Regular Session - May 31, 2007
3509
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 31, 2007
11 11:04 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and join me in reciting the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask that we all bow our
11 heads for a moment of silent prayer.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT GRIFFO: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, May 30, the Senate met pursuant to
18 adjournment. The Journal of Tuesday, May 29,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT GRIFFO: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Farley.
8 SENATOR FARLEY: Thank you,
9 Mr. President.
10 I wish to call up Senator Little's
11 bill, Print Number 1129, recalled from the
12 Assembly, and it's now at the desk.
13 ACTING PRESIDENT GRIFFO: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 118, by Senator Little, Senate Print 1129, an
17 act to amend the Town Law.
18 SENATOR FARLEY: Mr. President, I
19 now move to reconsider the vote by which this
20 bill was passed.
21 ACTING PRESIDENT GRIFFO: Call
22 the roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 38.
25 SENATOR FARLEY: I now offer the
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1 following amendments.
2 ACTING PRESIDENT GRIFFO: The
3 amendments are received.
4 SENATOR FARLEY: Mr. President, I
5 offer the following amendments to these bills:
6 On behalf of Senator Maziarz, on
7 page 6, Calendar Number 121, Senate Print
8 Number 948A;
9 On behalf of Senator Morahan, on
10 page 35, Calendar Number 909, Senate Print
11 Number 2902;
12 On behalf of Senator Padavan, on
13 page 39, Calendar Number 958, Senate Print
14 Number 5410;
15 On behalf of Senator Flanagan, on
16 page 65, Calendar Number 1286, Senate Print
17 Number 5632;
18 And on behalf of Senator Morahan,
19 on page 74, Calendar Number 1377, Senate Print
20 Number 5181.
21 Mr. President, I move that these
22 bills retain their place on the Third Reading
23 Calendar.
24 ACTING PRESIDENT GRIFFO: The
25 amendments are received and adopted, and the
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1 bills will retain their place on the Third
2 Reading Calendar.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President, I
5 believe there are substitutions to be made at
6 this time.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: On page 43,
10 Senator DeFrancisco moves to discharge, from
11 the Committee on Investigations and Government
12 Operations, Assembly Bill Number 1689 and
13 substitute it for the identical Senate Bill
14 Number 417, Third Reading Calendar 1007.
15 And on page 44, Senator Skelos
16 moves to discharge, from the Committee on
17 Rules, Assembly Bill Number 7526A and
18 substitute it for the identical Senate Bill
19 Number 3857, Third Reading Calendar 1022.
20 ACTING PRESIDENT GRIFFO:
21 Substitutions ordered.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
24 there's a Resolution 2514 at the desk by
25 Senator Leibell. If we could have the title
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1 read and move for its immediate adoption.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: By Senator
5 Leibell, Legislative Resolution Number 2514,
6 memorializing Governor Eliot Spitzer to
7 proclaim June 2007 as Guiding Eyes for the
8 Blind Month in the State of New York.
9 ACTING PRESIDENT GRIFFO: The
10 question is on the resolution. All in favor
11 signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT GRIFFO:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT GRIFFO: The
17 resolution is carried.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 if we could go to the noncontroversial reading
21 of the calendar.
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will read.
24 But first, Senator Klein will be
25 recognized for a quick motion.
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1 SENATOR KLEIN: Yes,
2 Mr. President, I have an amendment of a bill
3 on the calendar of third reading.
4 On page 75, I offer the following
5 amendments to Calendar Number 1382, Senate
6 Print 1340, on behalf of Senator Stachowski,
7 and ask that said bill retain its place on
8 Third Reading Calendar.
9 ACTING PRESIDENT GRIFFO: The
10 amendments are received and adopted, and the
11 bill will retain its place on the Third
12 Reading Calendar.
13 The Secretary will conduct the
14 noncontroversial reading of the calendar.
15 THE SECRETARY: Calendar Number
16 550, by Senator LaValle, Senate Print 3821A,
17 an act to amend the Alcoholic Beverage Control
18 Law, in relation to service.
19 ACTING PRESIDENT GRIFFO: Last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 38.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 898, by Senator Little, Senate Print 4963, an
6 act to amend the Real Property Tax Law, in
7 relation to definition and use.
8 ACTING PRESIDENT GRIFFO: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect September 1, 2007.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 38.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 915, by Senator Morahan, Senate Print 4438, an
20 act to amend the Mental Hygiene Law, in
21 relation to establishing.
22 ACTING PRESIDENT GRIFFO: Last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 90th day.
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1 ACTING PRESIDENT GRIFFO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 38.
5 ACTING PRESIDENT GRIFFO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1007, substituted earlier today by Member of
9 the Assembly R. Diaz, Assembly Print Number
10 1689, an act to amend the Public Officers Law.
11 ACTING PRESIDENT GRIFFO: Last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 120th day.
15 ACTING PRESIDENT GRIFFO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Senator
19 DeFrancisco, to explain his vote.
20 SENATOR DeFRANCISCO: Yes, I want
21 to just explain that this is another
22 indication of the Legislature attempting to
23 open government so that it's more accessible
24 to the people.
25 We've passed different laws. Last
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1 year we passed a law on Freedom of Information
2 that, if a state agency or someone who's
3 required to provide this information does not
4 do so in accordance with the law and the
5 person has to go into court, the judge can
6 order, if he chooses to or she chooses to,
7 attorney's fees.
8 This is another example of opening
9 government by requiring state agencies to
10 place on their website information such as how
11 to make the Freedom of Information request,
12 where records are located, information that
13 makes it easier for the public to access the
14 information that they're entitled to.
15 So I think it's a significant bill
16 that has passed the Assembly and hopefully
17 will be signed by the Governor and become law.
18 I vote aye.
19 ACTING PRESIDENT GRIFFO: Senator
20 DeFrancisco to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 39.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1010, by Senator Farley, Senate Print 1522, an
2 act to amend the Tax Law.
3 ACTING PRESIDENT GRIFFO: Last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 39.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1014, by the Senate Committee on Rules, Senate
15 Print 2132, an act to amend the Tax Law and
16 Chapter 200 of the Laws of 2002.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 39.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1022, substituted earlier today by Member of
4 the Assembly Morelle, Assembly Print Number
5 7526A, an act to amend the Arts and Cultural
6 Affairs Law.
7 ACTING PRESIDENT GRIFFO: Last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 39.
15 ACTING PRESIDENT GRIFFO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1052, by Senator Larkin, Senate Print 4836, an
19 act to amend the Penal Law.
20 ACTING PRESIDENT GRIFFO: Last
21 section.
22 THE SECRETARY: Section 6. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 39.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1053, by Senator Volker, Senate Print 4873, an
7 act to amend the Criminal Procedure Law.
8 ACTING PRESIDENT GRIFFO: Last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 39.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1059, by Senator Morahan, Senate Print 5474,
20 an act to amend the Penal Law and others.
21 ACTING PRESIDENT GRIFFO: Last
22 section.
23 THE SECRETARY: Section 61. This
24 act shall take effect on the 90th day.
25 ACTING PRESIDENT GRIFFO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 39.
4 ACTING PRESIDENT GRIFFO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1066, by Senator Maziarz, Senate Print 4460,
8 an act to amend Chapter 547 of the Laws of
9 1947.
10 ACTING PRESIDENT GRIFFO: Last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 39.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1088, by Senator DeFrancisco, Senate Print
22 912, an act to amend the Correction Law.
23 ACTING PRESIDENT GRIFFO: Last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first of
2 November.
3 ACTING PRESIDENT GRIFFO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 39.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1095, by Senator Nozzolio, Senate Print 3612,
11 an act to amend the Correction Law and the
12 Executive Law.
13 ACTING PRESIDENT GRIFFO: Last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 39.
21 ACTING PRESIDENT GRIFFO: The
22 bill is passed.
23 Senator Skelos.
24 SENATOR SKELOS: If I could just
25 interrupt for a moment, for the purposes of
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1 planning, I'd like to inform the members of
2 the Majority that there will be a conference
3 at 11:30 in the Majority Conference Room.
4 ACTING PRESIDENT GRIFFO: Point
5 of information, there will be a conference of
6 the Majority at 11:30 in the Majority
7 Conference Room.
8 The Secretary will continue to
9 read.
10 THE SECRETARY: Calendar Number
11 1099, by Senator Marcellino, Senate Print
12 5324, an act to amend the Executive Law.
13 ACTING PRESIDENT GRIFFO: Last
14 section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 60th day.
17 ACTING PRESIDENT GRIFFO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 42.
21 ACTING PRESIDENT GRIFFO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1104, by Senator Padavan, Senate Print 3076,
25 an act in relation to the participation.
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1 ACTING PRESIDENT GRIFFO: Last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 42.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1108, by Senator Maziarz, Senate Print 3997,
13 an act to authorize the Gates Fire District to
14 offer an option.
15 ACTING PRESIDENT GRIFFO: Last
16 section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 43.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1126, by Senator Volker, Senate Print 3213, an
2 act in relation to authorizing the Town of
3 Canandaigua.
4 ACTING PRESIDENT GRIFFO: There
5 is a home-rule message at the desk.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 43.
13 ACTING PRESIDENT GRIFFO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1129, by Senator Farley, Senate Print 4406, an
17 act to amend the Town Law.
18 ACTING PRESIDENT GRIFFO: Last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 43.
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1 ACTING PRESIDENT GRIFFO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1132, by Senator Little, Senate Print 5370A,
5 an act to amend the Local Finance Law.
6 ACTING PRESIDENT GRIFFO: Last
7 section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 43.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1136, by Senator Little, Senate Print 5733, an
18 act to amend the Real Property Tax Law.
19 ACTING PRESIDENT GRIFFO: Read
20 the last section.
21 THE SECRETARY: Section 10. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 43.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1145, by Senator Alesi, Senate Print 290, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT GRIFFO: Last
8 section.
9 THE SECRETARY: Section 3. This
10 act shall take effect September 1, 2007.
11 ACTING PRESIDENT GRIFFO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 43.
15 ACTING PRESIDENT GRIFFO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1146, by Senator Bonacic, Senate Print 461, an
19 act to amend the Public Authorities Law.
20 ACTING PRESIDENT GRIFFO: Last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 30th day.
24 ACTING PRESIDENT GRIFFO: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 43.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1149, by Senator Trunzo, Senate Print 1320, an
7 act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT GRIFFO: Last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 44.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1151, by Senator Larkin, Senate Print 4293, an
20 act to amend the Highway Law.
21 ACTING PRESIDENT GRIFFO: Last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 44.
4 ACTING PRESIDENT GRIFFO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1156, by Senator Volker, Senate Print 2372, an
8 act to amend the Alcoholic Beverage Control
9 Law and others.
10 ACTING PRESIDENT GRIFFO: Last
11 section.
12 THE SECRETARY: Section 9. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 45.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1163, by Senator Morahan, Senate Print 5473,
22 an act to amend the Mental Hygiene Law.
23 ACTING PRESIDENT GRIFFO: Last
24 section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 45.
6 ACTING PRESIDENT GRIFFO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1164, by Senator Marcellino, Senate Print
10 5760, an act in relation to requiring the
11 Commissioner of Mental Retardation.
12 ACTING PRESIDENT GRIFFO: Last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 45.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1165, by Senator Young, Senate Print 2135, an
24 act to amend the Education Law.
25 ACTING PRESIDENT GRIFFO: Last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 45.
8 ACTING PRESIDENT GRIFFO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1166, by Senator Trunzo, Senate Print 3048, an
12 act to amend the Education Law.
13 ACTING PRESIDENT GRIFFO: Last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of August.
17 ACTING PRESIDENT GRIFFO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 45.
21 ACTING PRESIDENT GRIFFO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1167, by Senator LaValle, Senate Print 5146,
25 an act to amend the Education Law.
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1 ACTING PRESIDENT GRIFFO: Last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 46.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1170, by Senator Farley, Senate Print 4782A,
13 an act to amend Chapter 223 of the Laws of
14 1996.
15 ACTING PRESIDENT GRIFFO: Last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 46.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1180, by Senator Young, Senate Print 4903, an
2 act to amend the Labor Law.
3 ACTING PRESIDENT GRIFFO: Last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 46.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1181, by Senator Lanza, Senate Print 5707, an
15 act to amend the Labor Law.
16 ACTING PRESIDENT GRIFFO: Last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 50.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1182, by Senator Maltese, Senate Print 5880,
3 an act to amend the Labor Law.
4 ACTING PRESIDENT GRIFFO: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the same date and in
8 the same manner as Section 2 of Chapter 82 of
9 the Laws of 2006.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 50.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1184, by Senator Rath, Senate Print 3013, an
18 act to establish a joint police protection
19 district.
20 ACTING PRESIDENT GRIFFO: There
21 is a home-rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 50.
4 ACTING PRESIDENT GRIFFO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1189, by Senator Marcellino, Senate Print
8 5157, an act to authorize the City of Glen
9 Cove, County of Nassau.
10 ACTING PRESIDENT GRIFFO: There
11 is a home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 8. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 50.
19 ACTING PRESIDENT GRIFFO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1190, by Senator Farley, Senate Print 5191, an
23 act authorizing the Village of St. Johnsville,
24 Montgomery County.
25 ACTING PRESIDENT GRIFFO: There
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1 is a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 51.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1197, by Senator Winner, Senate Print 3219, an
13 act to amend the Environmental Conservation
14 Law.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 49. Nays,
23 2. Senators Perkins and Serrano recorded in
24 the negative.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1221, by Senator DeFrancisco, Senate Print
4 916, an act to amend the Criminal Procedure
5 Law.
6 ACTING PRESIDENT GRIFFO: Last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 51.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1225, by Senator Robach, Senate Print 1696, an
18 act to amend the Penal Law.
19 ACTING PRESIDENT GRIFFO: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of
23 November.
24 ACTING PRESIDENT GRIFFO: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 54.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1229, by Senator Rath, Senate Print 2323, an
7 act to amend the Penal Law.
8 ACTING PRESIDENT GRIFFO: Last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the first of
12 November.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 54.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1253, by Senator Seward, Senate Print 805A, an
21 act to amend the Insurance Law.
22 ACTING PRESIDENT GRIFFO: Last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 54.
5 ACTING PRESIDENT GRIFFO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1347, by Senator Bonacic, Senate Print 669, an
9 acknowledgment to establish the Hudson School
10 of Math, Science and Engineering.
11 ACTING PRESIDENT GRIFFO: Last
12 section.
13 THE SECRETARY: Section 12. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Bonacic, to explain his vote.
20 SENATOR BONACIC: Thank you,
21 Mr. President.
22 Earlier this week we spoke about an
23 upstate/Hudson Valley economic development
24 plan. And what is happening in this state,
25 the Capital Region and the Hudson Valley is
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1 becoming a mecca for technology jobs. And we
2 spoke of IBM in Dutchess County, Sematech
3 right here in Albany. And that corridor in
4 between presents many opportunities, now and
5 in the future, for job creation.
6 This school that we want to
7 establish is a high school technology
8 cutting-edge school, run by BOCES. And I'm
9 pleased that it passed unanimously in this
10 house. Assemblyman Kevin Cahill is carrying
11 it in the other house.
12 But this is what we should be doing
13 throughout the state, in creating these
14 technology high schools where there are
15 opportunities for employers that deal with
16 emerging markets, capital investment, and
17 public/private partnerships with our education
18 facilities.
19 This is a win/win for jobs, it's a
20 win/win for our youth, and it's a win/win for
21 the future of economic vitality for the State
22 of New York. I vote yes.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Bonacic to be recorded in the affirmative.
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1 Announce the results.
2 THE SECRETARY: Ayes, 54. Nays,
3 0.
4 ACTING PRESIDENT GRIFFO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1369, by Senator Little, Senate Print 2941, an
8 act authorizing the payment.
9 ACTING PRESIDENT GRIFFO: Last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 54.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1370, by Senator Robach, Senate Print 3054A,
21 an act to amend the Civil Service Law and the
22 Education Law.
23 ACTING PRESIDENT GRIFFO: Read
24 the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect on the first of January
2 next succeeding.
3 ACTING PRESIDENT GRIFFO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 53. Nays,
7 1. Senator Padavan recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The
9 bill is passed.
10 That completes the noncontroversial
11 reading of the calendar, Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 if we could return to motions and resolutions,
14 there's a resolution at the desk, 2465, by
15 Senator Golden. If we could have the title
16 read.
17 ACTING PRESIDENT GRIFFO: Motions
18 and resolutions.
19 The Secretary will read.
20 THE SECRETARY: By Senator
21 Golden, Legislative Resolution Number 2465,
22 commending the United States Naval Special
23 Warfare Development Group for its valiant
24 military service by supporting the Global War
25 on Terror.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Golden.
3 SENATOR GOLDEN: Thank you,
4 Mr. President.
5 I rise to speak on this resolution
6 about an elite group, an elite force that is
7 in this great nation that goes around this
8 world and takes on the most serious of
9 obligations to protect our people, our
10 soldiers, our citizens in foreign lands and
11 here in this land.
12 Today we have the Navy Seals
13 operating here in the City of New York,
14 working with the New York City Police
15 Department in training.
16 We are today to pay special
17 recognition to the Naval Special Warfare
18 Development Group, which is their official
19 name. This elite Navy Seals team focuses on
20 cutting-edge technology as a means to combat
21 terrorism worldwide. They have developed and
22 evaluated new counterterrorism tactics which
23 are invaluable to the safety of our city, our
24 state and our nation.
25 The Naval Special Warfare
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1 Development Group recently worked with the
2 NYPD and are there this week sharing some of
3 their counterterrorism knowledge that they
4 have developed. There is little doubt that
5 their knowledge has imparted and has made all
6 of our lives a bit safer.
7 They will leave for Arizona at the
8 end of this week to further their training and
9 to assist those in Arizona in their training.
10 It is only fitting that we take a
11 moment today to thank these brave men and
12 women that are out there fighting for us day
13 to day, 24 hours, seven days a week, through
14 the nights, diving underneath our bridges,
15 diving into our waters, looking to make sure
16 that we are secure, that we are safe, and
17 doing counterterrorism across this great
18 nation.
19 So I'm going to open this up for
20 all of my colleagues if they would join me in
21 this -- I guess this greeting and thanking
22 America's elite.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: On the
25 resolution, all in favor signify by saying
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1 aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT GRIFFO: The
7 resolution is adopted.
8 And you may inquire at the desk if
9 you would like to be a cosponsor.
10 Senator Skelos.
11 SENATOR SKELOS: I think we've
12 completed the calendar.
13 There will be a meeting of the
14 Majority in the Majority Conference Room at
15 11:30, and then perhaps there will be a
16 meeting of the Rules Committee. So we'll
17 report a little bit later.
18 ACTING PRESIDENT GRIFFO: There
19 will be a meeting of the Majority conference
20 in the Majority Conference Room.
21 For clarification, on the
22 resolution, the resolution is open to
23 everyone. If you choose not to be on the
24 resolution, please indicate by approaching the
25 desk. Thank you.
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1 The Senate is at ease.
2 (Whereupon, the Senate stood at
3 ease at 11:29 a.m.)
4 ACTING PRESIDENT FARLEY: Senator
5 Skelos.
6 SENATOR SKELOS: Mr. President,
7 there will be an immediate meeting of the
8 Rules Committee in the Majority Conference
9 Room.
10 ACTING PRESIDENT FARLEY: There
11 will be an immediate meeting of the Rules
12 Committee in the Majority Conference Room.
13 The Senate will continue to stand
14 at ease.
15 (Whereupon, the Senate reconvened
16 at 12:22 p.m.)
17 ACTING PRESIDENT GRIFFO: Senator
18 Skelos.
19 SENATOR SKELOS: Mr. President,
20 if we could return to reports of standing
21 committees, there's a report of the Rules
22 Committee at the desk. I ask that it be read
23 at this time.
24 ACTING PRESIDENT GRIFFO: Reports
25 of standing committees.
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1 The Secretary will read.
2 THE SECRETARY: Senator Bruno,
3 from the Committee on Rules, reports the
4 following bills:
5 Senate Print 5908, by Senator
6 Wright, an act to amend the Energy Law;
7 And Senate Print 5952, by the
8 Senate Committee on Rules, an act to amend
9 Chapter 557 of the Laws of 2001.
10 Both bills ordered direct to third
11 reading.
12 SENATOR SKELOS: Move to accept
13 the report of the Rules Committee.
14 ACTING PRESIDENT GRIFFO: The
15 motion is to accept the report of the Rules
16 Committee. All in favor signify by saying
17 aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT GRIFFO:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT GRIFFO: The
23 report of the Rules Committee is accepted.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
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1 if you would call up Calendar 1440, Senate
2 Print 5908, that was just reported from the
3 Rules Committee.
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1440, by Senator Wright, Senate Print 5908, an
8 act to amend the Energy Law.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 12. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT GRIFFO: Senator
17 Wright, to explain his vote.
18 SENATOR WRIGHT: Thank you,
19 Mr. President.
20 I would encourage my colleagues to
21 support this bill today because there's a
22 critical need to increase the capacity for
23 electrical generation in this state that has
24 been well documented on numerous occasions.
25 What this bill specifically does
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1 provide a predictable, logical, consistent
2 process for the siting of those facilities.
3 Therefore, it's referred to as the siting
4 bill.
5 It is not a bill that incorporates
6 standards. It is not a bill that in any way
7 diminishes any of the existing air or water
8 quality standards enacted by the State of
9 New York or the federal government. In fact,
10 it specifically includes them.
11 It also further provides for
12 environmental justice standards that are
13 currently utilized by DEC and incorporated in
14 this statute. It further provides the siting
15 board to allow for mitigation of any defined
16 impacts. It does what it's supposed to do,
17 authorizes the Department of Health and the
18 Department of Environmental Conservation for
19 full participation in the process to meet
20 their public obligations to protect
21 environmental and public health.
22 I vote aye and encourage my
23 colleagues to do so.
24 ACTING PRESIDENT GRIFFO: Senator
25 Wright will be recorded in the affirmative.
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1 Senator Parker, to explain his
2 vote.
3 SENATOR PARKER: Thank you very
4 much, Mr. President.
5 You know, we are in a crisis
6 situation as relates to our environment as we
7 start thinking about alternative energy, as we
8 start thinking about what needs to happen in
9 our world, let alone our communities and the
10 great State of New York. Making sure that we
11 have clean, safe, reliable energy is at the
12 top of that agenda.
13 This bill helps us do that. And
14 let me congratulate Senator Wright for
15 bringing it forward and working so hard and
16 diligently on this bill for many years now.
17 Although a young man, he has put in a lot of
18 time working on this.
19 This bill is not a perfect bill,
20 but I think it does take us a long way to
21 where we need to go. We need to strengthen
22 the environmental justice language and have it
23 a little bit clearer. We need to make sure
24 that we have communities protected. We need
25 to make sure that we are keeping CO2 and
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1 particulate matter down.
2 This bill does some of that -- not
3 quite as far as we'd like to go, but I'm
4 hoping that in a conference committee that
5 we're going to be able to work out all those
6 details and have a bill that is not a perfect
7 bill but a good bill.
8 And so I'll be voting yes on this.
9 ACTING PRESIDENT GRIFFO: Senator
10 Parker will be recorded in the affirmative.
11 Senator Diaz, to explain his vote.
12 SENATOR DIAZ: Thank you,
13 Mr. President.
14 I rise to vote against this bill,
15 strongly oppose this bill, for the following
16 reasons.
17 Number one, I represent an area in
18 the Bronx called the South Bronx where we have
19 the highest rate of asthma, cancer and lung
20 disease in the nation. In that area, in that
21 area alone, we have, Mr. President, four
22 turbine plants, we have two power plants, we
23 have many waste transportation plants, and we
24 have many recycling stations.
25 You wonder why is it that that area
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1 has the highest asthma rate, deaths, and
2 cancer and lung disease. Under the Pataki
3 administration, they did something some tricky
4 things, you know. The law requested that a
5 plant of 80 megawatts was supposed to go
6 through a very strict scrutiny, but they
7 decided that they're going to make it 79.9.
8 Like that, they avoided the 80 megawatts. But
9 the plant was now 79.9 megawatts.
10 And what they did, they put -- in
11 our communities they put one plant,
12 79.9 megawatts, close to another plant,
13 79.9 megawatts. So in a region of one mile,
14 you cross the river to Queens, they got one in
15 Queens. So you cross the river, less than a
16 mile. So you've got now a plant with
17 159.8 megawatts.
18 So I understand that the state and
19 the city need more energy. But you know what
20 they did? Also they wanted to build 11
21 miniplants. And they went throughout the
22 state of New York, and they studied 61 sites
23 to build 11 miniplants. They went ahead and,
24 out of the 11 miniplants, they built seven of
25 them in minority areas, minority communities.
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1 Out of the 61 sites in the state they studied
2 to build 11 miniplants, out of the 11
3 miniplants they built seven in minority
4 communities, and four of the seven right in
5 the Bronx.
6 So while we understand that we need
7 energy, the bill should say or should mandate
8 that a plant should be built far away, several
9 miles away one from the other, and not
10 confront the case that we are confronting in
11 Queens, the Bronx and other areas.
12 So, ladies and gentlemen, I cannot
13 support this bill. The bill is detrimental to
14 our health, detrimental to our community. Our
15 communities are already carrying enough burden
16 of miniplants and all these things.
17 So I'm voting no, Mr. President.
18 And please be sure that my vote is in the no,
19 no, no line. Thank you.
20 ACTING PRESIDENT GRIFFO: Senator
21 Diaz to be recorded in the negative.
22 Announce the results.
23 THE SECRETARY: Those recorded in
24 the negative on Calendar Number 1440 are
25 Senators Connor, Diaz, Dilan, Gonzalez,
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1 Hassell-Thompson, L. Krueger, LaValle,
2 Leibell, Montgomery, Morahan, Oppenheimer,
3 Padavan, Perkins, Sabini, Schneiderman,
4 Serrano, Stavisky, Stewart-Cousins and
5 Thompson. Also Senator Saland.
6 Ayes, 39. Nays, 20.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 if we could now call up Calendar Number 1441.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 THE SECRETARY: In relation to
15 Calendar Number 1441, Senator Bruno moves to
16 discharge, from the Committee on Rules,
17 Assembly Bill Number 8695 and substitute it
18 for the identical Senate Bill Number 5952,
19 Third Reading Calendar 1441.
20 ACTING PRESIDENT GRIFFO:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1441, by Member of the Assembly Pheffer,
25 Assembly Print Number 8695, an act to amend
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1 Chapter 557 of the Laws of 2001.
2 ACTING PRESIDENT GRIFFO: Last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT GRIFFO: The
11 bill is passed.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 is there any further business at the desk?
15 ACTING PRESIDENT GRIFFO: We have
16 a motion.
17 Senator Fuschillo to be recognized
18 for a motion.
19 SENATOR FUSCHILLO: Mr.
20 President, thank you.
21 On behalf of Senator Padavan, on
22 page number 70 I offer the following
23 amendments to Calendar Number 1330, Senate
24 Print Number 4634, and ask that said bill
25 retain its place on Third Reading Calendar.
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1 ACTING PRESIDENT GRIFFO: The
2 amendments are received and adopted, and the
3 bill will retain its place on the Third
4 Reading Calendar.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 there being no further business to come before
8 the Senate, I move we stand adjourned until
9 Monday, June 4th, at 3:00 p.m., intervening
10 days being legislative days.
11 ACTING PRESIDENT GRIFFO: On
12 motion, the Senate stands adjourned until
13 Monday, June 4th, at 3:00 p.m., intervening
14 days being legislative days.
15 (Whereupon, at 12:33 p.m., the
16 Senate adjourned.)
17
18
19
20
21
22
23
24
25
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