are received.

        13                  SENATOR LITTLE:    Thank you.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Bonacic.

        16                  SENATOR BONACIC:    Thank you,

        17       Madam President.

        18                  On behalf of Senator LaValle, I

        19       wish to call up Bill Number 718, having passed

        20       both houses and not delivered to the Governor.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1311, by Senator LaValle, Senate Print 718, an

        25       act to amend the Workers' Compensation Law.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4713



         1                  SENATOR BONACIC:    Madam

         2       President, I now move to reconsider the vote

         3       by which this bill was passed and ask that the

         4       bill be restored to the order of third

         5       reading.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll on reconsideration.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 60.

        10                  SENATOR BONACIC:    Madam

        11       President, I now offer up the following

        12       amendments.

        13                  ACTING PRESIDENT YOUNG:    The

        14       amendments are received.

        15                  Senator Bonacic.

        16                  SENATOR BONACIC:    Madam

        17       President, on behalf of Senator Padavan, I

        18       wish to call up Bill Number 6997, having

        19       passed both houses and not delivered to the

        20       Governor.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       649, by Senator Padavan, Senate Print 6997, an

        25       act to amend the Penal Law.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4714



         1                  SENATOR BONACIC:    Madam

         2       President, I now move to reconsider the vote

         3       by which this bill was passed and ask that the

         4       bill be restored to the order of third

         5       reading.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll on reconsideration.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 60.

        10                  SENATOR BONACIC:    Madam

        11       President, I now offer the following

        12       amendments.

        13                  ACTING PRESIDENT YOUNG:    The

        14       amendments are received.

        15                  SENATOR BONACIC:    Thank you.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Fuschillo.

        18                  SENATOR FUSCHILLO:    Madam

        19       President, are there any substitutions at the

        20       desk?

        21                  ACTING PRESIDENT YOUNG:    Yes,

        22       there are.

        23                  SENATOR FUSCHILLO:    Please make

        24       them.

        25                  ACTING PRESIDENT YOUNG:    The


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4715



         1       Secretary will read.

         2                  THE SECRETARY:    On page 10,

         3       Senator Fuschillo moves to discharge, from the

         4       Committee on Consumer Protection, Assembly

         5       Bill Number 809A and substitute it for the

         6       identical Senate Bill Number 5665A, Third

         7       Reading Calendar 302.

         8                  On page 18, Senator Spano moves to

         9       discharge, from the Committee on

        10       Investigations and Government Operations,

        11       Assembly Bill Number 7294 and substitute it

        12       for the identical Senate Bill Number 5074,

        13       Third Reading Calendar 592.

        14                  On page 22, Senator Johnson moves

        15       to discharge, from the Committee on Health,

        16       Assembly Bill Number 9955 and substitute it

        17       for the identical Senate Bill Number 6786,

        18       Third Reading Calendar 741.

        19                  On page 26, Senator Robach moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 9113B and substitute it

        22       for the identical Senate Bill Number 6347A,

        23       Third Reading Calendar 854.

        24                  And on page 27, Senator Marcellino

        25       moves to discharge, from the Committee on


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4716



         1       Health, Assembly Bill Number 9251 and

         2       substitute it for the identical Senate Bill

         3       Number 6359, Third Reading Calendar 870.

         4                  ACTING PRESIDENT YOUNG:

         5       Substitutions are ordered.

         6                  Senator Fuschillo.

         7                  SENATOR FUSCHILLO:    Madam

         8       President, the supplemental active list has

         9       been placed on the members' desks.  Could we

        10       please go to that and have the

        11       noncontroversial reading.

        12                  ACTING PRESIDENT YOUNG:    The

        13       Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       282, by Senator Spano, Senate Print 2893C, an

        16       act to amend the State Finance Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the 180th day.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4717



         1                  THE SECRETARY:    Ayes, 59.  Nays,

         2       1.  Senator Marcellino recorded in the

         3       negative.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       294, by Senator Larkin --

         8                  SENATOR FUSCHILLO:    Lay it aside

         9       for the day, please.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is laid aside for the day.

        12                  THE SECRETARY:    Calendar Number

        13       296, by Senator Hannon, Senate Print 3493, an

        14       act to amend the Public Health Law.

        15                  ACTING PRESIDENT YOUNG:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  THE SECRETARY:    Ayes, 60.

        25                  ACTING PRESIDENT YOUNG:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4718



         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       300, by Senator Morahan, Senate Print 581, an

         4       act to amend the General Business Law.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect on the 30th day.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       302, substituted earlier by Member of the

        19       Assembly Rivera, Assembly Print Number 809A,

        20       an act to amend the General Business Law.

        21                  ACTING PRESIDENT YOUNG:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the first day of the

        25       calendar month next succeeding.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4719



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       321, by Senator Maziarz, Senate Print 1985A,

        11       an act to amend the Retirement and Social

        12       Security Law.

        13                  ACTING PRESIDENT YOUNG:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act, dated December 1, 2005, and intended for

        17       use only during the 2006 legislative session.

        18                  ACTING PRESIDENT YOUNG:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT YOUNG:    Announce

        22       the results.

        23                  THE SECRETARY:    Ayes, 60.

        24                  ACTING PRESIDENT YOUNG:    The bill

        25       is passed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4720



         1                  THE SECRETARY:    Calendar Number

         2       592, substituted earlier by Member of the

         3       Assembly Paulin, Assembly Print Number 7294,

         4       an act to amend the Executive Law.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect on the first of January

         9       next succeeding.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Announce

        14       the results.

        15                  THE SECRETARY:    Ayes, 60.

        16                  ACTING PRESIDENT YOUNG:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       626, by Senator Maziarz, Senate Print 7175B,

        20       an act to amend the Labor Law.

        21                  ACTING PRESIDENT YOUNG:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT YOUNG:    Call the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4721



         1       roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT YOUNG:    Announce

         4       the results.

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is passed.

         8                  THE SECRETARY:    Calendar Number

         9       741, substituted earlier by Member of the

        10       Assembly Sweeney, Assembly Print Number 9955,

        11       an act to amend Chapter 572 of the Laws of

        12       1994.

        13                  ACTING PRESIDENT YOUNG:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT YOUNG:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT YOUNG:    Announce

        21       the results.

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4722



         1       761, by Senator Seward, Senate Print 7286, an

         2       act relating to increasing availability.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       854, substituted earlier by Member of the

        17       Assembly Bing, Assembly Print Number 9113B, an

        18       act to amend the Labor Law and the General

        19       Business Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the 90th day.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4723



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       856, by Senator Saland, Senate Print 6290B, an

         9       act to amend the Executive Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 4.  This

        13       act shall take effect on the 90th day.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       870, substituted earlier by Member of the

        24       Assembly Koon, Assembly Print Number 9251, an

        25       act to amend the Public Health Law.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4724



         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 60.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1075, by Senator Marchi, Senate Print 7433 --

        15                  SENATOR SCHNEIDERMAN:    Lay it

        16       aside.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       1155, by Senator Alesi, Senate Print 6957, an

        21       act to amend the Public Health Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 5.  This

        25       act shall take effect on the first of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4725



         1       November.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Ayes, 60.

         8                  ACTING PRESIDENT YOUNG:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1156, by Senator Hannon, Senate Print 7459, an

        12       act to amend the Public Health Law.

        13                  ACTING PRESIDENT YOUNG:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT YOUNG:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT YOUNG:    Announce

        21       the results.

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4726



         1       1157, by Senator Hannon, Senate Print 7544, an

         2       act to amend the Public Health Law and the

         3       Social Services Law.

         4                  ACTING PRESIDENT YOUNG:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 5.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT YOUNG:    Announce

        12       the results.

        13                  THE SECRETARY:    Ayes, 60.

        14                  ACTING PRESIDENT YOUNG:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1291, by Senator Farley, Senate Print 7764A,

        18       an act to amend the Banking Law.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4727



         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1405, by Senator Alesi, Senate Print 4993B, an

         8       act to amend the Vehicle and Traffic Law.

         9                  ACTING PRESIDENT YOUNG:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 3.  This

        12       act shall take effect on the 180th day.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1442, by Senator Maltese, Senate Print 5598A,

        23       an act to amend the Retirement and Social

        24       Security Law and the Administrative Code of

        25       the City of New York.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4728



         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 10.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 60.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1450, by Senator Seward, Senate Print 7371A,

        15       an act to amend the Retirement and Social

        16       Security Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 4.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4729



         1                  THE SECRETARY:    Ayes, 60.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1568, by Senator Padavan, Senate Print 3169C,

         6       an act to amend the Education Law and the

         7       Insurance Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 4.  This

        11       act shall take effect on the 120th day.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 60.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1570, by Senator Hannon, Senate Print 4241, an

        22       act to amend the Education Law.

        23                  ACTING PRESIDENT YOUNG:    Read the

        24       last section.

        25                  THE SECRETARY:    Section 2.  This


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4730



         1       act shall take effect on the 120th day.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Ayes, 60.

         8                  ACTING PRESIDENT YOUNG:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1847, by Senator Fuschillo, Senate Print 8232,

        12       an act to amend the Vehicle and Traffic Law

        13       and others.

        14                  ACTING PRESIDENT YOUNG:    Read the

        15       last section.

        16                  THE SECRETARY:    Section 27.  This

        17       act shall take effect on the first of

        18       November.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  THE SECRETARY:    Ayes, 60.

        25                  ACTING PRESIDENT YOUNG:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4731



         1       is passed.

         2                  Senator Fuschillo, that completes

         3       the noncontroversial calendar.

         4                  SENATOR FUSCHILLO:    Madam

         5       President, 1075, will you lay it aside for the

         6       day, please.

         7                  ACTING PRESIDENT YOUNG:    1075

         8       will be laid aside for the day.

         9                  Senator Farley.

        10                  SENATOR FARLEY:    Is 302 out of

        11       the house?  Is that still here?  I'd like to

        12       reconsider the vote by which Calendar 302

        13       passed.

        14                  SENATOR FUSCHILLO:    Madam

        15       President.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Fuschillo.

        18                  SENATOR FUSCHILLO:    I move to

        19       reconsider the vote by which Calendar Number

        20       302 had recently passed unanimously.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       302, substituted earlier today by Member of

        25       the Assembly Rivera, Assembly Print Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4732



         1       809A, an act to amend the General Business

         2       Law.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll on reconsideration.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 60.

         7                  SENATOR FUSCHILLO:    Lay it aside

         8       for the day.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is laid aside for the day.

        11                  SENATOR FARLEY:    Madam President,

        12       point of personal privilege.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Farley.

        15                  SENATOR FARLEY:    I want to thank

        16       you for that, Senator Fuschillo.

        17                  I realize you -- I felt very deeply

        18       about this piece of legislation.  And needless

        19       to say, I was out of the room talking to my

        20       counsel about this and a few other things and

        21       as I raced in, it passed, it passed fast.

        22                  And I did want to be voted no.  I

        23       would like to speak to it.  And I appreciate

        24       the courtesy that you granted me.  But I was

        25       going to go forwarded with a motion to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4733



         1       reconsider.

         2                  Thank you, Senator Fuschillo.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Montgomery, why do you rise?

         5                  SENATOR MONTGOMERY:    Madam

         6       President, I rise to also thank Senator

         7       Fuschillo.

         8                  I think this is an act of

         9       congeniality that is appropriate --

        10       collegiality, I'm sorry, that is appropriate

        11       for this house.  We have always, as long as I

        12       have been here, we have had a rule which

        13       allows us to recall a vote by which a bill

        14       passes, in the event that it slips by.

        15                  And I think that for Senator

        16       Fuschillo to honor that now, even though it's

        17       not a bill that we were trying to recall, we

        18       now, I think, all of us understand that that

        19       rule is still in place and we all have the

        20       right to use it.  And I'm very happy that

        21       Senator Farley could benefit from that today.

        22                  So I thank you, and I shall

        23       remember.  Thank you.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4734



         1                  Senator Fuschillo.

         2                  SENATOR FUSCHILLO:    Madam

         3       President, does anybody else want to thank me?

         4                  (Laughter.)

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Fuschillo.

         7                  SENATOR FUSCHILLO:    Thank you

         8       very much.

         9                  There will be an immediate meeting

        10       of the Rules Committee in the Majority

        11       Conference Room.

        12                  ACTING PRESIDENT YOUNG:    The

        13       Rules Committee will meet immediately in the

        14       Majority Conference Room.

        15                  SENATOR FUSCHILLO:    And the

        16       Senate will stand at ease.

        17                  ACTING PRESIDENT YOUNG:    The

        18       Senate stands at ease.

        19                  (Whereupon, the Senate stood at

        20       ease at 6:07 p.m.)

        21                  (Whereupon, the Senate reconvened

        22       at 6:26 p.m.)

        23                  SENATOR FUSCHILLO:    Madam

        24       President.

        25                  ACTING PRESIDENT YOUNG:    Could we


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4735



         1       have some order, please.

         2                  Senator Fuschillo.

         3                  SENATOR FUSCHILLO:    May we please

         4       return to the reports of standing committees.

         5       I believe there's a report of the Rules

         6       Committee at the desk.

         7                  ACTING PRESIDENT YOUNG:    Reports

         8       of standing committees.

         9                  The Secretary will read.

        10                  THE SECRETARY:    Senator Bruno,

        11       from the Committee on Rules, reports the

        12       following bills:

        13                  Senate Print 1241C, by Senator

        14       Winner, an act to authorize;

        15                  1899B, by Senator Robach, an act to

        16       amend the Education Law;

        17                  3410B, by Senator Robach, an act to

        18       amend the Vehicle and Traffic Law;

        19                  3820C, by Senator Trunzo, an act to

        20       amend the Real Property Tax Law;

        21                  4088B, by Senator Spano, an act to

        22       amend the Education Law;

        23                  4749, by Senator Spano, an act to

        24       amend the Vehicle and Traffic Law;

        25                  4782, by Senator Marchi, an act to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4736



         1       amend the Executive Law and the Navigation

         2       Law;

         3                  4898A, by Senator DeFrancisco, an

         4       act to amend the Real Property Law;

         5                  5090, by Senator Leibell, an act to

         6       amend the Public Health Law;

         7                  5182A, by Senator Johnson, an act

         8       to amend the Public Officers Law;

         9                  5316, by Senator Stachowski, an act

        10       to amend the Real Property Tax Law;

        11                  5432, by Senator Saland, an act to

        12       amend the Education Law;

        13                  5441A, by Senator Nozzolio, an act

        14       to amend the Penal Law;

        15                  5676A, by Senator Little, an act to

        16       authorize;

        17                  5751, by Senator Meier, an act to

        18       amend the Highway Law;

        19                  6021B, by Senator Golden, an act to

        20       amend the Penal Law;

        21                  6604, by Senator LaValle, an act to

        22       amend the Education Law;

        23                  6653, by Senator Bonacic, an act to

        24       amend Chapter 613 of the Laws of 1996;

        25                  6661A, by Senator Padavan, an act


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4737



         1       to amend the Penal Law;

         2                  6672C, by Senator Morahan, an act

         3       to provide;

         4                  6676, by Senator Morahan, an act to

         5       amend the General Municipal Law;

         6                  6743, by Senator Padavan, an act to

         7       amend the Education Law;

         8                  6906, by Senator DeFrancisco, an

         9       act to amend the Penal Law;

        10                  6970, by Senator Valesky, an act to

        11       authorize;

        12                  6972B, by Senator Maziarz, an act

        13       to amend the Tax Law;

        14                  7105B, by Senator Seward, an act to

        15       amend the General Business Law;

        16                  7205, by Senator Padavan, an act to

        17       amend the Real Property Tax Law;

        18                  7504, by Senator Golden, an act to

        19       amend the Real Property Tax Law;

        20                  7680, by Senator Maltese, an act to

        21       amend Chapter 154 of the Laws of 1921;

        22                  7782B, by Senator Flanagan, an act

        23       to amend the Tax Law;

        24                  7804, by Senator Spano, an act to

        25       amend the Environmental Conservation Law;


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4738



         1                  7930, by Senator Morahan, an act to

         2       amend the Mental Hygiene Law;

         3                  7940, by Senator Padavan, an act to

         4       amend the Administrative Code of the City of

         5       New York;

         6                  7975, by Senator Marcellino, an act

         7       to amend the Environmental Conservation Law;

         8                  8106, by Senator Rath, an act to

         9       amend the Retirement and Social Security Law;

        10                  8188, by Senator Marcellino, an act

        11       to amend the General Obligations Law;

        12                  8201, by Senator Golden, an act to

        13       amend the Real Property Tax Law;

        14                  And Senate Print 8344, by Senator

        15       Meier, an act to amend the Social Services Law

        16       and the Family Court Act.

        17                  All bills ordered direct to third

        18       reading.

        19                  ACTING PRESIDENT YOUNG:    Senator

        20       Fuschillo.

        21                  SENATOR FUSCHILLO:    Move to

        22       accept the report of the Rules Committee.

        23                  ACTING PRESIDENT YOUNG:    All in

        24       favor of accepting the report signify by

        25       saying aye.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4739



         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT YOUNG:    Opposed,

         3       nay.

         4                  (No response.)

         5                  ACTING PRESIDENT YOUNG:    The

         6       report is accepted.

         7                  Senator Fuschillo.

         8                  SENATOR FUSCHILLO:    Can we return

         9       to motions and resolutions and please

        10       recognize Senator Bonacic.

        11                  ACTING PRESIDENT YOUNG:    Motions

        12       and resolutions.

        13                  Senator Bonacic.

        14                  SENATOR BONACIC:    Thank you,

        15       Madam President.

        16                  On behalf of Senator Little, on

        17       page number 59 I offer the following

        18       amendments to Calendar Number 1555, Senate

        19       Print Number 7748, and ask that said bill

        20       retain its place on the Third Reading

        21       Calendar.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you, Senator Bonacic.  The amendments are

        24       received, and the bill will retain its place

        25       on the Third Reading Calendar.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4740



         1                  SENATOR BONACIC:    On behalf of

         2       Senator Skelos, on page number 41 I offer the

         3       following amendments to Calendar Number 1197,

         4       Senate Print Number 7452, and ask that said

         5       bill retain its place on the Third Reading

         6       Calendar.

         7                  ACTING PRESIDENT YOUNG:    The

         8       amendments are received, and the bill will

         9       retain its place on the Third Reading

        10       Calendar.

        11                  SENATOR BONACIC:    Thank you,

        12       Madam President.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you.

        15                  Senator Nozzolio.

        16                  SENATOR NOZZOLIO:    Madam

        17       President, I wish to call up my bill, Print

        18       Number 7234A, recalled from the Assembly,

        19       which is now at the desk.

        20                  ACTING PRESIDENT YOUNG:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       858, by Senator Nozzolio, Senate Print 7234A,

        24       an act to amend the Real Property Tax Law.

        25                  SENATOR NOZZOLIO:    Madam


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4741



         1       President, I now move to reconsider the vote

         2       by which this bill was passed.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll on reconsideration.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 60.

         7                  SENATOR NOZZOLIO:    Madam

         8       President, I now offer the following

         9       amendments.

        10                  ACTING PRESIDENT YOUNG:    The

        11       amendments are received.

        12                  Senator Nozzolio.

        13                  SENATOR NOZZOLIO:    Thank you,

        14       Madam President.

        15                  On behalf of Senator Young, I wish

        16       to call up Bill Number 7828, recalled from the

        17       Assembly, which is now at the desk.

        18                  ACTING PRESIDENT YOUNG:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       1024, by Senator Young, Senate Print 7828, an

        22       act to amend the Agriculture and Markets Law.

        23                  SENATOR NOZZOLIO:    Madam

        24       President, I now move to reconsider the vote

        25       by which the bill was passed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4742



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll on reconsideration.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 60.

         5                  SENATOR NOZZOLIO:    On behalf of

         6       Senator Young, I now offer the following

         7       amendments.

         8                  ACTING PRESIDENT YOUNG:    The

         9       amendments are received.  Thank you.

        10                  Senator Winner.

        11                  SENATOR WINNER:    On page 69, I

        12       offer the following amendments to Calendar

        13       Number 1818, Print Number 7892, and ask that

        14       said bill retain its place on Third Reading

        15       Calendar.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you, Senator Winner.  The amendments are

        18       received, and the bill will retain its place

        19       on the Third Reading Calendar.

        20                  Senator Meier.

        21                  SENATOR MEIER:    Thank you, Madam

        22       President.

        23                  I wish to call up Senator Skelos's

        24       bill, Print Number 7413, recalled from the

        25       Assembly, which is now at the desk.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4743



         1                  ACTING PRESIDENT YOUNG:    The

         2       Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       1531, by Senator Skelos, Senate Print 7413, an

         5       act to amend the Nassau County Civil Divisions

         6       Act.

         7                  SENATOR MEIER:    Madam President,

         8       I now move to reconsider the vote by which the

         9       bill was passed.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll on reconsideration.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 60.

        14                  SENATOR MEIER:    Madam President,

        15       I now offer the following amendments.

        16                  ACTING PRESIDENT YOUNG:    The

        17       amendments are received.

        18                  SENATOR MEIER:    Madam President,

        19       on behalf of Senator LaValle, on page

        20       number 26 I offer the following amendments to

        21       Calendar Number 847, Senate Print Number

        22       2864B, and ask that said bill retain its place

        23       on the Third Reading Calendar.

        24                  ACTING PRESIDENT YOUNG:    The

        25       amendments are received, and the bill will


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4744



         1       retain its place on the Third Reading

         2       Calendar.

         3                  SENATOR MEIER:    Thank you, Madam

         4       President.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Meier.

         7                  Senator Fuschillo.

         8                  SENATOR FUSCHILLO:    Madam

         9       President, may we please take up the

        10       noncontroversial reading of Senate

        11       Supplemental Calendar Number 58A.

        12                  ACTING PRESIDENT YOUNG:    The

        13       Secretary will read Supplemental Calendar

        14       Number 58A.

        15                  THE SECRETARY:    Calendar Number

        16       1848, by Senator Winner, Senate Print 1241C,

        17       an act to authorize the Department of Taxation

        18       and Finance.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4745



         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1849, Senator Robach moves to

         8       discharge, from the Committee on Education,

         9       Assembly Bill Number 9234 and substitute it

        10       for the identical Senate Bill Number 1899B,

        11       Third Reading Calendar 1849.

        12                  ACTING PRESIDENT YOUNG:

        13       Substitution ordered.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       1849, by Member of the Assembly Morelle,

        17       Assembly Print Number 9234, an act to amend

        18       the Education Law.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect July 1, 2007.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4746



         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1850, Senator Robach moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 4914B and substitute it

        10       for the identical Senate Bill Number 3410B,

        11       Third Reading Calendar 1850.

        12                  ACTING PRESIDENT YOUNG:

        13       Substitution ordered.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       1850, by Member of the Assembly Canestrari,

        17       Assembly Print Number 4914B, an act to amend

        18       the Vehicle and Traffic Law.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 7.  This

        22       act shall take effect on the first of

        23       November.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4747



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1851, by Senator Trunzo, Senate Print 3820C,

         9       an act to amend the Real Property Tax Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the first of January

        14       next succeeding.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 1852, Senator Spano moves to

        25       discharge, from the Committee on Education,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4748



         1       Assembly Bill Number 6832B and substitute it

         2       for the identical Senate Bill Number 4088B,

         3       Third Reading Calendar 1852.

         4                  ACTING PRESIDENT YOUNG:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       1852, by Member of the Assembly Magnarelli,

         9       Assembly Print Number 6832B, an act to amend

        10       the Education Law.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect September 1, 2007.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 1853, Senator Spano moves to

        25       discharge, from the Committee on


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4749



         1       Transportation, Assembly Bill Number 1728 and

         2       substitute it for the identical Senate Bill

         3       Number 4749, Third Reading Calendar 1853.

         4                  ACTING PRESIDENT YOUNG:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       1853, by Member of the Assembly Brodsky,

         9       Assembly Print Number 1728, an act to amend

        10       the Vehicle and Traffic Law.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1854, by Senator Marchi --

        25                  SENATOR FUSCHILLO:    Lay it aside


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4750



         1       for the day, please.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is laid aside for the day.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1855, Senator DeFrancisco

         6       moves to discharge, from the Committee on

         7       Rules, Assembly Bill Number 8053A and

         8       substitute it for the identical Senate Bill

         9       Number 4898A, Third Reading Calendar 1855.

        10                  ACTING PRESIDENT YOUNG:

        11       Substitution ordered.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       1855, by Member of the Assembly Weprin,

        15       Assembly Print Number 8053A, an act to amend

        16       the Real Property Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 7.  This

        20       act shall take effect July 1, 2008.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 60.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4751



         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1856, by Senator Leibell, Senate Print 5090,

         5       an act to amend the Public Health Law.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Announce

        14       the results.

        15                  THE SECRETARY:    Ayes, 60.

        16                  ACTING PRESIDENT YOUNG:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1857, by Senator Johnson, Senate Print 5182A,

        20       an act to amend the Public Officers Law.

        21                  ACTING PRESIDENT YOUNG:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 3.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT YOUNG:    Call the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4752



         1       roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT YOUNG:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 1858, Senator Stachowski moves

        10       to discharge, from the Committee on Housing,

        11       Construction and Community Development,

        12       Assembly Bill Number 7919 and substitute it

        13       for the identical Senate Bill Number 5316,

        14       Third Reading Calendar 1858.

        15                  ACTING PRESIDENT YOUNG:

        16       Substitution ordered.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1858, by Member of the Assembly Hoyt, Assembly

        20       Print Number 7919, an act to amend the Real

        21       Property Tax Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the first of January.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4753



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1859, by Senator Saland, Senate Print 5432, an

        11       act to amend the Education Law.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 18.  This

        15       act shall take effect on the 180th day.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.  Senator Montgomery.

        21                  SENATOR MONTGOMERY:    Yes, Madam

        22       President.  I'm going to oppose this

        23       legislation because there is no exemption, no

        24       exception associated with it.

        25                  And there are areas in every single


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4754



         1       occupation where people can possibly function

         2       very adequately, with all due safety, even

         3       though they may have had some infraction in

         4       their past.  It may not even relate to what

         5       they're doing.  Yet these bills and this one

         6       and others like it continue to exclude people

         7       from doing anything at all, even maybe being a

         8       cook in the kitchen or a dishwasher or a

         9       janitor or whatever.

        10                  So I am going to oppose this

        11       legislation because I think it is very

        12       problematic.  We keep doing this, and

        13       eventually many people in our state will not

        14       be able to work anywhere at all.  The only

        15       thing they will be able to do is spend a life

        16       in prison.

        17                  So I'm going to vote against this.

        18       I vote no.

        19                  ACTING PRESIDENT YOUNG:    Thank

        20       you, Senator Montgomery.  You will be recorded

        21       in the negative.

        22                  The Secretary will announce the

        23       results.

        24                  THE SECRETARY:    Ayes, 58.  Nays,

        25       2.  Senators Hassell-Thompson and Montgomery


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4755



         1       recorded in the negative.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1862, by Senator Meier, Senate Print 5751, an

         6       act to amend the Highway Law.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1863, by Senator Golden, Senate Print 6021B,

        21       an act to amend the Penal Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 4.  This

        25       act shall take effect immediately.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4756



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 1864, Senator LaValle moves to

        11       discharge, from the Committee on Higher

        12       Education, Assembly Bill Number 10279 and

        13       substitute it for the identical Senate Bill

        14       Number 6604, Third Reading Calendar 1864.

        15                  ACTING PRESIDENT YOUNG:

        16       Substitution ordered.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1864, by Member of the Assembly Canestrari,

        20       Assembly Print Number 10279, an act to amend

        21       the Education Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4757



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 1865, Senator Bonacic moves to

        11       discharge, from the Committee on Rules,

        12       Assembly Bill Number 9993 and substitute it

        13       for the identical Senate Bill Number 6653,

        14       Third Reading Calendar 1865.

        15                  ACTING PRESIDENT YOUNG:

        16       Substitution ordered.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1865, by Member of the Assembly Lopez,

        20       Assembly Print Number 9993, an act to amend

        21       Chapter 613 of the Laws of 1996.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4758



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1866, by Senator Padavan, Senate Print 6661A,

        11       an act to amend the Penal Law.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the first of

        16       November.

        17                  ACTING PRESIDENT YOUNG:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT YOUNG:    Announce

        21       the results.

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4759



         1       1867, by Senator Morahan, Senate Print 6672C,

         2       an act to provide for the establishment.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 5.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1868, by Senator Morahan --

        17                  SENATOR FUSCHILLO:    Lay it aside

        18       for the day, please.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       1869, by Senator Padavan, Senate Print 6743,

        23       an act to amend the Education Law.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4760



         1                  THE SECRETARY:    Section 2.  The

         2       amendments to paragraph (c) of subdivision 7

         3       of Section 6206 of the Education Law made by

         4       Section 2.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 60.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1870, by Senator DeFrancisco, Senate Print

        15       6906, an act to amend --

        16                  SENATOR SCHNEIDERMAN:    Lay it

        17       aside.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is laid aside.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 1871, Senator Valesky moves to

        22       discharge, from the Committee on Local

        23       Government, Assembly Bill Number 10213 and

        24       substitute it for the identical Senate Bill

        25       Number 6970, Third Reading Calendar 1871.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4761



         1                  ACTING PRESIDENT YOUNG:    There is

         2       a home-rule message at the desk.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1872, Senator Maziarz moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 11594 and substitute it

        18       for the identical Senate Bill Number 6972B,

        19       Third Reading Calendar 1872.

        20                  ACTING PRESIDENT YOUNG:

        21       Substitution ordered.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1872, by Member of the Assembly Farrell,

        25       Assembly Print Number 11594, an act to amend


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4762



         1       the Tax Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the first day of a

         6       sales tax quarterly period.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 1873, Senator Seward moves to

        17       discharge, from the Committee on Rules,

        18       Assembly Bill Number 10490B, and substitute it

        19       for the identical Senate Bill Number 7105B,

        20       Third Reading Calendar 1873.

        21                  ACTING PRESIDENT YOUNG:

        22       Substitution ordered.

        23                  The Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       1873, by Member of the Assembly Destito,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4763



         1       Assembly Print Number 10490B, an act to amend

         2       the General Business Law.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the 120th day.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 1874, Senator Padavan moves to

        17       discharge, from the Committee on Cities,

        18       Assembly Bill Number 10581 and substitute it

        19       for the identical Senate Bill Number 7205,

        20       Third Reading Calendar 1874.

        21                  ACTING PRESIDENT YOUNG:

        22       Substitution ordered.

        23                  The Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       1874, by Member of the Assembly Robinson,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4764



         1       Assembly Print Number 10581, an act to amend

         2       the Real Property Tax Law.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1875, by Senator Golden, Senate Print 7504, an

        17       act to amend the Real Property Tax Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4765



         1       the results.

         2                  THE SECRETARY:    Ayes, 60.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 1876, Senator Maltese moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 11094 and substitute it

         9       for the identical Senate Bill Number 7680,

        10       Third Reading Calendar 1876.

        11                  ACTING PRESIDENT YOUNG:

        12       Substitution ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1876, by Member of the Assembly Cusick,

        16       Assembly Print Number 11094, an act to amend

        17       Chapter 154 of the Laws of 1921.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect upon enactment into law

        22       by the State of New Jersey.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4766



         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1878, by Senator Spano, Senate Print 7804, an

         8       act to amend the Environmental Conservation

         9       Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 59.  Nays,

        20       1.  Senator Winner recorded in the negative.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 1879, Senator Morahan moves to

        25       discharge, from the Committee on Rules,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4767



         1       Assembly Bill Number 11243 and substitute it

         2       for the identical Senate Bill Number 7930,

         3       Third Reading Calendar 1879.

         4                  ACTING PRESIDENT YOUNG:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       1879, by Member of the Assembly Englebright,

         9       Assembly Print Number 11243, an act to amend

        10       the Mental Hygiene Law.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 5.  This

        14       act shall take effect on the 180th day.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1880, by Senator Padavan, Senate Print 7940,

        25       an act to amend the Administrative Code of the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4768



         1       City of New York.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1881, Senator Marcellino moves

        16       to discharge, from the Committee on Rules,

        17       Assembly Bill Number 11457 and substitute it

        18       for the identical Senate Bill Number 7975,

        19       Third Reading Calendar 1881.

        20                  ACTING PRESIDENT YOUNG:

        21       Substitution ordered.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1881, by Member of the Assembly DiNapoli,

        25       Assembly Print Number 11457, an act to amend


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4769



         1       the Environmental Conservation Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the 180th day.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1882, by Senator Rath, Senate Print 8106, an

        16       act to amend the --

        17                  SENATOR FUSCHILLO:    Lay it aside

        18       for the day, please.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       1883, by Senator Marcellino, Senate Print --

        23                  SENATOR HASSELL-THOMPSON:    Lay it

        24       aside.

        25                  ACTING PRESIDENT YOUNG:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4770



         1       is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       1884, by Senator Golden --

         4                  SENATOR HASSELL-THOMPSON:    Lay it

         5       aside.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       1885, by Senator Meier, Senate Print 8344, an

        10       act to amend the Social Services Law and the

        11       Family Court Act.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect on the 120th day.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 60.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  That completes the noncontroversial

        25       reading of Supplemental Calendar Number 58A.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4771



         1                  Senator Fuschillo.

         2                  SENATOR FUSCHILLO:    Madam

         3       President, will you please take up the reading

         4       of the controversial calendar.

         5                  ACTING PRESIDENT YOUNG:    The

         6       Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       1870, by Senator DeFrancisco, Senate Print

         9       Number 6906, an act to amend the Penal Law.

        10                  SENATOR HASSELL-THOMPSON:

        11       Explanation.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       DeFrancisco, an explanation has been

        14       requested.

        15                  SENATOR DeFRANCISCO:    This bill

        16       simply adds to the bodily fluids that, if

        17       expelled upon a correction officer, would

        18       result in aggravated harassment.  Present law

        19       says if you throw blood, seminal fluid, urine,

        20       feces, it's aggravated harassment.  So this

        21       bill basically says there's other dangerous

        22       bodily fluids, including saliva, spit and

        23       sputum.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4772



         1                  Senator Montgomery.

         2                  SENATOR MONTGOMERY:    Yes, Madam

         3       President.  Would the sponsor yield for a

         4       clarification question.

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       DeFrancisco, do you yield?

         7                  SENATOR DeFRANCISCO:    Yes.

         8                  SENATOR MONTGOMERY:    Yes, thank

         9       you.

        10                  Madam President, through you, I was

        11       under the impression that there were any

        12       number of measures that the corrections

        13       already takes for people who do this kind of

        14       awful act; i.e., muzzling them, or covering

        15       their face and mouth, and covering their cells

        16       so that they can't do -- throw stuff out of

        17       the cell.  And also they spend time in

        18       lock-down.

        19                  That was my understanding, that

        20       there were several measures that are used.  Is

        21       that not the case, to your understanding?

        22                  SENATOR DeFRANCISCO:    Yes, those

        23       are options.  This is just another measure.

        24       They're not mutually exclusive.

        25                  SENATOR MONTGOMERY:    All right.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4773



         1       Thank you, Senator DeFrancisco.

         2                  Madam President, on the bill.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Montgomery, on the bill.

         5                  SENATOR MONTGOMERY:    This is

         6       another instance where certainly this is

         7       behavior that is totally acceptable by any

         8       means by anyone, certainly me.  But

         9       fortunately, DOCS has moved very aggressively

        10       to deal with these kind of people.  And I

        11       think there could be perhaps nothing worse

        12       than going into an SHU, which happens to many

        13       people in this case.

        14                  It is no secret that many of the

        15       individuals who do this kind of activity,

        16       recognizing what the possible punishment will

        17       be, are mentally ill.  And so what we have now

        18       is Senator DeFrancisco adding to the problem

        19       as opposed to the solution.  DOCS has tried to

        20       come up with a solution.  But this bill adds

        21       to the problem by extending the sentence,

        22       giving them another criminal charge while

        23       they're inside, which only extends their

        24       sentence much longer.

        25                  So while I certainly understand


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4774



         1       Senator DeFrancisco's abhorrence to this kind

         2       of behavior -- I agree with him on that, but I

         3       don't agree that this is necessary or the

         4       method to deal with it.  I think DOCS has a

         5       much better solution and process.

         6                  So I'm voting no.  Thank you.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Montgomery.

         9                  Senator Nozzolio.

        10                  SENATOR NOZZOLIO:    Madam

        11       President, on the bill.

        12                  ACTING PRESIDENT YOUNG:    On the

        13       bill.

        14                  SENATOR NOZZOLIO:    Madam

        15       President and my colleagues, I rise to support

        16       Senator DeFrancisco's efforts to establish and

        17       keep establishing workplace safety in our

        18       correctional facilities.

        19                  That this issue is an issue that on

        20       its surface may not appear, to those not

        21       familiar with the dangers and practices in our

        22       prisons, as one that seems like such a big

        23       deal.  But the fact of the matter is it is a

        24       very big deal for those brave men and women

        25       who work in our correctional facilities under


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4775



         1       the most adverse of circumstances.

         2                  That for many years the laws simply

         3       tolerated correction officers and other

         4       correctional personnel to be attacked by

         5       inmates with their bodily fluids.  That it was

         6       not unusual for those in our jails in this

         7       state, working in our jails, to be harassed by

         8       inmates dousing them with their bodily fluids.

         9       And up until just a few years ago, it was not

        10       a crime for those to engage in that type of

        11       behavior.

        12                  I had to work for many years with a

        13       number of my colleagues in this chamber, some

        14       who were also in the Assembly, to try to raise

        15       to the level of criminality inmates attacking

        16       correctional personnel with their bodily

        17       fluids.  We succeeded in achieving that.

        18                  You could snicker at that issue,

        19       but the fact of the matter is it was a

        20       question of potential transmission of very

        21       serious diseases -- hepatitis, possibly HIV.

        22       That with the transmission of using those

        23       fluids as weapons, inmates in effect were

        24       given no reprimand whatsoever until we changed

        25       our laws.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4776



         1                  Senator DeFrancisco's measure

         2       before us expands that protection to our

         3       correctional personnel so that inmates no

         4       longer will be able to use other bodily fluids

         5       for weapons, as weapons.  That there have been

         6       inmates convicted under this provision of law

         7       and sentenced to additional time because of

         8       their behaviors.

         9                  And I can tell you that those who

        10       work in our correctional facilities, the

        11       correction officers, the teachers, the

        12       maintenance personnel, they all thank us for

        13       achieving this type of legal protection, so

        14       that the clear signal is that district

        15       attorneys will prosecute for this crime.

        16                  Madam President, it's an excellent

        17       measure.  And that Senator DeFrancisco is to

        18       be congratulated for moving another step

        19       towards a safer workplace for those men and

        20       women who work under very adverse conditions

        21       in our state correctional facilities.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you, Senator Nozzolio.

        24                  Senator Hassell-Thompson.

        25                  SENATOR HASSELL-THOMPSON:    Thank


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4777



         1       you, Madam President.

         2                  If the Senator would yield for a

         3       couple of questions.

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       DeFrancisco, do you yield?

         6                  SENATOR DeFRANCISCO:    Yes.

         7                  ACTING PRESIDENT YOUNG:    The

         8       Senator yields.

         9                  SENATOR HASSELL-THOMPSON:    Thank

        10       you.

        11                  Through you, Madam President, I

        12       wanted to be clear that I heard what I thought

        13       I heard.  And that was that you say that

        14       spitting or any form of sputum was a possible

        15       transmittal vehicle for what diseases?

        16                  SENATOR DeFRANCISCO:    I didn't

        17       say.  I said it's -- I think Senator Nozzolio

        18       mentioned a couple of diseases.  But sputum

        19       can contain infections, it can contain

        20       infections such as hepatitis.  Senator

        21       Nozzolio mentioned that.

        22                  And it's an unhealthy situation.  A

        23       correction officer could be speaking with an

        24       inmate and sputum could conceivably go into

        25       the officer's mouth or on their face, later be


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4778



         1       put in the mouth indirectly.

         2                  So, you know, it's something that

         3       is just an expansion of the existing law.

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       Hassell-Thompson.

         6                  SENATOR HASSELL-THOMPSON:    On the

         7       bill.

         8                  ACTING PRESIDENT YOUNG:    Senator

         9       Hassell-Thompson on the bill.

        10                  SENATOR HASSELL-THOMPSON:    Thank

        11       you.

        12                  I guess my concern continues to be,

        13       as that of Senator Duane, that we do not

        14       continue to purport the possibility that

        15       sputum is a vehicle or it is a bodily fluid

        16       that could contain or could transmit HIV.

        17       That is a misnomer.

        18                  And I think that we must be very

        19       careful, because part of all of the public

        20       health -- when we talk about public health

        21       issues, we talk about properly educating

        22       people about what is and what is not

        23       transmittable and what the vehicles are.  And

        24       sputum and saliva are not transmitters of HIV.

        25       And so I just wanted to be clear that that was


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4779



         1       not what this bill was purporting.

         2                  I certainly support the fact that

         3       this is -- it's a -- I think the nastiest

         4       thing you could do to any individual is to

         5       spit on them or to cause sputum deliberately

         6       and intentionally on any person.  But I

         7       certainly don't want us to misconstrue what

         8       the reality is here.

         9                  ACTING PRESIDENT YOUNG:    Senator

        10       Nozzolio, why do you rise?

        11                  SENATOR NOZZOLIO:    I respectfully

        12       ask the Senator to yield.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Hassell-Thompson, do you yield?

        15                  SENATOR HASSELL-THOMPSON:    Yes, I

        16       will yield.

        17                  ACTING PRESIDENT YOUNG:    The

        18       Senator yields.

        19                  SENATOR NOZZOLIO:    Senator

        20       Thompson, I certainly understand your line of

        21       logic here.

        22                  But just to ask through the chair

        23       that, Madam President, is Senator Thompson

        24       aware that there are many very serious

        25       diseases within our prison, particularly


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4780



         1       hepatitis, and that that disease certainly is

         2       transmittable through human saliva?

         3                  ACTING PRESIDENT YOUNG:    Senator?

         4                  SENATOR HASSELL-THOMPSON:    Yes,

         5       certainly I am very aware that there are

         6       several strains of hepatitis that can, in

         7       fact, be transmitted by way of sputum.  And to

         8       date, there are probably 12 new additional

         9       strains which they are examining.

        10                  I speak specifically, however --

        11       and I hope that you did not misunderstand.

        12       And in case you did or anyone else did in this

        13       chamber, I do not disagree that it is an

        14       unhealthy practice.  It is a nasty, low habit.

        15                  But that's not my issue.  My issue

        16       is to be sure that when we present, that we do

        17       so correctly.  Because it has taken millions

        18       of dollars, of Health Department dollars to

        19       educate the public properly and correctly

        20       about whether or not sputum is a transmittable

        21       bodily fluid for HIV.  And that was my only

        22       statement.

        23                  SENATOR NOZZOLIO:    Madam

        24       President, will Senator Thompson continue to

        25       yield.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4781



         1                  ACTING PRESIDENT YOUNG:    Senator

         2       Hassell-Thompson, will you continue to yield

         3       to Senator Nozzolio?

         4                  SENATOR HASSELL-THOMPSON:    I

         5       continue to yield.

         6                  SENATOR NOZZOLIO:    Thank you,

         7       Madam President.  Thank you, Senator Thompson.

         8                  Senator Thompson's points are very

         9       well taken.  I just wish to ask if the Senator

        10       is aware that the teachers and particularly

        11       the nurses within our correctional facilities

        12       of the state are extremely concerned that the

        13       transmission of the disease and the readily

        14       available transmission of disease through

        15       bodily fluids could result in serious injury,

        16       particularly to those healthcare workers and

        17       other correctional personnel who are asked to

        18       be involved in sometimes very intense

        19       altercations within our prison facilities.

        20                  ACTING PRESIDENT YOUNG:    Senator?

        21                  SENATOR HASSELL-THOMPSON:    I am

        22       fully aware, Senator.  Through you, Madam

        23       President, I am fully aware.

        24                  I hope that my clarification did

        25       not in any way lead you or anyone to believe


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4782



         1       that I intend to vote against this bill,

         2       because I don't.

         3                  However, again, my concern, as

         4       someone who has worked in the healthcare

         5       field, as someone who was a trainer and an

         6       educator for HIV and AIDS, as someone in this

         7       state who has gone across the state and taught

         8       adherence to medication treatment as well as

         9       transmittable vehicles, I would be

        10       irresponsible if I did not spend the time that

        11       I think is appropriate just to educate this

        12       body that when we get caught up -- and we've

        13       had this discussion in the past, but I think

        14       it's very important that we be clear about

        15       what diseases are transmitted by what

        16       vehicles.

        17                  And that was the only question that

        18       I raised, and I will in fact be voting for

        19       this bill.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator Hassell-Thompson.

        22                  Senator Nozzolio.

        23                  SENATOR NOZZOLIO:    Thank you,

        24       Madam President.  Will Senator Thompson be so

        25       kind as to continue to yield.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4783



         1                  ACTING PRESIDENT YOUNG:    Senator,

         2       do you yield?

         3                  SENATOR HASSELL-THOMPSON:    Yes, I

         4       will, Madam President.

         5                  ACTING PRESIDENT YOUNG:    The

         6       Senator yields.

         7                  SENATOR HASSELL-THOMPSON:    Aching

         8       leg and all.

         9                  SENATOR NOZZOLIO:    Thank you,

        10       Madam President.  Thank you, Senator.

        11                  The question is -- and I certainly

        12       understand your comments and respect them.  I

        13       think it's important to clarify these matters.

        14       And I also believe it's important to clarify

        15       intentions.

        16                  That this is important, extremely

        17       important to those who work in our

        18       correctional facilities.  And I just wish to

        19       add that it's -- an inmate could be bleeding,

        20       and through the nose, mouth, teeth, whatever,

        21       in an altercation in a correctional facility.

        22       Oftentimes there are fights that correctional

        23       personnel are called upon to break up.  And

        24       that blood certainly could be part of a sputum

        25       issue.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4784



         1                  And I just wondered if Senator

         2       Thompson would also acknowledge that as part

         3       of something we'd like to try to prevent.

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       Hassell-Thompson.

         6                  SENATOR HASSELL-THOMPSON:

         7       Through you, Madam President.  Since blood in

         8       any form is a transmittable form of HIV, then

         9       I would have to accept that under those

        10       circumstances, yes.  But that's already

        11       covered as a bodily fluid in the language of

        12       the existing law.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you, Senator Hassell-Thompson.

        15                  Senator Nozzolio.

        16                  SENATOR NOZZOLIO:    Madam

        17       President, Senator Thompson is correct.  It

        18       has already been protected.

        19                  And I again thank the Senator for

        20       yielding, and I appreciate her constructive

        21       dialog on this matter.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you, Senator.

        24                  Senator Hassell-Thompson.

        25                  SENATOR HASSELL-THOMPSON:    Thank


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4785



         1       you, Madam President.

         2                  ACTING PRESIDENT YOUNG:    Any

         3       Senator wishing to be heard?

         4                  The debate is closed.

         5                  The Secretary will ring the bell.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect on the first of

         9       November.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Announce

        14       the results.

        15                  Senator Nozzolio, to explain his

        16       vote.

        17                  SENATOR NOZZOLIO:    Thank you,

        18       Madam President.  My colleagues, again, I

        19       thank those who are supporting this measure

        20       because by --

        21                  ACTING PRESIDENT YOUNG:    May we

        22       have some order, please.  Thank you.

        23                  Senator.

        24                  SENATOR NOZZOLIO:    Thank you,

        25       Madam President.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4786



         1                  I, in supporting this measure,

         2       thank my colleagues who are supporting this

         3       measure, because in doing so they're

         4       supporting the brave men and women who work

         5       behind the walls in our correctional

         6       facilities.  They walk the toughest beat in

         7       law enforcement in America.  They're steadfast

         8       in their support.  And this makes their jobs a

         9       little bit safer.

        10                  Senator DeFrancisco expanding the

        11       breadth of the protections that correctional

        12       personnel have is just another way to make our

        13       jails safer and make our jails a little less

        14       dangerous to work in.

        15                  That we worked very hard to

        16       establish this threshold.  I am very happy

        17       that there are district attorneys throughout

        18       the state that are prosecuting this crime,

        19       actively, to protect those men and women who

        20       work in our correctional facilities.  And I

        21       thank this body for taking another step to

        22       make our jails a safer place to work.

        23                  Madam President, I vote aye.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Nozzolio.  You will be recorded


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4787



         1       in the affirmative.

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 1870:  Senator

         5       Montgomery.

         6                  Those Senators absent from voting:

         7       Senators Duane and Marchi.

         8                  Ayes, 57.  Nays, 1.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       1883, by Senator Marcellino, Senate Print

        14       8188, an act to amend the General Obligations

        15       Law.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Schneiderman.

        18                  SENATOR SCHNEIDERMAN:    Thank you,

        19       Madam President.  I'm going to speak on the

        20       bill to save us time at this late hour.

        21                  I think we're all familiar with

        22       this bill in this house.  This is a bill that

        23       is here as a Governor's program bill.  Senator

        24       Marcellino is doing his duty as our chair of

        25       Environmental Conservation.  Before him, it


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4788



         1       was carried by Senator Saland, Senator Kuhl,

         2       Senator Hoffmann, back to Senator Cook, in one

         3       form or another.

         4                  It is a bill that has been a

         5       chestnut as a one-house bill and should pass

         6       from the scene as a one-house bill this year.

         7       And I do not believe that the next governor is

         8       going to introduce it as a program bill.

         9                  The reason this bill doesn't get

        10       anywhere, in spite of the vigorous debates

        11       that occasionally erupt in relation to it, is

        12       that this bill would take -- again, would be

        13       an assault on the law of negligence in the

        14       State of New York.  This would say that a

        15       private landowner or their tenants or people

        16       who just maintain the property, who open their

        17       land, agree that their land can be used for

        18       any recreational use -- basketball,

        19       skateboarding, anything -- would be exempted

        20       from the ordinary rules of the law of

        21       negligence.

        22                  And again, this came up earlier

        23       today in the context of Senator Balboni's

        24       bill.  Exempting people from the rule of

        25       negligence is a very serious blow to the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4789



         1       balance created by America's system of

         2       justice.  All negligence requires, all the

         3       landowners have to do to avoid being liable

         4       for negligence is to behave reasonably.

         5                  Again, Black's Law Dictionary

         6       defines negligence as the failure to exercise

         7       reasonable care towards others.  So we're not

         8       talking about people having to be perfect,

         9       we're not saying any little slip and you're

        10       liable.  We're saying if you act

        11       unreasonably -- if there is a swimming pool

        12       with broken glass in it and you don't put a

        13       fence around it, you don't have a sign that

        14       says "Children Keep Out," that might be

        15       unreasonable.  And it's a fact-by-fact

        16       situation.

        17                  This bill takes an area of law in

        18       which there are some very narrow exemptions --

        19       hunting, fishing, organized gleaning, which I

        20       know is something that Senator Smith and

        21       Senator Hassell-Thompson like to engage in,

        22       boating, trapping, hiking -- that makes it

        23       clear we're talking about areas that are more

        24       or less wilderness areas, areas in the wild,

        25       and instead says any recreational use.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4790



         1                  Which is a huge expansion of the

         2       pieces of property in our state as to which a

         3       landowner or tenant, whoever is in control of

         4       that property, is exempted from their

         5       responsibility to fence it off, to post it, to

         6       take all reasonable care to keep people and

         7       particularly children from being injured.

         8                  So I'm opposed to this bill for the

         9       same reason I opposed its predecessors.  I

        10       think that we should be able to engage in our

        11       organized gleaning or other activities as we

        12       wish, which we're allowed to under the current

        13       state of law.

        14                  There also, as I have to note --

        15       and this has been called to my attention by

        16       prior sponsors of this bill -- there is a body

        17       of case law that defines what we're talking

        18       about for property, but that body of case law

        19       is based on the definition of property as

        20       essentially property used for recreational

        21       activities in, you know, in the wild --

        22       hang gliding, snowmobile operation, that kind

        23       of thing.

        24                  So when you make it any other

        25       recreational use, it opens up a whole broad


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4791



         1       area of property that would thereby be exempt

         2       from any requirement that the landowner behave

         3       reasonably to provide notice, to provide

         4       protection to the public.

         5                  We're talking about recreation.

         6       That means we're talking about a lot of

         7       children in this state who would not be

         8       protected as well as they are today if this

         9       bill were to become law.

        10                  I don't think we're going to be

        11       seeing this bill again with a new governor, so

        12       let's bid it adieu as a one-house chestnut.

        13       I'm going to be voting no, with a little bit

        14       of nostalgia for it.  I know Senator Balboni

        15       joins me in that.

        16                  Thank you, Madam President.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator Schneiderman.

        19                  Senator Montgomery.

        20                  SENATOR MONTGOMERY:    Yes, thank

        21       you, Madam President.  I just want to make a

        22       comment on this legislation, and certainly on

        23       the bill.

        24                  ACTING PRESIDENT YOUNG:    On the

        25       bill.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4792



         1                  SENATOR MONTGOMERY:    Thank you.

         2                  I am not by any means an expert,

         3       and I really have never been involved in this

         4       debate.  However, I do want to say one thing.

         5       It is very difficult now for children in my

         6       district, even my own son has been barred from

         7       doing any activity on the grounds where we

         8       live.  And the reason for that is that the

         9       co-op is desperately afraid of having any kind

        10       of lawsuit.  So none of the children who live

        11       in the development can utilize the grounds for

        12       any activity.

        13                  And children are not allowed to

        14       have recreational activities, physical

        15       activities, in many places in New York City

        16       because of the fear of lawsuits.

        17                  So in a sense we have severely

        18       curtailed the opportunity for young people to

        19       have the kind of physical activity that would

        20       prevent them from becoming obese, that would

        21       give them an opportunity to develop skills in

        22       certain sports and so forth and so on.

        23                  So I really am not sure that this

        24       bill would help with that situation.  But,

        25       Madam President, I do assure you that there is


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4793



         1       a very big problem with having recreational

         2       areas, especially outdoor areas, being subject

         3       to lawsuits which end up being an obstacle to

         4       having young people, especially in the urban

         5       areas, with very limited access to outdoor

         6       activities, that they are curtailed from doing

         7       anything because of the fear of lawsuits.

         8                  So I just want to make that

         9       statement, be on record saying that.  And if I

        10       decide to support the legislation, I would

        11       like for you to understand why I'm doing that.

        12                  Thank you.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you, Senator.

        15                  Any other Senator wishing to be

        16       heard?

        17                  The debate is closed.

        18                  The Secretary will ring the bell.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Senator


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4794



         1       DeFrancisco, to explain his vote.

         2                  SENATOR DeFRANCISCO:    Yes, I'm

         3       voting no.  And I've got an actual, real-life

         4       case under existing law to show why a bill

         5       like this is not good.

         6                  There's a client of mine who was on

         7       a reservoir near a hydroelectric plant that is

         8       used commonly for fishing in the North

         9       Country.  He was with his 12-year-old son.

        10                  And they did not allow, this

        11       hydroplant did not allow the fishing and the

        12       use of that facility due to their goodness of

        13       their hearts; it was part of the requirement

        14       of their license to allow people to use that

        15       for recreation.

        16                  Well, what ended up happening,

        17       without notifying anybody, without any

        18       notices, any warnings or whatever, they opened

        19       the floodgates because the -- over the dam the

        20       water was too high.  No sirens, no warnings,

        21       no anything.

        22                  Well, the two of them were carried

        23       through the place that they'd been on many

        24       times, carried through the floodgates, went

        25       down 60 feet.  The father has got one leg


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4795



         1       shorter than the other, and thank God the son

         2       was not hurt other than minor abrasions and so

         3       forth.

         4                  The case was thrown out because

         5       allowing this -- under existing law, that they

         6       were immune, even though they were required to

         7       do recreational use under their license.  It

         8       went up on appeal, same thing citing this

         9       statute.  No reason for any compensation.

        10                  Now, I think that's wrong, and I

        11       think an expansion of a bill like that is

        12       wrong.  That's why I'm voting no.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       DeFrancisco will be recorded in the negative.

        15                  Senator Morahan, to explain his

        16       vote.

        17                  SENATOR MORAHAN:    Thank you,

        18       Madam President.

        19                  First, I would like to commend

        20       Senator Marcellino for proposing this law,

        21       this bill.  It's well-intentioned but I think

        22       misdirected.

        23                  My concern is, frankly, that it is

        24       too broad, as has been stated in the opening

        25       dialogue.  I think we need more space for our


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4796



         1       children, but that can be done through Little

         2       League, that can be done through towns,

         3       municipalities, villages.

         4                  And I think just to open it up so

         5       wide that the mere fact that you've opened it

         6       up -- we don't know the condition of the

         7       property, we don't know anything about the

         8       property.  So I think while it's

         9       well-intentioned, I can't support it.  So I'm

        10       going to be voting no.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Morahan.  You will be recorded in

        13       the negative.

        14                  Senator Marcellino, to explain his

        15       vote.

        16                  SENATOR MARCELLINO:    Yes, Madam

        17       President, briefly.

        18                  I thank my colleagues for their

        19       comments.  And I tell you that should this

        20       bill come back next year, I will work with

        21       Governor-elect Faso to make it an even better

        22       bill.

        23                  (Laughter.)

        24                  SENATOR MARCELLINO:    I vote aye.

        25                  ACTING PRESIDENT YOUNG:    Thank


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4797



         1       you, Senator Marcellino.  You will be recorded

         2       in the affirmative.

         3                  Announce the results.

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 1883 are

         6       Senators Breslin, Connor, Coppola,

         7       DeFrancisco, Dilan, Gonzalez,

         8       Hassell-Thompson, Klein, L. Krueger, Morahan,

         9       Onorato, Parker, Paterson, Sabini, Sampson,

        10       Savino, Schneiderman, Serrano, A. Smith,

        11       Stachowski and Stavisky.  Also in the

        12       negative, Senator Montgomery.

        13                  Those Senators absent from voting:

        14       Senators Duane and Marchi.

        15                  Ayes, 36.  Nays, 22.

        16                  ACTING PRESIDENT YOUNG:    The bill

        17       is passed.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       1884, by Senator Golden, Senate Print 8201, an

        21       act to amend the Real Property Tax Law.

        22                  SENATOR LIZ KRUEGER:

        23       Explanation.

        24                  ACTING PRESIDENT YOUNG:    Senator

        25       Golden, an explanation has been requested.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4798



         1                  SENATOR GOLDEN:    Thank you, Madam

         2       President.

         3                  The 421-a has allowed for

         4       affordable housing and gives tax benefits to

         5       those with 421-a housing.  It has been in

         6       operation since 1971, has allowed for 130,000

         7       units to be built in New York City.  And this

         8       is a New York City bill, and it is an extender

         9       for one year to the year 2007.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator.

        12                  Senator Krueger.

        13                  SENATOR LIZ KRUEGER:    Thank you,

        14       Madam President.  On the bill.

        15                  ACTING PRESIDENT YOUNG:    On the

        16       bill.

        17                  SENATOR LIZ KRUEGER:    So the City

        18       of New York has actually created a task force

        19       to reevaluate the 421-a program, based on the

        20       fact that there's enormous data that at least

        21       over the last decade this program, at least in

        22       its existing form, has ended up being a

        23       subsidy program not for affordable housing but

        24       in fact, in many cases, luxury units.

        25                  For the record, many of the units


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4799



         1       that have been created under 421-a actually

         2       are in my district.  And as most people might

         3       be aware, my district is now some of the most

         4       expensive real estate in the country if not

         5       the world.  And the data shows that the 421-a

         6       tax exemptions are not being used to build

         7       affordable housing in my district, but are

         8       often being used by luxury developers.

         9                  Some of the most expensive towers

        10       in my district that have gone up in the last

        11       decade have taken advantage of the 421-a

        12       program.  And in fact, in a recently reported

        13       New York Times story from April 12, 2006, they

        14       profiled 10 apartment buildings that got tax

        15       breaks under 421-a, with an individual

        16       building owner averaging $9.4 million in tax

        17       deductions during the period of the tax break,

        18       but not one of the buildings included a

        19       2-bedroom apartment renting for less than

        20       $2,000 a month.

        21                  The report went on to analyze that

        22       in the TriBeCa area of the city, the

        23       apartments that were getting 421-a exemptions

        24       were renting for as much as $4200 to $5000 a

        25       month.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4800



         1                  In 1971, when 421-a was first

         2       created, it was a very different situation in

         3       the City of New York.  And I would argue that

         4       at one time this was a reasonable model for

         5       tax exemptions.  But in 2006, it is estimated

         6       that the City of New York will lose annually

         7       over $300 million in taxes due to the 421-a

         8       system and that tax loss will have very little

         9       correlation to the increased building of

        10       affordable units.  Imagine what we could do in

        11       the City of New York with another $320 million

        12       to build affordable housing.

        13                  So despite the fact that the 421-a

        14       program is, I would argue, most frequently

        15       used in my own district, it is the wrong

        16       answer for the 21st century for the City of

        17       New York.  I look forward to the Mayor's task

        18       force coming out with their report on

        19       recommendations for radically reforming this

        20       program.

        21                  And I do not see any motivation for

        22       us to wish to extend this program even for

        23       another year, because as I read this bill this

        24       would allow for continued exemptions for new

        25       developments commencing before December 2007


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4801



         1       through December 2008.  And since we're really

         2       only in June 2006, what this bill, if it

         3       became law, would do is to extend the

         4       existence of a program that has already shown

         5       itself to no longer be appropriate for

         6       building appropriate housing in the City of

         7       New York through the end of 2008.

         8                  And even though the Mayor's people,

         9       I am advised, are not yet ready to make their

        10       recommendations for changes in the law, I

        11       personally think it would be fine to allow

        12       this law to sunset and start again with new

        13       recommendations out of the city.

        14                  I'll be voting no.  Thank you,

        15       Madam President.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you, Senator Krueger.

        18                  Any other Senator wishing to be

        19       heard?

        20                  Senator Golden.

        21                  SENATOR GOLDEN:    On the bill,

        22       Madam President.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Golden, on the bill.

        25                  SENATOR GOLDEN:    I thank the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4802



         1       Senator for her statements on 421-a.  And I

         2       too believe that 421-a should be used for

         3       affordable housing.

         4                  But this 421-a has allowed for

         5       tremendous construction of new housing in the

         6       City of New York.  And I will point out that

         7       Senator Krueger voted aye the last time, and

         8       this has been voted unanimously in the past.

         9                  And I vote aye.  Thank you.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator Golden.

        12                  Senator Montgomery.

        13                  SENATOR MONTGOMERY:    Yes, Madam

        14       President.  My district, similar to how

        15       Senator Krueger describes her district, my

        16       district is simply being overbuilt with

        17       basically very, very high-end luxury

        18       condominiums.  And because of the location

        19       where I am, these condominiums, these

        20       developers have, as a right, access to 421-a

        21       tax abatement.

        22                  And I think, in the least, when and

        23       if we renew the 421-a or extend the 421-a

        24       program, it should require that it be targeted

        25       to those buildings that afford middle-income


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4803



         1       working people an opportunity to be able to

         2       live and work in the city.

         3                  So I'm going to oppose this

         4       straight-out extension because it does not

         5       contain any requirement for developers to do

         6       affordable housing.  And so they're building

         7       luxury condos and they're advertising them

         8       that they start at $550,000 for a small condo

         9       unit in a building on the corner of X and

        10       Y Avenue.  So this really does not help people

        11       in New York City.

        12                  This is a developer's program.  In

        13       my opinion, it's the developer's welfare

        14       program.  We should end it.  At least we

        15       should target it to housing that is the most

        16       needed, to the most-needed New Yorkers.  I

        17       would like to see teachers and police officers

        18       and firemen and the young families and artists

        19       be able to continue to live in my district.

        20       And as it goes now, they're not, and we're

        21       subsidizing their displacement.

        22                  So I'm going to vote no.

        23                  ACTING PRESIDENT YOUNG:    Thank

        24       you, Senator Montgomery.

        25                  Any other Senator wishing to be


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4804



         1       heard?

         2                  Senator Schneiderman.

         3                  SENATOR SCHNEIDERMAN:    Thank you,

         4       Madam President.

         5                  I'll try to be brief because this

         6       is, I believe, the last bill we're going to be

         7       doing today.  But I really do want to urge my

         8       colleagues to consider what Senator Krueger

         9       and Senator Montgomery have talked about.

        10                  The Mayor has just convened a task

        11       force on tax breaks for housing developers,

        12       yet we're rushing forward with this bill today

        13       to extend the 421-a program without any reform

        14       to the program without waiting for the results

        15       or findings of that task force.

        16                  Two housing advocacy groups,

        17       Habitat for Humanity in New York City and the

        18       Pratt Center for Community Development,

        19       released a report in April essentially

        20       documenting the fact that the 421-a -- and I'm

        21       quoting from the report:  "In its present

        22       form, the 421-a program is a massive misuse of

        23       the tax dollars of New York City residents."

        24                  "It continues to subsidize luxury

        25       homes in expensive neighborhoods with nearly


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4805



         1       80 percent of the benefits going in Manhattan.

         2       It subsidizes buildings that would have been

         3       built anyway, at an annual cost to the city of

         4       $300 million and rising fast, and it creates

         5       very little affordable housing."

         6                  Ladies and gentlemen, we should at

         7       least consider reforms to the system.  We

         8       should at least allow the Mayor's task force

         9       to complete its work before we vote to extend

        10       it without any reforms.

        11                  There are others who are testifying

        12       and submitting information to the task force

        13       in addition to these groups, but it is clear

        14       that we are not getting our bang for the buck

        15       and this program, at the very least, is

        16       subsidizing developments that would get built

        17       because of the nature of the market whether or

        18       not they received a subsidy.

        19                  Let's concentrate on the crisis for

        20       low- and moderate-income people in our city

        21       who cannot afford to live in the communities

        22       that they come from.  Let us concentrate on

        23       that.  Let us reform this program before we

        24       renew it.

        25                  I'm going to be voting no, Madam


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4806



         1       President.

         2                  ACTING PRESIDENT YOUNG:    Thank

         3       you, Senator Schneiderman.

         4                  Senator Connor.

         5                  SENATOR CONNOR:    Thank you, Madam

         6       President.

         7                  You know, we had a big fight over

         8       this years ago and tried to make some of these

         9       programs not applicable to Manhattan.  But,

        10       you know, the market has changed so much where

        11       we are now.

        12                  In my district in Brooklyn, in

        13       downtown Brooklyn, they are building.  They

        14       are building in every available space they can

        15       find, and they are building very, very

        16       expensive apartments.  You know, efficiencies

        17       start at $800,000 and a one-bedroom,

        18       $1.1 million; a two-bedroom, $1.4 million.

        19       They sell out before they finish building or

        20       converting, in some cases, old factory

        21       buildings.

        22                  Once upon a time we needed this

        23       kind of incentive program.  There was no

        24       market.  There were no people willing to

        25       invest in building in New York City.  Now


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4807



         1       they're tripping over each other to build.

         2                  One potential project, they paid --

         3       the developer paid $110 million for an old

         4       factory loft building, was converting it into

         5       very expensive condominiums.  And the buyers

         6       of the condominiums will get the tax subsidy

         7       from 421-a.  Anybody who buys an apartment for

         8       $2 million or $3 million doesn't really need a

         9       whole lot of help from City of New York's

        10       taxpayers to get there.

        11                  And what I'm concerned about -- and

        12       by the way, Senator Krueger mentioned my

        13       district, TriBeCa.  I think actually TriBeCa

        14       has gotten more expensive than the Upper East

        15       Side.  And once upon a time there was no

        16       TriBeCa.  When I was first elected, it was

        17       just a bunch of lofts over there.

        18                  The Lower East Side, the Lower East

        19       Side -- where, frankly, it was pretty rough in

        20       Alphabet City 20 years ago, 25 years ago when

        21       I was representing it -- now the long-time

        22       residents are being chased out, rents have

        23       skyrocketed, new construction is going up

        24       wherever it can.  But it's very, very

        25       expensive.  There are virtually no set-asides


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4808



         1       for affordable housing.

         2                  When I say "affordable," I don't

         3       just mean housing for the poor, I mean for

         4       working families, middle-middle-class families

         5       can't afford to live there anymore.  In a

         6       neighborhood that 25 years ago you would have

         7       talked about as one of the classic poorer slum

         8       neighborhoods in New York City.

         9                  So we really need to revisit this.

        10       I'm not saying we shouldn't have a housing

        11       program.  Where are the set-asides for

        12       affordable housing?  Oh, occasionally if you

        13       get a developer that needs a zoning variance,

        14       local officials can squeeze them for -- and

        15       they used to say we can't afford to set aside

        16       more than 15 to 20 percent; the numbers don't

        17       work.  Well, at today's numbers you can afford

        18       to set aside 40 to 50 percent of these units

        19       for affordable and still make money if you're

        20       a developer.

        21                  So we shouldn't be subsidizing

        22       rampant greed.  We should be subsidizing

        23       responsible development.

        24                  My only dilemma about this bill is

        25       it's a one-year extender and I do think we


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4809



         1       need to have some reliability or

         2       predictability if we're going to encourage

         3       people to continue to build, because these

         4       things don't get built overnight.  So if I

         5       thought this were going to be close, I might

         6       be tempted to say, well, okay, one more

         7       extension.

         8                  But the Mayor has appointed a panel

         9       to investigate changes.  I think we ought to

        10       keep his feet to the fire.  I'm not saying I

        11       would let this expire at the end of this year,

        12       but something tells me we'll be back before

        13       then if we needed a six-month sentence.

        14                  But I'd rather do an extension with

        15       changes.  We really need to take a look at

        16       what's going on.  Look, it's not bad that

        17       people are willing to invest a lot of money in

        18       New York City and create new housing.  What is

        19       bad is we are quickly heading toward what you

        20       see in Paris, where the poor people live in

        21       the suburbs.  And those of who you represent

        22       the near suburbs may be noticing demographic

        23       change in the districts you represent.  It's

        24       because working-class people and poor people,

        25       in between jobs or have those kind of jobs


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4810



         1       that aren't that stable, low-income, are being

         2       pushed out to the suburbs.

         3                  If you go to Paris, the poorest

         4       people live in the farthest suburbs.  And back

         5       when they had all those disturbances last

         6       year, it was in the suburbs.  Why?  Only the

         7       wealthy can live in the city.  Well, that's

         8       what's starting to happen in New York.  And

         9       not just Manhattan, it's starting to happen in

        10       large parts of Brooklyn, it's getting into

        11       Queens, it's happening throughout the city.

        12       Folks can't afford to live in Harlem anymore

        13       if you've got to pay market.  That's a hot

        14       neighborhood.  I mean, you name it.

        15                  So we really have to take a look at

        16       what we're doing here, or else the poorest

        17       people will have to pay the most

        18       transportation costs -- which we know are

        19       increasing because of energy considerations --

        20       to get to the lowest-paid jobs in the city.

        21       And you're going to be talking about the poor

        22       suburbs in many, many cases before long.

        23                  So I'm going to vote no as a

        24       protest and encourage the city do something

        25       about this.  Let's have a housing incentive


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4811



         1       program for the 21st century.  This was a

         2       program for the 1970s and 1980s.  The market

         3       conditions, the economy of the city were far

         4       different then.  Let's have a program for now.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Connor.

         7                  Any other Senator wishing to be

         8       heard?

         9                  The debate is closed.

        10                  The Secretary will ring the bell.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Those recorded in

        20       the negative on Calendar Number 1884 are

        21       Senators Breslin, Connor, Coppola, Diaz,

        22       Dilan, L. Krueger, C. Kruger, Montgomery,

        23       Onorato, Oppenheimer, Padavan, Parker,

        24       Paterson, Savino, Schneiderman, Serrano, and

        25       Stachowski.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4812



         1                  Absent from voting:  Senators Duane

         2       and Marchi.

         3                  Ayes, 41.  Nays, 17.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  That concludes the reading of the

         7       controversial calendar for Supplemental

         8       Calendar Number 58A.

         9                  Senator Fuschillo.

        10                  SENATOR FUSCHILLO:    Madam

        11       President, is there any other business at the

        12       desk?

        13                  ACTING PRESIDENT YOUNG:    We have

        14       housekeeping, Senator.

        15                  SENATOR FUSCHILLO:    Please take

        16       up the motions.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Nozzolio.

        19                  SENATOR NOZZOLIO:    Thank you,

        20       Madam President.

        21                  On page 9 I offer the following

        22       amendments to Calendar Number 244, Senate

        23       Print Number 6471D, and ask that said bill

        24       retain its place on Third Reading Calendar.

        25                  ACTING PRESIDENT YOUNG:    Thank


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4813



         1       you, Senator.  The amendments are received,

         2       and the bill will retain its place on the

         3       Third Reading Calendar.

         4                  Senator Nozzolio.

         5                  SENATOR NOZZOLIO:    Madam

         6       President, on page 8 I offer the following

         7       amendments to Calendar Number 226, Senate

         8       Print Number 6015A, on behalf of Senator

         9       Seward, and ask that said bill retain its

        10       place on Third Reading Calendar.

        11                  ACTING PRESIDENT YOUNG:    The

        12       amendments are received, and the bill will

        13       retain its place on the Third Reading

        14       Calendar.

        15                  Thank you, Senator.

        16                  Senator Little.

        17                  SENATOR LITTLE:    Thank you, Madam

        18       President.

        19                  On behalf of Senator Seward, I wish

        20       to call up Senate Print Number 7040, recalled

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

        22                  ACTING PRESIDENT YOUNG:    The

        23       Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       727, by Senator Seward, Senate Print 7040, an


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4814



         1       act in relation to legalizing.

         2                  SENATOR LITTLE:    Madam President,

         3       I now move to reconsider the vote by which the

         4       bill was passed.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll on reconsideration.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  SENATOR LITTLE:    Madam President,

        10       I now offer the following amendments.

        11                  ACTING PRESIDENT YOUNG:    The

        12       amendments are received.

        13                  Senator Fuschillo.

        14                  SENATOR FUSCHILLO:    Madam

        15       President, there will be a meeting of the

        16       Rules Committee tomorrow, June 20th, at

        17       11:30 a.m. in the Majority Conference Room.

        18                  ACTING PRESIDENT YOUNG:    Thank

        19       you, Senator.  There will be a Rules Committee

        20       meeting tomorrow at 11:30 in the Majority

        21       Conference Room.

        22                  SENATOR FUSCHILLO:    There being

        23       no further business, I move we adjourn until

        24       Tuesday, June 20th, at 1:00 p.m.

        25                  ACTING PRESIDENT YOUNG:    On


                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        4815



         1       motion, the Senate stands adjourned until

         2       Tuesday, June 20th, at 1:00 p.m.

         3                  (Whereupon, at 7:46 p.m., the

         4       Senate adjourned.)

         5

         6

         7

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25


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