Regular Session - June 21, 2007

                                                            5387



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 21, 2007

        11                      11:02 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR DAVID A. PATERSON, 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 that you please rise and join

         5       me as we recite the Pledge of Allegiance to

         6       our Flag.

         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 you bow your

        11       heads in 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, June 20, the Senate met pursuant to

        18       adjournment.  The Journal of Tuesday, June 19,

        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 Fuschillo.

         8                  SENATOR FUSCHILLO:    Mr.

         9       President, on behalf of Senator Libous, I wish

        10       to call up Senate Print Number 6300, recalled

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

        12                  ACTING PRESIDENT GRIFFO:    The

        13       Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1948, by Senator Libous, Senate Print 6300, an

        16       act to amend Chapter 549 of the Laws of 1994.

        17                  SENATOR FUSCHILLO:    I now move to

        18       reconsider the vote by which the bill was

        19       passed.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll on reconsideration.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 39.

        24                  SENATOR FUSCHILLO:    Mr.

        25       President, I ask that the bill be restored to


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         1       the order of third reading.

         2                  ACTING PRESIDENT GRIFFO:    So

         3       ordered.  The bill will retain its place on

         4       the Third Reading Calendar.

         5                  SENATOR FUSCHILLO:    Are there any

         6       substitutions at the desk?

         7                  ACTING PRESIDENT GRIFFO:    Yes,

         8       there are substitutions at the desk.

         9                  The Secretary will read.

        10                  THE SECRETARY:    On page 4,

        11       Senator Trunzo moves to discharge, from the

        12       Committee on Rules, Assembly Bill Number 5963A

        13       and substitute it for the identical Senate

        14       Bill Number 1262A, Third Reading Calendar 71.

        15                  On page 6, Senator Robach moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 5984A and substitute it

        18       for the identical Senate Bill Number 3071A,

        19       Third Reading Calendar 216.

        20                  On page 8, Senator Seward moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 9035 and substitute it

        23       for the identical Senate Bill Number 806A,

        24       Third Reading Calendar 307.

        25                  On page 9, Senator Maziarz moves to


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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 5036A and substitute it

         3       for the identical Senate Bill Number 255A,

         4       Third Reading Calendar 317.

         5                  On page 9, Senator Fuschillo moves

         6       to discharge, from the Committee on Rules,

         7       Assembly Bill Number 8971 and substitute it

         8       for the identical Senate Bill Number 3555A,

         9       Third Reading Calendar 340.

        10                  On page 17, Senator Padavan moves

        11       to discharge, from the Committee on Rules,

        12       Assembly Bill Number 6247A and substitute it

        13       for the identical Senate Bill Number 3420A,

        14       Third Reading Calendar 628.

        15                  On page 18, Senator Young moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 7543A and substitute it

        18       for the identical Senate Bill Number 4334A,

        19       Third Reading Calendar 717.

        20                  On page 21, Senator LaValle moves

        21       to discharge, from the Committee on Rules,

        22       Assembly Bill Number 7778 and substitute it

        23       for the identical Senate Bill Number 4395,

        24       Third Reading Calendar 826.

        25                  On page 22, Senator Lanza moves to


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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 8329A and substitute it

         3       for the identical Senate Bill Number 4260A,

         4       Third Reading Calendar 837.

         5                  On page 22, Senator DeFrancisco

         6       moves to discharge, from the Committee on

         7       Rules, Assembly Bill Number 8692C and

         8       substitute it for the identical Senate Bill

         9       Number 4878B, Third Reading Calendar 842.

        10                  On page 29, Senator DeFrancisco

        11       moves to discharge, from the Committee on

        12       Rules, Assembly Bill Number 7329A and

        13       substitute it for the identical Senate Bill

        14       Number 4877A, Third Reading Calendar 1118.

        15                  On page 39, Senator Stewart-Cousins

        16       moves to discharge, from the Committee on

        17       Rules, Assembly Bill Number 6964 and

        18       substitute it for the identical Senate Bill

        19       Number 4135, Third Reading Calendar 1409.

        20                  On page 42, Senator Rath moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 7808A and substitute it

        23       for the identical Senate Bill Number 5286A,

        24       Third Reading Calendar 1721.

        25                  On page 43, Senator Valesky moves


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         1       to discharge, from the Committee on

         2       Investigations and Government Operations,

         3       Assembly Bill Number 7143 and substitute it

         4       for the identical Senate Bill Number 4318,

         5       Third Reading Calendar 1742.

         6                  On page 43, Senator Nozzolio moves

         7       to discharge, from the Committee on Rules,

         8       Assembly Bill Number 3397B and substitute it

         9       for the identical Senate Bill Number 705B,

        10       Third Reading Calendar 1770.

        11                  On page 43, Senator Stavisky moves

        12       to discharge, from the Committee on Codes,

        13       Assembly Bill Number 463 and substitute it for

        14       the identical Senate Bill Number 2663, Third

        15       Reading Calendar 1802.

        16                  On page 44, Senator Winner moves to

        17       discharge, from the Committee on Rules,

        18       Assembly Bill Number 9145 and substitute it

        19       for the identical Senate Bill Number 6220,

        20       Third Reading Calendar 1889.

        21                  On page 45, Senator Padavan moves

        22       to discharge, from the Committee on Rules,

        23       Assembly Bill Number 8966A and substitute it

        24       for the identical Senate Bill Number 6209A,

        25       Third Reading Calendar 1924.


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         1                  On page 48, Senator Maltese moves

         2       to discharge, from the Committee on Rules,

         3       Assembly Bill Number 4051A and substitute it

         4       for the identical Senate Bill Number 298A,

         5       Third Reading Calendar 2004.

         6                  On page 49, Senator Fuschillo moves

         7       to discharge, from the Committee on Rules,

         8       Assembly Bill Number 4691A and substitute it

         9       for the identical Senate Bill Number 3583A,

        10       Third Reading Calendar 2008.

        11                  On page 49, Senator Hannon moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 7676 and substitute it

        14       for the identical Senate Bill Number 4518,

        15       Third Reading Calendar 2013.

        16                  On page 49, Senator Golden moves to

        17       discharge, from the Committee on Rules,

        18       Assembly Bill Number 5177 and substitute it

        19       for the identical Senate Bill Number 4531,

        20       Third Reading Calendar 2014.

        21                  On page 50, Senator Alesi moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 8077 and substitute it

        24       for the identical Senate Bill Number 5784,

        25       Third Reading Calendar 2018.


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         1                  And on page 50, Senator Leibell

         2       moves to discharge, from the Committee on

         3       Rules, Assembly Bill Number 9052 and

         4       substitute it for the identical Senate Bill

         5       Number 6240, Third Reading Calendar 2022.

         6                  ACTING PRESIDENT GRIFFO:

         7       Substitutions ordered.

         8                  Senator Fuschillo.

         9                  SENATOR FUSCHILLO:    Mr.

        10       President, I believe there's a resolution by

        11       Senator Bruno at the desk.  At this time may

        12       we please have the title read only.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       Secretary will read.

        15                  I would ask, again, the chamber to

        16       please come to order.

        17                  The Secretary will read.

        18                  THE SECRETARY:    By Senators Bruno

        19       and Breslin, Legislative Resolution Number

        20       3072, commending Albany Medical Center upon

        21       the occasion of its designation as recipient

        22       of the 2007 Pinnacle Award for Quality

        23       Improvement by the Healthcare Association of

        24       New York State.

        25                  ACTING PRESIDENT GRIFFO:    On the


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         1       resolution, all in favor signify by saying

         2       aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT GRIFFO:

         5       Opposed, nay.

         6                  (No response.)

         7                  ACTING PRESIDENT GRIFFO:     The

         8       resolution is adopted.

         9                  Senator Fuschillo.

        10                  SENATOR FUSCHILLO:    Mr.

        11       President, may we please have the

        12       noncontroversial reading of the calendar at

        13       this time.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       67, by Senator Volker, Senate Print 1263B, 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, 44.

         3                  ACTING PRESIDENT GRIFFO:     The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       71, substituted earlier by Member of the

         7       Assembly Abbate, Assembly Print Number 5963A,

         8       an act to amend the Retirement and Social

         9       Security Law.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last 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, 46.

        18                  ACTING PRESIDENT GRIFFO:     The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       82, by Senator Fuschillo, Senate Print 1537A,

        22       an act to amend the Labor 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 one year after it shall

         2       have become a law.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 46.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       102, by Senator Maziarz, Senate Print 105A, an

        11       act to amend the General Business Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the first of April.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 46.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       216, substituted earlier by Member of the

        24       Assembly Abbate, Assembly Print Number 5984A,

        25       an act to amend the Civil Service Law.


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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       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, 46.

         9                  ACTING PRESIDENT GRIFFO:     The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       277, by Senator Rath, Senate Print 1671, an

        13       act to amend the Tax Law.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 48.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       307, substituted earlier by Member of the


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         1       Assembly Morelle, Assembly Print Number 9035,

         2       an act to amend Chapter 340 of the Laws of

         3       2005 amending the Insurance Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 48.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       317, substituted earlier today by Member of

        16       the Assembly Weisenberg, Assembly Print Number

        17       5036A, an act to amend the Penal Law and the

        18       Agriculture and Markets Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect on the first of

        23       November.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.


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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 48.

         3                  ACTING PRESIDENT GRIFFO:     The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       340, substituted earlier today by Member of

         7       the Assembly Hevesi, Assembly Print Number

         8       8971, an act to amend the General Business Law

         9       and others.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last 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, 50.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       611, by Senator Larkin, Senate Print 2893, an

        22       act to amend the Tax Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This


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         1       act shall take effect on the first of April.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 49.  Nays,

         6       1.  Senator Duane recorded in the negative.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       613, by Senator Larkin, Senate Print 4059A, an

        11       act to amend the Racing, Parimutuel Wagering

        12       and Breeding Law.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last 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, 49.  Nays,

        21       1.  Senator Duane recorded in the negative.

        22                  ACTING PRESIDENT GRIFFO:     The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       628, substituted earlier today by Member of


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         1       the Assembly Weprin, Assembly Print Number

         2       6247A, an act to amend the General Business

         3       Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the 60th day.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 50.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       670, by Senator Saland, Senate Print 3577A, an

        16       act to amend the Education Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  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, 50.

        25                  ACTING PRESIDENT GRIFFO:    The


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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       717, substituted earlier today by Member of

         4       the Assembly Magee, Assembly Print Number

         5       7543A, an act to amend the Agriculture and

         6       Markets Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last 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, 52.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       738, by Senator C. Kruger, Senate Print 4838A,

        19       an act to amend the Family Court Act and

        20       others.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 11.  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, 52.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       767, by Senator Padavan, Senate Print 1844, an

         8       act to amend the Vehicle and Traffic Law and

         9       the Administrative Code of the City of

        10       New York.

        11                  ACTING PRESIDENT GRIFFO:    There

        12       is a local fiscal impact note at the desk.

        13                  Read the last 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, 52.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       826, substituted earlier today by Member of

        24       the Assembly Canestrari, Assembly Print Number

        25       7778, an act to amend the Education Law.


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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 90th day.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 52.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       837, substituted earlier today by Member of

        13       the Assembly Ortiz, Assembly Print Number

        14       8329A, an act to amend the Lien Law.

        15                  ACTING PRESIDENT GRIFFO:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect on the 90th day.

        19                  ACTING PRESIDENT GRIFFO:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 52.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       842, substituted earlier today by Member of

         2       the Assembly Weinstein, Assembly Print Number

         3       8692C, an act to amend the Court of Claims

         4       Act.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       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, 52.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       866, by Senator Alesi, Senate Print 961A, an

        17       act to amend the General Business Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the first of January.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 52.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1018, by Senator Seward, Senate Print 3150A,

         5       an act to amend the Tax Law.

         6                  ACTING PRESIDENT GRIFFO:    There

         7       is a local fiscal impact note at the desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the 60th day.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 53.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1065, by Senator Skelos, Senate Print 4383C,

        19       an act to amend the Penal Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  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, 53.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1078, by Senator Seward, Senate Print 4790A,

         7       an act in relation to transportation

         8       contracts.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 3.  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, 53.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1118, substituted earlier today by Member of

        21       the Assembly Weinstein, Assembly Print Number

        22       7329A, an act to amend the Domestic Relations

        23       Law and others.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 6.  This

         2       act shall take effect on the 30th day.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 53.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1200, by Senator Marcellino, Senate Print

        11       4833A, an act to amend the Environmental

        12       Conservation Law.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last 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, 53.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1250, by Senator Fuschillo, Senate Print

        25       5780A, an act to amend the Penal Law and the


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         1       Vehicle and Traffic Law.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 6.  This

         5       act shall take effect on the 60th day.

         6                  ACTING PRESIDENT GRIFFO:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 53.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1276, by Senator Farley, Senate Print 5288B,

        14       an act to authorize the Town of Caroga.

        15                  ACTING PRESIDENT GRIFFO:    There

        16       is a home rule message at the desk.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 7.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 53.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       1279, by Senator Morahan, Senate Print 4475A,

         3       an act to amend the Mental Hygiene Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 11.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 53.

        12                  ACTING PRESIDENT GRIFFO:     The

        13       bill is passed.

        14                  THE SECRETARY:     Calendar Number

        15       1326, by Senator C. Kruger, Senate Print

        16       4542A, an act to amend the Family Court Act

        17       and the Criminal Procedure Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 3.  This

        21       act shall take effect on the 90th day.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 53.


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         1                  ACTING PRESIDENT GRIFFO:     The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1397, by Senator Saland, Senate Print 5752A,

         5       an act to amend the Retirement and Social

         6       Security Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 6.  This

        10       act shall take effect on the first of

        11       September.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 53.

        16                  ACTING PRESIDENT GRIFFO:     The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1409, substituted earlier today by Member of

        20       the Assembly Pretlow, Assembly Print Number

        21       6964, an act to amend the Tax Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last 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, 53.

         5                  ACTING PRESIDENT GRIFFO:     The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1485, by Senator Lanza, Senate Print 1325B, an

         9       act to amend the Judiciary Law.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last 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, 53.

        18                  ACTING PRESIDENT GRIFFO:     The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1488, by Senator Fuschillo, Senate Print

        22       5517A, an act to amend the Penal Law and the

        23       Vehicle and Traffic Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 11.  This

         2       act shall take effect on the first of

         3       November.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 53.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1544, by Senator Young, Senate Print 5995A, an

        12       act to authorize the conveyance of certain

        13       lands.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 4.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 53.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1565, by Senator Nozzolio, Senate Print 4811A,


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         1       an act to amend the General Municipal Law.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last 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, 52.  Nays,

        10       1.  Senator Duane recorded in the negative.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  Senator Morahan.

        14                  The Secretary will reannounce the

        15       results on 1565.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 1565 are

        18       Senators Duane and Morahan.

        19                  Ayes, 51.  Nays, 2.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1569, by Senator Golden, Senate Print 5729A,

        24       an act to amend the Penal Law.

        25                  SENATOR DUANE:    Lay it aside,


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         1       please.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       1635, by Senator Nozzolio, Senate Print 5037B,

         6       an act to amend the Penal Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 7.  This

        10       act shall take effect on the first of

        11       November.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  SENATOR MORAHAN:    Mr. President.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Morahan, why do you rise?

        18                  SENATOR MORAHAN:    Which calendar

        19       number are we on?

        20                  ACTING PRESIDENT GRIFFO:    We are

        21       currently on 1635.  The sponsor is Senator

        22       Nozzolio.

        23                  SENATOR MORAHAN:    Mr. President.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Morahan.


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         1                  SENATOR MORAHAN:    On 1565 I voted

         2       no, I believe.  I'm sorry, is it 1565?

         3                  ACTING PRESIDENT GRIFFO:    On 1565

         4       you were cast in the negative, Senator

         5       Morahan.

         6                  SENATOR MORAHAN:    Can that be

         7       corrected?

         8                  ACTING PRESIDENT GRIFFO:

         9       Senator, the rules of the house would not

        10       provide for that.

        11                  SENATOR MORAHAN:    Thank you.

        12                  ACTING PRESIDENT GRIFFO:    Thank

        13       you, Senator Morahan.

        14                  THE SECRETARY:    Those recorded in

        15       the negative on Calendar Number 1635 are

        16       Senators Duane, Gonzalez, Hassell-Thompson,

        17       L. Krueger, LaValle, Montgomery, Morahan,

        18       Parker, Sabini and Serrano.  Also Senator

        19       Perkins.

        20                  Ayes, 43.  Nays, 11.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1673, by Senator Stachowski, Senate Print

        25       5746B, an act to authorize the Town of


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         1       Cheektowaga.

         2                  ACTING PRESIDENT GRIFFO:    There

         3       is a home-rule message at the desk.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 4.  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, 56.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1685, by Senator Volker, Senate Print 6081A,

        15       an act to authorize the transfer of certain

        16       funds.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  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, 56.

        25                  ACTING PRESIDENT GRIFFO:     The


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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1697, by Senator Nozzolio, Senate Print 5012A,

         4       an act to amend the Penal Law.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect on the first of

         9       November.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 56.

        14                  ACTING PRESIDENT GRIFFO:     The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1719, by Senator Lanza, Senate Print 4922A, an

        18       act to amend the Vehicle and Traffic Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect on the 90th day.

        23                  ACTING PRESIDENT GRIFFO:    Call

        24       the roll.

        25                  (The Secretary called the roll.)


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         1                  THE SECRETARY:    Ayes, 56.

         2                  ACTING PRESIDENT GRIFFO:     The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1721, substituted earlier today by Member of

         6       the Assembly Hayes, Assembly Print Number

         7       7808A, an act to amend the Real Property Tax

         8       Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last 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, 56.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1725, by Senator Saland, Senate Print 5672A,

        21       an act to amend the Education Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 5.  This

        25       act shall take effect on the 180th day.


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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 56.

         5                  ACTING PRESIDENT GRIFFO:     The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1727, by Senator Lanza, Senate Print 5973B, an

         9       act to amend the Education Law.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last 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, 56.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1742, substituted earlier today by Member of

        22       the Assembly Magee, Assembly Print Number

        23       7143, an act to amend the Tax Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 56.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1770, substituted earlier today by Member of

        11       the Assembly Aubry, Assembly Print Number

        12       3397B, an act to amend the Correction Law.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect April 1, 2008.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1802, substituted earlier today by Member of

        25       the Assembly Dinowitz, Assembly Print Number


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         1       463, an act to amend the Penal Law and the

         2       Correction Law.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 5.  This

         6       act shall take effect on the 90th day.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 57.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1808, by Senator Marcellino, Senate Print

        15       5427A, an act to amend the Environmental

        16       Conservation Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the 90th day.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 57.

        25                  ACTING PRESIDENT GRIFFO:    The


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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1825, by Senator Golden, Senate Print 6112A,

         4       an act to amend the Retirement and Social

         5       Security Law.

         6                  ACTING PRESIDENT GRIFFO:    Read

         7       the last 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, 57.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1834, by Senator Alesi, Senate Print 272, an

        18       act to amend the Social Services 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, 57.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1844, by Senator Wright, Senate Print 4261A,

         7       an act to amend Chapter 519 of the Laws of

         8       1999.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last 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, 57.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1845, by Senator Young, Senate Print 4333A, an

        21       act to amend the Agriculture and Markets Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  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, 57.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1880, by Senator Seward, Senate Print 6164, an

         9       act to amend the Education Law.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  SENATOR FUSCHILLO:    Mr.

        18       President, lay the bill aside for the day,

        19       please.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is laid aside for the day.

        22                  THE SECRETARY:    Calendar Number

        23       1882, by Senator Wright, Senate Print 6176A,

        24       an act to amend the General Business Law.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last section.

         2                  SENATOR DUANE:    Lay it aside,

         3       please.

         4                  ACTING PRESIDENT GRIFFO:    Lay it

         5       aside.

         6                  THE SECRETARY:    Calendar Number

         7       1889, substituted earlier today by Member of

         8       the Assembly Schimminger, Assembly Print

         9       Number 9145, an act to amend Chapter 192 of

        10       the Laws of 2003.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  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, 57.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1890, by Senator Volker, Senate Print 6221, an

        23       act to amend the Alcoholic Beverage Control

        24       Law.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last 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, 57.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1904, by Senator Volker, Senate Print 3175A,

        12       an act to amend the Social Services Law and

        13       the Family Court Act.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 5.  This

        17       act shall take effect January 1, 2009.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 57.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1914, by the Senate --


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                                                        5430



         1                  SENATOR FUSCHILLO:    Lay it aside

         2       temporarily.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is laid aside temporarily.

         5                  THE SECRETARY:    Calendar Number

         6       1920, by Senator Leibell, Senate Print 6156A,

         7       an act to amend the Retirement and Social

         8       Security Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 5.  This

        12       act shall take effect on the first of January.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 57.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1924, substituted earlier today by Member of

        21       the Assembly Rosenthal, Assembly Print Number

        22       8966A, an act to amend the General Business

        23       Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the 90th day.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 57.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1952, by Senator Leibell, Senate Print 6310,

        11       an act to amend the Domestic Relations Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the same date as a

        16       chapter of the Laws of 2007.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 58.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1953, by Senator Skelos, Senate Print 6321, an

        25       act to amend the Arts and Cultural Affairs


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         1       Law.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 13.  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, 58.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1954, by the Senate Committee on Rules, Senate

        14       Print 6322, an act authorizing Victor T. Greco

        15       to file.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 4.  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, 58.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       1955, by Senator Griffo, Senate Print 6324, an

         3       act to amend the Civil Service Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 24.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 58.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1956, by Senator DeFrancisco, Senate Print

        16       6358, an act to amend the State Finance Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       DeFrancisco, to explain his vote.


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         1                  SENATOR DeFRANCISCO:    Yes, I just

         2       want to explain this bill.

         3                  Several years ago there was a

         4       change in the process for providing

         5       information to the general public about how

         6       expenditures were done in the State

         7       Legislature.  And the whole concept was that

         8       we should be open, an open government that

         9       provides information to the public, freely

        10       accessible to them.

        11                  This opens that same government in

        12       different branches, however, providing the

        13       same requirements of the judiciary branch of

        14       government as well as the executive branch,

        15       its agencies and authorities.

        16                  So this is another good bill for

        17       open and good government that I'm happy to

        18       vote yes for today.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       DeFrancisco to be recorded in the affirmative.

        21                  Announce the results.

        22                  THE SECRETARY:    Ayes, 58.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       1959, by Senator Nozzolio, Senate Print 703C,

         2       an act to amend the Penal Law.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 58.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1962, by Senator O. Johnson, Senate Print

        16       2138A, an act to amend the Retirement and

        17       Social Security Law and the Military Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 3.  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, 58.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1970, by Senator Farley, Senate Print 4392B,

         5       an act to amend the Banking Law.

         6                  ACTING PRESIDENT GRIFFO:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 6.  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, 58.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1974, by Senator C. Kruger, Senate Print

        18       5142A, an act to amend the Family Court Act

        19       and the Social Services Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 17.  This

        23       act shall take effect on the 90th day.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.


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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 58.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1976, by Senator Farley, Senate Print 5618A,

         7       an act to amend the Banking Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the 60th day.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 58.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1980, by Senator Nozzolio, Senate Print 6066A,

        20       an act to amend the General Municipal Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last 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, 58.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1985, by Senator Libous, Senate Print 6254A,

         8       an act to amend the Vehicle and Traffic Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last 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, 58.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1993, by Senator Nozzolio, Senate Print 6313,

        21       an act to amend the Correction Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the same date and in


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         1       the same manner as a chapter of the Laws of

         2       2007.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 58.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1994, by Senator Maziarz, Senate Print 6328,

        11       an act to amend Part B of Chapter 57 of the

        12       Laws of 2007.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last 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, 58.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1995, by the Senate Committee on Rules, Senate

        25       Print 6329, an act to authorize the Town of


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         1       Malta.

         2                  ACTING PRESIDENT GRIFFO:    There

         3       is a home-rule message at the desk.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 4.  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, 58.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1996, by Senator Larkin, Senate Print 6332, an

        15       act to amend the Penal Law.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 11th of November.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 58.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       1997, by Senator Fuschillo --

         3                  SENATOR FUSCHILLO:    Lay the bill

         4       aside temporarily.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is laid aside temporarily.

         7                  THE SECRETARY:    Calendar Number

         8       1998, by Senator Fuschillo, Senate Print 6345,

         9       an act to amend Chapter 33 of the Laws of 2002

        10       relating to authorizing.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 4.  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:

        19       Senator Hassell-Thompson, to explain her vote.

        20                  SENATOR HASSELL-THOMPSON:    Yeah,

        21       thank you, Mr. President.

        22                  Five years ago Senator Fuschillo

        23       brought before this body a proposal for the

        24       state to take over Roosevelt School District

        25       because of the seriousness of the problems


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         1       that existed there.

         2                  I voted against the bill, and I

         3       spoke on this floor as to my reasons why I did

         4       not believe that letting the state take over

         5       the administration of this district was going

         6       to be in best interests of children and that

         7       district.

         8                  In conversations with Senator

         9       Fuschillo when this bill came back to the

        10       floor, we have shared the fact that many of my

        11       concerns have in fact been realized.

        12                  I'm going to support this bill,

        13       however, because I recognize that Roosevelt

        14       has recognized the mistakes that it made and

        15       that the state cannot be allowed to, by

        16       itself, be responsible for the administration

        17       of our districts because of the way in which

        18       they don't have the enforcement power and they

        19       don't exercise the monitoring power that's

        20       necessary to ensure that the number-one

        21       criterion is that our children are learning.

        22                  They have taken remedial remedies

        23       to correct many of the problems that exist.

        24       And I would like to hope, Senator Fuschillo,

        25       that your commitment that you made to me in


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         1       support of this bill and to the children of

         2       the Roosevelt district are very real.  Because

         3       we are responding and have spent an inordinate

         4       amount of money attempting to educate our

         5       children, and we're allowing administrations

         6       to squander that money and not be able to give

         7       us the kind of results that are important to

         8       the children of the State of New York.

         9                  So I do support this bill, and I do

        10       support your efforts.  And thank you for your

        11       commitment to make sure that the children of

        12       Roosevelt get a better shake this time.

        13                  Thank you.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Hassell-Thompson will be recorded in the

        16       affirmative.

        17                  Senator Fuschillo.

        18                  SENATOR FUSCHILLO:    Let me first

        19       thank Senator Hassell-Thompson for her

        20       support.  She's right, Mr. President.

        21                  ACTING PRESIDENT GRIFFO:    Can we

        22       have some order, please.

        23                  SENATOR FUSCHILLO:    She's right.

        24       The Commissioner of Education failed in his

        25       responsibility and his oversight of the


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         1       Roosevelt School District.  I've called for

         2       his resignation.  And I hope upon his

         3       successful return to his office that the Board

         4       of Regents has a discussion with him and it's

         5       time for him to leave as the Commissioner of

         6       Education of the State of New York.

         7                  The superintendent that the

         8       commissioner put in failed the school as well,

         9       and I called for his resignation as well.  And

        10       effective June 30th of this year, he's gone.

        11                  And those are steps in the right

        12       direction.  But what I face right now is

        13       bankruptcy in the school district or taking

        14       care of 3100 kids that deserve a quality

        15       education.  I go with the kids.  And that's

        16       what this bill does.

        17                  One of the measures that we add as

        18       additional oversight is we bring in the State

        19       Comptroller, Comptroller Tom DiNapoli, to be

        20       part of the fiscal oversight of the school

        21       district.  And as I explained to Senator

        22       Hassell-Thompson in our discussion, there's a

        23       real-time order.  And that's the first time in

        24       any school district where the Comptroller will

        25       be involved on a daily basis.


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         1                  It's a difficult decision.  It was

         2       five years ago; it's a difficult decision

         3       right now.  But I'm not going to give up on

         4       the school district.  I'm not going to let

         5       these kids, another generation, go through the

         6       high school district of Roosevelt Union Free

         7       School District and fail.

         8                  Has it met with the acceptance of

         9       everybody in the community?  No, it's not.

        10       Because they feel, as I feel, since the

        11       Education Department took over this school

        12       district, they failed, they should be burdened

        13       with the responsibility of taking it back and

        14       putting back the finances.

        15                  And the bill that I laid aside

        16       previously was introduced by my colleague in

        17       the Assembly, Assemblywoman Hooper, that would

        18       take the money out of the Education

        19       Department.  But because of the Silver lawsuit

        20       many years ago, and the Court of Appeals made

        21       a decision, we can't do that.  The Department

        22       of Budget has ruled that that's

        23       unconstitutional.

        24                  So I have to do what as a

        25       legislator I feel is the responsible thing to


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         1       do, advance the payments to the school

         2       district, give it greater oversight if the

         3       Comptroller's office is doing it, and don't

         4       allow it to go bankrupt but support the

         5       children, the 3,100 children that are part of

         6       that school district.

         7                  I'll be voting in the affirmative.

         8       Thank you, Mr. President.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Fuschillo will be recorded in the affirmative.

        11                  Senator LaValle, to explain his

        12       vote.

        13                  SENATOR LaVALLE:    Thank you,

        14       Mr. President.

        15                  I rise to support Senator

        16       Fuschillo, who has done a yeoman's job.  And

        17       his commitment has been unwavering to the

        18       children in that community.  And it's great to

        19       hear a legislator get up and tell everyone

        20       over and over again that his sole focus is the

        21       children and the fact that they have all the

        22       opportunities to get an education so they can

        23       be all that they can be.

        24                  In this case it's the adults that

        25       really have failed the children.  Senator


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         1       Fuschillo talked about the commissioner and

         2       the Board of Regents, who oversees the school

         3       districts and the operation of the State

         4       Education Department.  That should not have

         5       happened.

         6                  But also we need to do a better job

         7       in ensuring that there is greater disclosure,

         8       greater transparency in what goes on in our

         9       school districts.  Because ultimately the

        10       greatest protection of the people in that

        11       community, if they have the right information,

        12       they are armed with the facts, they will be

        13       engaged and make sure that what happened with

        14       poor administrative work at the local level

        15       and not proper oversight at the State

        16       Education Department level would never happen.

        17                  Senator Fuschillo, the children of

        18       that district are appreciative for what you

        19       have done.  And I vote in the affirmative,

        20       Mr. President.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       LaValle to be recorded in the affirmative.

        23                  Senator Marcellino, to explain his

        24       vote.

        25                  SENATOR MARCELLINO:    Thank you,


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         1       Mr. President.

         2                  I also rise to congratulate my

         3       colleague Senator Fuschillo for taking on a

         4       task that is really very difficult.  He's

         5       walking a political tightrope, treading a line

         6       between all kinds of factions -- within the

         7       community, outside the community, State Ed,

         8       Board of Regents.

         9                  Senator LaValle just said it; he's

        10       absolutely correct.  The adults have failed

        11       the children of the Roosevelt School District.

        12       State Ed has been responsible for the

        13       governance of that district, and they have

        14       failed miserably in their efforts.

        15                  They have to go back into that

        16       district and take another hard look, work with

        17       the community, work with the superintendent

        18       that is there now, and work with Senator

        19       Fuschillo and the other elected officials who

        20       want to do the right thing.

        21                  There are 3100 good reasons for us

        22       to not lose sight of what's going on in that

        23       school district, and that's the children who

        24       deserve a quality education.  That is one of

        25       our paramount responsibilities.


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         1                  State Ed has failed miserably, and

         2       the Board of Regents has to step in and make

         3       sure that that failure is not continued and is

         4       not allowed to happen again in any other

         5       school district in this state.

         6                  It is about time the Regents of

         7       this state took their job seriously.  It is

         8       not just a ceremonial position.  It is not

         9       just a title.  They have a responsibility to

        10       the children.  They are the state school

        11       board.  They have to start acting like a

        12       school district, they have to start acting

        13       like responsible parents and take on that job.

        14       It's not always easy, and it's not always

        15       pleasant.  But they owe it to those children,

        16       they owe it to the children of the State of

        17       New York.

        18                  I intend to vote aye on this bill,

        19       Mr. President.  And again, I congratulate my

        20       colleague Senator Fuschillo.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Marcellino will be recorded in the

        23       affirmative.

        24                  Senator Saland.

        25                  SENATOR SALAND:    Thank you,


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         1       Mr. President.

         2                  Mr. President, I rise to commend

         3       Senator Fuschillo.  Over the course of the

         4       five years that I've served as the chair of

         5       the Senate Education Committee, time and again

         6       he has engaged me on the issue of Roosevelt

         7       and the problems of the Roosevelt School

         8       District.

         9                  He's approached this issue with

        10       great energy, with tenacity, and always with

        11       the best of good faith, with but one purpose

        12       in mind:  how is it that he could best serve

        13       the educational well-being of the students of

        14       that district.

        15                  I can tell you that on each and

        16       every occasion when I've engaged the

        17       Commissioner of Education on the issue of

        18       Roosevelt, I have left him with but one

        19       concluding message.  Unless Senator Fuschillo

        20       is part and parcel of resolving this issue,

        21       unless he, who is really on the ground where

        22       this issue is percolating, is satisfied that

        23       it's in the best interests and the needs of

        24       the students of that district, there is little

        25       or nothing that I would do that would in any


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         1       way, shape or form not be in lockstep with

         2       Senator Fuschillo.

         3                  I commend him for his constant and

         4       ongoing commitment.  He has truly been

         5       absolutely extraordinary in his willingness to

         6       do battle not only on the home front, but here

         7       in Albany, on behalf of 3,000-plus young

         8       people whose education is imperiled because of

         9       things well beyond their ability to control.

        10                  I vote in the affirmative and again

        11       would commend Senator Fuschillo to absolutely

        12       any end for what he has done to date.  And I'm

        13       sure when this finally does resolve, he will

        14       get the credit universally that he well

        15       deserves.

        16                  Thank you.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Saland to be recorded in the affirmative.

        19                  Announce the results.

        20                  THE SECRETARY:    Ayes, 58.  Nays

        21       0.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       2000, by Senator Lanza, Senate Print 6352, an


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         1       act to amend the Correction Law and the

         2       Criminal Procedure Law.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 4.  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, 58.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       2001, by Senator Lanza, Senate Print 6355, an

        15       act to amend the Civil Practice Law and Rules.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last 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, 58.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       2004, substituted earlier today by Member of

         3       the Assembly J. Rivera, Assembly Print Number

         4       4051A, an act to amend the Public Health Law.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       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                  ACTING PRESIDENT GRIFFO:    Senator

        13       C. Johnson, to explain his vote.

        14                  SENATOR CRAIG JOHNSON:    Thank you

        15       very much, Mr. President.

        16                  I rise and I will be voting in the

        17       affirmative on this measure.  I first want to

        18       thank and congratulate Senator Maltese for

        19       sponsoring this initiative, and his leadership

        20       on this issue.

        21                  What we have before us today is a

        22       bill that's going to address a growing problem

        23       in New York State, and that's helping kids

        24       deal with food allergies and food allergy

        25       problems that we see in our schools.  It's a


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         1       problem that, as a member of the Nassau County

         2       Legislature, I worked with a number of these

         3       groups to help push Nassau County to establish

         4       guidelines for the school districts.

         5                  And I'm happy to support this

         6       initiative here in the Senate and see the

         7       Assembly pass it.  That's going to address it

         8       on a statewide basis.

         9                  I want to congratulate the advocate

        10       groups that have been pushing this -- the Food

        11       Allergy Initiative and the Allergy and

        12       Anaphylactic Network -- for their tireless

        13       efforts in pushing this bill.

        14                  And I want to congratulate two of

        15       my younger constituents, Maya Konoff and Tyler

        16       Bromberg, two young children, elementary

        17       schoolchildren, who have been tireless

        18       advocates not only up here in New York State

        19       but in Washington, D.C., to bring to light the

        20       problems they face in having food allergies

        21       and dealing with the issues in school.

        22                  So again, I want to congratulate

        23       Senator Maltese on the passage of this bill,

        24       and for his leadership.  Thank you very much,

        25       and I will be voting yes.


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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Craig Johnson will be recorded in the

         3       affirmative.

         4                  Announce the results.

         5                  THE SECRETARY:    Ayes, 58.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       2006, by Senator O. Johnson, Senate Print --

        10                  SENATOR DUANE:    Lay it aside,

        11       please.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       2007, by Senator Fuschillo, Senate Print

        16       1533A, an act to amend the Penal Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 6.  This

        20       act shall take effect on the first of

        21       November.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Those recorded in


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         1       the negative on Calendar Number 2007 are

         2       Senators Adams, Gonzalez, Hassell-Thompson,

         3       Montgomery and Thompson.

         4                  Ayes, 53.  Nays, 5.

         5                  ACTING PRESIDENT GRIFFO:     The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       2008, substituted earlier today by Member of

         9       the Assembly Paulin, Assembly Print Number

        10       4691A, an act to amend the Vehicle and Traffic

        11       Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect on the 180th day.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 58.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       2012, by Senator Flanagan, Senate Print 4398A,

        24       an act to amend the Penal Law.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the first of

         4       November.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 58.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       2013, substituted earlier today by Member of

        13       the Assembly Gottfried, Assembly Print Number

        14       7676, an act to repeal subdivision 3 of

        15       Section 4012-b.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last 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, 58.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       2014, substituted earlier today by Member of

         3       the Assembly Perry, Assembly Print Number

         4       5177, an act to amend the Public Authorities

         5       Law.

         6                  ACTING PRESIDENT GRIFFO:    Read

         7       the last 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, 58.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       2015, by Senator Leibell, Senate Print 4699,

        18       an act to amend the Alcoholic Beverage Control

        19       Law and the Vehicle and Traffic Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the first of

        24       November.

        25                  ACTING PRESIDENT GRIFFO:    Call


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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 59.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       2016, by Senator Little, Senate Print 5369, an

         8       act to amend the Public Health Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 3.  This

        12       act shall take effect on the 30th day.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 59.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       2018, substituted earlier today by Member of

        21       the Assembly Koon, Assembly Print Number 8077,

        22       an act to amend the Environmental Conservation

        23       Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 59.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       2019, by Senator Hannon, Senate Print 5875A,

        11       an act to amend the Social Services Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect April 1, 2008.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 59.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       2020, by Senator Griffo, Senate Print 6076, an

        24       act to amend the Tax Law.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 5.  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, 59.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       2021, by the Senate Committee on Rules, Senate

        12       Print 6159A, an act to amend the Public Health

        13       Law.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 6.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 59.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       2022, substituted earlier today by Member of


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         1       the Assembly Brodsky, Assembly Print Number

         2       9052, an act to amend the Labor Law.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the 180th day.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 59.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       2024, by Senator Bonacic --

        15                  SENATOR DUANE:    Lay it aside,

        16       please.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       2025, by the Senate Committee on Rules, Senate

        21       Print 6340, an act to amend the Tax Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last 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, 59.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       2026, by Senator Maziarz, Senate Print --

         9                  SENATOR SKELOS:    Lay it aside,

        10       please.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is laid aside.

        13                  Senator Skelos, that completes the

        14       reading of the noncontroversial calendar.

        15                  SENATOR SKELOS:    I believe

        16       there's a motion that Senator Little has.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Little, for purposes of a motion.

        19                  SENATOR LITTLE:    Thank you,

        20       Mr. President.

        21                  I wish to call up my bill, Print

        22       Number 1052, recalled from the Assembly, which

        23       is now at the desk.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       Secretary will read.


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         1                  THE SECRETARY:    Calendar Number

         2       620, by Senator Little, Senate Print 1052, an

         3       act to establish.

         4                  SENATOR LITTLE:    Mr. President, I

         5       now move to reconsider the vote by which this

         6       bill was passed.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll on reconsideration.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 59.

        11                  SENATOR LITTLE:    Thank you.

        12       Mr. President, I now offer the following

        13       amendments.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       amendments are received.

        16                  Senator Skelos.

        17                  SENATOR SKELOS:    Mr. President,

        18       if we could go to the controversial reading of

        19       the calendar at this time.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       Secretary will ring the bells.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1569, by Senator Golden, Senate Print 5729A,

        25       an act to amend the Penal Law.


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         1                  SENATOR MONTGOMERY:    Explanation.

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Golden, for an explanation.

         4                  SENATOR GOLDEN:    Thank you,

         5       Mr. President.

         6                  This bill was before us two weeks

         7       ago, and we've amended the bill, and the bill

         8       is back before us.  This bill adds a new

         9       section of the Penal Law, refusing to identify

        10       oneself upon questioning, a Class A

        11       misdemeanor.  This allows a police officer or

        12       court officer to ask a person to identify him

        13       or herself in the course of a Terry stop, a

        14       Terry stop that provides for criminal

        15       liability when a person intentionally fails to

        16       provide such information.

        17                  This only applies when the officer

        18       reasonably suspects that a person has

        19       committed or is about to commit a crime.  An

        20       officer's right to ask for this information

        21       has long been established in our own law here

        22       in New York under the CPL.

        23                  In response to some of my

        24       colleagues' concerns, I have amended this bill

        25       to make it absolutely clear that a person has


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         1       to know for sure that he is refusing to

         2       identify himself to a police officer.  And the

         3       new language states:  "He or she intentionally

         4       fails to provide his or her name to a person

         5       whom he or she knows to be a police officer or

         6       court officer."

         7                  This is a standard that was created

         8       under the Hiibel v. Nevada case.  There are 23

         9       other states that do what we do.  And that's

        10       the explanation.

        11                  ACTING PRESIDENT GRIFFO:    Thank

        12       you, Senator Golden.

        13                  Senator Montgomery.

        14                  SENATOR MONTGOMERY:    Yes, Mr.

        15       President, I'm just going to comment on the

        16       bill.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Montgomery, on the bill.

        19                  SENATOR MONTGOMERY:    Thank you.

        20                  I understand that Senator Golden

        21       is -- well, maybe I -- let me change that.  I

        22       do not understand why Senator Golden feels

        23       that we need this legislation.

        24                  One of the serious issues and

        25       problems that I have experienced in my


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         1       district, and I think it's pretty common in

         2       the City of New York, is that there is a

         3       propensity by police officers, either in

         4       uniform or out of uniform, to stop youngsters

         5       on the streets.  If they see several young

         6       people gathered, they automatically assume

         7       that there's something about to happen,

         8       they're part of a gang operation.  There is a

         9       sense that just their presence in more than

        10       one individual indicates that there is some

        11       crime about to be committed.

        12                  And, you know, maybe it's the way

        13       that they dress, maybe it's their movements.

        14       I don't know exactly what triggers this large

        15       number of contacts with young people.  But

        16       there are, especially young men of color, some

        17       of them wearing their hoodies.  My son wears a

        18       hoodie.  I'm always concerned about him being

        19       stopped and frisked on the streets for no

        20       apparent reason.

        21                  So this is a problem.  And we now

        22       are, based on Senator Golden's legislation,

        23       Mr. President, we are creating an

        24       A misdemeanor, a charge, a criminal charge, if

        25       a youngster is stopped by the police.  And


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         1       they don't just stop them and ask them

         2       politely to identify themselves, not in my

         3       district.  Maybe in Senator Golden's district;

         4       not in mine.  They are stopped and

         5       aggressively frisked and very often taken down

         6       to the precinct.

         7                  And in fact they take them down

         8       very often because they don't have

         9       identification on them.  They do this already.

        10       Now, it's not a crime now.  So fortunately it

        11       doesn't result in a misdemeanor charge, a

        12       criminal charge.

        13                  But this bill would specifically

        14       allow the police officer not only to take them

        15       to the precinct, but to charge them with an

        16       A misdemeanor, criminal charge, because they

        17       don't have their ID on them.

        18                  So, Mr. President, I understand

        19       that Senator Golden has tried to be specific

        20       about who and which kind of officer can make

        21       this charge or can require a person to

        22       identify themselves.  But it doesn't satisfy

        23       the issue and concern that is very, very major

        24       in my district as it relates to the

        25       relationship and the activity between the


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         1       police and young people in my district,

         2       particularly what I consider our young,

         3       do-rag-generation people.

         4                  So I'm still going to reject this

         5       legislation.  I think it creates a problem

         6       that is going to have collateral consequences

         7       on certain people, especially in districts

         8       like mine.  And I cannot in all good

         9       conscience support it.

        10                  Thank you.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Adams.

        13                  SENATOR ADAMS:    Thank you,

        14       Mr. President.  Would the sponsor yield for a

        15       question?

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Golden, will you yield for a question?

        18                  SENATOR GOLDEN:    I do.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Adams.

        21                  SENATOR ADAMS:    Senator Golden,

        22       first of all, I want to support this bill.

        23       But I notice that you don't have the

        24       stand-alone which we discussed before.  And I

        25       just want to get clarity.


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         1                  The changes that you made, it would

         2       not impact -- I mean, it would only deal if a

         3       person committed no other crime but he did not

         4       identify himself to a police officer.  Is that

         5       correct?

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Golden.

         8                  SENATOR GOLDEN:    If the

         9       individual fails to -- has the potential of

        10       being arrested if he argues that he's not

        11       going to give the individual a name.

        12                  SENATOR ADAMS:    Would the sponsor

        13       continue to yield.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Golden, will you continue to yield?

        16                  SENATOR GOLDEN:    I do.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Adams.

        19                  SENATOR ADAMS:    Can you share

        20       with us how would a civilian know if in fact

        21       the person is a police officer?

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Golden.

        24                  SENATOR GOLDEN:    The legislation

        25       says the person whom he or she knows to be a


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         1       police officer.  She would have to know or he

         2       would have to know that it is a police

         3       officer.

         4                  SENATOR ADAMS:    Would the sponsor

         5       continue to yield.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Golden, will you yield for an additional

         8       question from Senator Adams?

         9                  SENATOR GOLDEN:    I do.  Two more

        10       questions.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Adams.

        13                  SENATOR ADAMS:    You stated that

        14       he will in fact know, if they know.  Again I

        15       ask, how would the average person in here

        16       that's not a police officer, how would they

        17       know if a person is a police officer?

        18                  SENATOR GOLDEN:    He would or she

        19       would know by identifying themselves as police

        20       officers to the individual with a badge, or

        21       with uniform.  Or in plainclothes.

        22                  SENATOR ADAMS:    Okay, I don't

        23       need the two more questions.  I just needed

        24       that one.

        25                  On the bill.


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         1                  ACTING PRESIDENT GRIFFO:    On the

         2       bill, Senator Adams.

         3                  SENATOR ADAMS:    Yes.  We just had

         4       a series of cases, one was on Long Island,

         5       where we had an individual who dressed as a

         6       police officer, raped and sodomized a group of

         7       women.  He had a shield, he had a badge, he

         8       had a uniform.

         9                  We just had a case in the Bronx

        10       where an individual dressed as a firefighter

        11       knocked on the door and gained entry into a

        12       woman's home, raped her, stood in the

        13       apartment for several hours.

        14                  We had an incident in Queens, out

        15       in Senator Smith's district, I believe, where

        16       an individual carried a shield and ID card and

        17       went around raping young ladies, based on

        18       identification.

        19                  To argue this point, and I will

        20       continue to argue, this is a very dangerous

        21       precedent.  The last time I argued, I got

        22       several emails from family members who were

        23       concerned.

        24                  To buy a shield and a badge is

        25       easy.  You could buy duplicate shields,


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         1       duplicate badges.  You could buy police

         2       uniforms.  You could walk inside a store and

         3       you can purchase a police uniform.

         4                  Our children gain knowledge of

         5       policing by watching "CSI" and "Hill Street

         6       Blues."  They don't know who's a police

         7       officer.

         8                  And you don't have to look at only

         9       the racial component of it, you can just look

        10       at the average child as hanging out, having a

        11       couple of beers with his friends.  He decides

        12       to lie because he doesn't want his parents to

        13       find out.  Now that child is going to be

        14       arrested and charged with a misdemeanor

        15       because he lied.

        16                  I said in our conference, children

        17       lie.  Children say, No, I didn't clean my room

        18       when the room is dirty.  Children say, No, I

        19       didn't hang out after school.  Children say,

        20       I'm truant.  You know, children lie.  They do.

        21       We all lied before when we were children.

        22       Let's not all of a sudden believe we have a

        23       halo over our head when in fact we got a tail.

        24       Because we know we lied as children.

        25                  Do we want to incarcerate 18-,


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         1       19-year-olds merely because they told a lie?

         2       That's where this problem stands.  I will

         3       support this bill, Senator Golden, if you are

         4       willing to state that if in fact a person who

         5       lied to a police officer, was found out to

         6       commit a crime, then we will add this on as an

         7       additional charge.  I think that's a perfect

         8       charge to add on, that they in fact lied to a

         9       police officer.  We can add this on after we

        10       find out that this person committed a crime.

        11                  But to state merely that an action

        12       that's indicative of a young person is now

        13       going to become a crime, that's troubling.

        14       And then we have to look at the public safety

        15       aspect of it, that now anytime someone stops

        16       18-year-old Jane in the middle of the night,

        17       they are in plain civilian clothes but they

        18       show a shield or ID card and say:  Young Jane,

        19       I'm a police officer.  Who are you?  What's

        20       your name?  Follow me.

        21                  Anytime someone stops our children

        22       on their way to college, anytime they stop our

        23       children on the way from a party or another

        24       event, anytime our children decide to hang

        25       out -- do we understand what we're stating


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         1       here?

         2                  In an environment where police

         3       identification is readily available.  It's not

         4       that it's illegal to sell a shield or a badge.

         5       A child doesn't know the difference between a

         6       real shield and a fake shield.  In fact, many

         7       police officers don't know the difference

         8       between the countless number of shields from

         9       Buffalo down to Brooklyn.

        10                  There are many different police

        11       departments, many different identifications,

        12       many different agencies that fall into that

        13       guideline.

        14                  So this is a very dangerous bill,

        15       and we need to think this through.  I don't

        16       want to be the person that stated I voted for

        17       a bill like this when a young 13-year-old

        18       stated she followed the person or relented to

        19       his inquiries based on we said this is the

        20       law.

        21                  This is a dangerous bill.  And

        22       although your intentions are right, I will

        23       hope that you will pull the bill back and

        24       state that if in fact a person was found to

        25       commit a crime, this would be attached on as


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         1       an additional charge.  To charge a person

         2       merely because they did not identify

         3       themselves I think is the wrong way to go.

         4                  And there are case precedents that

         5       show you people use identification of police

         6       officers to gain access, they use

         7       identifications of police officers to lure our

         8       children, they use identification of police

         9       officers to carry out criminal behavior.

        10                  And we are now breaking down years

        11       and years of instructions to our children of

        12       all ethnicity.  This is not a black issue.

        13       All ethnicity, we've all went through the

        14       routine practice of what we want our children

        15       to do when a stranger speaks with them.  In

        16       one bill we're going to dismantle all that

        17       training.  We've got to rewrite the

        18       conversation that we have with our young

        19       children because we believe that they should

        20       speak to a person because he has a silver

        21       piece of metal in his hand and he says "I am

        22       the police."

        23                  That's wrong.  And any police

        24       official in this state will tell you there are

        25       too many criminals that identify themselves


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         1       with the terms "I am the police," when in fact

         2       they're not the police, they're there to

         3       commit a crime.

         4                  I am going to vote, again, nay for

         5       this bill in hopes that the Senator will

         6       change it to include that if a person in fact

         7       committed a crime and don't allow this bill to

         8       stand alone.  And as we debated, let's think

         9       about those kids up in the pew here.  And what

        10       are we telling them?  If you were to interview

        11       each one of those children and ask them what

        12       do your parents state to you when a stranger

        13       stops and talks to you, they'll tell you, "My

        14       parents told me not to talk to strangers."

        15                  There is no subscript:  don't talk

        16       to strangers unless he has a silver shield.

        17       That's what they told the young girl on Long

        18       Island that was raped.

        19                  Thank you, Mr. President.

        20                  ACTING PRESIDENT GRIFFO:    Any

        21       other Senator wishing to be heard?

        22                  Senator Thompson.

        23                  SENATOR THOMPSON:    Yes, I have

        24       one question.  If the sponsor will yield for

        25       one question, please.


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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Golden, will you yield for a question?

         3                  SENATOR GOLDEN:    I do.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Thompson.

         6                  SENATOR THOMPSON:    Yes, through

         7       you, Mr. President.

         8                  Senator, I just have one question

         9       for you, and I had a couple of comments.  Will

        10       this bill allow for people who are stopped by

        11       individuals in plainclothes to be charged if

        12       they don't respond or show ID to plainclothes

        13       people, whether they're not malls,

        14       supermarkets or --

        15                  SENATOR GOLDEN:    No, this --

        16       Mr. President.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Golden.

        19                  SENATOR GOLDEN:    This bill does

        20       not require anybody to show ID, number one.

        21       Okay?

        22                  Number two, if a police officer

        23       identifies himself, I dare to say that would

        24       be the wrong avenue to take, to argue that

        25       that police officer may not be a police


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         1       officer because he has a shield or an

         2       identification card or a uniform.

         3                  So if the individual is stopped and

         4       fails to give his name or her name and he or

         5       she is about to commit or has committed a

         6       crime, then that individual will be given a

         7       summons.

         8                  SENATOR THOMPSON:    Through you,

         9       Mr. President.  Does that address the issue of

        10       people with plainclothes, if people are

        11       stopped by a person with plainclothes?

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Golden, will you continue to yield for the

        14       question?

        15                  SENATOR GOLDEN:    Yes,

        16       Mr. President.

        17                  The police departments across the

        18       state of New York work both in uniform and in

        19       plainclothes, and this applies to both.

        20                  SENATOR THOMPSON:    On the bill,

        21       sir.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Thompson, on the bill.

        24                  SENATOR THOMPSON:    The concern

        25       that I have -- and I understand the spirit of


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         1       my colleague, and I think his spirit is

         2       genuine and his spirit is sincere.  The

         3       concern that I have is the growing number of

         4       pedophiles that we have, sexual predators,

         5       individuals who will prey on our young people.

         6       Many of our young people are don't talk to

         7       strangers.

         8                  If we had isolated the issue of the

         9       plainclothes -- I mean, years ago there were

        10       problems where individuals were stopped on our

        11       various state highways by individuals in

        12       unmarked cars, and they were raping women,

        13       molesting women and abusing people.

        14                  And now, in my neighborhood alone,

        15       we had a block club -- we have a block club

        16       and we had an individual who would come to the

        17       block club meetings, a sexual predator, I

        18       think a high-number sexual predator.  And

        19       people never knew it.  The individuals were

        20       inviting this person into their house, and

        21       they never knew.

        22                  Now, imagine now, once the block

        23       club members found out, they disseminated the

        24       information.  And I'm just very concerned that

        25       in this day and age with so many sexual


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         1       predators out here, the access to the

         2       Internet, the access to police badges and

         3       identification -- I'm extremely concerned

         4       about that.

         5                  But I do understand the spirit.  I

         6       do believe as well that we should make sure

         7       that when people are stopped that they must be

         8       easily identifiable by way of a uniform.  I

         9       agree with my colleague that it is easier to

        10       access police uniforms.  But I believe that

        11       just allowing people to come in plainclothes

        12       would not be a good idea.  I think that we

        13       should reconsider that.

        14                  And hopefully the sponsor will

        15       consider making an amendment to that to say

        16       that individuals must be easily identifiable

        17       by way of a uniform.  And I really would hope

        18       that you would consider that.

        19                  ACTING PRESIDENT GRIFFO:    Thank

        20       you, Senator Thompson.

        21                  Any other Senator wishing to speak?

        22                  Senator Perkins.

        23                  SENATOR PERKINS:    Through you,

        24       Mr. President, I have a question.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Golden, will you yield for a question?

         2                  SENATOR GOLDEN:    I do.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Perkins.

         5                  SENATOR PERKINS:    Thank you.

         6                  Would you explain to me the term

         7       "Terry stop"?

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Golden.

        10                  SENATOR GOLDEN:    "Terry stop" is

        11       a expression that is used in the police

        12       departments across -- there was a case in the

        13       Supreme Court where it approved the ability to

        14       do a stop on an individual that they suspected

        15       or it is suspected that this individual is

        16       about to commit a crime or had committed a

        17       crime.

        18                  SENATOR PERKINS:    May I ask

        19       another question?

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Golden, will you yield for an additional

        22       question from Senator Perkins?

        23                  SENATOR GOLDEN:    Yes.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Perkins.


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         1                  SENATOR PERKINS:    And upon

         2       introducing that one is a cop, a police

         3       officer, does one indicate why that person is

         4       being stopped for identification, what

         5       potential crime or what type of incident has

         6       taken place that calls for that?

         7                  SENATOR GOLDEN:    In the City of

         8       New York we have stops and frisks that are

         9       that are filled out on every stop in the City

        10       of New York.  A stop is a -- again, when they

        11       believe there is a suspicion of a crime being

        12       committed or about to be committed, the police

        13       officer can stop.

        14                  And in this particular case, it

        15       would allow that police officer who would be

        16       identified to ask questions such as "What is

        17       your name?"  And if you fail to give that

        18       individual your name, you risk the option of

        19       being arrested.

        20                  SENATOR PERKINS:    May I ask

        21       another question.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Golden, will you yield for an additional

        24       question?

        25                  SENATOR GOLDEN:    I do.


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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Perkins.

         3                  SENATOR PERKINS:    At what point

         4       is the individual informed as to why they're

         5       being stopped?

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Golden.

         8                  SENATOR GOLDEN:    That is up to

         9       the officer, to make that information

        10       available to that individual.

        11                  SENATOR PERKINS:    May I?

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Golden, do you continue to yield?

        14                  SENATOR GOLDEN:    I do.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Perkins.

        17                  SENATOR PERKINS:    At any point

        18       are you required to indicate why you're being

        19       stopped?

        20                  SENATOR GOLDEN:    No,

        21       Mr. President.

        22                  SENATOR PERKINS:    May I continue

        23       with another question?

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Golden, do you continue to yield?


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         1                  SENATOR GOLDEN:    Two more

         2       questions, Mr. President.

         3                  SENATOR PERKINS:    No problem.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Perkins.

         6                  SENATOR PERKINS:    At any point

         7       does the individual ever get an explanation

         8       for being stopped?

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Golden.

        11                  SENATOR GOLDEN:    I don't know any

        12       particulars -- I don't know the particular

        13       that you're talking about.

        14                  In a court, police will have to

        15       prove that there was reasonable suspicion if

        16       that individual is taken in.  So if that

        17       person is issued a summons for failing to give

        18       his or her name, they would have to prove that

        19       there was reasonable suspicion to stop that

        20       individual in the first place.

        21                  This is not a run down the street,

        22       jump on a bunch of kids, frisk them, put them

        23       in a car because they failed to give their

        24       name, and lock them up.  And it's not about an

        25       individual that is a plainclothes officer that


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         1       you have questions if that individual is in

         2       fact a police officer.

         3                  If that person -- if you have

         4       questions if that individual is not a police

         5       officer, you have a right to ask that officer

         6       to identify himself.  And if that individual

         7       fails to identify himself, you don't have to

         8       give that name.

         9                  SENATOR PERKINS:    One final

        10       question, and that's this, if I may.

        11                  SENATOR GOLDEN:    Yes.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Golden, will you yield?

        14                  SENATOR GOLDEN:    Yes,

        15       Mr. President.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Perkins.

        18                  SENATOR PERKINS:    My concern is

        19       that officers stop, they ask for ID, you know,

        20       for identification, they're given the

        21       identification --

        22                  SENATOR GOLDEN:    There's no

        23       identification here.  This is about a name.

        24       There's no identification.

        25                  SENATOR PERKINS:    Or they give a


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         1       name --

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Perkins, do you continue to request that he

         4       yield?

         5                  SENATOR GOLDEN:    That's the last

         6       question, I think.

         7                  ACTING PRESIDENT GRIFFO:    You

         8       indicated that that was your final question.

         9       Do you wish to ask a question?

        10                  SENATOR PERKINS:    Yes, I do.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Golden, will you yield for an additional

        13       question?

        14                  SENATOR GOLDEN:    Last question.

        15                  SENATOR PERKINS:    I just want to

        16       finish what I had here.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Perkins.

        19                  SENATOR PERKINS:    I just want to

        20       finish --

        21                  ACTING PRESIDENT GRIFFO:    Your

        22       question, sir.

        23                  SENATOR PERKINS:    A person is

        24       stopped, they're asked to identify themselves.

        25       They identify themselves.  Apparently by


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         1       virtue of the Terry stop precedent.  At no

         2       point that person is told why they're being

         3       required to identify themselves.

         4                  And that can continue with at no

         5       point being told why I'm being stopped to

         6       identify myself.  Yes or no?

         7                  SENATOR GOLDEN:    Mr. President.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Golden.

        10                  SENATOR GOLDEN:    The police

        11       officer is building suspicion to get to

        12       probable cause for an arrest.  He asks the

        13       name.  If you don't want to give that name,

        14       don't give the name.  But if you don't give

        15       the name, you risk being arrested for that.

        16                  An officer stops, they do tell you

        17       why they're stopping you.  They just don't run

        18       down the street willy-nilly and put people in

        19       cuffs.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Perkins, on the bill.

        22                  SENATOR PERKINS:    On the bill.

        23                  I'm going to have to vote against

        24       this bill.  Because what you believe is the

        25       reality is in fact not the reality.  Too often


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         1       a lot of young men that I represent -- by the

         2       way, including a nephew of mine -- are stopped

         3       in the playground, in the neighborhood park,

         4       and asked to identify themselves and have even

         5       cooperated and identified themselves, not

         6       having done anything wrong, and wind up in the

         7       precinct.  At which point parents and/or

         8       lawyers have to go and make arrangements,

         9       sometimes with great difficulty, to get them

        10       back home.  Sometimes even having to suffer

        11       the child going through the system, especially

        12       if it's on the weekend.

        13                  So I'm not quite sure if this goes

        14       overboard in terms of what you might

        15       reasonably be trying to accomplish.  I'm not

        16       quite sure if this is one of those slippery

        17       slopes that creates an opportunity for an

        18       excessive amount of stopping and asking and

        19       stopping and asking that can, at minimum, be a

        20       matter of harassment.

        21                  So I'm not going to be able to

        22       support this.  And I'll be voting against this

        23       bill.  Thank you.

        24                  ACTING PRESIDENT GRIFFO:    Is

        25       there any other Senator wishing to be heard?


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         1                  Senator Sampson.

         2                  SENATOR SAMPSON:    If the sponsor

         3       would yield for a question.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Golden, will you yield for a question?

         6                  SENATOR GOLDEN:    I do, Senator.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Sampson.

         9                  SENATOR SAMPSON:    Through you,

        10       Mr. President.  If there is no reasonable

        11       suspicion established why the police officer

        12       stopped this individual, does the arrest then

        13       become void?

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Golden.

        16                  SENATOR GOLDEN:    Yes, it would.

        17                  SENATOR SAMPSON:    So there --

        18       through you, Mr. President.

        19                  ACTING PRESIDENT GRIFFO:    Do you

        20       continue to yield, Senator Golden?

        21                  SENATOR GOLDEN:    I do,

        22       Mr. President.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Sampson.

        25                  SENATOR SAMPSON:    So therefore,


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         1       if at that point in time the individual gave

         2       the police officer the wrong identification or

         3       misrepresented himself, at that point in time,

         4       if he was arrested on those charges, that

         5       would too be voided?

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Golden.

         8                  SENATOR GOLDEN:    I'm not sure I

         9       understand the question, Mr. President.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Sampson, can you rephrase?

        12                  SENATOR SAMPSON:    Let me rephrase

        13       the question.

        14                  If in fact the stop was no

        15       reasonable suspicion to stop them but the

        16       individual gave the police officer the

        17       incorrect information or misidentified

        18       himself, at that point in time, even though

        19       the stop was no reasonable suspicion, would he

        20       still be charged or arrested for violating

        21       that segment of this piece of legislation?

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Golden.

        24                  SENATOR GOLDEN:    Mr. President,

        25       the Senator is a prominent attorney.  He knows


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         1       that the legislation states that there has to

         2       be reasonable suspicion.

         3                  So the legislation -- he'd have to

         4       have reasonable suspicion before he stopped

         5       that individual stopped that individual to ask

         6       him or her their name.

         7                  SENATOR SAMPSON:    So therefore --

         8                  ACTING PRESIDENT GRIFFO:    Are you

         9       asking the sponsor to continue to yield?

        10                  SENATOR SAMPSON:    Yes.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Golden, would you continue to yield?

        13                  SENATOR GOLDEN:    I do.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Sampson.

        16                  SENATOR SAMPSON:    Through you,

        17       Mr. President.  So as a result of that -- so

        18       therefore if the stop is no reasonable

        19       suspicion, so therefore the police officer's

        20       arresting of that individual would therefore

        21       be voided, then, because he had no reasonable

        22       suspicion to stop them him in the first place?

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Golden.

        25                  SENATOR GOLDEN:    Yes,


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         1       Mr. President.

         2                  SENATOR SAMPSON:    On the bill.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Sampson, on the bill.

         5                  SENATOR SAMPSON:    Senator Golden,

         6       you know, I do concur, and the spirit is

         7       great.  And you're right about that, we

         8       shouldn't misidentify or misrepresent

         9       ourselves to police officers.

        10                  But in neighborhoods like

        11       Brownsville, East New York, neighborhoods I

        12       represent, you know, that's not the reality.

        13       You know, police officers stop you on the spur

        14       of the moment, they don't identify themselves.

        15       And all of a sudden, when you ask them, "Why

        16       did you stop me?" all of a sudden, just

        17       because you were on a corner with a bunch of

        18       youth, they figured you were up to something.

        19                  And I'll never forget when I was in

        20       Bedford-Stuyvesant, when I newly got elected

        21       to the State Senate, you know, I was riding in

        22       a very expensive car, riding down the street,

        23       and the police officers just stopped me.  And

        24       they indicated to me -- I said, "Why did you

        25       stop me?"  He said:  "Well, you didn't use


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         1       your signal indicators to show you were making

         2       a right turn."

         3                  I said:  "Officer, I'm going

         4       straight through.  I'm not making a turn."  I

         5       said, "Give me another one.  I'm a lawyer.

         6       Give me another one."

         7                  He said, "Well, you know, you're

         8       driving an expensive car.  We didn't see cars

         9       like this in the neighborhood before."  And

        10       you're talking about a young educated black

        11       man going through this.

        12                  The issue is what is reality -- is

        13       what happens in Brownsville and East New York,

        14       it's not reality.  They get stopped on the

        15       whim of the moment.  And now we're saying just

        16       because you give them the wrong

        17       identification, you're labeling it as a

        18       misdemeanor.

        19                  So when these young people look for

        20       jobs and the first thing on the job

        21       application is, one -- it's not only have you

        22       been convicted, have you been arrested?  And

        23       at that point in time they have to indicate.

        24       And will that be used against them when

        25       they're looking for a job?  Yes, it will.


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         1                  So as a result, I understand the

         2       spirit of this bill, but we have to be

         3       realistic in what's going on.  Amadou Diallo

         4       tried to show his identification; he wound up

         5       with 41 bullets inside of him.  So at the end

         6       of the day, what is reality?

         7                  So at this point in time,

         8       Mr. President, I will be voting no on this

         9       bill.

        10                  ACTING PRESIDENT GRIFFO:    Is

        11       there any other Senator that wishes to be

        12       heard?

        13                  Senator Diaz.

        14                  SENATOR DIAZ:    Thank you,

        15       Mr. President.

        16                  ACTING PRESIDENT GRIFFO:    Are you

        17       on the bill?

        18                  SENATOR DIAZ:    Yes, sir, on the

        19       bill.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Diaz, on the bill.

        22                  SENATOR DIAZ:    And I would like

        23       to congratulate you today on the floor, and

        24       send my regards to your parents.

        25                  ACTING PRESIDENT GRIFFO:    Thank


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         1       you, Senator Diaz.

         2                  SENATOR DIAZ:    Senator Golden is

         3       a New York State Senator.  He was, before, a

         4       police officer.  Now, as a State Senator,

         5       Senator Golden is the chairman of the Aging

         6       Committee.  And I have to say that I love

         7       Senator Golden as the chairman of the Aging

         8       Committee.

         9                  I mean, he's such a great chairman

        10       of the Aging Committee that I have yet to see

        11       one bill that Senator Golden has submitted in

        12       benefit of the aging that I disagree.

        13       Everything that he submits for Aging is great.

        14                  But every time that he changes

        15       clothes as an ex-police officer, we've got

        16       problems.  It's a different person.  It's a

        17       different bill.  It's a different motivation,

        18       I believe.

        19                  And, Senator Golden, I will keep

        20       loving you as the chairman of the Aging

        21       Committee.  But I have to say that I don't

        22       like you as an ex-police officer.  You always,

        23       every time -- this is a bill that, you know,

        24       is -- and even though sometimes I ask myself

        25       when the Majority submits a bill, it's going


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         1       to pass.  There is no reason why we should be

         2       questioning and asking and saying and bringing

         3       good reason why the bill should not be passed.

         4       The bill will pass no matter what.

         5                  Sometimes I say that's -- to me

         6       that is a sign of futility.  But then yet we

         7       have to understand that we have to try to

         8       reason and bring reasons to people why the

         9       bill should not pass.  This is one of them.

        10       This is one of the bills that is very

        11       detrimental.

        12                  I have a staff member, he was

        13       crossing George Washington Bridge, he came to

        14       the office crying.  Shaking, crying.  So he

        15       came to me, and I say "What happened?"  He

        16       can't even speak, he was crying, crying,

        17       crying.  I said, "What happened?"

        18                  "I was stopped by a police officer.

        19       And I asked the police officer, 'Why are you

        20       stopping me?'  The police officer told me:

        21       'Shut the f--- up.'  So he continued writing.

        22       I said, 'But, Officer, why have I been

        23       stopped?'  He said, 'Didn't I tell you to shut

        24       the f--- up?'"

        25                  And he pushed him, boom, against


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         1       the car.  The guy is a man.  He took that

         2       humiliation, and he just cried like a baby.

         3       Cried, cried.  He wanted to kill the police

         4       officer, he said.  But he just took it.  And

         5       he just came to the office shaking and crying,

         6       with a ticket in his hand.

         7                  And that is a problem that we face

         8       in our communities.  That is a problem that

         9       our youth faces and our people face.  I was

        10       stopped, my car has a license plate saying

        11       "Senate 52."  Two police officers stopped me.

        12       My rear light, one of my left rear lights

        13       stopped -- the light didn't work.

        14                  They stopped me.  I stopped.  Put

        15       my hands on the wheel.  They came up, say:

        16       "Sir, driver's license and registration."  I

        17       said:  "Can I" -- (gesturing).  They say yes.

        18                  So then I get up, I get out of the

        19       car.  The police officer, the two of them, one

        20       woman and one man, they tell:  "You see that

        21       light?  It's not working, sir."

        22                  I said, "Okay, I'm sorry.  I'm

        23       going to have to fix it."  So the lady says:

        24       "What the f--- you think you are?"  I said

        25       "What?  Excuse me?"  "What the f---" -- oh,


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         1       okay.  After I had identified myself as a

         2       State Senator.

         3                  So what I'm telling you is, Senator

         4       Golden, as the chairman of the Aging

         5       Committee, you're great.  But to understand

         6       what our community goes through, you're lousy.

         7                  (Laughter.)

         8                  SENATOR DIAZ:    So therefore, I

         9       have to say we have to vote -- even though the

        10       bill will pass, even though the bill will pass

        11       and will be approved and it seems like an

        12       exercise in futility, we -- I'm voting no on

        13       this bill.

        14                  Thank you very much.

        15                  ACTING PRESIDENT GRIFFO:    Thank

        16       you, Senator Diaz.

        17                  Senator Maziarz, on the bill.

        18                  SENATOR MAZIARZ:    Mr. President,

        19       in less than 30 seconds.

        20                  Unlike my favorite Democratic

        21       member, Senator Diaz, I love Senator Golden as

        22       chairman of the Aging Committee and I love

        23       Senator Golden as an ex-police officer and

        24       sponsor of this very good bill which was on

        25       the floor last week, I believe.


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         1                  Senator Golden has done the right

         2       thing, he's made it a better bill.  I vote in

         3       the affirmative.

         4                  Thank you.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Maziarz?

         7                  SENATOR MAZIARZ:    Was that less

         8       than 30 seconds?

         9                  ACTING PRESIDENT GRIFFO:    Very

        10       good.

        11                  Any other Senator wishing to speak?

        12                  Debate is closed.  The Secretary

        13       will ring the bells.

        14                  Senator Adams.

        15                  SENATOR ADAMS:    Senator Sampson,

        16       would you yield for a question, please?

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Sampson, will you yield for a question?

        19                  SENATOR SAMPSON:    Yes, I yield

        20       for a question.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Adams.

        23                  SENATOR ADAMS:    Senator Sampson,

        24       when a person -- you being an attorney, when a

        25       person in fact committed a crime, when they


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         1       have in fact committed a crime, are they

         2       issued Miranda warnings?

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Sampson.

         5                  SENATOR SAMPSON:    You should be

         6       issued a Miranda warning, yes.

         7                  SENATOR ADAMS:    Would he continue

         8       to yield?

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Sampson, will you continue to yield?

        11                  SENATOR SAMPSON:    Yes.

        12                  SENATOR ADAMS:    Are part of those

        13       Miranda warnings indicate you have a right to

        14       remain silent?

        15                  SENATOR SAMPSON:    Yes, that's

        16       correct.

        17                  SENATOR ADAMS:    Would he continue

        18       to yield.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Sampson, do you continue to yield to Senator

        21       Adams?

        22                  SENATOR SAMPSON:    Yes.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Adams.

        25                  SENATOR ADAMS:    So based on this


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         1       bill, if a person in fact committed a murder

         2       and he did not identify himself as a police

         3       officer, would he be charged with a crime?

         4                  SENATOR SAMPSON:    If he did not

         5       identify himself as a police officer?

         6                  SENATOR ADAMS:    To a police

         7       officer.

         8                  SENATOR SAMPSON:    Yes, he would

         9       be charged with a crime, yes.  Under this

        10       bill, if he did not identify himself.

        11                  SENATOR ADAMS:    So is -- thank

        12       you, Senator.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Adams, do you wish to continue to ask a

        15       question?  Or are you on the bill?

        16                  SENATOR ADAMS:    No, I do not.

        17       Thank you.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       debate is closed.  The bell is being rung.

        20                  The house will come to order.  We

        21       will read the last section.

        22                  I want to remind the members that

        23       we will be following Rule 9, Section 3(e),

        24       which allows for two-minute explanations.  The

        25       summer solstice will be joining us in the next


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         1       90 minutes.

         2                  Last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 90th day.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Adams, to explain his vote.

        10                  SENATOR ADAMS:     I'm going to

        11       vote no, and I'm going to encourage my

        12       colleagues on both sides of the aisle to do

        13       so.

        14                  This is one of those bills that it

        15       crosses neighborhoods, it crosses

        16       philosophies, it crosses ethnicities, it goes

        17       to the foundation of what we do as adults, as

        18       parents, on how we instruct our children.

        19                  I believe that Senator Golden, his

        20       spirit is right, but there's some technical

        21       aspects that can have some serious

        22       implications on what takes place in our

        23       neighborhoods, around our schools.

        24                  The issues of plainclothes officers

        25       or people who pretend to be police officers,


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         1       law enforcement officers, there are some

         2       serious questions here, and we need to think

         3       clear of them before we vote.

         4                  I vote no on this bill.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Adams to be recorded in the negative.

         7                  Please raise your hands, continue

         8       to raise your hands.

         9                  Senator Montgomery, to explain her

        10       vote.

        11                  SENATOR MONTGOMERY:    Yes,

        12       Mr. President, briefly to explain my vote.

        13                  This bill is one of those subtle,

        14       nuanced approaches to racial profiling.  It

        15       sort of puts it into law, and it also gives

        16       the police an opportunity to charge a person,

        17       particularly a young person -- that's who I'm

        18       primarily concerned about -- with a crime for

        19       no other reason except that person, even

        20       though the person didn't commit a crime,

        21       wasn't about to commit a crime, was nowhere

        22       near a criminal act, but they could still be

        23       charged with a crime, an A misdemeanor crime.

        24                  And, Mr. President, I spend a bit

        25       of time in court.  And who do I see in those


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         1       courts?  In fact, as recently as last week I

         2       was called on the phone, on my cellphone here

         3       in Albany, because the police had swept up

         4       several of the young men in my district.  They

         5       were in a park next to a school.  And I had to

         6       call in to vouch for them so that they would

         7       not be prosecuted.

         8                  So this is a very serious issue.

         9       It is not -- it's not something that we just

        10       are talking about.  It's very, very, very

        11       serious.

        12                  So I'm adamantly opposed to this.

        13       And I say to you, Mr. President, there is no

        14       other reason for this legislation except to

        15       create a crime associated with this so-called

        16       failure to identify.

        17                  So I appreciate all of the

        18       explanations, they're all excellent.  But I

        19       want you to know right here and now that I

        20       consider this to be a racial profiling

        21       legislation which gives the police, which

        22       sanctions the police stopping -- not only

        23       stopping and frisking, but charging a young

        24       person for no apparent reason.

        25                  Thank you.  I'm voting no.


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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Montgomery to be recorded in the negative.

         3                  Announce the results.

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 1569 are

         6       Senators Adams, Breslin, Connor, Diaz, Duane,

         7       Gonzalez, Hassell-Thompson, L. Krueger,

         8       Montgomery, Oppenheimer, Parker, Perkins,

         9       Sabini, Sampson, Savino, Serrano, Smith,

        10       Stavisky and Thompson.

        11                  Absent from voting:  Senators

        12       Huntley, C. Kruger and Schneiderman.

        13                  Ayes, 40.  Nays, 19.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       1882, by Senator Wright, Senate Print 6176A,

        19       an act to amend the General Business Law.

        20                  SENATOR LIZ KRUEGER:

        21       Explanation.

        22                  ACTING PRESIDENT GRIFFO:

        23       Explanation, Senator Wright.

        24                  SENATOR WRIGHT:    Thank you,

        25       Mr. President.


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         1                  The bill before us is a wireless

         2       telephone consumer bill.  It provides for

         3       uniform disclosures and detailed information,

         4       for the first time requiring that of the

         5       wireless telephone industry in this state.

         6                  This is an effort to establish

         7       uniformity among the major providers of the

         8       wireless industry.  It is a bill that has been

         9       developed working with AARP and the five major

        10       wireless providers in the state.

        11                  ACTING PRESIDENT GRIFFO:    Thank

        12       you, Senator Wright.

        13                  Senator Krueger.

        14                  SENATOR LIZ KRUEGER:    Thank you,

        15       Mr. President.  If through you the sponsor

        16       would please yield.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Wright, will you yield for a question from

        19       Senator Krueger?

        20                  SENATOR WRIGHT:    Yes, I will,

        21       Mr. President.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Krueger.

        24                  SENATOR LIZ KRUEGER:    Thank you.

        25                  Does this bill address the primary


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         1       concern that I have been receiving memos about

         2       that would allow a customer of a cellphone

         3       service to have 15 days after their first bill

         4       before -- and allow them to cancel after

         5       they've had 15 days after the first bill, so

         6       they can actually see for the first time what

         7       the real cost of this contract will be for

         8       them?

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Wright.

        11                  SENATOR WRIGHT:    Through you,

        12       Mr. President.  No, this does not provide for

        13       a mandatory 15-day repayment.

        14                  What it provides for is a

        15       disclosure of the various requirements, fees,

        16       the trial periods and whether or not there is

        17       an early termination date.

        18                  What we have attempted to recognize

        19       here is the need to provide uniform disclosure

        20       and detailed information yet at the same time

        21       recognizing that the wireless industry is in

        22       fact a national industry, the wireless plans

        23       are in fact national plans.

        24                  And we have been very conscious not

        25       to insert provisions that would put New York


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         1       State at a competitive disadvantage and make

         2       requirements that only apply to New York

         3       State, thereby increasing the cost to

         4       consumers in New York State.

         5                  SENATOR LIZ KRUEGER:    Thank you,

         6       Mr. President.  If the sponsor would continue

         7       to yield.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Wright, will you yield for an additional

        10       question?

        11                  SENATOR WRIGHT:    Yes, I will,

        12       Mr. President.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Krueger.

        15                  SENATOR LIZ KRUEGER:    Thank you.

        16                  The other serious issue that has

        17       been raised when people come to talk to me

        18       about the need to do consumer protection for

        19       people with the cellphone industry is the

        20       ability to file a complaint and have it

        21       resolved.

        22                  Is there a complaint resolution

        23       mechanism in your bill for consumers?

        24                  SENATOR WRIGHT:    Through you,

        25       Mr. President, yes, there is.


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         1                  There is a very specific procedure

         2       that requires the Consumer Protection Board of

         3       this state to receive and catalog the

         4       complaints.  And as part of that, we have a

         5       requirement that they will issue a report and

         6       an analysis of those complaints a year from

         7       now -- excuse me, two years from now -- so

         8       that we have data to evaluate the nature of

         9       the complaints and the ability to address

        10       those complaints if necessary.

        11                  SENATOR LIZ KRUEGER:    Through

        12       you, Mr. President, if the sponsor would

        13       continue to yield.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Wright, will you continue to yield?

        16                  SENATOR WRIGHT:    Yes, I will,

        17       Mr. President.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Krueger.

        20                  SENATOR LIZ KRUEGER:    So if I

        21       heard your answer correctly, Senator, I could

        22       make a complaint, the Consumer Protection

        23       Board would then record the complaint and tell

        24       us, the Legislature, later.  But could the

        25       Consumer Protection Board do anything to


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         1       address my complaint?

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Wright.

         4                  SENATOR WRIGHT:    Mr. President,

         5       through you.  Yes, the Consumer Protection

         6       Board can address those complaints.

         7                  The intent is to ensure that the

         8       complainant uses and makes available the

         9       complaint services provided by the provider.

        10       One has to recognize that this is a highly

        11       competitive industry, and therefore the

        12       providers of service are very intent on

        13       retaining their customers.  They don't want to

        14       lose those customers, they want to resolve the

        15       complaints, so the focus is on the provider

        16       resolving the complaint.

        17                  In the absence of that, then

        18       there's a provision for the Consumer

        19       Protection Board to intervene.

        20                  SENATOR LIZ KRUEGER:    Mr.

        21       President, on the bill.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Krueger, on the bill.

        24                  SENATOR LIZ KRUEGER:    Thank you.

        25       I appreciate the sponsor's answers to my


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         1       questions.

         2                  I don't think his bill does what we

         3       need to do.  He said they've worked on this

         4       with AARP.  I'm sure that's true.  But as of

         5       today, AARP has put in a memo of opposition

         6       urging us not to vote for this bill.  They

         7       would far prefer we vote for a bill by Senator

         8       Flanagan, S3293.

         9                  And the reasons are that they are

        10       very disturbed that they would not have an

        11       option to cancel after receiving the first

        12       bill and having 15 days to review that bill

        13       and understand technically what they've walked

        14       themselves into.

        15                  They would also prefer a model

        16       where if they made a complaint about being

        17       misinformed or being provided wrongful

        18       information by their provider, that there

        19       would be actually a mechanism to resolve the

        20       complaint, not just report the complaint.

        21                  I certainly agree with the sponsor

        22       that the cellphone industry is a competitive

        23       industry and that they want to keep us as

        24       customers.  But my analysis of agreement with

        25       that leads me to the opposite analysis, which


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         1       is they're certainly not going to flee

         2       New York State.

         3                  New York State is one of the ripest

         4       territories for getting more and more

         5       customers in the cellphone industry -- the

         6       division of the phone industry, by the way,

         7       that they want to grow because they don't have

         8       to worry about putting wires in the ground or

         9       showing up at your house.  So it's a much more

        10       cost-effective model for them.

        11                  They're certainly not going to flee

        12       New York.  They desperately want our business.

        13       I think New York State has a long, important

        14       history of having important consumer

        15       protections, of representing the interests of

        16       our people through consumer protection laws

        17       that may not match any other state in the

        18       country.

        19                  And the fact is we do have the

        20       ability, the power, the authority and I think

        21       the obligation to protect customers under our

        22       consumer protection laws.  And so while I

        23       agree this is a bill that attempts to go

        24       partway, it doesn't go far enough for me.

        25                  I would very much like us to take


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         1       up Senator Flanagan's bill, which has an

         2       Assembly cosponsor, and which would require

         3       disclosure, provide estimates of total monthly

         4       bills.  It would include more detailed

         5       coverage maps of where the phones will work.

         6       It would allow consumers to cancel their

         7       cellphone contracts 15 days after receiving

         8       their first bill without penalty.  It would

         9       require cellphone companies to disclose to

        10       customers the 911 capabilities of the system.

        11                  There's nothing that says we in

        12       New York can't pass good, smart consumer

        13       protections.  I respect Senator Flanagan for

        14       putting out a bill that does that.  I wish

        15       that was the bill we were voting on today,

        16       because I'd be voting yes on that bill.

        17                  But I'll be voting no on this bill,

        18       Mr. President.  Thank you.

        19                  ACTING PRESIDENT GRIFFO:    Thank

        20       you, Senator Krueger.

        21                  Does other Senator wishing to be

        22       heard?

        23                  Senator Wright.

        24                  SENATOR WRIGHT:    Thank you,

        25       Mr. President.  On the bill.


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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Wright, on the bill.

         3                  SENATOR WRIGHT:    I'd like to

         4       point out a couple of pieces of information

         5       for clarification.

         6                  Unfortunately, I was not given the

         7       courtesy of the memo of opposition, so I'm not

         8       aware of what it contains.  What I do know is

         9       that we convened a meeting of the

        10       representatives of AARP here in New York

        11       State, the national representatives of AARP,

        12       and the five major providers in this state.

        13                  As a result of a daylong series of

        14       meetings and dialogue, this was the outcome.

        15       And it also reflects modifications as

        16       requested by AARP.  So they were full

        17       participants.  We wanted to ensure a

        18       cooperative venture.

        19                  I'm not suggesting that this is the

        20       bill they prefer.  Clearly it is not.  But it

        21       is the bill that I believe is in the best

        22       interests of New York State.

        23                  The provisions reflected in the

        24       Flanagan bill, in fact, as requested by AARP,

        25       are consistent with regulations imposed in


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         1       California.  Unfortunately, those regulations

         2       had exactly what we had predicted, and that

         3       was adverse impacts on the consumer and

         4       adverse costs.  As a result, those

         5       requirements were rescinded by the California

         6       Utility Board.

         7                  Similarly, Connecticut has looked

         8       at it and opted to study the issue rather than

         9       impose standards.

        10                  So to date there is no state that

        11       has imposed standards.  We would be the first

        12       under this proposal.  And in turn, it provides

        13       the disclosure and protection necessary for

        14       informed consumers to make informed decisions.

        15                  Equally important, I did not

        16       suggest that the cellphone providers would

        17       leave this state.  We know full well that

        18       New York is a large market, and in fact it's a

        19       very competitive market.  That is not the

        20       issue.  The issue is adding additional costs

        21       to the consumers in this state.

        22                  And that's what happens when you

        23       set a separate set of standards for one state

        24       when you have a national industry with

        25       national standards and national plans.


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         1                  We have attempted to bridge that

         2       gap, ensuring that our consumers have

         3       appropriate and necessary disclosure

         4       information to make clear choices in a

         5       competitive market without any added costs or

         6       burden to that consumer.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT GRIFFO:    Thank

         9       you, Senator Wright.

        10                  Any other Senator wishing to be

        11       heard?

        12                  Debate is closed.  The Secretary

        13       will ring the bells.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 5.  This

        16       act shall take effect on the 180th day.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT GRIFFO:    The

        21       Secretary will announce the results.

        22                  THE SECRETARY:    Those recorded in

        23       the negative on Calendar Number 1882 are

        24       Senators Adams, Breslin, Connor, Diaz, Duane,

        25       Flanagan, Gonzalez, Hassell-Thompson, Huntley,


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         1       Klein, L. Krueger, C. Kruger, Montgomery,

         2       Onorato, Oppenheimer, Parker, Perkins, Sabini,

         3       Sampson, Savino, Serrano, Stachowski and

         4       Stavisky.  Also Senator Thompson.

         5                  Absent from voting:  Senator

         6       Schneiderman.

         7                  Ayes, 37.  Nays, 24.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       2006, by Senator O. Johnson, Senate Print

        13       1353A, an act to amend the Vehicle and Traffic

        14       Law.

        15                  SENATOR LIZ KRUEGER:

        16       Explanation.

        17                  ACTING PRESIDENT GRIFFO:    An

        18       explanation has been requested, Senator

        19       Johnson.

        20                  SENATOR OWEN JOHNSON:    This is

        21       referred to as the Segway bill.  It's an

        22       electric personal assistive mobility device, a

        23       two-wheel, tandem-wheel thing powered by an

        24       electric motor which you can move around on,

        25       up to 12 miles an hour.


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         1                  New York City doesn't want it

         2       there, it's not going to be there.  But they

         3       are using it for their police, so they must

         4       find some value in it as far as portability

         5       goes and moving around.

         6                  This allows it to be used anyplace

         7       where it's not prohibited in the state of

         8       New York, with the exception of the city,

         9       which is off-limits.  Localities can make

        10       their own regulations about it.  But generally

        11       speaking, it's allowed to be used alongside

        12       any roadway, sidewalk, or walkway and so on --

        13       in-line skating aisle, bicycle path, whatever.

        14                  And I think they've proved very

        15       valuable in the industry and very valuable I

        16       think in many cases for moving around your own

        17       community.

        18                  If a person under 16 uses it, rides

        19       it, he has to wear a helmet and so on and so

        20       on.

        21                  Any other questions or comments?

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Krueger, do you wish to ask Senator Johnson a

        24       question?

        25                  SENATOR LIZ KRUEGER:    Yes, I do,


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         1       Mr. President.  You were reading my mind.

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Johnson, do you yield?

         4                  SENATOR OWEN JOHNSON:    Yes, I

         5       will.

         6                  ACTING PRESIDENT GRIFFO:    Perhaps

         7       we can adjust the mike for Senator Johnson.

         8                  Senator Krueger?

         9                  SENATOR LIZ KRUEGER:    Thank you

        10       very much, Mr. President.  Just two questions.

        11                  We have debated this bill before.

        12       I have voted against it before.  I am

        13       delighted to see that the City of New York is

        14       now out of this bill, because I had great

        15       concerns about it in the high-density City of

        16       New York.

        17                  But this bill also takes the

        18       Segway, or the electric personal assistive

        19       mobility device, out of motor vehicle, Vehicle

        20       and Traffic Law.

        21                  So does that mean -- see, if it was

        22       a motor vehicle, there would be insurance

        23       requirements on it.  Since it's now removed

        24       from motor vehicle law, does that mean that

        25       the owner/rider would have no insurance


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         1       requirements on them?  And if so, what happens

         2       if, let's say, I'm driving one, I hit someone

         3       it's no longer a vehicle under motor vehicle

         4       law.  Does the person I harmed have any

         5       redress to me since I'm not required to have

         6       insurance?

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Krueger, can you repeat that question, please,

         9       directly?

        10                  SENATOR LIZ KRUEGER:    Certainly.

        11       I'll try to simplify it.

        12                  My understanding is under this bill

        13       one of these devices would not be defined as a

        14       vehicle under motor vehicle law.  But it could

        15       still hit someone.  And so if I was the person

        16       who was hit, would I have any right to sue?

        17       Would that person have any obligation for

        18       insurance who hit me?

        19                  Because if they were driving a

        20       small motorcycle, they would have insurance

        21       under New York State law.  I think they

        22       wouldn't be required to have insurance under

        23       this law, and I'm wondering if I'm right.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Johnson.


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         1                  SENATOR OWEN JOHNSON:    If persons

         2       cause injury or damage to another person's

         3       property, in many instances you're not

         4       required to have liability insurance, but you

         5       can be sued or people can take you to court

         6       and get compensation.

         7                  Same way here.  It's my impression

         8       that this would be just categorized as a

         9       bicycle, it's so slow and really a very safe

        10       vehicle, pedestrian-safe.  If you run into

        11       them, you bounce off a little bit.

        12                  So probably your homeowner's

        13       insurance would cover that, and I think

        14       that's -- so we didn't get into the insurance.

        15       It's not a motor vehicle as such under the

        16       insurance law.  Under motor vehicle law, I

        17       mean.

        18                  So I think you're on your own.  But

        19       it's just like a bicycle or your kid's on

        20       in-line skates, runs into somebody on the

        21       sidewalk.  Same situation.

        22                  SENATOR LIZ KRUEGER:    Thank you.

        23       On the bill, Mr. President.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Krueger, on the bill.


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         1                  SENATOR LIZ KRUEGER:    Well --

         2                  SENATOR OWEN JOHNSON:    I might

         3       add that 47 other states have adopted this

         4       already, including most of our surrounding

         5       states.  And they haven't raised that problem

         6       there.

         7                  ACTING PRESIDENT GRIFFO:    Thank

         8       you, Senator Johnson.

         9                  Senator Krueger, on the bill.

        10                  SENATOR LIZ KRUEGER:    Thank you,

        11       Mr. President.

        12                  Well, I have a memo here from the

        13       New York State Conference of Mayors and

        14       Municipal Officials saying it's an unfunded

        15       mandate, that while they'll have the ability

        16       to opt out of this law and choose not to have

        17       these vehicles used on their sidewalks and/or

        18       on their roadways or highways -- and I agree

        19       with them that I think it is an unfunded

        20       mandate.

        21                  I'm also, again, concerned that we

        22       have no-fault and insurance for other

        23       motorized vehicles that are used on our

        24       streets but this would no longer recognize

        25       these devices as a vehicle but, as Senator


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         1       Johnson aptly said, more like a bicycle.  My

         2       concern of course is I'm not sure they are

         3       like bicycles.  I think they are, perhaps,

         4       more like electronic scooters.

         5                  And so I still wonder whether we

         6       are making the right decision by saying it's

         7       okay unless a locality goes through the

         8       process of voting not to make it okay in their

         9       communities.

        10                  But I also recognize that it's very

        11       different in Senator Johnson's district than

        12       it is in my own district.  I do understand

        13       that the uses or the concerns in a rural or a

        14       suburban area, or an area with large

        15       sidewalks, or an area with large bike paths,

        16       may be different than the City of New York.

        17                  So since a city of a million or

        18       more -- hence, the City of New York -- would

        19       still not allow these vehicles, despite my

        20       continuing concerns about liability and safety

        21       and traffic congestion patterns on sidewalks

        22       and roads, I will vote for the bill this year

        23       and hope that we educate all the towns and

        24       townships and villages in this state to their

        25       right to say no, this isn't going for work for


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         1       us, we don't want these vehicles on our

         2       streets and/or on our sidewalks.

         3                  I also think there continues to be

         4       a problem in the bill involving the right to

         5       declare that you are disabled and therefore

         6       need to use one of these even if your local

         7       town or village is opposed to them, because it

         8       doesn't have the same standard of disability

         9       and proof of disability that we require for

        10       people to prove disability for special permits

        11       and documentation for cars and other vehicles.

        12                  So with continuing concerns, but

        13       with respect for other localities' rights to

        14       make their own decisions, this year I'll vote

        15       yes.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT GRIFFO:    Thank

        18       you, Senator Krueger.

        19                  Any other Senator wishing to be

        20       heard?

        21                  Debate is closed.  The Secretary

        22       will ring the bells.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 4.  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                  ACTING PRESIDENT GRIFFO:     The

         5       Secretary will announce the results.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 2006 are

         8       Senators Leibell, Marcellino, Morahan,

         9       Oppenheimer, Sabini and Saland.

        10                  Absent from voting:  Senator

        11       Schneiderman.

        12                  Ayes, 56.  Nays, 6.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       2024, by Senator Bonacic, Senate Print 6294 --

        18                  SENATOR KLEIN:    Explanation.

        19                  ACTING PRESIDENT GRIFFO:

        20       Explanation, Senator Bonacic.

        21                  SENATOR BONACIC:    Thank you,

        22       Mr. President.

        23                  This is an act to amend the

        24       Retirement and Social Security Law in relation

        25       to the investment of public funds with


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         1       companies doing business with nations

         2       identified as state sponsors of terrorism.

         3       The bill directs the New York State

         4       Comptroller to refrain from investing pension

         5       funds in companies that do business with or in

         6       nations identified as state sponsors of

         7       terrorism.

         8                  I was motivated to do this

         9       legislation by an article that I had seen in

        10       the Wall Street Journal within the last ten

        11       days by a Sarah Steelman, who's the Missouri

        12       state treasurer.  And she is on a campaign

        13       with all of the states in the country to do

        14       legislation of this nature.

        15                  But as far as I'm concerned, when

        16       we put money into the hands of terrorists,

        17       it's equivalent to arming the terrorists.  Our

        18       state pension fund is somewhere between

        19       $140 billion and $145 billion.  And we should

        20       not be supporting or investing in those

        21       companies that profit from doing business with

        22       these terrorist nations.

        23                  Our country has a balanced set of

        24       statutes which determine who is or isn't a

        25       state terrorist.  There are factual inquiries,


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         1       and it's determined by the conduct of those

         2       nations.  And it's not political inquiries to

         3       be determined by the politics of our own

         4       nation.

         5                  There are five presently on the

         6       list.  It is Cuba, it is Iran, it is North

         7       Korea, it is Sudan and it is Syria.

         8                  You know, President Bush, when he

         9       spoke on the days following 9/11, said -- and

        10       I'm not going to get into whether his deeds

        11       matched his words, but his words were good.

        12       He said:  "Either you are with us or with the

        13       terrorists."  Let's not allow our public

        14       employee monies to be with the terrorists.

        15                  ACTING PRESIDENT GRIFFO:    Thank

        16       you, Senator Bonacic.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    On the bill,

        19       Mr. President.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Klein, on the bill.

        22                  SENATOR KLEIN:    I welcome Senator

        23       Bonacic to the fight against terrorism

        24       involving our pension fund.

        25                  I was very proud that this past


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         1       Sunday I was joined by Senator Eric Adams,

         2       Senator Craig Johnson, and Senator Toby

         3       Stavisky, where we announced legislation that

         4       I introduced about a month ago really that

         5       mirrors what Senator Bonacic is trying to pass

         6       today.

         7                  In addition to the legislation, we

         8       also released a very comprehensive analysis of

         9       the New York State pension fund.  As Senator

        10       Bonacic said, New York State's pension fund is

        11       the second largest in the United States.  And

        12       it's a total of $140 billion serving about

        13       995,000 members.

        14                  One of the things we were able to

        15       do is by taking a look at the pension fund's

        16       equity investments, we passed it on to an

        17       organization which specializes in analyzing

        18       pension funds all over the United States to

        19       see if any of the companies that these pension

        20       funds are invested in are in turn supporting

        21       countries that are sponsoring terror.

        22                  As Senator Bonacic said, there are

        23       several nations which are on the State

        24       Department's index or watch list.  And the

        25       countries that I'm concerned about are North


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         1       Korea, Iran, Sudan, as well as Syria.  When I

         2       in turn passed our information from our

         3       New York State pension fund to this

         4       organization, called Conflict Securities, when

         5       that they ran their analysis, we found, lo and

         6       behold, that our $140 billion pension fund,

         7       $14 billion of that pension fund is indeed

         8       invested in corporations that are in turn

         9       doing business with one of these four nations.

        10                  That's 16 percent of our total

        11       pension fund investments, our equity fund

        12       investments, and it represents 232 companies.

        13       And these aren't small investments.  Some of

        14       these investments are quite large.

        15                  As a matter of fact, upon further

        16       analysis, we were able to find some of the

        17       investments that are over $100 million in the

        18       New York State pension fund.  And again, these

        19       are companies that are in fact doing business

        20       with these nations that are sponsoring terror.

        21                  Over $500 million in the New York

        22       State pension fund invested in the Chevron

        23       Corporation, which has a connection and does

        24       business with Sudan.  ConocoPhillips, total

        25       investment of $402 million, does business with


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         1       Iran and Syria.  Coca-Cola, over $249 million

         2       in investments, does business with Iran, North

         3       Korea, Sudan as well as Syria.  Royal Dutch

         4       Shell, over $209 million in investments, does

         5       business with Iran, Sudan and Syria.  There

         6       are several others on this list as well.

         7                  I think it's very, very important

         8       for us in New York State not to be behind the

         9       curve but ahead of the curve.  There's several

        10       states out there, like California, like

        11       New Jersey, like Florida, as well as Missouri,

        12       that have passed comprehensive legislation

        13       which would indeed give the state comptroller

        14       the ability and discretion to divest, if

        15       necessary, from these companies that do

        16       business with one of these four nations.

        17                  We've done this in the past.  This

        18       is not something that's new.  We've used

        19       social investing very, very well in New York

        20       State on a lot of very, very important issues.

        21       We were able to change policies in South

        22       Africa and end apartheid through the power of

        23       our pension.  We were able to change things in

        24       Northern Ireland, again because of our pension

        25       fund.


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         1                  When Alan Hevesi was state

         2       comptroller, he brought the Swiss banks to

         3       their knees when they weren't properly paying

         4       reparations to Holocaust survivors.  The list

         5       goes on and on.

         6                  Again, I think this has come a time

         7       when New York State, while we're sending our

         8       men and women overseas each and every day to

         9       fight a war on terror, we're not using our

        10       most lethal weapon against terrorism, our

        11       $140 billion pension fund.

        12                  I think also it's worth looking at

        13       history once again.  By actually sponsoring a

        14       company or investing in a company that does

        15       business with a nation like Iran, where

        16       there's clear evidence that they're sponsoring

        17       terror, that's the equivalent of the United

        18       States investing in, let's say, Nazi Germany

        19       or Imperial Japan in 1941.

        20                  You know, I think we really have to

        21       use the power of our pension fund.  Maybe not

        22       necessarily to divest, but certainly I think

        23       we can certainly change policies in these

        24       corporations to, I think, help us fight the

        25       war on terror.


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         1                  So while I support this legislation

         2       and I congratulate Senator Bonacic for

         3       actually bringing this before us today, I

         4       think this is a long road.  And I hope all of

         5       us here today, both sides of the aisle, in a

         6       bipartisan fashion can show that New York

         7       State will not be behind the curve, that we

         8       will join California, we will join Missouri,

         9       we will join Florida and these other states in

        10       really using the leverage, our financial

        11       resources, that we have invested in our

        12       pension funds to do some good and do our part

        13       in New York State to help fight terror.

        14                  Thank you, Mr. President.

        15                  ACTING PRESIDENT GRIFFO:    Thank

        16       you, Senator Klein.

        17                  Senator Craig Johnson.

        18                  SENATOR CRAIG JOHNSON:    Thank

        19       you.  On the bill.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Johnson, on the bill.

        22                  SENATOR CRAIG JOHNSON:    I want to

        23       commend and congratulate Senator Bonacic for

        24       this piece of legislation.

        25                  And I also want to commend my good


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         1       friend Jeffrey Klein for the legislation which

         2       is a similar piece, that when we spoke on

         3       Father's Day in New York City in front of the

         4       U.N. to make the point that this really is not

         5       just a New York effort but a worldwide effort

         6       to force divestiture in these nations.

         7                  I introduced a bill last month that

         8       would authorize the Comptroller to divest from

         9       Iran.  It has an Assembly same-as piece,

        10       sponsored by Chuck Lavine.  And it's ready to

        11       be passed, that we can take the first step to

        12       authorize our Comptroller, Tom DiNapoli, to

        13       start the process to divest from foreign

        14       companies that do business in Iran.

        15                  Because that right now is probably

        16       the greatest threat in the Middle East.  They

        17       are starting a nuclear program.  Everyone

        18       knows about that.  They are funding terrorist

        19       activities not just in Iraq, but also, in

        20       likelihood, in Palestine and fostering the

        21       problems in the Palestine/Israel conflict.

        22       And, quite frankly, they are the greatest

        23       threat to our greatest friend in the Middle

        24       East, Israel.

        25                  But I'm happy to stand up here and


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         1       support this bill that Senator Bonacic has put

         2       forth.  We have to address certain particular

         3       issues that make a little bit more complex.

         4       For instance, we as a country are not

         5       permitted to have our companies divest in Iran

         6       or North Korea or Sudan.  A little bit of a

         7       difficulty is that there is no law that

         8       prohibits U.S. companies from investing in

         9       Syria.  That's something we should probably

        10       address.  That's something we should have our

        11       Congress take up.  Because Syria is a threat

        12       to stability in the Middle East, and this is a

        13       an issue that we should be urging our

        14       representatives in Congress to take up.

        15                  But right now we need to move this

        16       forward.  I'm going to work with you, Senator

        17       Bonacic, to find an Assembly sponsor.  I

        18       didn't see anywhere there was an Assembly

        19       sponsor.  But I'm going speak to my

        20       colleagues, my friend in the Assembly.  Even

        21       the Assembly sponsor for my Iran legislation,

        22       Chuck Lavine.  Hopefully we can get him maybe

        23       to get on board and move this forward, because

        24       it's so important.

        25                  We really do have to put our money


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         1       where our mouth is, so to speak.  And we

         2       really need to have our strength of our

         3       pension fund say no to investing in companies

         4       that invest in countries that do terrorist

         5       activities.

         6                  So I congratulate you, Senator

         7       Bonacic.  I congratulate you, Jeffrey Klein,

         8       Senator Klein, for your leadership.  And I

         9       thank you very much.

        10                  I will be voting yes,

        11       Mr. President.  Thank you.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Duane, on the bill.

        14                  SENATOR DUANE:    Thank you,

        15       Mr. President.

        16                  I was pleased to vote for Senator

        17       Robach's legislation regarding the State

        18       Comptroller's using our pension funds as a way

        19       to stop the genocide in the Darfur.  And in

        20       addition, I also reached out to the Governor

        21       and to the Comptroller on that issue.

        22                  In regard to specifically this

        23       legislation, I think that the embargo that

        24       we've had against Cuba is frankly stupid.  And

        25       because they are included on the U.S. list, I


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         1       think that makes this legislation

         2       unfortunately one that I can't support.  And I

         3       think that that's been a ill-conceived policy

         4       and one which has actually stopped the

         5       relationship and in fact the spread of

         6       democracy in that nation.

         7                  So I'm going to be voting in the

         8       negative when it comes up for a vote here,

         9       Mr. President.

        10                  ACTING PRESIDENT GRIFFO:    Is

        11       there any other Senator wishing to be heard?

        12                  Senator Perkins.

        13                  SENATOR PERKINS:    Through you,

        14       Mr. President, I'd like to ask the sponsor a

        15       quick question.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Bonacic, will you yield for a question?

        18                  SENATOR BONACIC:    Of course.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Perkins.

        21                  SENATOR PERKINS:    Thank you so

        22       much.

        23                  Just in your remarks you mentioned

        24       some of the countries that this legislation

        25       might apply to.  I'm not sure if you meant


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         1       that the legislation applied to them or if it

         2       was just some countries that you were

         3       mentioning.

         4                  I just want to be clear about Cuba.

         5       Because as my colleague noted, I don't also

         6       see Cuba as a terrorist nation.  And I was

         7       wondering if this legislation actually applies

         8       to Cuba as well.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Bonacic.

        11                  SENATOR BONACIC:    It does.

        12                  The United States Department of

        13       State determines the countries which are

        14       deemed to be sponsors of terrorism.  And Cuba

        15       in particular has been designated since March

        16       1st of 1982 and has continued with that

        17       designation on all of the presidents from '82

        18       to the present time.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Perkins.

        21                  SENATOR PERKINS:    On the

        22       legislation, Mr. President.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Perkins, on the bill.

        25                  SENATOR PERKINS:    On the bill.


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         1                  I appreciate the explanation.  And

         2       I also very much appreciate what it is that

         3       you're attempting to do.  In fact,

         4       conceptually and in many details, I actually

         5       would be supportive of it and would commend

         6       you in the direction that you're suggesting

         7       that we should go.

         8                  But as you mentioned, Cuba still

         9       being on that list is a concern of mine.  And

        10       so I therefore will not be able to be

        11       supportive of this bill.  But you can be sure

        12       that we're on the same wavelength otherwise.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Larkin, on the bill.

        15                  SENATOR LARKIN:    Thank you,

        16       Mr. Speaker.

        17                  First I'd like to congratulate my

        18       colleague Senator Bonacic for being

        19       forthright.  And I thank Senator Klein, we've

        20       talked before about some of the issues, and

        21       Johnson.  But I think specifically what

        22       Senator Bonacic is really laying out is a

        23       clear plan of what we should be doing.

        24                  You know, we look everyday at the

        25       media, we look at the TV, we listen to the


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         1       radio, we read papers, and we understand where

         2       the world is at.  But we're the leaders of the

         3       free world, and we have to take some

         4       positions.

         5                  I understand what Senator Perkins

         6       said he can't -- I understand what Senator

         7       Duane said he can't adjust to it.  But let's

         8       be realistic.  We have a golden opportunity

         9       now, in conjunction with our Comptroller, to

        10       put forth some restrictions on what we do with

        11       our pension funds.  We're not talking about

        12       the State Legislature's pension fund, we're

        13       talking about pension funds.  We're talking

        14       about the responsibilities and authority we

        15       want the Comptroller to do.

        16                  We can't stand around and say this

        17       is wrong, this is wrong, this is wrong and

        18       then when something happens, well, why didn't

        19       you do something?  What we're basically saying

        20       in this legislation is that we want to give

        21       some power to the Comptroller and let him look

        22       at it.

        23                  This is serious business.  And I

        24       think we've got to open our eyes and not just

        25       say, Well, I don't like it because of this.  I


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         1       think you'd better start to think.  You'd

         2       better start to think.  Because this is

         3       serious business.

         4                  Someone just said let's look at

         5       Syria, let's look at this here and let's look

         6       at that.  This is a step right up.  I strongly

         7       suggest you think about how you vote on this

         8       bill.  I'm voting aye.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Larkin.

        11                  Senator Serrano.

        12                  SENATOR SERRANO:    Thank you,

        13       Mr. President.

        14                  I also rise to echo the concerns of

        15       many of my colleagues regarding the inclusion

        16       of Cuba on this list.  I think the fact that

        17       Cuba is listed, and not other countries with

        18       similar political persuasions, such as China,

        19       shows that there is a political slant to the

        20       information provided by the State Department.

        21                  And I would say that since the

        22       State Department's information is the basis of

        23       this bill, that we should consider that the

        24       information is not good.  And if we continue

        25       to disinvest, and Senator Duane talked about


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         1       the embargo, illegal embargo -- but if we

         2       continue to disinvest in places like Cuba, all

         3       we are doing is hurting the people of that

         4       island nation.

         5                  So it's very important that we

         6       think long and hard and not paint with a broad

         7       brush and simply say that all of these on this

         8       list are bad and therefore we should not

         9       invest.  We should look at the politics behind

        10       it and the politics back in 1982 in which Cuba

        11       was then put on this list and see, has Cuba --

        12       can anyone in this chamber tell me has Cuba

        13       been a threat to our national security?  It's

        14       really not.

        15                  And we need to revisit our

        16       relationship with Cuba.  And I think we also

        17       need to revisit, in this legislation, the

        18       inclusion of that country and really go after

        19       the countries that sincerely wish to do harm

        20       to this nation.

        21                  Thank you.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Stavisky.

        24                  SENATOR STAVISKY:    Thank you,

        25       Mr. President.  And thank you, Senator Klein,


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         1       Senator Bonacic, for bringing this issue to

         2       our attention.

         3                  I wish Cuba were not on the list.

         4       But there are four countries that are on the

         5       list.  And we know that North Korea and the

         6       Sudan and Syria -- and there's one more --

         7       Iran, these four nations are on the list.

         8       There are foreign investments.

         9                  This is something I think extremely

        10       important.  Divestiture has been successful

        11       over the years.  It worked with apartheid

        12       until there was a government change in South

        13       Africa.  This is something that can work.  And

        14       it seems to me that New York State pension

        15       funds can be invested in a fiscally

        16       responsible manner to have a good return on

        17       the investment and at the same time that we

        18       act in a socially responsive and responsible

        19       manner.

        20                  And I think it's extremely

        21       important that New York State begin its

        22       divestiture of funds in countries that there's

        23       no question do support terror, and those four

        24       countries do.

        25                  Thank you, Mr. President.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       chair recognizes Senator Diaz for a very brief

         3       explanation.

         4                  SENATOR DIAZ:    Thank you,

         5       Mr. Chairman.

         6                  This is a great bill, and I

         7       congratulate Senator Bonacic on this bill.

         8       The only thing that I question is, are we

         9       willing to stop such a good bill because Cuba

        10       is included?  Are we now becoming the Cuban

        11       ambassador here?  I believe Cuba has Hugo

        12       Chavez to spend his oil money there.

        13                  So please, ladies and gentlemen,

        14       we're talking business here.  We're talking

        15       very serious threats against our country, our

        16       nation, and we're saying Cuba, Cuba, Cuba.

        17                  Cuba -- Fidel has been there for

        18       40-some years, and he's still alive and

        19       kicking.  And now he has Hugo Chavez to help

        20       him.  So don't come here saying that we cannot

        21       support this bill and let Iran and Iraq and

        22       all those terrorist nations getting away

        23       because of Cuba.

        24                  This is a good bill.  I'm voting in

        25       favor of it.


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         1                  ACTING PRESIDENT GRIFFO:    Thank

         2       you, Senator Diaz.  Is there any other Senator

         3       that wishes to be heard?

         4                  Debate is closed.  The Secretary

         5       will ring the bells.

         6                  The Secretary will read the last

         7       section.

         8                  THE SECRETARY:    Section 4.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Hassell-Thompson, to explain her vote.

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Mr. President.  Just very briefly.

        17                  I appreciate the sentiment and the

        18       intent of this bill, but I will have to vote

        19       no with the inclusion of Cuba.  Cuba does not

        20       fall into the category of the intent of this

        21       bill as I understood it.  So I will in fact be

        22       voting no.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Hassell-Thompson to be recorded in the

        25       negative.


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         1                  Senator Perkins, to explain his

         2       vote.

         3                  SENATOR PERKINS:    Thank you,

         4       Mr. President.  I just want to explain my vote

         5       a little bit.

         6                  You know, I again can't express

         7       enough my appreciation to the sponsor for the

         8       direction in which this bill is going, again

         9       with the exception of having included Cuba.

        10       Cuba, quite the opposite of being a terrorist,

        11       has an outstanding record of being an

        12       ambassador of goodwill, especially for

        13       developing countries, whether it be in Africa,

        14       whether it be in South America.

        15                  So I know the history of why that

        16       country has been declared a terrorist.  But

        17       you know, Nelson Mandela was declared a

        18       terrorist and spent quite a few years in jail

        19       because of that.  And so, you know,

        20       yesterday's terrorists are really today's

        21       heroes and freedom fighters.

        22                  And so I just want to hope that we

        23       can move the State Department, if necessary,

        24       to get the record straight.  Because Cuba is

        25       quite a remarkable accomplishment for a lot of


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         1       underdeveloped countries as a way to become

         2       successful.

         3                  Thank you.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Perkins, how do you vote?

         6                  SENATOR PERKINS:    I'm voting in

         7       the negative.  Thank you.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Perkins will be recorded in the negative.

        10                  Senator Volker.

        11                  SENATOR VOLKER:    Mr. President, I

        12       normally don't get into these esoteric

        13       debates, but may I remind some people that

        14       Cuba almost got us into World War III when the

        15       Russian missiles were moved to Cuba?

        16                  And let me remind you that a lot of

        17       the aid they've given to those counties is

        18       guns and weapons.  You know, it's still a

        19       totalitarian country.  And I realize that

        20       Fidel Castro is a very clever guy and has put

        21       all kinds of stuff out that he's really a

        22       wonderful guy and he's a great guy.

        23                  You only need to talk to some of

        24       the people in Florida who came from Cuba.

        25       They will tell you about what a wonderful


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         1       fellow he is and what a wonderful country Cuba

         2       is.

         3                  I'm always amazed at the fact that

         4       some people seem to think just because you

         5       haven't bombed anybody lately, or that you

         6       haven't killed anybody that we know of, that

         7       they're a fine country.  But we know one

         8       thing.  They're not on our side, that's for

         9       sure.  And not only are they not on our side,

        10       they're on the side of communist countries all

        11       over the world.

        12                  So I just have a problem -- I'm not

        13       so worried about Cuba, I'm a lot more worried

        14       about other people, except for one thing.

        15       Cuba sits right next to us.  And they are a

        16       very dangerous country.

        17                  I vote aye.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Volker to be recorded in the affirmative.

        20                  Senator Parker, to explain his

        21       vote.

        22                  SENATOR PARKER:    Mr. President,

        23       to explain my vote.

        24                  First let me thank Senator Bonacic

        25       for his work on this bill.  This is really,


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         1       really important, really critical for our

         2       nation.  I will be voting aye on this bill

         3       because I think that it's incredibly important

         4       that we put our money where our mouth is, or,

         5       in this case, take our money out of places

         6       that are in fact presenting a danger to this

         7       country.

         8                  But I certainly have some concerns

         9       about Cuba being involved in this list.  I

        10       think we should not be ahistorical about this

        11       and we should understand that if you have a

        12       problem with Fidel Castro, understand that

        13       this government put Fidel Castro in power.  If

        14       anybody's interested in a little history

        15       lesson, my office is 517, and I'll go through

        16       it with you year by year.

        17                  A man educated in this country and

        18       put up against the Battista government.  So,

        19       you know, we should not -- we should be very,

        20       very careful about how we talk about these

        21       things.

        22                  But this is an important bill and I

        23       think that this piece of it, although

        24       important, does not -- is not a poison pill

        25       for this particular bill.  So I'll be voting


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         1       aye.

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Parker to be recorded in the affirmative.

         4                  I was concerned that Senator

         5       Brodsky might want to explain his vote too --

         6       Assemblyman Brodsky.

         7                  Senator Robach to explain his vote,

         8       the pride of Brockport.

         9                  SENATOR ROBACH:    Yes,

        10       Mr. President, just briefly.  I rise to

        11       support this.

        12                  And earlier this year we passed a

        13       bill to do similar measures in Darfur, which

        14       everyone knows what's going on there.  Very

        15       bad atrocities, the women, children,

        16       displacement.  Don't even like to think about

        17       what's going on there.

        18                  And unfortunately the need for

        19       these types of bills comes from a variety of

        20       reasons in response to these terrible

        21       atrocities.  We really, in today's world -- I

        22       would like to think that a place like the U.N.

        23       would rise, when there's such obvious acts of

        24       terrorism and even worse in some cases, where

        25       people are being killed, hurt, maimed,


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         1       civilians, not soldiers, people going about

         2       their everyday life of all ages.  But

         3       unfortunately, that doesn't exist.

         4                  So the one thing we can do that is

         5       meaningful in today's world is express

         6       ourselves via the usage of our resources, our

         7       dollars.  And unfortunately, I think until

         8       things get better in the world, we're going to

         9       have to continue to try and take these steps

        10       not only as New Yorkers but as human beings to

        11       try and make the world a better place.

        12                  So I applaud Senator Bonacic for

        13       this bill, and the others supporting this, and

        14       proudly cast my vote in the affirmative.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Robach to be recorded in the affirmative.

        17                  Senator Nozzolio, to explain his

        18       vote.

        19                  SENATOR NOZZOLIO:    Mr. President,

        20       I rise and ask to explain my vote.

        21                  I wish to be recorded in the

        22       affirmative on this legislation.  I was not

        23       intending to rise, but when I heard the

        24       comment that yesterday's terrorist could be

        25       tomorrow's hero, it disturbed me greatly.


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         1                  There were 3,000 Americans, most of

         2       whom were New Yorkers, that were shot out of

         3       the sky because of terrorist-sponsored murder.

         4       We shall not forget what occurred to our

         5       nation and our state in the City of New York

         6       on September 11th.  I shudder to think that

         7       anyone could characterize terrorist activities

         8       in the words of heroism, on the side of the

         9       terrorists.

        10                  The only heroes that we saw that

        11       day of September 11th were those who gave

        12       their lives so that others could live.  And

        13       the destruction of the terrorists to our

        14       fabric of living in our society is deep, and

        15       it shall not be forgiven.  And it certainly

        16       shall not be forgotten.

        17                  I'm shocked that that could ever be

        18       characterized in such a trivial way.  That we

        19       have to do all we can to support legislation

        20       like Senator Bonacic has brought to the floor

        21       today, to send the signal that we will not

        22       tolerate this type of activity against the

        23       United States of America.  That the largest,

        24       most horrific crime ever to take place on

        25       American soil took place that day because of


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         1       terrorist activities.

         2                  And I rise with righteous

         3       indignation and a great deal of sadness to

         4       have to proclaim and to remind some that that

         5       day was the culmination of terrorist

         6       activities.  And that the real heroes will

         7       never be the terrorists.  The real heroes were

         8       those brave men and women, firefighters,

         9       emergency medical personnel, police officers,

        10       who risked their lives to save others in that

        11       horrific tragedy.

        12                  Mr. President, I vote aye.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Nozzolio to be recorded in the affirmative.

        15                  Senator Serrano, to explain his

        16       vote.

        17                  SENATOR SERRANO:    Hi.  Just to

        18       clarify, Senator Perkins was mentioning Nelson

        19       Mandela, who was called a terrorist and then

        20       obviously proven otherwise.

        21                  Just to make sure that the record

        22       reflects what was actually said by Senator

        23       Perkins, he was referring to Nelson Mandela,

        24       who I feel everyone in this chamber here

        25       reveres as someone who did do many great


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         1       things and continues to do so.

         2                  And I think it's shameful to use --

         3       to invoke the souls of those lost on September

         4       11th to instill fear on this issue when we've

         5       been talking about Cuba very specifically.  We

         6       all agree that what was done on September 11th

         7       was horrible.  But that should not preclude us

         8       from being smart about a bill that includes

         9       Cuba.

        10                  So I think it's important that we

        11       not mix things up and continue to sully this

        12       entire debate.  We have to focus on what it

        13       is, and that is the one point.

        14                  I vote no.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Serrano to be recorded in the negative.

        17                  Senator Diaz, to explain his vote.

        18                  I may remind you, Senator Diaz, we

        19       are under Rule 9, Section 3.

        20                  SENATOR DIAZ:    And that means two

        21       minutes.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       two-minute rule.

        24                  SENATOR DIAZ:    No, I'll only take

        25       one.  Just to tell my colleague Senator


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         1       Serrano that it is not a shame to invoke the

         2       memory of 9/11.

         3                  On the contrary, 9/11 shall never

         4       be forgotten.  And we always -- it will never

         5       be forgotten.  And it is not a scaring tactic

         6       to invoke the memory of 9/11.  9/11, our city

         7       was attacked by terrorists.  That was

         8       something that more than 3,000 people gave

         9       their life -- firemen, police officers,

        10       everybody.  That's a day of shame, a day to

        11       remember.

        12                  And I am sorry to hear my colleague

        13       saying that it's a shame to invoke that

        14       memory.  No, it's not a shame.  That is a day

        15       that shall never be forgotten and shall be

        16       always talking about in the memory so our

        17       children, our nation and never we forget that

        18       date.  That's the day that should always be

        19       remembered.

        20                  I'm voting yes.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Diaz to be recorded in the affirmative.

        23                  Announce the results.

        24                  THE SECRETARY:    Those recorded in

        25       the negative on Calendar Number 2024 are


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         1       Senators Duane, Gonzalez, Hassell-Thompson,

         2       Perkins, and Serrano.

         3                  Absent from voting:  Senator

         4       Schneiderman.

         5                  Ayes, 56.  Nays, 5.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       2026, by Senator Maziarz, Senate Print 6356,

        11       an act to amend the Labor Law.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Little.

        14                  SENATOR LITTLE:    Thank you,

        15       Mr. President.

        16                  This is a bill that I have

        17       supported in the past, and it deals with

        18       public works projects and the prevailing wage

        19       rate.  But I do have a few questions that I

        20       would like to ask the sponsor for purposes of

        21       clarification.

        22                  So would the sponsor yield to a few

        23       brief questions?

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Maziarz, will you yield?


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         1                  SENATOR MAZIARZ:    Certainly,

         2       Mr. President.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Little.

         5                  SENATOR LITTLE:    Thank you.

         6       Thank you, Senator Maziarz.

         7                  Just to clear this up so that we

         8       don't have any misunderstanding -- and I do

         9       have a letter from the Association of Towns

        10       also looking for clarification on this -- if,

        11       and this happens in my district quite

        12       frequently, a developer is building some

        13       houses and he builds them on a cul-de-sac, he

        14       builds the road and then, when the houses are

        15       complete and the development is ready, the

        16       town gets the deed to the road and takes over

        17       that road to those houses.

        18                  My question to the sponsor is,

        19       would the developer have to use -- would he be

        20       required to use prevailing wage rates in

        21       developing that road before it even becomes a

        22       town road?

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Maziarz.

        25                  SENATOR MAZIARZ:    That is not the


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         1       intent of this legislation, no.

         2                  SENATOR LITTLE:    Thank you.

         3                  Also, if you live in the city, in

         4       the city of Glens Falls, and your sidewalk is

         5       in pretty disrepair, you can replace that.  So

         6       if I were to replace my sidewalk in front of

         7       my house, would I be required -- would that be

         8       considered a public works project?  Would I be

         9       required to use prevailing wage rate, is my

        10       question to the sponsor.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Maziarz.

        13                  SENATOR MAZIARZ:    Well, I think I

        14       would comment that if you have a broken

        15       sidewalk and you live in Glens Falls, you

        16       should maybe consider moving to the city of

        17       North Tonawanda, where they don't have broken

        18       sidewalks.  No, that's just a --

        19                  (Laughter.)

        20                  SENATOR LITTLE:     I will take

        21       that under consideration.

        22                  SENATOR MAZIARZ:    The answer it

        23       your question is no, Senator.

        24                  SENATOR LITTLE:    Thank you,

        25       Senator.


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         1                  Also, frequently when you are

         2       building a house you need to do a sewer or

         3       water hookup to a municipal water supply.

         4       From the house to the sewer water hookup, is

         5       that considered a public works project and

         6       would prevailing wage be necessary?

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Maziarz.

         9                  SENATOR MAZIARZ:    No.  No, it's

        10       not the intent of this legislation.

        11                  SENATOR LITTLE:    Thank you.  I

        12       believe that clarifies the intent of the

        13       legislation, and I thank the sponsor for

        14       responding.

        15                  SENATOR MAZIARZ:    Thank you.

        16                  ACTING PRESIDENT GRIFFO:    Thank

        17       you, Senator Little.  Thank you, Senator

        18       Maziarz.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 5.  This

        21       act shall take effect on the 60th day.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.  Nays,


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         1       0.

         2                  Senator Schneiderman absent from

         3       voting.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  The Secretary will read the

         7       supplemental active list, noncontroversial.

         8                  THE SECRETARY:    Calendar Number

         9       531, by Senator Volker, Senate Print 3844A, an

        10       act to amend the Penal Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect on the first of

        15       November.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Those recorded in

        20       the negative on Calendar Number 531 are

        21       Senators Adams, Hassell-Thompson and Parker.

        22                  Ayes, 58.  Nays, 3.

        23                  ACTING PRESIDENT GRIFFO:     The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       532, by Senator Volker, Senate Print 3845A, an

         2       act to amend the Penal Law.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Those recorded in

        12       the negative on Calendar Number 532 are

        13       Senators Hassell-Thompson, Montgomery and

        14       Parker.

        15                  Ayes, 58.  Nays, 3.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       636, by Senator Skelos, Senate Print 4058B, an

        20       act to amend the General Business Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the 60th day.

        25                  ACTING PRESIDENT GRIFFO:    Call


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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 61.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 952, Senator Golden moves to

         8       discharge, from the Committee on Rules --

         9                  SENATOR DUANE:    Lay it aside,

        10       please.

        11                  THE SECRETARY:    -- Assembly Bill

        12       Number 8930 and substitute it for the

        13       identical Senate Bill Number 4078A, Third

        14       Reading Calendar 952.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       substitution is ordered.

        17                  Senator Duane, do you wish to lay

        18       it aside?

        19                  SENATOR DUANE:    Yes,

        20       Mr. President.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is laid aside.

        23                  The Secretary will continue to

        24       read.

        25                  THE SECRETARY:    Calendar Number


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         1       1150, by Senator Libous, Senate Print 1589D,

         2       an act to amend the Vehicle and Traffic Law.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 5.  This

         6       act shall take effect on the 180th day.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 61.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1193, by Senator Sabini, Senate Print 1725B,

        15       an act to amend the Racing, Parimutuel

        16       Wagering and Breeding Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Sabini, to explain his vote.


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         1                  SENATOR SABINI:    Thank you,

         2       Mr. President, to explain my vote.

         3                  This bill comes out of the -- to

         4       correct what I feel and many feel was an

         5       inequity in racing law, where we had a

         6       situation where, in an effort to broaden the

         7       appetite for people at OTBs, that they could

         8       see tracks from out of state and even other

         9       countries, and that by doing that we would

        10       protect New York's equine agriculture and

        11       racing by making sure that the New York tracks

        12       were held harmless if their handles from OTBs

        13       dropped.

        14                  That was misused and misinterpreted

        15       about a year and change ago, two years ago,

        16       when one of our tracks stopped racing for a

        17       long period of time and yet tried to bill the

        18       OTBs money despite the fact that the OTBs were

        19       then forced to pay for racing that didn't

        20       exist.  So this bill tries to correct that

        21       inequity.

        22                  I want to thank Chairman Larkin for

        23       his support on this and the various OTBs

        24       around this state.  It really just corrects

        25       the intention of what the Legislature really


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         1       wanted to happen, which is make everybody

         2       whole here and ensure that our tracks and our

         3       OTBs stayed flourishing or at least doing as

         4       best they can in tough circumstances.

         5                  And as I said, I wanted to thank

         6       Chairman Larkin for his support in this.  I'll

         7       be voting aye.  Thank you.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Sabini to be recorded in the affirmative.

        10                  Announce the results.

        11                  THE SECRETARY:    Ayes, 61.  Nays,

        12       0.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1938, by Senator Padavan, Senate Print 6267A,

        17       an act to amend the Real Property Tax Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 4.  This

        21       act shall take effect July 1, 2007.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  Senator Skelos, that completes the

         4       reading of the noncontroversial calendar,

         5       supplemental active list.

         6                  SENATOR SKELOS:    Mr. President,

         7       if we could now take up, on the controversial

         8       calendar, Calendar Number 952.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       952, substituted earlier by Member of the

        13       Assembly Silver, Assembly Print Number 8930,

        14       an act to amend Chapter 280 of the Laws of

        15       2006.

        16                  SENATOR CONNOR:    Explanation.

        17                  ACTING PRESIDENT GRIFFO:    An

        18       explanation has been called for.

        19                  I want to announce that there is a

        20       local fiscal impact statement here at the

        21       desk.

        22                  SENATOR SKELOS:    Lay the bill

        23       aside temporarily, please.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill will be laid aside temporarily.


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         1                  Senator Skelos.

         2                  SENATOR SKELOS:    Mr. President,

         3       if we could return to motions and resolutions,

         4       I believe there are some motions to be made at

         5       this time.

         6                  ACTING PRESIDENT GRIFFO:    Motions

         7       and resolutions.

         8                  Senator Nozzolio.

         9                  SENATOR NOZZOLIO:    Mr. President,

        10       on behalf of Senator Hannon, on page number 23

        11       I offer the following amendments to Calendar

        12       Number 932, Senate Print Number 4640, and ask

        13       that said bill retain its place on Third

        14       Reading Calendar.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       amendments are received, and the bill will

        17       retain its place on the Third Reading

        18       Calendar.

        19                  Senator Fuschillo.

        20                  SENATOR FUSCHILLO:    Mr.

        21       President, on behalf of Senator Leibell, I

        22       wish to call up Senate Print Number 3652,

        23       recalled from the Assembly, which is now at

        24       the desk.

        25                  ACTING PRESIDENT GRIFFO:    The


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         1       Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       396, by Senator Leibell, Senate Print 3652, an

         4       act to amend the Executive Law.

         5                  SENATOR FUSCHILLO:    Mr.

         6       President, I now move to reconsider the vote

         7       by which the bill was passed.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll on reconsideration.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is restored to the order of third reading

        14       on the calendar.

        15                  SENATOR SKELOS:    Mr. President.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Skelos.

        18                  SENATOR SKELOS:    There will be a

        19       meeting of the Rules Committee at 2:00 p.m. in

        20       the Majority Conference Room, and the Senate

        21       will stand at ease.

        22                  ACTING PRESIDENT GRIFFO:    There

        23       will be a meeting of the Rules Committee at

        24       2:00 p.m. in the Majority Conference Room.

        25                  The Senate stands at ease.


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         1                  (Whereupon, the Senate stood at

         2       ease at 1:55 p.m.)

         3                  (Whereupon, the Senate reconvened

         4       at 2:19 p.m.)

         5                  ACTING PRESIDENT MAZIARZ:    The

         6       Senate will come to order.

         7                  Senator LaValle.

         8                  SENATOR LaVALLE:    Mr. President,

         9       please recognize Senator Stavisky for an

        10       announcement.

        11                  ACTING PRESIDENT MAZIARZ:

        12       Senator Stavisky.

        13                  SENATOR STAVISKY:    There will be

        14       an immediate conference of the Minority in the

        15       Minority Conference Room.

        16                  ACTING PRESIDENT MAZIARZ:    There

        17       will be an immediate conference of the

        18       Minority in the Minority Conference Room.

        19                  Senator LaValle.

        20                  SENATOR LaVALLE:    Mr. President,

        21       the Senate will stand at ease.

        22                  ACTING PRESIDENT MAZIARZ:    The

        23       Senate will stand at ease.

        24                  (Whereupon, the Senate stood at

        25       ease at 2:20 p.m.)


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         1                  ACTING PRESIDENT NOZZOLIO:    The

         2       Senate will come to order.

         3                  Senator Johnson.

         4                  SENATOR OWEN JOHNSON:    Mr.

         5       President, there will be an immediate

         6       conference of the Majority in the Majority

         7       Conference Room.

         8                  ACTING PRESIDENT NOZZOLIO:

         9       Immediate conference of the Senate Majority in

        10       the Majority Conference Room.

        11                  The Senate will stand at ease.

        12                  (Whereupon, the Senate reconvened

        13       at 4:22 p.m.)

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Senate will come to order.

        16                  Senator Skelos.

        17                  SENATOR SKELOS:    Mr. President,

        18       if we could go to the supplemental calendar

        19       and take up Calendar Number 952.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       952, substituted earlier today by Member of

        24       the Assembly Silver, Assembly Print Number

        25       8930, an act to amend Chapter 280 of the Laws


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         1       of 2006.

         2                  ACTING PRESIDENT GRIFFO:    There

         3       is a local fiscal impact note here at the

         4       desk.

         5                  Senator Golden.

         6                  SENATOR GOLDEN:    Yes, Mr.

         7       President.  I ask for unanimous consent to

         8       replace the sponsorship of my bill, Bill

         9       Number 4078A, with Senator Martin Connor.

        10                  SENATOR SKELOS:    No objection.

        11                  ACTING PRESIDENT GRIFFO:    So

        12       ordered.

        13                  SENATOR GOLDEN:    Thank you.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Connor.

        16                  SENATOR CONNOR:    Yes, Mr.

        17       President.  I had earlier laid aside this

        18       bill, and I would like to remove that and have

        19       no objection to it being noncontroversial.

        20                  SENATOR SKELOS:    Mr. President,

        21       please take up Calendar Number 952,

        22       noncontroversial.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       Secretary will read the last section.

        25                  THE SECRETARY:    Section 2.  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, 60.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  SENATOR SKELOS:    Mr. President.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Skelos.

        11                  SENATOR SKELOS:    On the regular

        12       calendar, if you could call up Calendar Number

        13       544, noncontroversial.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Secretary will read Calendar Number 544.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 544, Senator Seward moves to

        18       discharge, from the Committee on

        19       Investigations and Government Operations,

        20       Assembly Bill Number 6272 and substitute it

        21       for the identical Senate Bill Number 1658,

        22       Third Reading Calendar 544.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       substitution is ordered.

        25                  There is a local fiscal impact note


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         1       at the desk.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       544, substituted earlier by Member of the

         5       Assembly Silver, Assembly Print Number 6272,

         6       an act to amend the Tax Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the first day of the

        11       month next succeeding.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 60.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    If we could now

        20       go to Senate Calendar Number 65A,

        21       noncontroversial.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       Secretary will read.

        24                  Senator Skelos.

        25                  SENATOR SKELOS:    Mr. President,


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         1       anxious to end the day on a positive note, I

         2       neglected to ask the Rules report to be read

         3       first.  And then we'll take up the calendar.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       Secretary will read the report of the Rules

         6       Committee.

         7                  THE SECRETARY:    Senator Bruno,

         8       from the Committee on Rules, reports the

         9       following bills:

        10                  Senate Print 100, by Senator

        11       DeFrancisco, an act to amend the Executive

        12       Law;

        13                  1284A, by Senator Volker, an act to

        14       amend the Environmental Conservation Law;

        15                  1469, by Senator Morahan, an act to

        16       authorize;

        17                  1474, by Senator Morahan, an act

        18       authorizing;

        19                  1476, by Senator Morahan, an act to

        20       authorize;

        21                  2142, by Senator Wright, an act to

        22       amend the Vehicle and Traffic Law;

        23                  2388A, by Senator Leibell, an act

        24       to amend the Public Health Law;

        25                  2441, by Senator Morahan, an act to


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         1       amend the Tax Law;

         2                  2863A, by Senator Farley, an act to

         3       amend the Banking Law;

         4                  3241, by Senator Golden, an act to

         5       amend the General Municipal Law;

         6                  3546A, by Senator DeFrancisco, an

         7       act to amend the Arts and Cultural Affairs

         8       Law;

         9                  3754A, by Senator Trunzo, an act in

        10       relation to authorizing;

        11                  3817, by Senator LaValle, an act to

        12       amend the Education Law;

        13                  3927, by Senator Trunzo, an act to

        14       amend the Retirement and Social Security Law;

        15                  3982A, by Senator Hannon, an act to

        16       amend Chapter 521 of the Laws of 1994;

        17                  3985A, by Senator Hannon, an act to

        18       amend the Public Health Law;

        19                  3986A, by Senator Hannon, an act to

        20       amend the Public Health Law;

        21                  4247, by Senator Leibell, an act to

        22       amend the Executive Law;

        23                  4329, by Senator Lanza, an act to

        24       amend the Social Services Law;

        25                  4393, by Senator Flanagan, an act


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         1       to amend the Public Officers Law;

         2                  4440, by Senator Golden, an act to

         3       amend the Social Services Law;

         4                  4888A, by Senator Libous, an act to

         5       amend the Vehicle and Traffic Law;

         6                  5039, by Senator Savino, an act

         7       authorizing;

         8                  5046A, by Senator Fuschillo, an act

         9       to amend the Executive Law;

        10                  5229A, by Senator Alesi, an act to

        11       amend Chapter 530 of the Laws of 1988;

        12                  5304, by Senator Marcellino, an act

        13       to amend the Environmental Conservation Law;

        14                  5340, by Senator Hannon, an act to

        15       amend the Public Health Law;

        16                  5521, by Senator Hannon, an act to

        17       amend the Social Services Law;

        18                  5667, by Senator Leibell, an act to

        19       amend the Retirement and Social Security Law;

        20                  5740, by Senator Saland, an act to

        21       amend the Education Law;

        22                  5743, by Senator Flanagan, an act

        23       to amend the Arts and Cultural Affairs Law;

        24                  5793, by Senator Flanagan, an act

        25       to amend the Executive Law;


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         1                  5927, by Senator O. Johnson, an act

         2       to amend the Environmental Conservation Law;

         3                  6063, by Senator Farley, an act

         4       making an appropriation;

         5                  6172, by the Senate Committee on

         6       Rules, an act in relation to authorizing;

         7                  6305, by Senator Marcellino, an act

         8       to amend the Environmental Conservation Law;

         9                  6318, by Senator Griffo, an act

        10       providing;

        11                  6323, by Senator Marcellino, an act

        12       to amend the Environmental Conservation Law;

        13                  6333, by the Senate Committee on

        14       Rules, an act to amend Chapter 444 of the Laws

        15       of 1997;

        16                  6337, by the Senate Committee on

        17       Rules, an act to amend Chapter 181 of the Laws

        18       of 2005;

        19                  6347, by Senator Robach, an act

        20       establishing;

        21                  6354, by the Senate Committee on

        22       Rules, an act to amend the Tax Law;

        23                  6357, by Senator Saland, an act to

        24       amend the Criminal Procedure Law;

        25                  6361, by Senator Saland, an act to


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         1       amend the Education Law;

         2                  6378, by Senator Alesi, an act in

         3       relation;

         4                  And Senate Print 6379, by Senator

         5       Bonacic, an act to amend the State Finance

         6       Law.

         7                  All bills ordered direct to third

         8       reading.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       DeFrancisco.

        11                  SENATOR DeFRANCISCO:    Move to

        12       accept the report of the Rules Committee.

        13                  ACTING PRESIDENT GRIFFO:    All in

        14       favor of accepting the report of the Rules

        15       Committee please signify by saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT GRIFFO:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT GRIFFO:    The

        21       report is accepted.

        22                  SENATOR DeFRANCISCO:    Please

        23       return to motions and resolutions.

        24                  ACTING PRESIDENT GRIFFO:    Motions

        25       and resolutions.


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         1                  Senator Breslin.

         2                  SENATOR BRESLIN:    Mr. President,

         3       I move to amend Senate Bill 4255 by striking

         4       out the amendments made on June 20th and

         5       restoring it to its previous print, 4255B.

         6                  ACTING PRESIDENT GRIFFO:    So

         7       ordered.

         8                  SENATOR BRESLIN:    Thank you.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Fuschillo.

        11                  SENATOR FUSCHILLO:    Mr.

        12       President, on behalf of Senator Morahan, on

        13       the supplemental calendar, I offer the

        14       following amendments to Calendar Number 2032,

        15       Senate Print Number 1476, and ask that said

        16       bill will retain its place on the order of

        17       Third Reading Calendar.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       amendments are received and adopted, and the

        20       bill will retain its place on the Third

        21       Reading Calendar.

        22                  Senator DeFrancisco.

        23                  SENATOR DeFRANCISCO:    Would you

        24       please do the noncontroversial reading of

        25       Senate Calendar 65A.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Secretary will read Senate Calendar 65A,

         3       noncontroversial.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 2028, Senator DeFrancisco

         6       moves to discharge, from the Committee on

         7       Rules, Assembly Bill Number 6575 and

         8       substitute it for the identical Senate Bill

         9       Number 100, Third Reading Calendar 2028.

        10                  ACTING PRESIDENT GRIFFO:

        11                  ACTING PRESIDENT GRIFFO:

        12       Substitution ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       2028, by Member of the Assembly Towns,

        16       Assembly Print Number 6575, an act to amend

        17       the Executive Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 180th day.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       2029, by Senator Volker, Senate Print 1284A,

         5       an act to amend the Environmental Conservation

         6       Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 3.  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, 59.  Nays,

        15       1.  Senator Serrano recorded in the negative.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 2030, Senator Morahan moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 7936 and substitute it

        22       for the identical Senate Bill Number 1469,

        23       Third Reading Calendar 2030.

        24                  ACTING PRESIDENT GRIFFO:

        25       Substitution ordered.


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         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       2030, by Member of the Assembly Jaffee,

         4       Assembly Print Number 7936, an act to

         5       authorize Congregation Ribnitz.

         6                  ACTING PRESIDENT GRIFFO:    Read

         7       the last 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, 60.  Nays,

        14       1.  Senator Bonacic recorded in the negative.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       2031, by Senator Morahan, Senate Print 1474,

        19       an act authorizing.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  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, 60.  Nays,

         3       1.  Senator Bonacic recorded in the negative.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 2032, Senator Morahan moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 7937A and substitute it

        10       for the identical Senate Bill Number 1476A,

        11       Third Reading Calendar 2032.

        12                  ACTING PRESIDENT GRIFFO:

        13       Substitution ordered.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       2032, by Member of the Assembly Jaffee,

        17       Assembly Print Number 7937A, an act

        18       authorizing.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last 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, 59.  Nays,

         2       2.  Senators Bonacic and Larkin recorded in

         3       the negative.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       2033, by Senator Wright, Senate Print 2142, an

         8       act to amend the Vehicle and Traffic Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 3.  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, 59.  Nays,

        17       2.  Senators Duane and L. Krueger recorded in

        18       the negative.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       2034, by Senator Leibell, Senate Print 2388A,

        23       an act to amend the Public Health Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  SENATOR DUANE:    Lay it aside,

         2       please.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       2035, by Senator Morahan, Senate Print 2441,

         7       an act to amend the Tax Law.

         8                  ACTING PRESIDENT GRIFFO:    There

         9       is a local fiscal impact note at the desk.

        10                  The Secretary will read the last

        11       section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the first day of the

        14       sales tax quarterly period.

        15                  ACTING PRESIDENT GRIFFO:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 61.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 2036, Senator Farley moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 9159 and substitute it

        25       for the identical Senate Bill Number 2863A,


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         1       Third Reading Calendar 2036.

         2                  ACTING PRESIDENT GRIFFO:

         3       Substitution ordered.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       2036, by Member of the Assembly Towns,

         7       Assembly Print Number 9159, an act to amend

         8       the Banking Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last 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, 61.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 2037, Senator Golden moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 7757 and substitute it

        23       for the identical Senate Bill Number 3241,

        24       Third Reading Calendar 2037.

        25                  ACTING PRESIDENT GRIFFO:


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         1       Substitution ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       2037, by Member of the Assembly Jeffries,

         5       Assembly Print Number 7757, an act to amend

         6       the General Municipal Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last 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, 61.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 2038, Senator DeFrancisco

        19       moves to discharge, from the Committee on

        20       Rules, Assembly Bill Number 5202A and

        21       substitute it for the identical Senate Bill

        22       Number 3546A, Third Reading Calendar 2038.

        23                  ACTING PRESIDENT GRIFFO:

        24       Substitution ordered.

        25                  The Secretary will read.


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         1                  THE SECRETARY:    Calendar Number

         2       2038, by Member of the Assembly Millman,

         3       Assembly Print Number 5202A, an act to amend

         4       the Arts and Cultural Affairs Law.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       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, 61.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 2039, Senator Trunzo moves to

        17       discharge, from the Committee on Rules,

        18       Assembly Bill Number 6582A and substitute it

        19       for the identical Senate Bill Number 3754A,

        20       Third Reading Calendar 2039.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       substitution is ordered.

        23                  The Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       2039, by Member of the Assembly Eddington,


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         1       Assembly Print Number 6582A, an act in

         2       relation to authorizing.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last 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, 59.  Nays,

        11       2.  Senators Bonacic and Larkin recorded in

        12       the negative.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       2040, by Senator LaValle --

        17                  SENATOR DUANE:    Lay it aside,

        18       please.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       2041, by Senator Trunzo, Senate Print 3927, an

        23       act to amend the Retirement and Social

        24       Security Law.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 3.  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, 61.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 2042, Senator Hannon moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 8097A and substitute it

        14       for the identical Senate Bill Number 3982A,

        15       Third Reading Calendar 2042.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       substitution is ordered.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       2042, by Member of the Assembly Gottfried.

        21       Assembly Print Number 8097A, an act to amend

        22       Chapter 521 of the Laws of 1994.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  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, 61.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       2043, by Senator Hannon, Senate Print 3985A,

        10       an act to amend the Public Health Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  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, 61.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       2044, by Senator Hannon, Senate Print 3986A,

        23       an act to amend the Public Health Law and

        24       others.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 20.  This

         3       act shall take effect April 1, 2008.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 2045, Senator Leibell moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 8525 and substitute it

        14       for the identical Senate Bill Number 4247,

        15       Third Reading Calendar 2045.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       substitution is ordered.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       2045, by Member of the Assembly Lancman,

        21       Assembly Print Number 8525, an act to amend

        22       the Executive Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  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, 61.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 2046, Senator Lanza moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 7905 and substitute it

        12       for the identical Senate Bill Number 4329,

        13       Third Reading Calendar 2046.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       substitution is ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       2046, by Member of the Assembly V. Lopez,

        19       Assembly Print Number 7905, an act to amend

        20       the Social Services Law.

        21                  ACTING PRESIDENT GRIFFO:    Last

        22       section.

        23                  SENATOR DeFRANCISCO:    Please lay

        24       that bill aside temporarily.

        25                  ACTING PRESIDENT GRIFFO:    Lay it


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         1       aside temporarily.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 2047, Senator Flanagan moves

         4       to discharge, from the Committee on Rules,

         5       Assembly Bill Number 1108 and substitute it

         6       for the identical Senate Bill Number 4393,

         7       Third Reading Calendar 2047.

         8                  ACTING PRESIDENT GRIFFO:

         9       Substitution ordered.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       2047, by Member of the Assembly Destito,

        13       Assembly Print Number 1108, an act to amend

        14       the Public Officers Law.

        15                  ACTING PRESIDENT GRIFFO:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect on the 180th day.

        19                  ACTING PRESIDENT GRIFFO:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    In relation to


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         1       Calendar Number 2048, Senator Golden moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 1469 and substitute it

         4       for the identical Senate Bill Number 4440,

         5       Third Reading Calendar 2048.

         6                  ACTING PRESIDENT GRIFFO:

         7       Substitution ordered.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       2048, by Member of the Assembly Englebright,

        11       Assembly Print Number 1469, an act to amend

        12       the Social Services Law.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last 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, 61.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 2049, Senator Libous moves to

        25       discharge, from the Committee on Rules,


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         1       Assembly Bill Number 7877A and substitute it

         2       for the identical Senate Bill Number 4888A,

         3       Third Reading Calendar 2049.

         4                  ACTING PRESIDENT GRIFFO:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       2049, by Member of the Assembly Gantt,

         9       Assembly Print Number 7877A, an act to amend

        10       the Vehicle and Traffic Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  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, 61.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 2051, Senator Fuschillo moves

        23       to discharge, from the Committee on Rules,

        24       Assembly Bill Number 217B and substitute it

        25       for the identical Senate Bill Number 5046A,


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         1       Third Reading Calendar 2051.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       substitution is ordered.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       2051, by Member of the Assembly Pheffer,

         7       Assembly Print Number 217B, an act to amend

         8       the Executive Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 4.  This

        12       act shall take effect on the 90th day.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       2052, by Senator Alesi, Senate Print 5229A, an

        21       act to amend Chapter 530 of the Laws of 1988

        22       authorizing the Department of Social Services.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  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, 61.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 2053, Senator Marcellino moves

        10       to discharge, from the Committee on Rules,

        11       Assembly Bill Number 8339 and substitute it

        12       for the identical Senate Bill Number 5304,

        13       Third Reading Calendar 2053.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       substitution is ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       2053, by Member of the Assembly Sweeney,

        19       Assembly Print Number 8339, an act to amend

        20       the Environmental Conservation Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last 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                  ACTING PRESIDENT GRIFFO:

         4       Senator Marcellino, to explain his vote.

         5                  SENATOR MARCELLINO:    Thank you,

         6       Mr. President.

         7                  I rise in support this bill and

         8       thank my colleagues for their support.

         9                  In 1993 this body created the

        10       Environmental Protection Act, the first ever

        11       permanent, dedicated environmental funding

        12       mechanism in this state.  The EPF generally

        13       supports capital projects and programs that

        14       protect the water we drink, the air we breathe

        15       and the food we eat, and the quality and

        16       safety of our communities which we call home.

        17                  After more than 10 years of EPF

        18       funding, plus the 1996 Clean Water Clean Air

        19       Bond Act, there has been great progress.  But

        20       total funding today is inadequate.  Sprawling

        21       development across New York State consumes

        22       open space and farmland, threatens clean

        23       water, increases fuel consumption and air

        24       pollution, and creates more solid waste.

        25                  But this same sprawling development


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         1       has resulted in an exponential increase in

         2       receipts from the real estate transfer tax,

         3       the primary source of funding for the EPF.

         4       However, a smaller and smaller percentage of

         5       the real estate transfer tax revenue has been

         6       dedicated to conservation, while at the same

         7       time the cost of the environmental protection

         8       has increased.

         9                  Currently less than 1.1 cent per

        10       dollar -- that's 1.1 cent per dollar -- of

        11       every state revenue goes to the environment,

        12       which is a lower rate than at any time in the

        13       last 10 years and is well below the national

        14       average.

        15                  Within the EPF there are numerous

        16       programs where demand greatly outstrips

        17       available funding.  Examples of grossly

        18       underfunded categories include open space,

        19       farmland protection, nonpoint source water

        20       pollution control, municipal recycling,

        21       pollution prevention, state land stewardship,

        22       local waterfront revitalization, community

        23       forestry and urban, suburban and rural parks

        24       and historic preservation, amongst others.

        25                  This bill will address this


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         1       shortfall by permanently increasing the

         2       portion of the real estate transfer tax that

         3       is dedicated to the EPF and providing a

         4       mechanism to ensure that any future growth in

         5       the real estate transfer tax revenue that is

         6       driven by development is rightly dedicated to

         7       the preservation of the environment.

         8                  This is a good thing we're doing

         9       tonight, ladies and gentlemen.  I proudly vote

        10       aye.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Marcellino to be recorded in the affirmative.

        13                  Senator Krueger, to explain her

        14       vote.

        15                  SENATOR LIZ KRUEGER:    Thank you,

        16       Mr. President.

        17                  While I totally agree with Senator

        18       Marcellino's history of and support for the

        19       Environmental Protection Fund and the

        20       importance of it and what it's been doing, and

        21       why we need more money in the Environmental

        22       Protection Fund, I find that I have to vote no

        23       on this bill because it's taking more money

        24       out of the real estate transfer tax to move

        25       into EPF when we still don't put any money


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         1       into a real housing trust fund to build

         2       housing in this state.

         3                  And if we have some much money

         4       coming in from a real estate tax, I find it

         5       amazing that we won't commit any of it to

         6       actually dealing with our housing crisis.  And

         7       I would argue we have an ability to do both

         8       things.

         9                  We could put RETT money into a real

        10       housing trust fund to invest in building

        11       affordable housing and preserving affordable

        12       housing throughout the great state of

        13       New York, and we could pass that bottle bill

        14       to come up with the money to provide to the

        15       EPF, so we could have a win/win.

        16                  This bill doesn't get us a win/win.

        17       It gets us more money for EPF but lowers our

        18       opportunities of finally using some of that

        19       real estate transfer tax money for the

        20       preservation and the building of desperately

        21       needed affordable housing.

        22                  And so I will vote no,

        23       Mr. President.  Thank you.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Krueger to be recorded in the negative.


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         1                  Announce the results.

         2                  THE SECRETARY:    Ayes, 60.  Nays,

         3       1.  Senator L. Krueger recorded in the

         4       negative.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 2054, Senator Hannon moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 8081 and substitute it

        11       for the identical Senate Bill Number 5340,

        12       Third Reading Calendar 2054.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       substitution is ordered.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       2054, by Member of the Assembly Gottfried,

        18       Assembly Print Number 8081, an act to amend

        19       the Public Health Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  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, 61.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 2055, Senator Hannon moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 1462A and substitute it

         9       for the identical Senate Bill Number 5521,

        10       Third Reading Calendar 2055.

        11                  ACTING PRESIDENT GRIFFO:

        12       Substitution ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:     Calendar Number

        15       2055, by Member of the Assembly Englebright,

        16       Assembly Print Number 1462A, an act to amend

        17       the Social Services Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last 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, 61.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       2056, by Senator Leibell, Senate Print 5667,

         5       an act to amend the Retirement and Social

         6       Security Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 4.  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, 61.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       2057, by Senator Saland, Senate Print 5740, an

        19       act to amend the Education Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  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                  ACTING PRESIDENT GRIFFO:    Senator

         3       Saland, to explain his vote.

         4                  SENATOR SALAND:    Thank you,

         5       Mr. President.

         6                  We all recall earlier this year

         7       during the course of the adoption of the

         8       budget, as part of the education portion of

         9       the budget, we adopted a provision which was

        10       termed the Contracts for Excellence, which

        11       required schools that had received more than

        12       $15 million or more, or 10 percent more

        13       increase in aid from the prior year, to be

        14       subject to the contract.

        15                  When the Governor initially

        16       provided us with his budget, there was

        17       somewhere in the area of I think 115 or 116

        18       schools on that list.  This was the last item

        19       that closed at the education table, and when

        20       it closed there were some significant changes

        21       that were made.

        22                  But there were some unintended

        23       consequences, and we attempted to address that

        24       earlier with a bill that basically provided

        25       that the Big Five would remain subject to the


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         1       contract and other schools would have a

         2       one-year, in effect, break in which to be

         3       prepared for the contract.

         4                  There are a number of schools that

         5       are on that list, which is now 56, which were

         6       not on the original list and, when the budget

         7       was adopted, they were in the process of

         8       adopting their budgets and really had no

         9       ability to plan for this unanticipated event.

        10                  What this bill proposes to do is to

        11       in fact deal with that in the following

        12       fashion.  There are some 579 schools in these

        13       districts that are captured under the current

        14       contract language.  This would propose to

        15       reduce the 56 school list to 21, would leave I

        16       believe 535 school buildings still under the

        17       contract.  It would remove, I believe, 44.

        18                  The standard by which we would

        19       choose to remove them would be if you are a

        20       successful school -- and a successful school

        21       is one in which 80 percent of those taking the

        22       tests, 80 percent or more, either in the case

        23       of the five Regents, are attaining 65 or

        24       better, or, in the case of the 4th and 8th

        25       grade required English and math, are


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         1       performing at Levels 3 and 4.

         2                  This list, incidentally, every year

         3       will change, because some schools will come

         4       on, some schools will go off.  Next year's

         5       list, you have no idea what it will be.  And

         6       historically some 50 percent of the schools

         7       fall off from year to year.

         8                  What this attempts to do is to say

         9       in addition to those successful schools, those

        10       schools that are not in compliance -- because,

        11       for example, they did not attain the

        12       participation rate required among students

        13       with disabilities, which is under NCLB

        14       required to be at a 95 percent level, they

        15       have been unable to attain that and therefore,

        16       under NCLB, they fail to be a school in

        17       compliance -- we say those types of more or

        18       less technical deficiencies should not

        19       hamstring a district and force them to use all

        20       of those additional monies they've received to

        21       deal with what is an isolated problem.

        22                  What we propose to do here is to

        23       basically undo the law of unintended

        24       consequences and at the same time ensure that

        25       those high-performing schools still have the


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         1       ability to deal with their student populations

         2       with a far greater degree of discretion than

         3       would be provided were they subject to

         4       compliance with the contract.

         5                  And again, these are schools that

         6       are generally higher performing schools, a

         7       number of which are successful schools.  And

         8       of the schools districts that are involved, as

         9       distinguished from school buildings,

        10       two-thirds of them have only one building

        11       that's not in compliance.

        12                  Mr. President, obviously I support

        13       this bill and believe it's much needed and

        14       would certainly hope that all of my colleagues

        15       would share that same sentiment.  Thank you.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Saland to be recorded in the affirmative.

        18                  Senator Oppenheimer.

        19                  SENATOR OPPENHEIMER:    Thank you

        20       very much.

        21                  This bill is a good bill.  And I

        22       think that in some instances the press may get

        23       some of these nuances incorrectly, and you

        24       may, Senator Saland, be hearing from the press

        25       saying why are we making it easier or, you


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         1       know, why are we not holding school districts'

         2       feet to the fire and all that.

         3                  But this makes excellent sense,

         4       because we know of some very fine individual

         5       schools that got caught up in the Contract for

         6       Excellence which really didn't appropriately

         7       have this placed upon them.  Where, you know,

         8       the contract says that there are only so many

         9       areas that you can improve within, and it

        10       really limits you.

        11                  And so this is a very good bill.

        12       And you will have to be answering to the

        13       press.  Because when we took all the districts

        14       out other than the Big Five a month or two

        15       back, they didn't understand it then.  So good

        16       luck.

        17                  I'm voting yes.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Oppenheimer to be recorded in the affirmative.

        20                  Announce the results.

        21                  THE SECRETARY:    Ayes, 61.  Nays,

        22       0.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       2058, by Senator Flanagan, Senate Print 5743,

         2       an act to amend the Arts and Cultural Affairs

         3       Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the 30th day.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Sabini, to explain his vote.

        13                  SENATOR SABINI:    Mr. President,

        14       to explain my vote.

        15                  I'd particularly like my colleagues

        16       on this side of the aisle to draw heed to

        17       this, because this is an important piece of

        18       legislation that amends the Arts and Cultural

        19       Affairs Law in relation to prohibiting the

        20       advertising and conducting of certain live

        21       musical performances or productions.

        22                  Now, I didn't lay this aside in the

        23       interests of brevity today.  This bill was

        24       introduced on May 3rd.  Curiously, on February

        25       13th, I introduced a bill, an act to amend the


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         1       Arts and Cultural Affairs Law in relation to

         2       the advertising and conducting of certain live

         3       musical performances or productions.

         4                  This bill, the purpose of this bill

         5       in the sponsor's memo makes it unlawful to

         6       advertise or conduct a live musical

         7       performance through the use of false,

         8       deceptive or misleading affiliation,

         9       connection or association between a performing

        10       group and a recording group.

        11                  Curiously, the purpose of my bill

        12       and Senator Flanagan's bill is the same.

        13                  The problem has been that there are

        14       copycat groups, particularly groups from the

        15       1950s, some of whom the members have passed on

        16       to their great reward, and there are now

        17       people performing throughout the state under

        18       the names of the same group but they're

        19       different members.  And some people feel that

        20       that's a problem.

        21                  And for those of us on this side of

        22       the aisle, the newer members may not have

        23       experienced this, but we've had legislation on

        24       occasion where a word or two is changed and it

        25       was pilfered.  And that's good, and I'm going


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         1       to vote for this bill because it's in the

         2       spirit of good government.  But since this

         3       bill was to prevent copycatting, I just want

         4       to note for the record that this is a copycat

         5       bill.

         6                  (Laughter.)

         7                  SENATOR SABINI:    And since in the

         8       justification that was also copied from my

         9       bill Senator Flanagan says they expect --

        10       people expect to see the real thing and not

        11       impersonators, I would submit we should follow

        12       that as well.

        13                  I'll be voting aye, Mr. President.

        14                  (Laughter.)

        15                  ACTING PRESIDENT GRIFFO:

        16       Imitation is the greatest source of flattery.

        17                  Senator Sabini to be recorded in

        18       the affirmative.

        19                  Announce the results.

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 2059, Senator Flanagan moves

        25       to discharge, from the Committee on Rules,


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         1       Assembly Bill Number 4251A and substitute it

         2       for the identical Senate Bill Number 5793,

         3       Third Reading Calendar 2059.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       substitution is ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       2059, by Member of the Assembly Ramos,

         9       Assembly Print Number 4251A, an act to amend

        10       the Executive Law and the Public Health Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  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, 61.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 2060, Senator O. Johnson moves

        23       to discharge, from the Committee on Rules,

        24       Assembly Bill Number 8731 and substitute it

        25       for the identical Senate Bill Number 5927,


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         1       Third Reading Calendar 2060.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       substitution is ordered.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       2060, by Member of the Assembly Sweeney,

         7       Assembly Print Number 8731, an act to amend

         8       the Environmental Conservation Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the 120th day.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       2061, by Senator Farley, Senate Print 6063, an

        21       action making an appropriation to the

        22       Schenectady Healthcare Practitioner Volunteer

        23       Program.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       2062, by the Senate Committee on Rules, Senate

        11       Print Number 6172, an act in relation to

        12       authorizing the City of Elmira.

        13                  ACTING PRESIDENT GRIFFO:    There

        14       is a home-rule message at the desk.

        15                  The Secretary will read the last

        16       section.

        17                  THE SECRETARY:    Section 9.  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, 61.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       2063, by Senator Marcellino, Senate Print

         2       6305, an act to amend the Environmental

         3       Conservation Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       2064, by Senator Griffo, Senate Print 6318, an

        16       act providing for the election of delegates.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 6.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Connor, to explain his vote.


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         1                  SENATOR CONNOR:    Thank you,

         2       Mr. President.

         3                  I'm certainly going to support

         4       this.  It obviously adopts the delegate

         5       selection plan and primary provisions adopted

         6       by each of the major parties and allows each

         7       party to do its own thing.

         8                  I do want to comment on something,

         9       since I guess it was seven years ago I got

        10       into a bit of a brouhaha on the floor about

        11       the alleged lack of small D democratic

        12       opportunities that the then Republican

        13       selection plan was presenting.  And I wanted

        14       to compliment the Republican Party for having,

        15       for the first time since we started 20 years

        16       ago in effect making ballot access easier,

        17       actually has a far better, open, easier ballot

        18       access provision for presidential candidates

        19       than does my own party.

        20                  The Democratic Party, you have to

        21       get -- the candidates have to get 5,000

        22       signatures to get on the ballot.  And in the

        23       Republican Party, if they qualify for federal

        24       matching funds or they're recognized as a

        25       prominent candidate with some serious support,


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         1       they can, upon application, automatically be

         2       placed on the ballot.

         3                  We probably will find in the

         4       Democratic side, if anyone is disappointed by

         5       the petition process, a federal lawsuit such

         6       as plagued the Republicans in past years in

         7       terms of the process.

         8                  One other technical thing, and I

         9       don't know how it affects the Mayor of the

        10       City of New York, but I don't think he'll

        11       probably sign any petitions or want to carry

        12       any.  But the petitioning process certainly

        13       for the Democrats spans that period in

        14       November when enrollment changes take effect.

        15       So any new members of the party could be

        16       ineligible to sign in the first weeks of

        17       petitioning or carry a petition and eligible

        18       to sign or carry in the second part.

        19                  This could present a lot of

        20       technical problems in that process.  But I

        21       guess it's too late to do anything about it.

        22       That certainly won't prevent me from voting

        23       for the bill.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Connor to be recorded in the affirmative.

         2                  Announce the results.

         3                  THE SECRETARY:    Ayes, 61.  Nays,

         4       0.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       2065, by Senator Marcellino --

         9                  SENATOR DUANE:    Lay it aside,

        10       please.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is laid aside.

        13                  THE SECRETARY:    Calendar Number

        14       2066, by the Senate Committee on Rules, Senate

        15       Print.

        16                  SENATOR DUANE:    Lay it aside,

        17       please.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    Calendar Number

        21       2067, by the Senate Committee on Rules, Senate

        22       Print 6337, an act to amend Chapter 181 of the

        23       Laws of 2005 amending the Election Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       2068, by Senator Robach, Senate Print 6347, an

        11       act establishing the City of Rochester.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 24.  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, 61.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       2069, by the Senate Committee on Rules, Senate

        24       Print 6354, an act to amend the Tax Law.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 4.  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, 61.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       2070, by Senator Saland --

        12                  SENATOR DUANE:    Lay it aside,

        13       please.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       2071, by Senator Saland, Senate Print 6361, an

        18       act to amend the Education Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 27.  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, 61.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  Senator Marcellino, that completes

         5       the noncontroversial reading of Calendar 65A.

         6                  SENATOR MARCELLINO:    Thank you,

         7       Mr. President.  Can we now proceed to the

         8       controversial reading of Calendar 65A.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       Secretary will ring the bell.

        11                  We will proceed with the reading of

        12       the controversial calendar, 65A.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       2034, by Senator Leibell, Senate Print 2388A,

        16       an act to amend the Public Health Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  Senator Duane.

        20                  SENATOR DUANE:    Thank you,

        21       Mr. President.  If the sponsor would yield.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Leibell, do you yield?

        24                  SENATOR LEIBELL:    Yes, I do.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Duane.

         2                  SENATOR DUANE:    Thank you,

         3       Mr. President.  I'm wondering, what is "brain

         4       to computer"?

         5                  ACTING PRESIDENT GRIFFO:    Is that

         6       question directed to Senator Leibell?

         7                  SENATOR DUANE:    It is, but

         8       through you, Mr. President.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Leibell.

        11                  SENATOR LEIBELL:    It is a pilot

        12       program where you're able to control a

        13       computer keyboard with your eyes.

        14                  SENATOR DUANE:    I'm sorry,

        15       Mr. President, could you ask him to repeat it?

        16       I didn't get that.

        17                  ACTING PRESIDENT GRIFFO:    Can we

        18       have some in the house so the Senators can

        19       exchange, please.

        20                  Senator Duane, would you repeat

        21       your question to Senator Leibell?

        22                  SENATOR LEIBELL:    Senator Duane,

        23       could you speak up, please?  When you're

        24       passionate, you're very loud.  Could you get

        25       passionate?


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         1                  (Laughter.)

         2                  SENATOR MARCELLINO:    Not too

         3       passionate.

         4                  SENATOR DUANE:    Mr. President, if

         5       the sponsor wants passionate --

         6                  (Laughter.)

         7                  SENATOR LEIBELL:    Senator Duane,

         8       would you please lower your voice.

         9                  ACTING PRESIDENT GRIFFO:    We have

        10       now been here for three seasons, so engage.

        11                  SENATOR SCHNEIDERMAN:    In the

        12       other house you could get engaged.

        13                  (Laughter.)

        14                  ACTING PRESIDENT GRIFFO:    Do you

        15       have an announcement to make, Senator Duane?

        16                  (Laughter.)

        17                  SENATOR DUANE:    I wouldn't want

        18       Senator Rath to miss it, so I'm going to defer

        19       it for the time being.

        20                  ACTING PRESIDENT GRIFFO:    Your

        21       question, Senator Duane?

        22                  SENATOR DUANE:    Yes.  But I don't

        23       know whether I got the answer to this.  What

        24       does "brain to computer" refer to?

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Leibell.

         2                  SENATOR LEIBELL:    Yeah, sorry,

         3       Mr. President.  It's a pilot program which

         4       allows for an eye connection to a computer for

         5       control purposes.

         6                  SENATOR DUANE:    Through you,

         7       Mr. President, if the sponsor would continue

         8       to yield.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Leibell, do you yield?

        11                  SENATOR LEIBELL:    Yes.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Duane.

        14                  SENATOR DUANE:    What is it about

        15       the eyes?

        16                  SENATOR LEIBELL:    It's a camera

        17       tracking the eyes, so you can move a keyboard.

        18                  SENATOR DUANE:    And through you,

        19       Mr. President, if the sponsor would continue

        20       to yield.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Leibell, will you yield?

        23                  SENATOR LEIBELL:    Yes,

        24       Mr. President.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Duane.

         2                  SENATOR DUANE:    And how is that

         3       accomplished?  How does the keyboard and the

         4       eyes -- what helps them to have the

         5       interaction?

         6                  SENATOR LEIBELL:    Well, I'm not

         7       an engineer.  But the camera would track the

         8       eyes, and it would translate to the keyboard.

         9       And that's how it would function.

        10                  SENATOR DUANE:    And through you,

        11       Mr. President, if the sponsor would continue

        12       to yield.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Leibell, will you continue to yield?

        15                  SENATOR LEIBELL:    Yes,

        16       Mr. President.

        17                  SENATOR DUANE:    About how many

        18       patients in New York presently have this -- I

        19       mean, frankly it's with a chip, a computer

        20       chip.  So how many New Yorkers have this

        21       computer chip now?

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Leibell.

        24                  SENATOR LEIBELL:    It's many

        25       hundreds.  And the reason we are addressing


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         1       through this bill the need for a registry is

         2       to try and get a more accurate number, because

         3       we don't think we have an accurate number.

         4                  SENATOR DUANE:    And through you,

         5       Mr. President, if the sponsor would continue

         6       to yield.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Leibell, do you continue to yield?

         9                  SENATOR LEIBELL:    Yes,

        10       Mr. President.

        11                  SENATOR DUANE:    Do any other

        12       states have this registry?

        13                  SENATOR LEIBELL:    There has been

        14       an effort to do it nationally, and that has

        15       not happened yet.  Which is why we're

        16       attempting to do it.  And yes, there are other

        17       states.

        18                  SENATOR DUANE:    And through you,

        19       Mr. President, what are those other states?

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Leibell, do you continue to yield?

        22                  SENATOR LEIBELL:    I don't have

        23       the names.  I think Massachusetts may be one.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Duane, do you wish to continue to pose


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         1       questions or to speak on the bill?

         2                  SENATOR DUANE:    Excuse me?

         3                  ACTING PRESIDENT GRIFFO:    Do you

         4       wish to continue to question?

         5                  SENATOR DUANE:    Yes,

         6       Mr. President.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Leibell, will you yield?

         9                  SENATOR LEIBELL:    Yes.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Duane.

        12                  SENATOR DUANE:    Does the

        13       metropolitan New York ALS society support

        14       this?

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Leibell.

        17                  SENATOR LEIBELL:    Well, maybe I

        18       should speak directly on the bill.

        19                  This is one of the most devastating

        20       diseases that there is out there.  I don't

        21       know if you've known anyone who has suffered

        22       from ALS, but it is a -- usually within three

        23       years there's death.  And it is -- my

        24       interaction with many of the families of

        25       people who have succumbed from this terrible


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         1       disease, as well as I spent a day down at

         2       Columbia Presbyterian Hospital meeting with

         3       some of the top researchers in this area.

         4                  And I was asked by family members

         5       as well as those researchers to help them to

         6       try and put together this registry, which they

         7       feel would give them critical information.

         8                  SENATOR DUANE:    And through you,

         9       Mr. President, if the sponsor would continue

        10       to yield.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Leibell, will you continue to yield?

        13                  SENATOR LEIBELL:    Yes.

        14                  SENATOR DUANE:    And has the metro

        15       New York supported or opposed this

        16       legislation?

        17                  SENATOR LEIBELL:    I'm not

        18       familiar with the group.  I'm not.  I've met

        19       with the families and, as I said, people who

        20       are in research in this area.  The leading

        21       researchers in the United States are in

        22       New York City.

        23                  SENATOR DUANE:    And through you,

        24       Mr. President, if the sponsor would continue

        25       to yield.


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         1                  ACTING PRESIDENT GRIFFO:    Does

         2       the sponsor continue to yield?

         3                  SENATOR LEIBELL:    Yes.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Duane.

         6                  SENATOR DUANE:    What about the

         7       national ALS Association?  Do they support

         8       this legislation?

         9                  SENATOR LEIBELL:    I don't believe

        10       I've had any contact with them.  I do believe

        11       nationally they would rather have a national

        12       registry through Congress, but Congress hasn't

        13       done that.

        14                  SENATOR DUANE:    And through you,

        15       Mr. President, if the sponsor would continue

        16       to yield.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Leibell, do you continue to yield?

        19                  SENATOR LEIBELL:    Yes.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Duane.

        22                  SENATOR DUANE:    Anyone

        23       specifically at Columbia requested this

        24       registry?

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Leibell.

         2                  SENATOR LEIBELL:    Yeah, I've

         3       spoken to -- and I don't have their names with

         4       me, but I've spoken to academics there and

         5       researchers who felt it would provide

         6       assistance.

         7                  See, one reason is because New York

         8       State is such a large state, it's larger than

         9       so many countries.  If we could get an

        10       accurate grip on it here, and on the

        11       statistics, it's perceived as being very

        12       helpful.

        13                  SENATOR DUANE:    And through you,

        14       Mr. President, if the sponsor would continue

        15       to yield.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Leibell, would you continue to yield?

        18                  SENATOR LEIBELL:    Yes.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Duane.

        21                  SENATOR DUANE:    Thank you,

        22       Mr. President.  I was wondering if the sponsor

        23       could describe to us what bulbar ALS is.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Leibell.


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         1                  SENATOR LEIBELL:    No.  I've heard

         2       the term, I've had them describe it to me, but

         3       I would not be able to describe it with any

         4       accuracy for you.

         5                  SENATOR DUANE:    Thank you,

         6       Mr. President.  On the bill.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Duane, on the bill.

         9                  SENATOR DUANE:    The fact is is

        10       that the Greater New York chapter of the ALS

        11       Association, which is the only voluntary

        12       health association in New York State that

        13       represents people with ALS, don't support this

        14       legislation.

        15                  In addition, the metro New York

        16       chapter doesn't support it and the national

        17       ALS Association does not support this

        18       legislation.

        19                  There is one other state that has

        20       such a registry.  That is Massachusetts.  But

        21       the national ALS Association very, very much

        22       wants only a national registry and the

        23       New York ALS Association also only wants a

        24       national registry.  And they are working on

        25       getting that.


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         1                  In fact, it seems like there's only

         2       one research scientist at Columbia

         3       Presbyterian who has requested this, and he

         4       has done it without the approval and probably

         5       even very much consultation with the

         6       established ALS chapters and the national ALS

         7       Association.

         8                  I also just want to mention that

         9       bulbar ALS is the ALS that makes it

        10       impossible, as the disease progresses, for

        11       someone to speak.  It's the one that affects

        12       the muscles in the throat.

        13                  I agree that ALS is a very, very

        14       tragic and just a devastating, devastating

        15       disease.  It's one which also oftentimes

        16       families are afflicted or members of families

        17       are afflicted with it, so there can be more

        18       than one family member that has it.

        19                  In addition, it's something that

        20       probably embryonic stem cell research perhaps

        21       might provide a key for a treatment that would

        22       actually work for someone with ALS.

        23                  I would encourage my colleagues to

        24       hold off on supporting this legislation until

        25       such time that those who are doing research --


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         1       and they may have very good intentions, but I

         2       think it's inappropriate for them to run

         3       roughshod over those families and individuals

         4       who actually live day-to-day with ALS or have

         5       lived with ALS.  And until and unless such

         6       time that they are together with those doing

         7       research are able to get what they really want

         8       and what would be most helpful, because of

         9       course ALS does not -- it doesn't really pay

        10       any attention to boundaries.

        11                  So until the established and in

        12       fact the only ALS organizations on the state

        13       and national level request this, I think we

        14       should accede to their wishes and work towards

        15       getting a national registry, because that

        16       would really be the most helpful thing we

        17       could do to help them at this time.

        18                  So I am encouraging my colleagues

        19       to accede to their wishes and vote in the

        20       negative on this bill.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Leibell.

        23                  SENATOR LEIBELL:    Would Senator

        24       Duane yield, please.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Duane, would you yield for a question?

         2                  SENATOR DUANE:    Yes,

         3       Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Leibell.

         6                  SENATOR LEIBELL:    Senator Duane,

         7       one of my constituents, Bill Monti, who lost a

         8       son to this terrible disease, he and numerous

         9       families have spoken to me about this and

        10       requested it.

        11                  The bill came to me -- and maybe I

        12       didn't explain this to you -- through the

        13       state association.  I didn't just come up with

        14       this.  It came to me through the state

        15       association.

        16                  But let me ask you this question.

        17       We're a state of about 19 million people.

        18       That's a large population.  We are in

        19       agreement that this is a terrible disease.  We

        20       are in agreement, they haven't created yet a

        21       national registry, can you tell me what harm

        22       there would be in having a state registry?

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Duane.

        25                  SENATOR DUANE:    Mr. President,


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         1       the ALS Association, which is the largest and

         2       in fact the only association -- there's

         3       locals, but the only statewide organization --

         4       opposed the original version of this bill.

         5       And while it's been amended, they still oppose

         6       it.  They don't think that it's going to

         7       achieve the results which have been --

         8                  SENATOR LEIBELL:    Senator

         9       Duane --

        10                  SENATOR DUANE:    If I may just

        11       finish, that it won't achieve the public

        12       health benefits that, again, may be

        13       well-intentioned but which have not -- which

        14       there's not consensus on and which have not

        15       been agreed to.

        16                  And by the way, the state

        17       association works with the other statewide

        18       associations, and they all agree that they

        19       don't want to follow the Massachusetts model.

        20       They believe that the best way to go is to

        21       create a national registry.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Leibell.

        24                  SENATOR LEIBELL:    Senator Duane,

        25       this bill has been passed before by this body


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         1       on I think two other occasions.  Did you vote

         2       for this in the past?

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Duane.

         5                  SENATOR DUANE:    Through you,

         6       Mr. President, I have.

         7                  Again, I voted for it in the past

         8       because I thought that the intentions of the

         9       sponsor of the legislation were good.  And I

        10       knew less then about ALS and those who work on

        11       ALS than I do now.

        12                  In the meantime, I've actually done

        13       my homework, or at least some of my homework

        14       on it, reached out to representatives and have

        15       discovered that well-intentioned though the

        16       legislation may be, it's a piece of

        17       well-intentioned legislation which the

        18       advocates do not want.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Leibell.

        21                  SENATOR LEIBELL:    Well, I can

        22       tell you that I have met with the advocates.

        23       I have met with them on numerous occasions.

        24       I've met with the top researchers in the

        25       United States, which fortuitously are in New


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         1       York City.  And they would disagree with your

         2       position.

         3                  Thank you.

         4                  ACTING PRESIDENT GRIFFO:    Any

         5       other Senator wishing to speak?

         6                  Debate is closed.  The Secretary

         7       will ring the bell.

         8                  SENATOR DUANE:    Mr. President, I

         9       think I still have the floor.

        10                  ACTING PRESIDENT GRIFFO:    You did

        11       not have the floor.  Senator Leibell asked for

        12       the floor and asked for you to yield to a

        13       question, Senator Duane.  You yielded to a

        14       question from Senator Leibell.

        15                  I would ask you now to explain your

        16       vote.

        17                  SENATOR DUANE:    Mr. President, I

        18       was speaking on the bill.  I was asked to

        19       yield to a question.

        20                  ACTING PRESIDENT GRIFFO:    You sat

        21       down, Senator Duane.

        22                  SENATOR DUANE:    No, I have not

        23       sat down, Mr. President.

        24                  On the bill.

        25                  ACTING PRESIDENT GRIFFO:    On the


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         1       bill, Senator Duane.

         2                  SENATOR DUANE:    There is in fact

         3       an ALS Registry Act, of which the legislation

         4       is carried in the house by Eliot Engel, a

         5       New Yorker, and Senate Majority Leader Harry

         6       Reid.  Their legislation would create a

         7       national ALS registry, which would gather

         8       information from the national community of

         9       people with ALS and their families and their

        10       supporters and advocates.  All of the state

        11       organizations would participate.

        12                  The registry would then, I hope,

        13       since it would be a national registry,

        14       efficiently collect information, share the

        15       data on a much larger scale, and it could be

        16       used as a tool for national surveillance as

        17       well as be a national place for all

        18       researchers to use.

        19                  And I think that the most

        20       comprehensive and accurate data probably --

        21       not probably, but would ensure that that kind

        22       of collection of data would work best, as it

        23       does with other registries, comprehensive

        24       registries.

        25                  So I'm not even sure, you know,


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         1       when I looked more closely at the bill, you

         2       know, who is going to be setting this up.  Who

         3       are the consultants that are going to be

         4       involved in it?  There's lots and lots of

         5       unanswered questions about how this registry

         6       would be set up.  What physicians, what

         7       organizations would be part of creating this

         8       registry and implementing the registry?

         9                  I mean, it does say that whoever it

        10       is that's doing the registry would have to

        11       cooperate with, you know, physicians and

        12       voluntary organizations, but it's not -- it's

        13       very unclear about how and whether all the

        14       stakeholders would be involved in it.

        15                  You know, there are already pilot

        16       programs across the nation.  They are -- their

        17       mandate is to look at and try to find the most

        18       effective ways to collect accurate

        19       information, ways that that information could

        20       be verified and how it is that that

        21       information could be shared and collected.

        22                  And actually, interestingly --

        23       anyway, I just want to go back and say that

        24       even the New York chapter of the ALS

        25       Association is in opposition to this.  And I


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         1       just -- I don't think that this is -- we

         2       shouldn't be doing something for people that

         3       they don't want done.

         4                  So I'm going to encourage my

         5       colleagues to vote no on this.  And I feel we

         6       should continue to consult with the

         7       metropolitan and the statewide ALS

         8       associations before we make this move.

         9                  Thank you, Mr. President.

        10                  ACTING PRESIDENT GRIFFO:    You are

        11       now seated, correct, Senator Duane?

        12                  SENATOR DUANE:    I am.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Leibell.

        15                  SENATOR LEIBELL:    Mr. President,

        16       on the bill.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Leibell, on the bill.

        19                  SENATOR LEIBELL:    I'll try and

        20       answer a couple of points that came across

        21       from Senator Duane.

        22                  This is modeled, this legislation,

        23       after the cancer registry that we did, which

        24       has been very successful and continues to

        25       provide knowledge and information.


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         1                  And I also pointed out to you that

         2       the information came to us through the state

         3       organization, the statewide organization.

         4       I've told you that I spent a day at Columbia

         5       Presbyterian, which I would not wish to

         6       indicate to you gave me great technical

         7       knowledge.  I'm not a scientist.  But it did

         8       lead me to me to understand a little bit more

         9       about the complexities of this research and

        10       how it's tied into in many other types of

        11       research.

        12                  And I certainly am also hopeful

        13       that stem cell research will provide knowledge

        14       and information in this area.

        15                  Congress, I'm pleased that they

        16       have legislation.  And I hope it is

        17       successful.  If in fact it is ultimately

        18       successful, by passing this we will have

        19       wasted no time and we will have garnered

        20       information from our own population that will

        21       be in no way in conflict with what they would

        22       gather if in fact Congress ever does enact

        23       that legislation.

        24                  This is about gathering knowledge.

        25       It's about gathering scientific information.


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         1       It's about helping people and helping families

         2       that suffer from a terribly dreadful disease.

         3       And I cannot understand why we would wish to

         4       in any way put this off.  These families, they

         5       suffer now.  Possibly we can give them some

         6       hope by enacting this legislation.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Farley, on the bill.

        10                  SENATOR FARLEY:    Yes, Senator

        11       Duane and Senator Leibell, I rise in support

        12       of this.

        13                  And let me just say, as a former

        14       national chairman of the Council of State

        15       Governments -- and Senator Marcellino has been

        16       regional chair of the Council of State

        17       Governments, as have I, and Senator Hannon was

        18       the head of suggested state legislation -- let

        19       me just say what this does.

        20                  Actually the federal government is

        21       kind of slow to move on some of these issues.

        22       And so often on something like this, this

        23       could be an impetus to get a national

        24       registry, I'll tell you that right now.

        25                  New York has been a leader, you


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         1       know, in many areas of banking and so forth,

         2       where we have moved first and then the federal

         3       government has acted as a result of what we

         4       have done, the success of it.

         5                  All this is is an information

         6       gathering for 19 million people in this, the

         7       second or third largest state in the nation.

         8       And Massachusetts has already done it.  You're

         9       going to see other states do this.  And then

        10       they see how this works, it dovetails

        11       together, and you'll end up with a national

        12       registry.

        13                  I think it's a good bill.  There's

        14       no reason to not support this.  I am confident

        15       that the national registry say, gee, our

        16       priority is to get a national list -- but they

        17       don't have one.  And this could be an impetus

        18       to get one.  And it is the way things happen

        19       nationally, because the Council of State

        20       Governments, this is an example of something

        21       that is done all the time in different areas.

        22       States move one by one, and all of a sudden

        23       the federal government moves along with it.

        24                  I urge support of the bill.

        25                  ACTING PRESIDENT GRIFFO:    Any


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         1       other Senator wishing to speak?

         2                  Debate is closed.  The Secretary

         3       will ring the bells.

         4                  Read the last 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                  ACTING PRESIDENT GRIFFO:    Senator

        11       Padavan, to explain his vote.

        12                  SENATOR PADAVAN:    Thank you,

        13       Mr. President.

        14                  Annually for the last three or four

        15       years the ALS Association has conducted a

        16       cavalcade that begins in Manhattan, goes

        17       through the center of the city of New York,

        18       Queens, and all the way out to Long Island.

        19       And one of the places they spend time at and

        20       gather is the parking lot at St. John's

        21       University, where I meet them, along with

        22       other elected officials.

        23                  And so over the years I've gotten

        24       to know many of the leaders, as well as many

        25       of those who are suffering by ALS, and know


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         1       the wishes, desires and the goals of that

         2       organization and the individuals directly

         3       affected.

         4                  Now, a lot of discussion that we

         5       heard was relevant to the reporting mechanism

         6       in this bill.  But what is overlooked is

         7       perhaps the more important part of the bill,

         8       and it says very directly that the

         9       commissioner shall develop, work with counties

        10       and cities in the state for the diagnosis and

        11       treatment of these diseases and shall

        12       cooperate with local health authorities,

        13       physicians, hospitals, clinics and voluntary

        14       associations in the development of suitable

        15       facilities for the diagnosis, treatment and

        16       control of ALS.

        17                  And that's what they keep talking

        18       about when they gather there.  They say

        19       there's not enough going on in this state and

        20       perhaps in the nation that deals with

        21       developing -- we know there's no cure.  But

        22       certainly we have to move in the direction of

        23       developing treatment modalities, ways of

        24       dealing with the disease.  And that's not

        25       going on in this state to the extent that it


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         1       should and can, and that's what they're

         2       calling for.

         3                  Now, I can't get involved into the

         4       discussion on the reporting, because I don't

         5       know enough about that other than what I read.

         6       But I know do know that this part of the bill

         7       is very significant.  And if there's any one

         8       you should vote for, it's for that.

         9                  I vote aye.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Padavan to be recorded in the affirmative.

        12                  Announce the results.

        13                  THE SECRETARY:    Those recorded in

        14       the negative on Calendar Number 2034 are

        15       Senators Adams, Connor, Duane, Gonzalez,

        16       Hassell-Thompson, L. Krueger, Perkins,

        17       Sampson, Savino, Schneiderman, Serrano,

        18       Stachowski and Thompson.  Also Senator

        19       Montgomery.  Also Senator Diaz.

        20                  Absent from voting:  Senator C.

        21       Kruger.

        22                  Ayes, 45.  Nays, 15.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  The Secretary will read.


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         1                  THE SECRETARY:    Calendar Number

         2       2040, by Senator LaValle, Senate Print 3817,

         3       an act to amend the Education Law.

         4                  SENATOR OPPENHEIMER:

         5       Explanation, please.

         6                  ACTING PRESIDENT GRIFFO:

         7       Explanation.

         8                  SENATOR LaVALLE:    Thank you,

         9       Mr. President.

        10                  There could not be a better segue

        11       into this bill than the discussion that we had

        12       this morning on Senator Fuschillo's bill on

        13       the Roosevelt School District.  The bill that

        14       we have before us is a bill that is

        15       essentially a disclosure bill, a bill that

        16       asks our school districts to provide greater

        17       transparency into the budget process and how

        18       budgets are presented to the voters.

        19                  One of the provisions here, we just

        20       talk about the point of the Roosevelt School

        21       District.  There are provisions here on how a

        22       budget is presented in a comparison report

        23       card asking for information on the total

        24       dollar amount actually spent pursuant to the

        25       school budget adopted the previous year, the


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         1       total amount to be appropriated under the

         2       proposed budget for the ensuing year, the

         3       maximum amount of money available under the

         4       contingent budget cap for the ensuing year,

         5       and the total dollar amount to be appropriated

         6       under the proposed contingent budget.

         7                  This is but one of many provisions

         8       that asks the school district to give to the

         9       voter, in as plain language as they possibly

        10       can, information so that the voter can make

        11       intelligent decisions and can be really

        12       involved in the budget process.

        13                  It provides for notice when a

        14       school budget -- and we've had a discussion on

        15       this floor on fund balances, whether they

        16       exceed the 2 percent.  And one of the things

        17       in drafting this bill that I've found very

        18       interesting is that we do not have fines or if

        19       a school district exceeds the 2 percent,

        20       nothing ever happens to the school district.

        21       Nor would we want to really fine a school

        22       district for exceeding the 2 percent, because

        23       we would be fining our taxpayers and just

        24       adding to the very burden.

        25                  And so what we do in this bill is


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         1       to say that the school district, if it has

         2       been brought to their attention that they did

         3       something inappropriate, in violation of the

         4       Education Law, that they must notify the

         5       public, simple notification:  Yeah, you know,

         6       we didn't realize that we were in excess of

         7       the 2 percent limit.  We carried 4 percent.

         8       And so the taxpayer can understand what it is

         9       that their school district is doing.

        10                  Also, in the way a budget is

        11       presented, so many of you, I am sure --

        12       outside of the City of New York -- have had

        13       taxpayers come to you indicating that if they

        14       didn't pass the budget that certain things

        15       would be left out.  This Legislature over the

        16       years has ensured that many items, such as

        17       transportation and other things, are part of a

        18       contingent budget.  We didn't want to go

        19       through and deny children transportation

        20       because the district was using that as a

        21       hostage to get people to vote yes.

        22                  So here we merely say if there's

        23       going to be a contingent budget, what is it

        24       that will be in that?  Just don't tell me

        25       you're going to eliminate sports, but tell us


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         1       you're going to eliminate junior varsity

         2       tennis or freshman football or women's field

         3       hockey or women's soccer.  Be specific so that

         4       the voter understands, if they don't support

         5       the budget, what the contingency budget would

         6       look like.

         7                  So what we try and do -- and this

         8       bill could not be brought before this body at

         9       a more relevant time, when everything is all

        10       about disclosure, greater transparency, giving

        11       people information, making them part of the

        12       process.  And that's what this bill does.

        13                  SENATOR OPPENHEIMER:    Mr.

        14       President.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Oppenheimer.

        17                  SENATOR OPPENHEIMER:    On the

        18       bill.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Oppenheimer, on the bill.

        21                  SENATOR OPPENHEIMER:    There is

        22       much to applaud in this bill, Senator LaValle.

        23       I particularly like the fact that you're

        24       demonstrating very clearly what would and

        25       would not be in a contingency budget.  I think


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         1       that's very valuable.  I think demonstrating

         2       what is in the surplus funds is valuable.

         3                  But on the whole, I feel there are

         4       some damaging things in here, and I just want

         5       to speak briefly on them.

         6                  For one, nothing prohibits a school

         7       district now from doing just what you are

         8       recommending in your budget.  Indeed, in our

         9       school district, it is fully presented and we

        10       do get sometimes, I think, more information

        11       than we really want.

        12                  But as you say, information is

        13       valuable and voters should be informed.  And I

        14       think it's important that we do that.  And

        15       that's why I say part of this bill is very

        16       good.

        17                  But if you examine it more closely,

        18       this also has a requirement to do the proposed

        19       construction bonding at the same time.  And I

        20       really think -- at the same time as you do

        21       your school budget vote.  And I think that's

        22       the crux of my problem right there.

        23                  To do all the projects at the same

        24       time presents a number of problems.  It's a

        25       huge problem for SED because they will be


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         1       handling these requests for approval of

         2       construction bonding in many districts at the

         3       same time.  That's a problem.

         4                  A second problem is if this is done

         5       in the third week in May, when we must do our

         6       budget votes, then construction could not

         7       possibly start until the following year.  And

         8       the figures that you present in May of one

         9       year will not hold the same when they go into

        10       the ground a year later.

        11                  It doesn't offer the flexibility

        12       that is needed when you go to bond for

        13       construction.  You want to have flexibility as

        14       far as your labor and construction markets, as

        15       far as the bond markets.  And all of that is

        16       not available if you don't have the

        17       flexibility.  It must be this third week in

        18       March and no alternatives.

        19                  I think that is the main problem

        20       that I have.  And I see it as a problem for

        21       many of the people so intimately involved in

        22       school funding and education issues.  And I

        23       think there's a rather extraordinary communion

        24       of folks who don't want to see this happen,

        25       who want to see this bill defeated.  And it is


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         1       so extraordinary, this communion, that I'm

         2       going read them out.

         3                  For instance, SED, State Education

         4       Department, does not want to see this happen.

         5       The School Boards Association is against this

         6       bill.  The superintendents, the New York State

         7       Superintendents of Schools is against this

         8       bill.  The New York State United Teachers is

         9       against this bill.  Isn't it quite remarkable?

        10       I've never seen all these groups working

        11       together.  Quite extraordinary.

        12                  So I think, because I'm afraid

        13       something will strike me dead if I voted for

        14       this -- but no, seriously, I think the

        15       important thing is that we have to have the

        16       flexibility for when we put these bond

        17       resolutions before our constituencies.  And I

        18       think it is damaging to do it at the same time

        19       as we do our budget votes in May.

        20                  I'll be voting no.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Craig Johnson.

        23                  SENATOR CRAIG JOHNSON:    Thank you

        24       very much, Mr. President.  On the bill.

        25                  ACTING PRESIDENT GRIFFO:    On the


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         1       bill.

         2                  SENATOR CRAIG JOHNSON:    With all

         3       due respect to my good friend and colleague

         4       Senator Oppenheimer, I view this measure not

         5       as a glass half empty but a glass almost all

         6       the way full, and I will be voting in favor of

         7       this legislation.

         8                  I see this as a critical piece of

         9       legislation for our constituents.  That's what

        10       the issue we're talking about here.  With all

        11       due respect to the SED, to the School Boards

        12       Association, to the superintendents and to the

        13       teachers union, that's not what this bill is

        14       about.

        15                  This bill is about taxpayers who we

        16       represent who live in our districts who are

        17       faced on Election Day, the third Tuesday in

        18       May, with whether or not they want to see

        19       their property taxes go up.

        20                  Oftentimes these budget votes are

        21       very confusing.  Our school boards try very

        22       hard to educate the voting public about what's

        23       in a school budget, but oftentimes -- and I

        24       think everybody is experiencing it, especially

        25       members who represent the suburbs -- Senator


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         1       Marcellino, Senator LaValle, myself, Senator

         2       Oppenheimer, to name a few -- the fights that

         3       we see amongst our friends and neighbors over

         4       the school budgets, and a lot of times it's

         5       about information or misinformation that's

         6       being given on a school budget.

         7                  Oftentimes it's about the

         8       consequences of a failed budget vote.  Senator

         9       Fuschillo, my good friend, talked about

        10       Roosevelt today and how the Roosevelt budget

        11       vote, the first time around, failed.  In my

        12       district last month the Westbury School

        13       District budget vote failed for the first time

        14       and they had to go to a second round of votes.

        15                  Oftentimes the voters, when they

        16       see a second budget vote fail, then it goes

        17       into contingency.  But there are times when

        18       that contingency budget is actually very close

        19       in amount to what a proposed budget would be,

        20       and so you don't really know what's going to

        21       be lost.

        22                  So what you have here -- and I

        23       commend Senator LaValle for this

        24       legislation -- is a way to ensure full

        25       information about you're voting upon.  And


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         1       that full information provides and shows that

         2       this is the consequence if we don't pass a

         3       budget, look what could happen.

         4                  And it really requires the school

         5       board -- whose representatives are our

         6       neighbors, our friends, our constituents -- to

         7       think ahead of time during the process what

         8       the consequence will be if a budget fails.

         9                  Now, interestingly, I think many of

        10       us know that in -- and this administration has

        11       started talking about our state budget process

        12       starting earlier.  There's talks about

        13       starting the budget process for the state

        14       budget in November, giving a substantial

        15       period of time to talk about what's going to

        16       be in next year's budget.

        17                  This does the same thing and will

        18       require our school boards to do a little bit

        19       of the same thing, to start thinking about a

        20       budget earlier because they're going to be

        21       really required to do two budgets, the budget

        22       they hope to have passed and, if the budget

        23       doesn't get passed, what's the contingency

        24       budget.  And that way the entire voting public

        25       knows, look, this is what could happen if you


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         1       don't support a first budget.

         2                  And that's a good thing.  It's a

         3       good thing to know whether or not the JV

         4       tennis program is going to get cut, the

         5       driver's education program is going to get

         6       cut, the French program is going to get cut,

         7       or the school busing program is going to get

         8       cut.  The voters have a right to know because

         9       it's their tax dollars that are supporting

        10       these programs and these schools.

        11                  I truly appreciate the concerns

        12       that my colleague Senator Oppenheimer has and

        13       the concerns that these groups have put forth

        14       in expressing reservations about this

        15       legislation.  But I think that given all the

        16       difficulties we are seeing today with our

        17       residents who are facing the difficult choice

        18       of whether or not they can continue to afford

        19       to live in the area that Senator LaValle

        20       represents or the areas that I represent, we

        21       need to make the decision a little bit easier,

        22       and putting forth and supporting this

        23       initiative will help do that.

        24                  So I support Senator LaValle's

        25       initiative, I commend Senator LaValle, and I


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         1       will be voting yes on this initiative.

         2                  Thank you very much.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Stavisky.

         5                  SENATOR STAVISKY:    I have a

         6       question for Senator LaValle, if he would

         7       yield.

         8                  ACTING PRESIDENT GRIFFO:    Will

         9       the sponsor yield?

        10                  SENATOR LaVALLE:    Yes, I will,

        11       Mr. President.

        12                  SENATOR STAVISKY:    Is there any

        13       provision for an emergency situation where a

        14       school district finds an unanticipated

        15       special, expensive need that would have to be

        16       bonded out?

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       LaValle.

        19                  SENATOR LaVALLE:    Senator

        20       Stavisky, as you would probably imagine, in

        21       the drafting of this bill I was very

        22       intimately involved.  And we talked about -- I

        23       talked about that, and I've got to find that

        24       one section, because I can't -- unless you

        25       have it there.


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         1                  But there was -- in the discussion

         2       on this bill we thought about putting in

         3       the -- allowing for emergencies.  Because a

         4       boiler could explode.  To replace a boiler you

         5       would need, you know, voter approval or --

         6       although there are certain, you know,

         7       exceptions.

         8                  And I'm glad that Senator

         9       Oppenheimer brought up this issue of the

        10       bonding, and you're bringing it up, because

        11       some of these things can be resolved in a

        12       chapter amendment.

        13                  The issue of the bonding being at

        14       the same time was done because many of our

        15       taxpayers, particularly senior citizens, feel

        16       offended that it is brought up in January and

        17       February when, you know, a large percent are

        18       being snowbirds down in Florida.

        19                  Now, whether it's just a

        20       coincidence or not, they feel offended.  And

        21       that resentment builds up a negative attitude

        22       when they can vote on the budget.  Because

        23       they say, You know what you did to me, you

        24       know, in January and February, I'm going to

        25       vote no on the budget.


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         1                  I don't have an answer for you

         2       on -- without looking through the bill, unless

         3       you've looked through it and you know it

         4       either exists or it doesn't exist.  Does it

         5       exist?

         6                  SENATOR STAVISKY:    (Shrugging.)

         7                  SENATOR LaVALLE:    You don't know.

         8                  But it's a good point.  It's a good

         9       point.  Because there had been discussion on

        10       this very issue, and I honestly don't know

        11       whether it got into this version.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Stavisky.

        14                  SENATOR STAVISKY:    I think I'm

        15       going to have an answer in a moment.

        16                  SENATOR LaVALLE:    I think I was

        17       right in what I said, that there are other

        18       provisions outside of this that allow you, in

        19       emergency situations, to move forward.

        20                  SENATOR STAVISKY:    Because I

        21       would not -- through you, Mr. President, I'm

        22       sure you would agree we would not want a bond

        23       issue to replace a boiler.  That's just bad

        24       policy.

        25                  On the other hand, if, let's say,


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         1       there's a flood, as we've been experiencing,

         2       and perhaps there's extensive damage to a

         3       school, then perhaps this is a more serious

         4       situation that could require an emergency

         5       appropriation.

         6                  SENATOR LaVALLE:    Those kinds of

         7       things are allowed in law.  I mean, all the

         8       time there are fires and schools have to be

         9       repaired and they are repaired in those

        10       circumstances.

        11                  SENATOR STAVISKY:    Through you,

        12       Mr. President, Senator LaValle raises another

        13       interesting question.

        14                  Do they have any provision for

        15       absentee voting in these school board

        16       elections?

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       LaValle.

        19                  SENATOR LaVALLE:    I'm sorry?

        20                  ACTING PRESIDENT GRIFFO:    Can we

        21       have some order, please.

        22                  Senator Stavisky.

        23                  SENATOR STAVISKY:    Through you,

        24       Mr. President, are there any provisions made

        25       for absentee voting in the school board


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         1       elections?

         2                  SENATOR LaVALLE:    Of course there

         3       are.

         4                  SENATOR STAVISKY:    So,

         5       Mr. President, presumably the senior citizens

         6       can vote on an absentee ballot if they're

         7       indeed snowbirds.

         8                  Thank you, Senator.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you.

        11                  Senator Oppenheimer.

        12                  SENATOR OPPENHEIMER:    Thank you.

        13       I guess I want to direct this -- if Senator

        14       Craig Johnson would yield.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Johnson, do you yield to a question from

        17       Senator Oppenheimer?

        18                  SENATOR CRAIG JOHNSON:    Of

        19       course, Senator.  Yes, Mr. President.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Oppenheimer.

        22                  SENATOR OPPENHEIMER:    Well, I did

        23       not want to forget to say that the

        24       opportunity -- this is a statement I'm making;

        25       then I'll ask my question -- the opportunity


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         1       to put in emergency legislation I would assume

         2       is not under question.  Because if you have a

         3       burnt-out school or a flooded-out school, you

         4       have to do something.

         5                  So I think that even though it

         6       might not specifically be written into the

         7       bill, I think under an emergency situation we

         8       would always be able to correct what the

         9       problem was.

        10                  In the case of Bronxville in

        11       Westchester, which Bronxville High School got

        12       flooded out, we had emergency legislation so

        13       that we could do something.  So again --

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Oppenheimer, are you speaking on the bill or

        16       do you have a question?

        17                  SENATOR OPPENHEIMER:    No, I said

        18       I was making a statement.  Now I'm going to

        19       ask my question.

        20                  And the question is that there

        21       seems to be perhaps some kind of a problem

        22       which I'm trying to understand, because I

        23       don't experience that problem where I am in my

        24       county.  And we both have suburban counties,

        25       so I can't imagine that they're that


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         1       different.

         2                  But why is it not available to you

         3       now, since all these resources are there and

         4       we do require them, more or less, in our

         5       county, by going to your school board --

         6       here's your question -- by going to your

         7       school board and saying, This is what we

         8       expect you to do.  We -- you know, the

         9       population of your school district -- are very

        10       interested in seeing that you give us a full

        11       representation of all of your reserve funds,

        12       of, you know, what -- I know, you're

        13       shrugging.

        14                  But you can appeal to your school

        15       board to say, This is what we expect, we the

        16       voters of this school district.

        17                  So I'll first present it to Senator

        18       Craig Johnson, and then I will ask for Senator

        19       LaValle.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Johnson.

        22                  SENATOR CRAIG JOHNSON:    Thank you

        23       very much.  Thank you, Mr. President.  Thank

        24       you, Senator, for the question.

        25                  I think it's very simple.  I think


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         1       that we represent the residents of our

         2       district as a senatorial body.  And oftentimes

         3       school boards may or may not take the

         4       suggestion.  I'll give you a perfect example,

         5       and something that we handled today not just,

         6       you know, six hours ago, and that was the food

         7       allergy bill.

         8                  When I was a county legislator, I

         9       had to enlist the Nassau County Board of

        10       Health to recommend to school boards to enact

        11       a food allergy guideline.  Now, it was just a

        12       recommendation.  They could do it if they

        13       wanted to, or they could not do it.  Some

        14       school boards in Nassau County did it; some

        15       didn't, and for a variety of reasons.

        16                  Same here.  Now, with this piece of

        17       legislation, we have an opportunity to make a

        18       statement to direct the school boards to do

        19       this.  To do this.  It is that important, I

        20       believe.  Not as a sponsor or cosponsor, but

        21       simply as an interested Senator representing

        22       the 7th Senatorial District, to have all my

        23       school boards undertake this responsibility.

        24                  And they can do it.  I believe they

        25       can do it.  They have the staffing, they have


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         1       the personnel to prepare, while they're

         2       preparing the budget and the information for

         3       the budgets, to also prepare the information

         4       to show the what-if scenario to fully educate

         5       the voters.

         6                  SENATOR OPPENHEIMER:    Thank you.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Oppenheimer.

         9                  SENATOR OPPENHEIMER:    If Senator

        10       LaValle would please respond to that same

        11       question.

        12                  ACTING PRESIDENT GRIFFO:    Would

        13       the sponsor yield?

        14                  SENATOR LaVALLE:    Yes, I will.

        15                  It feels a little bit like a

        16       candidate night, that you're asking several

        17       people that one question.

        18                  But this was drafted with the

        19       purpose of ensuring that information gets to

        20       the public, that it's done uniformly.  Yes,

        21       there are probably school districts that are

        22       exemplary, that they feel a connection with

        23       their taxpayer and are responsive.  But I

        24       would tell you, on the issue of the surplus

        25       monies and the way a budget is formulated,


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         1       with other monies buried in there, school

         2       districts for the most part have adopted,

         3       unfortunately -- and I can't understand why --

         4       a them-and-us attitude.

         5                  And so if there is one level of

         6       government that doesn't have transparency and

         7       doesn't have disclosure, it's at the one level

         8       where 68 percent of an individual's tax bill

         9       is school taxes.  That should be the level

        10       that has the greatest disclosure, the greatest

        11       communication, so that people feel part of the

        12       process.

        13                  So, I mean, I can't tell you out of

        14       more than 700 districts whether 200 are rogues

        15       and the other 500 are exemplary, good

        16       citizens.

        17                  I also would say to you, Senator,

        18       that being a school board member is a

        19       volunteer position.  It's a volunteer

        20       position.  They can only spend so much time in

        21       their life to scrutinize this huge budget.  In

        22       Suffolk County and Nassau County there are

        23       many budgets well over $100 million and

        24       growing.  And growing.  How do we expect a

        25       volunteer to go through that budget in detail?


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         1                  And many times I'll say to a school

         2       board member, How could you support this?

         3       They go [shrugs], I didn't even know it was in

         4       there.

         5                  So I think we need standards so

         6       that everyone can properly disclose what is

         7       going on in a very complex situation.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Oppenheimer.

        10                  SENATOR OPPENHEIMER:    Well, I do

        11       appreciate -- yes, I'm on the bill.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Oppenheimer, on the bill.

        14                  SENATOR OPPENHEIMER:    I do

        15       appreciate what my colleagues are saying.  And

        16       perhaps I don't have too many examples of what

        17       they're describing in my county, though I can

        18       hear that there are certain examples in the

        19       other counties.

        20                  I feel the example of the snowbirds

        21       voting their ire when it comes time for the

        22       regular school budget, that doesn't hold

        23       water.  Because I was going to say the same

        24       thing that Senator Stavisky said, which is if

        25       they're so interested in voting down a bond


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         1       issue, then they ought to be voting in

         2       absentee.  And we certainly have a lot of

         3       absentee voters.

         4                  But the very problematic piece of

         5       all of this is putting the bonding on the same

         6       vote date as the regular school board and

         7       school budget vote.  And that presents so many

         8       problems, makes it so much more costly when

         9       you have to delay by one year getting into the

        10       ground to do your construction.

        11                  And seeing as how every entity that

        12       seems to be involved in school and school

        13       budgeting and school education, every entity

        14       seems to be against this, I will be voting no.

        15                  ACTING PRESIDENT GRIFFO:    Is

        16       there any other Senator that wishes to be

        17       heard?

        18                  Debate is closed.  The Secretary

        19       will ring the bells.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 9.  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                  ACTING PRESIDENT GRIFFO:

         2       Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 2040 are

         5       Senators Adams, Connor, Dilan, Duane,

         6       Gonzalez, Hassell-Thompson, L. Krueger,

         7       Montgomery, Onorato, Oppenheimer, Perkins,

         8       Sampson, Schneiderman, Serrano, Smith,

         9       Stachowski, Stavisky and Thompson.

        10                  Absent from voting:  Senator C.

        11       Kruger.

        12                  Ayes, 42.  Nays, 18.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       2065, by Senator Marcellino, Senate Print

        18       6323, an act to amend the Environmental

        19       Conservation Law.

        20                  SENATOR SCHNEIDERMAN:

        21       Explanation.

        22                  ACTING PRESIDENT GRIFFO:

        23       Explanation, Senator Marcellino.

        24                  SENATOR MARCELLINO:    Thank you,

        25       Mr. President.


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         1                  In 2003 we passed the first

         2       brownfield law in this state, after many, many

         3       years of hard work and a lot of effort on a

         4       lot of people's parts.

         5                  From just about day one, people

         6       were asking us to amend the bill and change

         7       it.  We held off because we felt the bill

         8       should be given a chance to operate and

         9       function, see what it did in the real world.

        10       Let's see what would happen when various

        11       organizations, municipalities, lawyers,

        12       developers and the like got involved.

        13                  After a few years it became evident

        14       that the bill was not working the way it was

        15       intended.  The bill had the opportunity and

        16       the potential to be the greatest environmental

        17       cleanup measure and the great economic

        18       development measure that this state has seen.

        19                  After meeting with various

        20       individuals, organizations and groups, we

        21       began to develop the bill that is before us

        22       today.  This bill clarifies that brownfield

        23       sites with historic fill are eligible for the

        24       program.  And this change will allow a large

        25       number of sites to enter the program,


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         1       especially those located on our waterfronts

         2       and those in our inner cities.

         3                  This Senate bill moves the

         4       Brownfield Opportunity Areas from the DEC to

         5       oversight by the Department of State.  The BOA

         6       program encourages community planning in

         7       neighborhoods burdened by brownfields, by

         8       providing funds to help assess the conditions

         9       fueling abandonment and decay and to create a

        10       community vision that subsequent cleanups and

        11       community development projects will help

        12       fulfill.

        13                  This amendment will remove the

        14       delays in funding for this key program that

        15       ensures community participation and

        16       revitalization of distressed areas and the

        17       attraction of new investment to those areas,

        18       which is a key element here.

        19                  This Senate bill modifies the

        20       environmental easements on remediated

        21       brownfields to meet the standards of the

        22       Uniform Environment Covenancy Act.  These

        23       standards were developed by the National

        24       Conference of Commissioners of Uniform State

        25       Laws.  These changes will offer more certainty


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         1       for national developers looking to do cleanups

         2       in New York State.

         3                  The bill is a good step.  Is it

         4       everything I would want?  No.  Does it address

         5       every issue I think might have to be

         6       addressed?  No.  The committees -- and we're

         7       in communication with the En Con Committee in

         8       the other house, chaired by my friend

         9       Assemblyman Sweeney -- are going to hold some

        10       hearings over the summer to address the issue,

        11       to see what we can do to develop approval.

        12                  Right now there is no corresponding

        13       bill in the other house.  So we're going to

        14       try to come together on this issue and see if

        15       we can close some of the loopholes and some of

        16       the doors that are still left open by the

        17       prior bill.

        18                  But I do believe that this bill

        19       provides us a good basis to work from.  And if

        20       we had to pass this bill today and it was to

        21       become law, it would eliminate probably 75 to

        22       80 percent of the objections that are out

        23       there by any groups.

        24                  Thank you.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Schneiderman.

         2                  SENATOR SCHNEIDERMAN:    Thank you,

         3       Mr. President.  If the sponsor would yield for

         4       a few brief questions.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Marcellino, will you yield for a few brief

         7       questions?

         8                  SENATOR MARCELLINO:    Yes, I'm

         9       happy to yield.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Schneiderman.

        12                  SENATOR SCHNEIDERMAN:    Thank you.

        13                  Under this legislation, if I am the

        14       owner -- I purchased a state Superfund site

        15       with full knowledge that it was a polluted

        16       site, a Class 2 Superfund site -- as soon as

        17       this bill passes, as of the effective date, I

        18       would be able to transfer that into a

        19       brownfield site and receive tax credits for a

        20       cleanup that I'm already legally obligated to

        21       perform.  Is that not correct?

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Marcellino.

        24                  SENATOR MARCELLINO:    As long as

        25       the site is owned by someone who didn't do the


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         1       spilling.  The program is only for volunteers.

         2                  SENATOR SCHNEIDERMAN:    Yes.  If I

         3       am a purchaser who purchased with knowledge a

         4       Class 2 Superfund site, know I have to clean

         5       it up when I buy it, that's factored into the

         6       purchase price, this program, as of the day

         7       this bill becomes law, would get me off the

         8       hook and I could make it a brownfield, receive

         9       tax credits for obligations that I'm already

        10       under.  Is that not correct?

        11                  SENATOR MARCELLINO:    The answer

        12       is yes.

        13                  SENATOR SCHNEIDERMAN:    Thank you,

        14       Mr. President.  Thank the sponsor.

        15                  On the bill.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Schneiderman, on the bill.

        18                  SENATOR SCHNEIDERMAN:    This is

        19       one of the most remarkable end-of-session

        20       moves I've seen in a few years.

        21                  We know that we have a problem with

        22       our current Superfund and brownfield programs.

        23       We know that under the last administration's

        24       Department of Environmental Conservation,

        25       sites languished, there was not the kind of


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         1       vigorous pursuit of polluters and responsible

         2       parties that the law contemplates.

         3                  Now, all of a sudden, we've got a

         4       new sheriff in town, a new DEC commissioner

         5       who maybe is more interested in pursuing

         6       polluters and responsible parties.

         7                  So what this would do -- ladies and

         8       gentlemen, before you vote for this, think

         9       carefully -- this would take Class 2 Superfund

        10       sites -- which are the worst sites in the

        11       state.  We have no Class 1 Superfund sites in

        12       the state.  The worst polluted sites are Class

        13       2 Superfund sites.  They are under this

        14       bill -- and everyone who owns one, as long as

        15       you weren't the actual polluter, but most of

        16       these sites have been passed along over time,

        17       would be immediately removed from the

        18       obligation to clean it up with no cost to the

        19       state and place it into the brownfield program

        20       where you could receive tax credits.

        21                  This is some transfer from the

        22       taxpayers of the State of New York to big

        23       property owners, developers, and businessmen

        24       of the State of New York.

        25                  So, you know, you can't blame


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         1       people for trying.  They should try to get

         2       money.  Capitalists are in business to make

         3       money.  If I buy stock in a company, I want

         4       them to make money.  But they shouldn't be

         5       given the money, by the Senate of the State of

         6       New York, of the taxpayers of the State of

         7       New York, to clean up sites that they're

         8       already under a legal obligation to clean up.

         9                  Now, the new DEC commissioner is

        10       working -- and, as the sponsor has correctly

        11       acknowledged, the Assembly is working -- to

        12       come up with proposals to amend our current

        13       brownfield bill.  Why we would make this

        14       hollow gesture in favor of some developers, in

        15       favor of some people who are not eligible for

        16       the substantial tax credits under the

        17       brownfield law and want to be, why we would do

        18       this, I don't know.  There may be some hidden

        19       financial connection that I can't see.

        20                  But I know that the Environmental

        21       Advocates are opposed to it quite simply for

        22       this reason.  This bill, while it contains

        23       provisions we all support, does not deal with

        24       the problem of the tax credits, which is the

        25       principal problem of the brownfields program.


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         1       It doesn't deal with the problem that we have

         2       tax credits that are given out today that have

         3       no proportionality to the amount of cleanup.

         4                  This bill in fact would create

         5       another loophole and transfer millions and

         6       millions more dollars of tax credits to the

         7       developers.  Let me give you --

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Connor, why do you rise?

        10                  SENATOR CONNOR:    Yes, excuse me,

        11       Mr. President.  Would Senator Schneiderman

        12       yield for a question?

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Schneiderman, will you yield?

        15                  SENATOR SCHNEIDERMAN:    Let me

        16       just check my place in my voluminous notes,

        17       and I'd be happy to yield to the distinguished

        18       gentleman from Brooklyn Heights.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Connor.

        21                  SENATOR CONNOR:    Thank you,

        22       Mr. President.

        23                  I would ask Senator Schneiderman if

        24       he had occasion, as I did, to read the entire

        25       PlanNYC proposal proposed by the mayor of


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         1       New York City, which includes congestion

         2       pricing, and if he was aware of the fact that

         3       it also includes a similar brownfields

         4       provision exonerating persons who own polluted

         5       sites and giving them taxpayer funds to clean

         6       them up.

         7                  SENATOR SCHNEIDERMAN:    Yes.

         8       We're taking a slight trip a bit afield, but

         9       it is absolutely correct that the PlanNYC

        10       legislation does include a brownfields

        11       provision.  It is not the same as this, but it

        12       has several features which in fact, when we

        13       met with the mayor's representatives, I have

        14       objected to.

        15                  Among other things -- I don't want

        16       to give ideas that might be seized upon to the

        17       detriment of the public interest, but among

        18       other things, the mayor's proposal actually

        19       provides that companies can self-certify their

        20       cleanup, which is viewed as very problematic

        21       by a lot of environmentalists.

        22                  SENATOR CONNOR:    Right.  It's

        23       even more problematic than --

        24                  SENATOR SCHNEIDERMAN:    But yes,

        25       you are correct that there is a brownfields


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         1       program there.  And should the congestion

         2       pricing legislation ever grace this house, I

         3       look forward to a discussion of these matters

         4       then.

         5                  But meanwhile, back at the current

         6       caper, the brownfields tax credit program

         7       currently has no requirement that limits the

         8       amount of tax credit to the amount of money

         9       spent on the cleanup.  So think of the lust of

        10       the developers for these tax credits when you

        11       hear the following examples.  I'm trying to

        12       get Sabini's support.

        13                  Here's an example of one cleanup.

        14       The cost of the site preparation, the cleanup,

        15       was $1.5 million.  But the development was a

        16       $500 million development, making that

        17       developer eligible for $110 million in tax

        18       credits for a $1.5 million cleanup.

        19                  Ah, another example.  This in

        20       Manhattan, in fact.  A $770 million

        21       development proposal, they spent $18.2 million

        22       on cleanup, but they got a $157.6 million tax

        23       credit.

        24                  So the problem with the brownfields

        25       program that the Assembly is attempting to


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         1       address, that Commissioner Grannis is

         2       attempting to address, is that the tax credits

         3       are already out of control.  The only thing

         4       that is putting some limits on some of the

         5       sites, the worst sites, is that currently,

         6       under the existing program, Class 2 Superfund

         7       sites and other Superfund sites -- but the

         8       worst are the Class 2 sites -- are not

         9       eligible for these tax credits.  That is the

        10       one thing that is holding back the sea.

        11                  This bill would immediately

        12       transfer every existing Class 2 site held by a

        13       purchaser -- not by a polluter, but held by

        14       someone who bought it with knowledge of the

        15       pollution -- and turn it in a brownfield so

        16       they're eligible for these tax credits.  That

        17       is a monumental transfer of the taxpayer

        18       dollars we are supposed to protect to

        19       developers and real estate interests in the

        20       State of New York.

        21                  I hope you are all listening and

        22       paying attention.  It is not necessary for us

        23       to pass this bill.  It is a one-house bill.

        24       Hearings are being held.  The new commissioner

        25       wants to take a more aggressive approach to


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         1       going after the very polluters -- the very

         2       holders of polluted property, excuse me, the

         3       responsible parties for pollution of Superfund

         4       sites that this bill would transfer into the

         5       brownfields program.

         6                  So, ladies and gentlemen, it is

         7       late in the day and it's late in the session.

         8       Whatever interests have compelled you to move

         9       forward and advance this bill today, I urge

        10       you to rethink it.  This is a bad bill for the

        11       people of the State of New York.  This is a

        12       bad bill for the taxpayers of the State of

        13       New York.

        14                  And the final piece of this that I

        15       must raise that adds insult to injury is that

        16       this bill would enable local governments to

        17       authorize sites to be brownfields.  Now, I

        18       love my local government.  I love the

        19       independent mayor of my local government --

        20       more so since he's independent.  But

        21       municipalities who are not paying for the tax

        22       credits should not be authorized to accept

        23       applications for brownfields.  If I'm running

        24       a municipality, I want everyone in my

        25       municipality to get state tax credits for


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         1       cleanups.  That is bad public policy.

         2                  So I would urge all of you,

         3       particularly anyone who has any notion or any

         4       claim to being a fiscal conservative, do not

         5       give away taxpayer dollars to developers.  Do

         6       not open up the floodgates for the brownfields

         7       program while we are in the process of

         8       attempting to review and modify the program.

         9                  I appreciate the fact that we have

        10       to do something about this.  The work is

        11       underway by Commissioner Grannis and by the

        12       Assembly, led by that great Assemblyman Diaz.

        13       And I hope that you will all think carefully

        14       before we vote for something -- the good Diaz.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Diaz, why do you rise?

        17                  SENATOR SCHNEIDERMAN:    Yes, yes,

        18       let me just finish this sentence.  Momentito,

        19       por favor.

        20                  So I urge all of you, before we go

        21       off on what I have a feeling will be another

        22       entertaining frolic or detour, to think

        23       carefully about this bill and vote against it.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Diaz.

         2                  SENATOR DIAZ:    Would Senator

         3       Schneiderman yield for a question.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Schneiderman, do you yield?

         6                  SENATOR SCHNEIDERMAN:    [In

         7       Spanish.]

         8                  SENATOR DIAZ:    [In Spanish.]

         9                  SENATOR SCHNEIDERMAN:    [In

        10       Spanish.]

        11                  SENATOR DIAZ:    [In Spanish.]

        12                  ACTING PRESIDENT GRIFFO:    For the

        13       benefit of the stenographer.

        14                  SENATOR SCHNEIDERMAN:    Don't

        15       worry.

        16                  (Laughter.)

        17                  ACTING PRESIDENT GRIFFO:    Muy

        18       bien.

        19                  (Laughter.)

        20                  SENATOR DIAZ:    This is the bad

        21       Diaz.  The good Diaz is on the other side.

        22                  SENATOR SCHNEIDERMAN:    The good

        23       Diaz, supporting the Assembly hearings.

        24                  SENATOR DIAZ:    Senator, I'm just

        25       going to pick up on what Senator Connor asked.


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         1       Could you please explain to me in Spanish, in

         2       English, in German, in whatever you want, what

         3       is the difference between this granting

         4       permission or exemptions to developers and

         5       Mayor Bloomberg's plan?

         6                  SENATOR SCHNEIDERMAN:    Si.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Schneiderman.

         9                  SENATOR SCHNEIDERMAN:    Thank you.

        10                  There's actually very little

        11       overlap between this proposal and Mayor

        12       Bloomberg's proposal.  This proposal is a

        13       statewide proposal that specifically transfers

        14       a certain category of sites, Superfund sites,

        15       or makes them eligible for transfer into the

        16       brownfields program.

        17                  The mayor's proposal is more of a

        18       prospective program.  It doesn't retroactively

        19       transfer sites, which is what this bill does.

        20       But it does have some provisions, and I

        21       mentioned it in conference -- si?

        22                  SENATOR DIAZ:    No.  No.

        23                  SENATOR SCHNEIDERMAN:    Excuse me.

        24       Momentito.

        25                  It does allow for easing the


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         1       requirements, to a certain extent, for

         2       certification of brownfield cleanup.  And some

         3       environmentalists have raised that as a

         4       problem.  But it's a very different provision.

         5                  SENATOR DIAZ:    Mr. President.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Diaz.

         8                  SENATOR DIAZ:    Would Senator

         9       Schneiderman please yield for another

        10       question.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Schneiderman, do you continue to yield?

        13                  SENATOR SCHNEIDERMAN:    Oh, I

        14       continue to yield.

        15                  SENATOR DIAZ:    Does Bloomberg's

        16       plan give tax money to landowners as this bill

        17       does, yes or no?

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Schneiderman, the question is yes or no.

        20                  SENATOR SCHNEIDERMAN:    Thank you,

        21       Mr. President, but I work alone.

        22                  (Laughter.)

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Schneiderman, you're out of order.

        25                  (Catcalls from floor.)


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         1                  SENATOR SCHNEIDERMAN:    How can I

         2       be out of order?  I can't be ruled out of

         3       order in a debate with him.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Diaz --

         6                  SENATOR DIAZ:    Yes or no?

         7                  SENATOR SCHNEIDERMAN:    The answer

         8       is in a different way the mayor's program does

         9       make it easier for developers to get

        10       brownfield tax credits.  Or, actually, it's a

        11       very different provision.  It enables them to

        12       end their requirement to clean up the site at

        13       all.

        14                  So it is a different way, but it

        15       does confer a benefit on developers, yes.

        16       It's a different benefit.

        17                  SENATOR DIAZ:    Mr. President,

        18       through you, can I get an answer yes or no?

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Schneiderman, would you please give an answer

        21       to Senator Diaz and can you do it with a yes

        22       or no?

        23                  SENATOR SCHNEIDERMAN:    Yes or no.

        24       That's the best -- it's a different program.

        25       Senator, it's not the same.


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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Diaz.

         3                  SENATOR DIAZ:    Through you,

         4       Mr. President, would the Senator yield for

         5       another question.

         6                  SENATOR SCHNEIDERMAN:    Yes, I

         7       will yield for another question.

         8                  SENATOR DIAZ:    Are you supporting

         9       Mayor Bloomberg's plan?

        10                  SENATOR SCHNEIDERMAN:    I support

        11       the concept of congestion pricing.  I have

        12       raised some of the problems I have with the

        13       plan, including this one, in conference.

        14                  When you were in conference when

        15       the mayor's people were there?  I'm sorry.

        16       Senator Diaz, if you had been in conference

        17       when the mayor's people were there last time,

        18       I specifically raised this issue of brownfield

        19       sites with them in the conference.

        20                  Senator Savino is nodding her head,

        21       and you know her to be a good and honorable

        22       person.

        23                  SENATOR DIAZ:    Mr. President.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Diaz.


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         1                  SENATOR DIAZ:    Will the Senator

         2       still yield for another question.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Schneiderman, do you continue to yield?

         5                  SENATOR SCHNEIDERMAN:    Well, I'm

         6       getting a lot of huffing here.  So una mas.

         7       Una mas.

         8                  SENATOR DIAZ:    Okay, I --

         9       Senator, I just want you to be honest with

        10       yourself and with everybody else.  You cannot

        11       come and attack a bill because it's a

        12       Republican bill that gives credits to -- and

        13       then support Mayor Bloomberg, who does the

        14       same thing.

        15                  Either you are for it or you are

        16       against it.  Or you were for the bill before

        17       you were against it.  What is it?  Thank you

        18       very much.

        19                  (Laughter.)

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Schneiderman.

        22                  SENATOR SCHNEIDERMAN:    Thank you.

        23       Just to wrap up.  Yes, I would like to answer

        24       that, and believe me, I will later.

        25                  No, I appreciate what the Senator


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         1       is saying.  He's calling attention to the fact

         2       that there are brownfield provisions, as

         3       Senator Connor did somewhat more briefly, in

         4       the brownfields program proposed by the mayor.

         5       The mayor's program is a very complicated

         6       proposal.  And most of us who support the

         7       concept of congestion pricing have one problem

         8       or another with part of the bill.

         9                  That, I would like to suggest -- if

        10       we put that aside, let's look at every bill on

        11       the merits, whether it's Republican or

        12       Democrat.  And when Mayor Bloomberg proposed

        13       that plan, he was a Republican too.  So it was

        14       a bipartisan act to encourage him, but it's

        15       also an act encouraged by all of the

        16       environmental justice groups I've worked with

        17       in the City of New York for many years.

        18                  This bill is a completely separate

        19       issue.  It is an unnecessary bill.  It is a

        20       bill that transfers Class 2 Superfund sites in

        21       the brownfields program, confers billions of

        22       dollars, potentially, of tax credits paid for

        23       by the taxpayers on developers.

        24                  We should not be supporting this

        25       bill.  We should allow the Assembly hearings


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         1       to go forward.  I would suggest that we should

         2       conduct our own hearings on the issue, if

         3       necessary.  And we should be working with the

         4       new DEC commissioner, who right now has his

         5       sights set on targeting the responsible

         6       parties in these Class 2 Superfund sites.

         7                  And what are we doing?  Are we

         8       helping him?  Are we helping to get the

         9       polluters to pay?  Are we helping to get the

        10       property owners to clean up?  No.  We're

        11       proposing to transfer those sites into a

        12       program so that these people can get tax

        13       credits paid for by our constituents.

        14                  I urge everyone to vote no,

        15       including my friend de boricua.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Johnson.

        18                  SENATOR CRAIG JOHNSON:    Thank

        19       you, Mr. President.  Mr. President, will the

        20       sponsor of the bill yield for a couple of

        21       short questions, please.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Marcellino, will you yield for a couple of

        24       questions?

        25                  SENATOR MARCELLINO:    Yes, I will.


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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Johnson.

         3                  SENATOR CRAIG JOHNSON:    Thank

         4       you.  Through you, Mr. President.  Senator

         5       Marcellino, I just want to clarify a couple of

         6       things.

         7                  Did this bill go before the

         8       Environmental Conservation Committee, the

         9       committee that you chair and that I am the

        10       ranking member on?

        11                  SENATOR MARCELLINO:    No, it did

        12       not.  It was introduced into the Rules

        13       Committee.

        14                  SENATOR CRAIG JOHNSON:    Mr.

        15       President, through you, will the sponsor

        16       continue to yield?

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Marcellino, will you continue to yield?

        19                  SENATOR MARCELLINO:    Yes.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Johnson.

        22                  SENATOR CRAIG JOHNSON:    And I

        23       believe that -- and correct me if I'm wrong,

        24       was this bill introduced on June 18th of this

        25       year?


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         1                  SENATOR MARCELLINO:    Yes, this

         2       bill was.

         3                  However, I must state for the

         4       record that that bill was part of the Upstate

         5       Now package that was passed in this house.

         6       And Senator Schneiderman voted for it, and so

         7       did you, Senator Johnson.  As did everybody

         8       else.  Because the bill passed unanimously, I

         9       think.

        10                  SENATOR CRAIG JOHNSON:    Through

        11       you, Mr. President, will the sponsor continue

        12       to yield?

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Marcellino, will you yield?

        15                  SENATOR MARCELLINO:    Yes.

        16                  SENATOR CRAIG JOHNSON:    Thank

        17       you, Senator Marcellino.

        18                  Is there an Assembly same-as bill?

        19                  SENATOR MARCELLINO:    I think I

        20       said that at the early part of it.  There is

        21       none.

        22                  SENATOR CRAIG JOHNSON:    Okay.

        23       Through you, Mr. President, will the sponsor

        24       continue to yield?

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Marcellino, do you continue to yield?

         2                  SENATOR MARCELLINO:    Yes.

         3                  SENATOR CRAIG JOHNSON:    I

         4       apologize, I was detained.  I didn't hear

         5       that.

         6                  SENATOR MARCELLINO:    No problem.

         7                  SENATOR CRAIG JOHNSON:    Can you

         8       tell me which groups or -- advocacy groups or

         9       other interested parties either support this

        10       legislation or oppose this legislation?

        11                  SENATOR MARCELLINO:    We have

        12       NYPIRG's memo in opposition.

        13                  Senator Schneiderman mentioned EA.

        14       They rescinded their memo of opposition.  If

        15       you check it out now, you'll find that

        16       Environmental Advocates no longer opposes the

        17       bill.  They've rescinded that memo in

        18       opposition, Senator.

        19                  In NYPIRG's opposition memo, they

        20       actually say "We commend the Senate for

        21       identifying the weaknesses in the BCP program

        22       and proposing measures to address them."  They

        23       talk about the tax credits, as did Senator

        24       Schneiderman.  But what you have here is a

        25       situation where some groups are making the


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         1       perfect the enemy of the good.

         2                  We can address other issues in

         3       hearings, you're right.  And I said that also

         4       in my opening remarks, that we will be holding

         5       hearings on this program.  Senator

         6       Schneiderman talks about Class 2 sites.  They

         7       can't get in the program any longer, Senator.

         8       That door closed in 2005.

         9                  You're right, a site could get in.

        10       But in my mind the issue here is cleaning up.

        11       If I lived in a community with a lot of

        12       brownfield sites, I'd want this bill, because

        13       I'd want to encourage as much cleanup as I

        14       possibly could.

        15                  The attorney general then, who is

        16       now governor, was responsible or should have

        17       been bringing suits against polluting sites.

        18       I am all for going after polluters.  I am all

        19       for supporting Commissioner Grannis in any

        20       targeting of polluters that he can find.  And

        21       the current attorney general as well as the

        22       prior one should be aggressively taking these

        23       people or organizations or companies or

        24       whatever to court to bring them in and make

        25       them pay for the cleanup.


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         1                  However, pending that long

         2       litigation process -- and, Senator, as you

         3       well know -- you're an attorney, you know the

         4       process; so does Senator Schneiderman -- it's

         5       very difficult to find some of these groups.

         6       They're gone.  They're hidden by rows and rows

         7       and rows of phony corporations that have long

         8       since gone away.

         9                  If I lived in those communities,

        10       I'd want the cleanup.  I think that was part

        11       of what Mayor Bloomberg was talking about.  He

        12       wants the cleanup in the City of New York.  He

        13       wants the dollars invested in the City of

        14       New York.  He wants the jobs created by the

        15       cleanups to occur in the City of New York, as

        16       I do in every community from Buffalo to

        17       Montauk.  I want the cleanup to occur in all

        18       of those communities.  I want the tax revenues

        19       to occur when these sites are cleaned up and

        20       put back on the tax rolls.

        21                  We are not spending enough money on

        22       cleanup.  As I said in discussion of the EPF

        23       expansion bill, which passed this house just a

        24       few moments ago, we are not spending enough on

        25       cleanup.  It's not that there's too much


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         1       money.  It's not being spent in the right

         2       places.

         3                  We need to get those communities

         4       clean.  We need those brownfield sites clean.

         5       And we need to encourage and entice

         6       organizations to come in -- you don't have

         7       people walking in and saying, Ah, we can a

         8       make a fortune by cleaning up a site.

         9                  They're going to have to buy a

        10       polluted site and engage in cleanup, which is

        11       a rigorous process, and undergo scrutiny while

        12       they do it.  And they're going to have to

        13       expend an awful lot of money to do that.  And

        14       as a result, the community benefits.  The

        15       state benefits, the city benefits, the

        16       neighborhood benefits, everybody benefits from

        17       the cleanup.

        18                  So I don't understand Senator

        19       Schneiderman's objections to putting money

        20       into cleaning up sites and neighborhoods and

        21       communities.  Even NYPIRG agrees with that.

        22       We need to clean up these communities.  And I

        23       think that's the most important aspect of this

        24       bill.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Johnson.

         2                  SENATOR CRAIG JOHNSON:    Will the

         3       sponsor continue to yield.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Marcellino, do you continue to yield?

         6                  SENATOR MARCELLINO:    Sure.

         7       Absolutely.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Johnson.

        10                  SENATOR CRAIG JOHNSON:    Thank

        11       you, Senator Marcellino.  And thank you for

        12       that answer.

        13                  When did Environmental Advocates

        14       indicate that they rescinded their opposition

        15       to this bill?

        16                  SENATOR MARCELLINO:    Earlier

        17       today.

        18                  SENATOR CRAIG JOHNSON:    Will the

        19       Senator continue to yield?

        20                  SENATOR MARCELLINO:    About an

        21       hour ago, I'm told.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Marcellino, will you continue to yield?

        24                  SENATOR MARCELLINO:    Yes, I do.

        25                  ACTING PRESIDENT GRIFFO:    Senator


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         1       Johnson.

         2                  SENATOR CRAIG JOHNSON:    Thank

         3       you.  I find that funny, just because I have

         4       documentation dated an hour ago from

         5       Environmental Advocates that says they

         6       continue to oppose it.  But that's neither

         7       here nor there --

         8                  SENATOR MARCELLINO:    Is the

         9       Senator suggesting that I'm making a

        10       misstatement?

        11                  SENATOR CRAIG JOHNSON:    No.  I am

        12       not suggesting -- I'm saying there may be

        13       confusion.  I think that other than your

        14       representation that they oppose it, and I have

        15       a statement with a fax timeline that says that

        16       an hour ago, from them, they continue to

        17       oppose it, there seems to be some sort of

        18       miscommunication.

        19                  But that being said, Senator, if

        20       they supposedly rescinded it, do they now

        21       support your bill?

        22                  SENATOR MARCELLINO:    I don't

        23       know.  I didn't speak to them.

        24                  SENATOR CRAIG JOHNSON:    Will the

        25       Senator continue to yield.


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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Marcellino, do you continue to yield?

         3                  SENATOR MARCELLINO:    Yes.

         4                  SENATOR CRAIG JOHNSON:    Who spoke

         5       to Environmental Advocates that provided you

         6       with this information that they rescinded

         7       their opposition to this bill?

         8                  SENATOR MARCELLINO:    Staff

         9       members spoke to them.

        10                  They simply don't oppose the bill.

        11                  SENATOR CRAIG JOHNSON:    Will the

        12       Senator continue to yield.

        13                  SENATOR MARCELLINO:    I continue

        14       to yield.

        15                  SENATOR CRAIG JOHNSON:    So they

        16       do not support this piece of legislation.

        17                  SENATOR MARCELLINO:    I think I've

        18       said that several times.  They don't oppose

        19       the bill.

        20                  SENATOR CRAIG JOHNSON:    Okay, so

        21       they don't support this bill.

        22                  SENATOR MARCELLINO:    I didn't say

        23       that.  I said they don't oppose the bill.

        24                  SENATOR CRAIG JOHNSON:    Okay.

        25       Will the Senator continue to yield.


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         1                  SENATOR MARCELLINO:    Yes, I

         2       continue to yield.

         3                  SENATOR CRAIG JOHNSON:    You

         4       referenced the Upstate Now legislation.  Is

         5       this bill identical to the Upstate Now bill

         6       language dealing with brownfields?

         7                  SENATOR MARCELLINO:    The only

         8       difference is there's a piece that is in here

         9       that deals with designated municipalities.

        10       Other than that, it's the same.

        11                  SENATOR CRAIG JOHNSON:    Will the

        12       Senator continue to yield.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Marcellino, do you continue to yield?

        15                  SENATOR MARCELLINO:    Yes.

        16                  SENATOR CRAIG JOHNSON:

        17       Notwithstanding the Environmental Advocates

        18       question, are there any groups that support

        19       this piece of legislation?

        20                  SENATOR MARCELLINO:    No.  Not

        21       that I know of, let's put it that way.

        22                  SENATOR CRAIG JOHNSON:    Okay.

        23       Mr. President, on the bill.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Johnson, on the bill.


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         1                  SENATOR CRAIG JOHNSON:    I think

         2       that Senator Schneiderman spoke eloquently and

         3       at length about the concerns.  I share the

         4       concerns raised by Senator Schneiderman with

         5       respect to the tax credits.

         6                  I do not disagree with you, Senator

         7       Marcellino, with respect to the need to clean

         8       up these properties.  I agree with you.

         9                  The problem I have is that with

        10       such an important piece of legislation, to

        11       have it introduced through Rules three days

        12       ago, to have a simple difference of opinion as

        13       to whether or not when one of the leading

        14       environmental groups supports it, opposes it

        15       or -- let me take that back, opposes it or

        16       does not oppose it -- raises a lot of issues,

        17       issues that are so important.

        18                  I believe we have a better

        19       brownfields bill out there.  That's the bill

        20       sponsored by my good friend and colleague

        21       Senator Thompson from Buffalo.  That's the

        22       bill we should be supporting.  That's the bill

        23       that will truly address the issues raised by

        24       Senator Marcellino.  That's the bill that will

        25       address the problems here.  And I would


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         1       certainly look forward to seeing that bill.

         2                  So with that said, I thank you,

         3       Senator Marcellino, but I will be voting in

         4       the negative on this piece of legislation.

         5                  Thank you.

         6                  ACTING PRESIDENT GRIFFO:    Any

         7       Senator wishing to be heard?

         8                  Debate is closed.  The Secretary

         9       will ring the bell.

        10                  SENATOR MARCELLINO:    At the

        11       appropriate time, to explain my vote.

        12                  ACTING PRESIDENT GRIFFO:    Thank

        13       you, Senator.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 9.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Marcellino, to explain his vote.

        22                  SENATOR MARCELLINO:    As I said

        23       earlier, Mr. President, the bill is important.

        24       It starts a process.  If it were to become a

        25       law tomorrow, it would do nothing but increase


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         1       environmental cleanup in communities that are

         2       in desperate shape and desperately need the

         3       cleanup.

         4                  There is no good reason to vote

         5       against this bill.  There is every good reason

         6       to vote for this bill.  I vote aye.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Marcellino to be recorded in the affirmative.

         9                  Senator Thompson, to explain his

        10       vote.

        11                  SENATOR THOMPSON:    First let me

        12       just say that I understand the spirit of what

        13       Senator Marcellino is attempting to do.  I

        14       believe that more work needs to be done, and I

        15       think he did clearly state that.

        16                  And I believe today by voting for

        17       this bill it would, for me, coming from the

        18       Buffalo-Niagara region, which has so many

        19       brownfields, that it would send the wrong

        20       message.  And so I'm going to oppose this

        21       bill.

        22                  I think that we have a number of

        23       proposals that are in the same ballpark, but

        24       this doesn't complete the job.  So I would ask

        25       that my colleagues consider voting against


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         1       this bill so that the Democrats do not send

         2       the message that all is right with this bill.

         3                  We have a lot of work to do.  I

         4       believe that we have the Green Apple

         5       Initiative that talks about creating more

         6       shovel-ready sites, sites that we can access

         7       for some developers at a reduced amount of

         8       money and putting more shovel-ready sites in

         9       so many communities.  I think this is a good

        10       start, but we have a long way to go.

        11                  And I'm going to vote no,

        12       Mr. President.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Thompson to be recorded in the negative.

        15                  Senator Sabini, to explain his

        16       vote.

        17                  SENATOR SABINI:    Thank you,

        18       Mr. President.  To explain my vote.

        19                  The sponsor used an analogy that I

        20       have often agreed with, which is that the

        21       perfect shouldn't be the enemy of the good.

        22       But I believe, in voting no, the reasons for

        23       voting no on this bill is another analogy,

        24       which is we have a problem with the

        25       brownfields program.  It's hemorrhaging money.


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         1       We just made more deposits into the program on

         2       earlier legislation, but the program is

         3       hemorrhaging money.

         4                  And for us to give tax credits to

         5       people who knowingly buy these sites, the

         6       analogy to that is if you have a flat tire, to

         7       flatten the other three tires on the car to

         8       make the car on a level plain.

         9                  ACTING PRESIDENT GRIFFO:    Excuse

        10       me, Senator Sabini.

        11                  Can we have some order, please.

        12                  Senator Sabini.

        13                  SENATOR SABINI:    I believe this

        14       just exacerbates the problem and will

        15       eventually lead to us coming back to recorrect

        16       the brownfields program.  So I'll be voting

        17       no.

        18                  Thank you.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Sabini to be recorded in the negative.

        21                  Senator Krueger, to explain her

        22       vote.

        23                  SENATOR LIZ KRUEGER:    Thank you.

        24                  I just want to just state on the

        25       record, I want a fix to the brownfields


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         1       legislation.  But my colleagues on this side

         2       of the aisle I think have explained very

         3       eloquently why this isn't the right fix.

         4                  Now, if we were staying longer --

         5       our conference has said we shouldn't go home

         6       today or tomorrow, we should stay here till we

         7       get things done -- I would love to see the

         8       right brownfields legislation come to this

         9       floor, be debated and be passed.

        10                  But again, this isn't the right

        11       one.  There are too many what's wrong with

        12       pieces of this bill.  While there are good

        13       pieces of this bill, I will vote no.

        14                  Thank you, Mr. President.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Krueger to be recorded in the negative.

        17                   Senator Johnson, to explain his

        18       vote.

        19                  SENATOR CRAIG JOHNSON:    Thank

        20       you, Mr. President.

        21                  Again, I am voting no on this piece

        22       of legislation.  I commend Senator Marcellino

        23       for a good start, but there is more to do.

        24       And given this importance of cleaning up the

        25       brownfields, addressing the issues with


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         1       respect to tax credits, I believe there are

         2       better ways to do it.  There are ways to do it

         3       that Senator Thompson's piece of legislation

         4       will do.

         5                  We all want to see the brownfields

         6       cleaned up.  It is of imperative nature to do

         7       so.  But this bill has too many flaws that

         8       don't get addressed.

         9                  So I commend Senator Marcellino

        10       again for the start, but we need to keep

        11       moving forward.  There are better bills out

        12       there.  We should be supporting Senator

        13       Thompson's piece of legislation.  I will be

        14       voting no.

        15                  Thank you very much.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Johnson to be recorded in the negative.

        18                  Announce the results.

        19                  I'm sorry.  Senator

        20       Hassell-Thompson.  My apologies.

        21                  SENATOR HASSELL-THOMPSON:    That's

        22       okay.  Thank you, Mr. President.

        23                  It's very important, I think, for

        24       many of us to just explain why we're voting

        25       against this bill.


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         1                  As someone who has served on a

         2       local city council and has petitioned the

         3       state to create brownfield legislation, it

         4       wouldn't look good for me to just vote no

         5       without explaining that while it is critical

         6       that we have the wherewithal to clean up these

         7       areas, I do not believe in creating loopholes

         8       that allow people who, whether accidentally or

         9       intentionally, create toxic situations within

        10       our communities and then allow them to just

        11       walk away or -- and you may not believe that

        12       this is a walkaway, but any time you cite

        13       loopholes that says that the taxpayer has to

        14       pay for it, then that's a loophole.

        15                  And so that we're sending the wrong

        16       message when we say it's all right, mess it

        17       up, we'll clean it up and we'll pay for it.

        18       Because too many of our businesses walk away

        19       and leave us with this problem.

        20                  And so I will be voting no on this

        21       bill, Senator Marcellino.  And if we come back

        22       and redo the bill, I will give consideration

        23       to what you have to say.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Hassell-Thompson to be recorded in the


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         1       negative.

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 2065 are

         5       Senators Breslin, Connor, Dilan, Duane,

         6       Gonzalez, Hassell-Thompson, Huntley,

         7       C. Johnson, L. Krueger, Montgomery, Onorato,

         8       Oppenheimer, Parker, Perkins, Sabini, Sampson,

         9       Savino, Schneiderman, Serrano, Smith,

        10       Stachowski, Stewart-Cousins and Thompson.

        11                  Absent from voting:  Senator C.

        12       Kruger.

        13                  Ayes, 37.  Nays, 23.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  Senator DeFrancisco.

        17                  SENATOR DeFRANCISCO:    Would you

        18       please go to the active list, the original

        19       active list today, and call up Calendar Number

        20       989 on the noncontroversial calendar.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       Secretary will read.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 989, Senator Skelos moves to

        25       discharge, from the Committee on Rules,


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         1       Assembly Bill Number 2434A and substitute it

         2       for the identical Senate Bill Number 5196A,

         3       Third Reading Calendar 989.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       substitution is ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       989, by Member of the Assembly Morelle,

         9       Assembly Print Number 2434A, an act to amend

        10       the General Business Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect on the first of

        15       November.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  Senator DeFrancisco.

        23                  SENATOR DeFRANCISCO:    Can we now

        24       go to Calendar 65A and call up Calendar Number

        25       2066.


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         1                  ACTING PRESIDENT GRIFFO:    We arse

         2       now returning to the controversial calendar.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       2066, by the Senate Committee on Rules, Senate

         6       Print --

         7                  SENATOR LIZ KRUEGER:

         8       Explanation, please.

         9                  ACTING PRESIDENT GRIFFO:

        10       Explanation, Senator Little.

        11                  SENATOR LITTLE:    Thank you,

        12       Mr. President.

        13                  Our industrial development

        14       organizations have the authority to fund

        15       not-for-profit civic facilities and some

        16       long-term-care facilities and nursing homes.

        17       That authorization expires on June 30th of

        18       this month.  And this is a bill to extend that

        19       authorization for two years, until July 1st of

        20       2009.

        21                  This is important in my district,

        22       as it is, I'm sure, in all of yours.  Since

        23       1990, more than 700 not-for-profits have been

        24       assisted by IDAs, with project investments

        25       succeeding $8 billion.  And millions of


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         1       New Yorkers have been served by these

         2       projects.

         3                  In my district alone, I know that I

         4       have had a hospital expanding, scrambling to

         5       get their financing, their IDA financing by

         6       end of this month.  I have Paul Smith's

         7       College doing a dormitory, scrambling to get

         8       that extension done by the end of this month.

         9                  So it's important that we extend

        10       this for those projects that have not

        11       completed their financing, and that we extend

        12       it for two years so that our civic facilities

        13       and not-for-profits will be able to plan.

        14                  You don't do one of these projects

        15       in three or four months or in six months.  It

        16       takes a while to do the planning, the

        17       drawings, the permitting, the financing, and

        18       to get the IDA financing.  Therefore, a

        19       two-year extension is very important.

        20                  For the past several years we've

        21       done one-year extensions.  And I will tell you

        22       that there is not a same-as bill in the

        23       Assembly.  The Assembly has a bill that

        24       extends this authorization for IDAs seven

        25       months. It would be up again in January of


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         1       2008.

         2                  I have many letters in opposition

         3       to that, saying that that is not enough time

         4       for these IDAs, right now who don't have their

         5       financing, who are beginning a project, they

         6       could not possibly get a project done.  Nor

         7       would they risk planning it in the hopes that

         8       we would extend it again in January.  So I

         9       would ask you to support a two-year extender.

        10                  This is not a reform bill.  And I

        11       had hoped to be standing before you with a

        12       reform bill, in concert with making this

        13       authorization permanent as well.  But I do

        14       have a reform bill that I have been working on

        15       with the Assembly, looking at the things that

        16       they wanted to reform as well as things that

        17       we thought were important.

        18                  That bill will be on the Rules

        19       calendar this evening, and it will on the

        20       calendar, although it will be high tomorrow.

        21       That bill does a lot of things that people

        22       have been asking for IDAs to do, and

        23       accountability and transparency as well as

        24       helping to have hearings, make people know

        25       what's going on with our IDAs and to make the


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         1       information very visible to the public.

         2                  But the bill before you tonight, as

         3       I said, is a two-year extender, which is very

         4       important to the civic facilities, the

         5       not-for-profits in our community, for those

         6       continuing-care retirement projects, which are

         7       actually not in the seven-month extender.

         8                  So I hope you will support this

         9       bill.

        10                  ACTING PRESIDENT GRIFFO:    Thank

        11       you, Senator Little.

        12                  Senator Krueger.

        13                  SENATOR LIZ KRUEGER:    Thank you.

        14                  Would the sponsor please yield,

        15       Mr. President.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Little, would you yield?

        18                  SENATOR LITTLE:    Yes, I will

        19       yield.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Krueger.

        22                  SENATOR LIZ KRUEGER:    Thank you.

        23                  So as you just said, this is not a

        24       same-as bill.  The Assembly is only going to

        25       do an extender for seven months.


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         1                  I've been in the Senate for a

         2       little over five years, and it seems like we

         3       all always talk about IDA reform but we don't

         4       get there.  How long does it take to try to

         5       move reform of a system that I don't think is

         6       working and I've heard you say before,

         7       Senator, that you don't think is working the

         8       way it should either?

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Little.

        11                  SENATOR LITTLE:    Thank you.

        12       Through you, Mr. President.

        13                  I too believe that there is some

        14       reform needed for IDAs.  I also believe that

        15       the public authority reform bill that we did

        16       two years ago affects IDAs and that many of

        17       them have had to conform to the accountability

        18       and transparency in that bill.

        19                  And in working with my counterpart

        20       in the Assembly, we went through the IDA

        21       legislation and all the ideas for reform.  The

        22       bill that will be on the calendar tonight does

        23       something about it.  It says that an IDA that

        24       does not have any bonding over $100,000 will

        25       cease to exist after five years.


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         1                  It also calls on the Department of

         2       Economic Development to look at merging and

         3       getting IDAs to work together so that we have

         4       fewer of them to deal, which I think is

         5       important and is also something the Governor

         6       has been looking at.

         7                  It also, to the membership on an

         8       IDA, adds an environmental person to be one of

         9       the members on an IDA board, along with local

        10       governments, school boards, organized labor

        11       and someone from the business community.  It

        12       adds conflict of interest provisions for board

        13       members.  It adds a provision for local jobs

        14       for local people, saying consideration of an

        15       employment workforce within 75 miles of the

        16       project is very important, notifying local

        17       businesses of the opportunity to bid for IDAs.

        18                  It adds records and reporting

        19       provisions.  It requires a website where

        20       hearing minutes will be on the website, where

        21       projects are on the website, talking about the

        22       evaluation and activities of the IDAs.

        23                  It also calls for a study of

        24       clawback provisions and how we can go about

        25       that.  In the area of pirating it says that


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         1       the economic development should go to an

         2       independent arbitrator to work with the two --

         3       you know, where the job is and the county, the

         4       IDA that may be trying to attract one.  So

         5       that we avoid one IDA pirating a company from

         6       another IDA for no other reason than to give

         7       them other benefits.

         8                  And it continues to do a lot of

         9       things -- uniform criteria for evaluating a

        10       project, establishes a financial agreement

        11       with between the IDA and the project owners.

        12       Makes a lot of this information, as I said,

        13       available on a website.

        14                  The website would have the names of

        15       all the board members, a notice of any public

        16       hearing.  It would be a requirement to have a

        17       board member at every public hearing, a record

        18       of all public hearings and meetings held after

        19       the date the website was established, proposed

        20       and adopted resolutions, voting and attendance

        21       records and minutes.  It would also provide

        22       the agency's project funding criteria, the

        23       agency's pilot policy, the agency's five most

        24       recent financial statements, and any financial

        25       assistance agreements.


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         1                  So I think the website would be

         2       pretty thorough.  And anyone interested in

         3       what a local IDA was doing or finding

         4       information about a project, what had been

         5       awarded, would be able to get that information

         6       on that website.

         7                  SENATOR LIZ KRUEGER:    Thank you.

         8                  Mr. President, on the bill.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Krueger, on the bill.

        11                  SENATOR LIZ KRUEGER:    I want to

        12       thank the sponsor for her detailed explanation

        13       of both the bill before us, a straight

        14       extender for two years, and the bill I believe

        15       she wishes was before us, a reform bill.  And

        16       I believe she had a reform bill the last time

        17       this came up to be sunsetted.

        18                  And I have to say, I'm as

        19       frustrated as perhaps she is that it's a year

        20       later now, we've been doing one-year

        21       extenders, and we didn't get anywhere with the

        22       reform.  And we're now in perhaps the last few

        23       minutes of the last day of official session,

        24       and we're being asked to do a two-year

        25       extender rather than a reform bill.


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         1                  And so I have to say I think the

         2       sponsor makes a better argument than I do for

         3       why we should only support the seven-month

         4       extender of the Assembly, because we tend to

         5       only get things done in this Legislature when

         6       we're on tight deadlines and something will

         7       happen if the deadline isn't there in front of

         8       us.

         9                  And I would hate the idea of

        10       waiting another two years before we fix

        11       problems with IDAs.

        12                  And I'm not a hundred percent in

        13       agreement that her bill goes as far as I would

        14       like us to go, because we know from research

        15       done by the Comptroller's office that IDAs

        16       have gotten out of hand in this state -- not

        17       all of them, but too many of them.  IDAs were

        18       originally intended to provide specific

        19       functions at the local level, at the county

        20       level, to provide the opportunity for specific

        21       strategic industries to be able to be

        22       attracted and to grow and create new jobs.

        23       And they have morphed over the years into

        24       things that I don't even think we recognize as

        25       IDAs.


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         1                  So she talked about some of the

         2       reforms we need.  And just again to agree with

         3       her, we need it streamline and standardize the

         4       accountability and the reporting requirements.

         5       We need to make sure that they're prohibited

         6       from providing bonds to nonstrategic

         7       activities.  We need to understand and very

         8       carefully put into legislation antipirating

         9       provisions, which I know the sponsor agrees

        10       with me on.  She just mentioned that.  We need

        11       to actually have penalties for IDAs that are

        12       in the pirating business.

        13                  We need to ensure that there are

        14       there is careful evaluation and monitoring to

        15       require IDAs to file annual statements, to

        16       have public hearings, to make sure the local

        17       municipalities are actually approving these

        18       deals before they go forward, that we have

        19       public hearings so the public can come and

        20       testify about why they think something is good

        21       or not.

        22                  Because remember, what does an IDA

        23       do?  One of the things it does, it has the

        24       power to take away taxes from the locality.

        25       It can make projects tax-exempt or decrease


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         1       the rate of taxes.  And then the locality ends

         2       up going what happened to some of my revenue

         3       stream that I need for my schools and my

         4       public services?

         5                  And in fact just on the floor of

         6       this Senate this year, we've dealt with

         7       several bills where localities have needed to

         8       come to us to get help or to get changes in

         9       their school aid formulas or to deal with some

        10       kind of relief because they didn't realize how

        11       much revenue they'd be losing through IDA

        12       tax-exemption deals.

        13                  Sometimes we've even seen competing

        14       IDAs working on different deals for the same

        15       company because we don't have the right kind

        16       of evaluation and oversight.  And yes, we did

        17       a public authority reform law that included

        18       IDAs to be evaluated by the Comptroller's

        19       office.  But that even gives us more reason to

        20       want to hurry to put into effect the types of

        21       reforms for IDAs to make sure that we are

        22       being strategic with our tax revenue, with our

        23       credits, with our laws, that we are in fact

        24       investing in strategic, targeted economic

        25       development projects that create jobs.


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         1                  The sponsor again spoke about

         2       studying clawbacks.  There have to be clawback

         3       provisions in our IDA law.  You can't get the

         4       deal, not pay your taxes, and then not deliver

         5       on job creation for these communities.  That's

         6       the wrong kind of deal.  We've been going down

         7       the road for years now knowing what's wrong

         8       with IDAs but continuing to do extenders.

         9                  I think a one-year extender would

        10       be the wrong answer.  I think a two-year

        11       extender is doubly the wrong answer.  This is

        12       a one-house bill.  Maybe we could bring a

        13       seven-month out quickly through a Rules

        14       calendar and actually make sure we don't lose

        15       the IDA program completely.  I completely

        16       understand the sponsor's argument about you

        17       wouldn't want it to sunset.

        18                  But two years more for us to never

        19       get what we need done for IDA reform is not

        20       acceptable to me.  I hope people will vote no,

        21       although I'm not sure it matters because it's

        22       a one-house bill this late in session.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT GRIFFO:    Thank

        25       you, Senator Krueger.


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         1                  Is there any other Senator that

         2       wishes to speak?

         3                  Senator Little.

         4                  SENATOR LITTLE:    Just if I could

         5       for a moment, please.

         6                  The seven-month extender is really

         7       not adequate and it doesn't -- it really makes

         8       the whole IDA funding of civic facilities

         9       useless.  Because no one can start into this

        10       program right now and get it.  And if it has

        11       to lapse, perhaps that's one way of getting

        12       everyone to the table to make civic facilities

        13       permanent and to do the IDA reform.

        14                  We did try to do the reform and to

        15       have agreement before we got to this point.

        16       And even though the deadlines were here for

        17       the end of session, we were not able to do

        18       that.

        19                  So I would ask everyone to vote for

        20       the two-year extender.  And then I am

        21       committed to continuing to work on this

        22       reform.

        23                  Thank you.

        24                  ACTING PRESIDENT GRIFFO:    Thank

        25       you, Senator Little.


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         1                  Is there any other Senator that

         2       wishes to be heard?

         3                  Debate is closed.  The Secretary

         4       will ring the bells.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 5.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT GRIFFO:    The

        12       Secretary will announce the results.

        13                  THE SECRETARY:    Those recorded in

        14       the negative on Calendar Number 2066 are

        15       Senators Adams, Connor, Dilan, Duane,

        16       Gonzalez, Hassell-Thompson, Huntley,

        17       C. Johnson, L. Krueger, Onorato, Oppenheimer,

        18       Perkins, Sabini, Schneiderman, Serrano,

        19       Stachowski, Stewart-Cousins and Thompson.

        20       Also Senator Stavisky.

        21                  Absent from voting:  Senator C.

        22       Kruger.

        23                  Ayes, 41.  Nays, 19.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.


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         1                  The chair recognizes Senator D.

         2                  SENATOR DeFRANCISCO:    Pardon me?

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       DeFrancisco.

         5                  SENATOR DeFRANCISCO:    I have a

         6       comment to make, Mr. P.  Off of Senate

         7       Calendar 65A, would you please call up

         8       Calendar Number 2070.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       2070, by Senator Saland, Senate Print 6357, an

        13       act to amend the Criminal Procedure Law and

        14       the Public Health Law.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Duane.

        17                  SENATOR DUANE:    Thank you,

        18       Mr. President.  On the bill.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Duane, on the bill.

        21                  SENATOR DUANE:    This is an

        22       amended version of the HIV testing of a

        23       criminal defendant in a sexual assault case.

        24                  And it is true that it incorporates

        25       my amendment that free prophylactic treatment


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         1       will be provided to save or to ensure the

         2       health of sexual assault victims.  And that's

         3       the sort of good news, that my amendment has

         4       become part of this legislation.

         5                  But tragically, this bill also

         6       keeps in all the bad parts of the legislation,

         7       testing the defendant for HIV.  And I'm not

         8       going to go through it again, but I think I

         9       clearly made the argument that it is dangerous

        10       for a victim to depend on someone else's HIV

        11       status.

        12                  And so for that reason and the

        13       reasons I outlined last week, I would urge all

        14       of my colleagues to still vote no on this

        15       legislation.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT GRIFFO:    Thank

        18       you, Senator Duane.

        19                  Any other Senator wishing to be

        20       heard?

        21                  Debate is closed.  The Secretary

        22       will ring the bell.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect on the first of


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         1       November.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT GRIFFO:    The

         6       Secretary will announce the results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 2070 are

         9       Senators Connor, Duane, Hassell-Thompson,

        10       Huntley, L. Krueger, Montgomery, Parker,

        11       Perkins, Sabini, Schneiderman and Serrano.

        12                  Absent from voting:  Senator C.

        13       Kruger.

        14                  Ayes, 49.  Nays, 11.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  Senator DeFrancisco, that concludes

        18       the reading of the controversial calendar.

        19                  SENATOR DeFRANCISCO:    There will

        20       be an immediate meeting of the Rules Committee

        21       in Room 332.

        22                  ACTING PRESIDENT GRIFFO:    There

        23       will be an immediate meeting of the Rules

        24       Committee in Room 332.

        25                  The Senate stands at ease.


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         1                  (Whereupon, the Senate stood at

         2       ease at 7:24 p.m.)

         3                  (Whereupon, the Senate reconvened

         4       at 7:37 p.m.)

         5                  ACTING PRESIDENT ROBACH:    Senator

         6       DeFrancisco.

         7                  SENATOR DeFRANCISCO:    Can we

         8       return to reports of standing committees and

         9       have the Rules Committee report read, please.

        10                  ACTING PRESIDENT ROBACH:    Reports

        11       of standing committees.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Senator Bruno,

        14       from the Committee on Rules, reports the

        15       following bills:

        16                  Assembly Print Number 8400A, by

        17       Member of the Assembly Schimel, an act

        18       authorizing the Village of Great Neck;

        19                  Assembly Print Number 9238, by

        20       Member of the Assembly Hoyt, an act to amend

        21       Chapter 444 of the Laws of 1997;

        22                  Senate Print 962A, by Senator

        23       Skelos, an act to amend the Public Officers

        24       Law and the Civil Practice Law and Rules;

        25                  1239, by Senator Saland, an act to


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         1       amend the Education Law;

         2                  1511C, by Senator Hannon, an act to

         3       amend the Public Health Law;

         4                  2932A, by Senator Seward, an act to

         5       amend the Public Health Law;

         6                  3089, by Senator Morahan, an act to

         7       amend the Retirement and Social Security Law;

         8                  3091, by Senator Saland, an act to

         9       amend the Education Law;

        10                  3554, by Senator Flanagan, an act

        11       to amend the Vehicle and Traffic Law;

        12                  3760A, by Senator Trunzo, an act to

        13       amend the Social Services Law;

        14                  3829, by Senator Skelos, an act to

        15       amend the Public Health Law;

        16                  3988A, by Senator Hannon, an act to

        17       amend the Public Health Law;

        18                  4021A, by Senator Hannon, an act to

        19       amend the Public Health Law;

        20                  4023, by Senator DeFrancisco, an

        21       act to amend the Tax Law;

        22                  4413A, by Senator Alesi, an act in

        23       relation to the initial date of enrollment;

        24                  4558, by Senator O. Johnson, an act

        25       to amend the Tax Law;


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         1                  4793A, by Senator Hannon, an act to

         2       amend the Public Health Law;

         3                  5208, by Senator Padavan, an act to

         4       amend the Education Law;

         5                  5565A, by Senator Golden, an act to

         6       amend the Criminal Procedure Law;

         7                  5845, by Senator Larkin, an act to

         8       amend the Village Law;

         9                  5864, by Senator Padavan, an act to

        10       amend the Tax Law;

        11                  5866, by Senator Padavan, an act to

        12       amend the General City Law;

        13                  5878B, by Senator Maltese, an act

        14       to amend the Insurance Law;

        15                  5943, by Senator Morahan, an act to

        16       amend the Public Health Law;

        17                  6017, by Senator Bruno, an act to

        18       amend the New York State Urban Development

        19       Corporation Act;

        20                  6060A, by the Senate Committee on

        21       Rules, an act to amend the Tax Law;

        22                  6067, by Senator Breslin, an act to

        23       amend the Real Property Tax Law;

        24                  6141A, by Senator Golden, an act to

        25       amend the Real Property Tax Law;


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         1                  6163, by Senator Hannon, an act to

         2       amend the Public Health Law;

         3                  6191, by the Senate Committee on

         4       Rules, an act to amend the Retirement and

         5       Social Security Law;

         6                  6271, by Senator Leibell, an act to

         7       amend the Environmental Conservation Law;

         8                  6308, by the Senate Committee on

         9       Rules, an act establishing;

        10                  6315, by Senator Volker, an act to

        11       amend the Public Authorities Law;

        12                  6316, by Senator Maltese, an act to

        13       amend the Insurance Law;

        14                  6319, by Senator Seward, an act to

        15       amend the Executive Law;

        16                  6327, by Senator Skelos, an act to

        17       amend the Tax Law;

        18                  6335, by Senator Farley, an act to

        19       amend the Tax Law;

        20                  6336, by the Senate Committee on

        21       Rules, an act to amend the Tax Law;

        22                  6339, by the Senate Committee on

        23       Rules, an act to amend the Tax Law;

        24                  6344, by Senator Hannon, an act to

        25       amend the Social Services Law;


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         1                  6349, by Senator Golden, an act to

         2       amend the Real Property Tax Law;

         3                  6360, by the Senate Committee on

         4       Rules, an act to amend the Insurance Law;

         5                  6381, by the Senate Committee on

         6       Rules, an act to amend the Education Law;

         7                  6383, by Senator Bruno, an act

         8       authorizing;

         9                  6384, by Senator Golden, an act to

        10       amend the Real Property Tax Law;

        11                  6386, by Senator Padavan, an act to

        12       amend the General City Law;

        13                  And Senate Print 6391, by Senator

        14       Little, an act to amend the General Municipal

        15       Law.

        16                  All bills ordered direct to third

        17       reading.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       DeFrancisco.

        20                  SENATOR DeFRANCISCO:    Move to

        21       accept the Rules Committee report.

        22                  ACTING PRESIDENT GRIFFO:    All in

        23       favor of accepting the report of the Rules

        24       Committee signify by saying aye.

        25                  (Response of "Aye.")


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         1                  ACTING PRESIDENT GRIFFO:

         2       Opposed.

         3                  (No response.)

         4                  ACTING PRESIDENT GRIFFO:    The

         5       report is accepted.

         6                  Senator DeFrancisco.

         7                  SENATOR DeFRANCISCO:    Could you

         8       please go to the supplemental calendar and do

         9       the noncontroversial reading, starting with

        10       Calendar 248, please.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       Secretary will read the supplemental active

        13       calendar.

        14                  THE SECRETARY:    Calendar Number

        15       248, by Senator LaValle, Senate Print 2426B,

        16       an act to amend the Education Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 5.  This

        20       act shall take effect on the 120th day.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT GRIFFO:    The


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         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 253, Senator Maziarz moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 2514A and substitute it

         6       for the identical Senate Bill Number 1606,

         7       Third Reading Calendar 253.

         8                  ACTING PRESIDENT GRIFFO:

         9       Substitution ordered.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       253, by Member of the Assembly John, Assembly

        13       Print Number 2514A, an act to amend the Labor

        14       Law.

        15                  ACTING PRESIDENT GRIFFO:    Read

        16       the last 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, 61.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    In relation to


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         1       Calendar Number 571 --

         2                  SENATOR DUANE:    Lay it aside,

         3       please.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Duane, we need to make the substitution first.

         6                  The Secretary will read.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 571, Senator Saland moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 3249A and substitute it

        11       for the identical Senate Bill Number 1465B,

        12       Third Reading Calendar 571.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       substitution is ordered.

        15                  The bill is laid aside.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 617, Senator Alesi moves to

        18       discharge, from the Committee on Finance,

        19       Assembly Bill Number 1013 and substitute it

        20       for the identical Senate Bill Number 269,

        21       Senate Print 617.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       substitution is ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number


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         1       617, by Member of the Assembly Englebright,

         2       Assembly Print Number 1013, an act to amend

         3       the State Finance Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 720, Senator Hannon moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 884 and substitute it for

        18       the identical Senate Bill Number 643, Third

        19       Reading Calendar 720.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       substitution is ordered.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       720, by Member of the Assembly Englebright,

        25       Assembly Print Number 884, an act to amend the


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         1       Public Health Law.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last 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, 61.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 751, Senator Fuschillo moves

        14       to discharge, from the Committee on Rules,

        15       Assembly Bill Number 61A and substitute it for

        16       the identical Senate Bill Number 4723A, Third

        17       Reading Calendar 751.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       substitution is ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       751, by Member of the Assembly Lafayette,

        23       Assembly Print Number 61A, an act to amend the

        24       General Business Law.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last 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, 61.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       813, by Senator Lanza, Senate Print 3443, an

        12       act to amend the New York City Health and

        13       Hospital Corporation Act.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 3.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 1110, Senator Robach moves to


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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 6757 and substitute it

         3       for the identical Senate Bill Number 4820,

         4       Third Reading Calendar 1110.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       substitution is ordered.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       1110, by Member of the Assembly Abbate,

        10       Assembly Print Number 6757, an act to amend

        11       the Civil Service Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  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, 61.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 1234, Senator Volker moves to

        24       discharge, from the Committee on Rules,

        25       Assembly Bill Number 8647A and substitute it


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         1       for the identical Senate Bill Number 3166D,

         2       Third Reading Calendar 1234.

         3                  ACTING PRESIDENT GRIFFO:

         4       Substitution ordered.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       1234, by Member of the Assembly Weinstein,

         8       Assembly Print Number 8647A, an act to amend

         9       the Civil Practice Law and Rules.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last 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, 61.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1356, by Senator Skelos, Senate Print 4886B,

        22       an act to amend the Executive Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  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, 61.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1362, by Senator Trunzo, Senate Print 5817, an

        10       act to amend the Education Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 4.  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, 61.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1419, by Senator Marcellino, Senate Print

        23       634C, an act to amend the Vehicle and Traffic

        24       Law.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the 120th day.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1503, by Senator Marcellino, Senate Print

        12       2935, an act to require the New York State and

        13       Local Employees' Retirement System.

        14                  ACTING PRESIDENT GRIFFO:    There

        15       is a home-rule message at the desk.

        16                  Read 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, 61.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    In relation to


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         1       Calendar Number 1732, Senator Skelos moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 9086A and substitute it

         4       for the identical Senate Bill Number 6167A,

         5       Third Reading Calendar 1732.

         6                  ACTING PRESIDENT GRIFFO:

         7       Substitution ordered.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       1732, by Member of the Assembly Gianaris,

        11       Assembly Print Number 9086A, an act to amend

        12       the Executive Law.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last 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                  ACTING PRESIDENT GRIFFO:

        21       Senator Onorato, to explain his vote.

        22                  SENATOR ONORATO:    To explain my

        23       vote.  Thank you, Mr. President.

        24                  I would like to thank the sponsor,

        25       Senator Skelos, for this very, very worthwhile


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         1       bill.  I have one of those fuel lines running

         2       right through the heart of my community.  I

         3       live several blocks away from it.  And I've

         4       received many calls from my constituents

         5       regarding the possibility of doing something

         6       like this.

         7                  So I really commend Senator Skelos

         8       for putting it forward, and I vote aye.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Onorato to be recorded in the affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 1830, Senator Trunzo moves to

        17       discharge, from the Committee on

        18       Investigations and Government Operations,

        19       Assembly Bill Number 6017 and substitute it

        20       for the identical Senate Bill Number 6162,

        21       Third Reading Calendar 1830.

        22                  ACTING PRESIDENT GRIFFO:

        23       Substitution ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number


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         1       1830, by Member of the Assembly Sweeney,

         2       Assembly Print Number 6017, an act to amend

         3       the Legislative Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1859, Senator Bruno moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 8867 and substitute it

        18       for the identical Senate Bill Number 6032,

        19       Third Reading Calendar 1859.

        20                  ACTING PRESIDENT GRIFFO:

        21       Substitution ordered.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1859, by the Assembly Committee on Rules,

        25       Assembly Print Number 8867, an act making an


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         1       appropriation to pay Linda Zebrowski.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last 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, 61.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 1948, Senator Libous moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 8786 and substitute it

        16       for the identical Senate Bill Number 6306,

        17       Third Reading Calendar 1948.

        18                  ACTING PRESIDENT GRIFFO:

        19       Substitution ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       1948, by Member of the Assembly Millman,

        23       Assembly Print Number 8786, an act to amend

        24       Chapter 549 of the Laws of 1994 amending the

        25       Public Authorities Law.


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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       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, 61.

         9                  ACTING PRESIDENT GRIFFO:     The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 1984, Senator DeFrancisco

        13       moves to discharge, from the Committee on

        14       Rules, Assembly Bill Number 9206 and

        15       substitute it for the identical Senate Bill

        16       Number 6223A, Third Reading Calendar 1984.

        17                  ACTING PRESIDENT GRIFFO:

        18       Substitution ordered.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       1984, by Member of the Assembly Barclay,

        22       Assembly Print Number 9206, an act authorizing

        23       the Town of Camillus.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 2005, Senator Montgomery moves

        11       to discharge, from the Committee on Rules,

        12       Assembly Bill Number 1088 and substitute it

        13       for the identical Senate Bill Number 557,

        14       Third Reading Calendar 2005.

        15                  ACTING PRESIDENT GRIFFO:

        16       Substitution ordered.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       2005, by Member of the Assembly Millman,

        20       Assembly Print Number 1088, an act to amend

        21       the General Municipal Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last 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, 61.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       2009, by Senator Hannon, Senate Print 3987A,

         9       an act to amend the Public Health Law.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the 180th day.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 60.  Nays,

        18       1.  Senator Hassell-Thompson recorded in the

        19       negative.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  Senator DeFrancisco, that completes

        23       the noncontroversial reading of the

        24       supplemental active list.

        25                  SENATOR DeFRANCISCO:    Would you


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         1       please go to Senate Calendar Number 65A and

         2       call up Calendar Number 2046 on the

         3       noncontroversial calendar that was laid aside

         4       earlier today, temporarily, by us.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       2046, substituted earlier today by Member of

         9       the Assembly V. Lopez, Assembly Print Number

        10       7905, an act to amend the Social Services Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  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, 61.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  Senator DeFrancisco.

        22                  SENATOR DeFRANCISCO:    If we could

        23       go back to the supplemental active list.  And

        24       would you please call up Calendar Number 571

        25       that was laid aside.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Secretary will ring the bell, and we will

         3       begin the controversial reading of the

         4       supplemental active calendar.

         5                  Senator DeFrancisco.

         6                  SENATOR DeFRANCISCO:    Mr.

         7       President, could I move to recall the vote on

         8       Calendar Number 1234 by which it previously

         9       passed the house.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       Secretary will read Calendar Number 1234.

        12                  THE SECRETARY:    Calendar Number

        13       1234, substituted earlier by Member of the

        14       Assembly Weinstein, Assembly Print 8647A, an

        15       act to amend the Civil Practice Law and Rules.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll on reconsideration.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  SENATOR DeFRANCISCO:    Lay it

        21       aside, please.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is laid aside.

        24                  We will return to the controversial

        25       reading of Calendar Number 571 of the


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         1       supplemental active list.

         2                  THE SECRETARY:    Calendar Number

         3       571, substituted earlier today by Member of

         4       the Assembly Nolan, Assembly Print Number

         5       3249A, an act to amend the Real Property Tax

         6       Law.

         7                  SENATOR STAVISKY:    Explanation,

         8       please.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Saland, an explanation has been requested.

        11                  SENATOR SALAND:    Thank you,

        12       Mr. President.

        13                  Mr. President, earlier this session

        14       we passed an amended version of this bill

        15       which increased the fund balance from 2 to 3

        16       to 4 percent.

        17                  Subsequently we engaged in

        18       negotiations with the Governor's office and

        19       the Governor requested additional language in

        20       this bill which is not inconsistent with some

        21       of the comments made earlier today by Senator

        22       LaValle in the context of his truth-in-voting

        23       proposal.

        24                  What this language does is to

        25       require that the school report cards have


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         1       additional information, and that additional

         2       information is information with respect to

         3       unappropriated reserve fund balances, or the

         4       so-called reserve fund, as well as other

         5       appropriated reserve funds, which would

         6       include things such as funds retained for tax

         7       certioraris, repair reserve funds, and a host

         8       of others that are provided for in law.

         9                  And clearly the bottom line that is

        10       sought to be part of this report card is

        11       exactly what is the percentage of the fund

        12       balance that a school is retaining.

        13                  These are all in an effort to

        14       provide greater transparency, in an effort to

        15       ensure that information will be made available

        16       to the taxpayers of a given school district as

        17       to a more specific accounting of a school's

        18       fund balance.

        19                  ACTING PRESIDENT GRIFFO:    Thank

        20       you, Senator Saland.

        21                  Senator Stavisky.

        22                  SENATOR STAVISKY:    If the sponsor

        23       would yield for a number of questions.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Saland, do you yield for a number of


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         1       questions?

         2                  SENATOR SALAND:    Yes,

         3       Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Stavisky.

         6                  SENATOR STAVISKY:    Mr. President,

         7       through you.  How does this bill, 1465B,

         8       differ from the plain variety of 1465 and

         9       1465A?

        10                  You indicated that the Governor had

        11       requested some changes.  Can you be a little

        12       more specific?

        13                  SENATOR SALAND:    I don't recall

        14       the -- quite candidly -- I could get my file.

        15       I don't recall the change from the initial

        16       version to the A version.

        17                  But what this is primarily about is

        18       the -- the B version is about the language

        19       that you'll find on lines 31 through 39 on

        20       page 2, and on page 3, lines 2 through 11.

        21                  SENATOR STAVISKY:    Thank you,

        22       Mr. President.  Will the sponsor continue to

        23       yield.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Saland, do you continue to yield?


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         1                  SENATOR SALAND:    Yes,

         2       Mr. President.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Stavisky.

         5                  SENATOR STAVISKY:    We're talking

         6       here about unexpended surplus monies.  What

         7       protections are there that they will not be

         8       misused by anybody in the school district?

         9                  For example, the Roslyn School

        10       District obviously --

        11                  SENATOR SALAND:    I'm sorry, I

        12       didn't hear.  For example, the --

        13                  SENATOR STAVISKY:    I'm saying the

        14       legislation increases the amount of the

        15       unexpended funds, and it appears on the school

        16       report card.  What protections are there for

        17       the taxpayers in these school districts that

        18       we will not have a misuse of the unexpended

        19       funds, such as what happened in the Roslyn

        20       School District?

        21                  SENATOR SALAND:    Keep in mind

        22       that what reserve funds are about are really

        23       what rainy day funds are about.  And we are

        24       constantly, at our level of government, being

        25       told to ensure that we have adequate rainy day


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         1       funds for those valleys that we have to

         2       contend with from time to time.

         3                  The same concept applies to the

         4       surplus or reserve fund.

         5                  What may have occurred at Roslyn I

         6       don't think necessarily -- and I'm more than

         7       happy to yield to someone with greater

         8       firsthand knowledge -- had to do so much with

         9       the presence of a reserve fund as with

        10       overreaching and abuse by administrative

        11       officials who were committing fraud on the

        12       system.

        13                  I don't know what lines they were

        14       taking those funds out of.  But certainly I

        15       think, if I remember correctly, when last

        16       counted it was somewhere in the area of about

        17       $11 million that had been stolen from that

        18       district's taxpayers and students.  But I'm

        19       not sure that could be laid at the doorstep of

        20       the reserve fund.

        21                  Again, it's intended as the same

        22       kind of rainy day fund that we generally are

        23       praised for when we provide adequate amounts

        24       of money to prepare for those valleys.

        25                  SENATOR STAVISKY:    Thank you.


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         1       Because we want to obviously be sure that the

         2       funds are there, not in somebody else's bank

         3       account.

         4                  The surplus funds that are being

         5       retained by the school district, if there's a

         6       surplus over that 2 or 3 percent, how are the

         7       extra funds beyond that returned to the

         8       taxpayers?

         9                  SENATOR SALAND:    Well, as was

        10       pointed out earlier by Senator LaValle,

        11       there's concern in some quarters that that is

        12       not being adequately monitored.

        13                  I'd like to think that the vast

        14       majority of school districts abide by the

        15       current level, which is 2 percent.  And

        16       certainly Senator LaValle's proposal I thought

        17       was an excellent way of dealing with it which

        18       was basically to require publication in the

        19       school district, in the school newsletter.

        20                  Because if you punish the school

        21       district for exceeding the surplus, you run

        22       into a problem where you're punishing the

        23       taxpayers who help provide the surplus.

        24                  SENATOR STAVISKY:    And they're

        25       the ones that we're concerned about, that the


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         1       people pay the correct amount of taxes.

         2                  Thank you, Mr. President.  Thank

         3       you, Senator Saland.

         4                  ACTING PRESIDENT GRIFFO:    Thank

         5       you, Senator Stavisky.

         6                  Is there any other Senator wishing

         7       to be heard?

         8                  Debate is closed.  The Secretary

         9       will ring the bell.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 4.  This

        12       act shall take effect on July 1, 2007.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Oppenheimer, to explain her vote.

        18                  SENATOR OPPENHEIMER:    Thank you.

        19                  This is something that I have been

        20       seeking for at least a decade, and I am very,

        21       very pleased that the Governor has made this

        22       change so that we can approve this bill.

        23                  The movement of 2 percent to

        24       3 percent of unrestricted fund balance and

        25       then next year, from 2008 to 2009, to


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         1       4 percent, is a very important move for some

         2       of us that are in districts that are

         3       experiencing unexpected but very large sums

         4       that have to be expended and are not really

         5       something that can be programmed in.

         6                  In many cases it's things like tax

         7       certioraris that are going almost consistently

         8       against us, and in very large sums of as much

         9       as a million dollars owed in back taxes.  For

        10       a small school district, this can be

        11       overwhelming.  And that's why it is so

        12       important to have an increase in our

        13       unrestricted surplus funds.

        14                  So I'm very happy to see this.  It

        15       is something that is long overdue.  And I

        16       thank the Governor for changing his mind and

        17       permitting this to go through with the

        18       additional language.

        19                  ACTING PRESIDENT GRIFFO:    How do

        20       you vote, Senator Oppenheimer?

        21                  SENATOR OPPENHEIMER:    Yes.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Oppenheimer to be recorded in the affirmative.

        24                  Any of those that are voting in the

        25       negative please raise your hands.


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         1                  Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 571 are

         4       Senators Bonacic, Fuschillo, LaValle and

         5       Sabini.

         6                  Absent from voting:  Senator C.

         7       Kruger.

         8                  Ayes, 57.  Nays, 4.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  Senator DeFrancisco, that completes

        12       the controversial reading of the supplemental

        13       active list.

        14                  Senator DeFrancisco.

        15                  SENATOR DeFRANCISCO:    May we

        16       return to motion and resolutions and adopt the

        17       Resolution Calendar.

        18                  ACTING PRESIDENT GRIFFO:    Motions

        19       and resolutions.

        20                  All in favor of adopting the

        21       Resolution Calendar signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT GRIFFO:

        24       Opposed, nay.

        25                  (No response.)


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Resolution Calendar is adopted.

         3                  Senator Robach, for a motion.

         4                  SENATOR ROBACH:    Yes,

         5       Mr. President.  I move that the following bill

         6       be discharged from its respective committee

         7       and be recommitted with instructions to strike

         8       the enacting clause:  Senate Bill Number 4831,

         9       by Senator Hannon.

        10                  ACTING PRESIDENT GRIFFO:    So

        11       ordered.

        12                  Order in the house, please.

        13                  Senator DeFrancisco.

        14                  SENATOR DeFRANCISCO:    Mr.

        15       President, would you please go to the main

        16       calendar and call up Calendar Number 2017.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       2017, by Senator Volker, Senate Print 5561A,

        21       an act to authorize the County of Erie.

        22                  ACTING PRESIDENT GRIFFO:    There

        23       is a home-rule message at the desk.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 4.  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, 62.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  Senator DeFrancisco.

         9                  SENATOR DeFRANCISCO:    May we have

        10       the noncontroversial reading of Senate

        11       Calendar 65B.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       Secretary will conduct the noncontroversial

        14       reading of Senate Calendar 65B.

        15                  THE SECRETARY:    Calendar Number

        16       2074, by Senator Skelos, Senate Print 962A, an

        17       act to amend the Public Officers Law and the

        18       Civil Practice Law and Rules.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 8.  This

        22       act shall take effect on the 30th day.

        23                  ACTING PRESIDENT GRIFFO:    Call

        24       the roll.

        25                  (The Secretary called the roll.)


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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       2075, by Senator Saland --

         6                  SENATOR DUANE:    Lay it aside,

         7       please.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 2076, Senator Hannon moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 7351B and substitute it

        14       for the identical Senate Bill Number 1511C,

        15       Third Reading Calendar 2076.

        16                  ACTING PRESIDENT GRIFFO:

        17       Substitution ordered.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       2076, by Member of the Assembly Dinowitz,

        21       Assembly Print Number 7351B, an act to amend

        22       the Public Health Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  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, 62.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 2077, Senator Seward moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 2832A and substitute it

        12       for the identical Senate Bill Number 2932A,

        13       Third Reading Calendar 2077.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       substitution is ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       2077, by Member of the Assembly Lifton,

        19       Assembly Print Number 2832A, an act to amend

        20       the Public Health Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last 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, 62.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 2078, Senator Morahan moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 7565 and substitute it

        10       for the identical Senate Bill Number 3089,

        11       Third Reading Calendar 2078.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       substitution is ordered.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       2078, by Member of the Assembly Jaffee,

        17       Assembly Print Number 7565, an act to amend

        18       the Retirement and Social Security Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last 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, 62.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       2079, by Senator Saland, Senate Print 3091, an

         6       act to amend the Education Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last 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, 62.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 2080, Senator Flanagan moves

        19       to discharge, from the Committee on Rules,

        20       Assembly Bill Number 2496 and substitute it

        21       for the identical Senate Bill Number 3554,

        22       Third Reading Calendar 2080.

        23                  ACTING PRESIDENT GRIFFO:

        24       Substitution ordered.

        25                  The Secretary will read.


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         1                  THE SECRETARY:    Calendar Number

         2       2080, by Member of the Assembly Sweeney,

         3       Assembly Print Number 2496, an act to amend

         4       the Vehicle and Traffic Law.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       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, 62.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       2081 --

        17                  SENATOR DeFRANCISCO:    Lay it

        18       aside for the day, please.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is laid aside for the day.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 2082, Senator Skelos moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 8618 and substitute it

        25       for the identical Senate Bill Number 3829,


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         1       Third Reading Calendar 2082.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       substitution is ordered.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       2082, by Member of the Assembly Weisenberg,

         7       Assembly Print Number 8618, an act to amend

         8       the Public Health Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last 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, 62.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 2083, Senator Hannon moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 8099A and substitute it

        23       for the identical Senate Bill Number 3988A,

        24       Third Reading Calendar 2083.

        25                  ACTING PRESIDENT GRIFFO:


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         1       Substitution ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       2083, by Member of the Assembly Gottfried,

         5       Assembly Print Number 8099A, an act to amend

         6       the Public Health Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last 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, 62.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       2084, by Senator Hannon, Senate Print 4021A,

        19       an act to amend the Public Health Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 5.  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, 62.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 2085, Senator DeFrancisco

         7       moves to discharge, from the Committee on

         8       Rules, Assembly Bill Number 4606 and

         9       substitute it for the identical Senate Bill

        10       Number 4023, Third Reading Calendar 2085.

        11                  ACTING PRESIDENT GRIFFO:

        12       Substitution ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       2085, by Member of the Assembly Espaillat,

        16       Assembly Print Number 4606, an act to amend

        17       the Tax Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last 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, 62.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 2087, Senator O. Johnson moves

         5       to discharge, from --

         6                  SENATOR DeFRANCISCO:    Lay it

         7       aside for the day, please.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is laid aside for the day.

        10                  Senator DeFrancisco.

        11                  SENATOR DeFRANCISCO:    Before

        12       laying it aside, would you please make the

        13       substitution.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Secretary will read.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 2087, Senator O. Johnson moves

        18       to discharge, from the Committee on Rules,

        19       Assembly Bill Number 8015 and substitute it

        20       for the identical Senate Bill Number 4558,

        21       Third Reading Calendar 2087.

        22                  ACTING PRESIDENT GRIFFO:

        23       Substitution ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number


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         1       2087 --

         2                  SENATOR DeFRANCISCO:    Lay it

         3       aside for the day, please.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is laid aside for the day.

         6                  The Secretary will continue to

         7       read.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 2088, Senator Hannon moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 8456A and substitute it

        12       for the identical Senate Bill Number 4793A,

        13       Third Reading Calendar 2088.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       substitution is ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       2088, by Member of the Assembly Gottfried,

        19       Assembly Print Number 8456A, an act to amend

        20       the Public Health Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the 120th day.

        25                  ACTING PRESIDENT GRIFFO:    Call


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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 2089, Senator Padavan moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 8447 and substitute it

        10       for the identical Senate Bill Number 5208,

        11       Third Reading Calendar 2089.

        12                  ACTING PRESIDENT GRIFFO:

        13       Substitution ordered.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       2089, by Member of the Assembly Abbate,

        17       Assembly Print Number 8447, an act to amend

        18       the Education Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last 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, 62.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       2090, by Senator Golden, Senate Print 5565A,

         6       an act to amend the Criminal Procedure Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 4.  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, 61.  Nays,

        15       1.  Senator Duane recorded in the negative.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       2091, by Senator Larkin, Senate Print 5845, an

        20       act to amend the Village Law.

        21                  ACTING PRESIDENT GRIFFO:    There

        22       is a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.


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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 2092, Senator Padavan moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 8176 and substitute it

        11       for the identical Senate Bill Number 5864,

        12       Third Reading Calendar 2092.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       substitution is ordered.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       2092, by Member of the Assembly Farrell,

        18       Assembly Print Number 8176, an act to amend

        19       the Tax Law.

        20                  ACTING PRESIDENT GRIFFO:    There

        21       is a local fiscal impact note at the desk.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 3.  This

        24       act shall take effect on the first day of a

        25       sales tax quarterly period.


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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 2093, Senator Padavan moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 8132 and substitute it

        11       for the identical Senate Bill Number 5866,

        12       Third Reading Calendar 2093.

        13                  THE PRESIDENT:    Substitution

        14       ordered.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       2093, by Member of the Assembly Silver,

        18       Assembly Print Number 8132, an act to amend

        19       the General City Law and the Administrative

        20       Code of the City of New York.

        21                  THE PRESIDENT:    Read the last

        22       section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  THE PRESIDENT:    Call the roll.


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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 62.

         3                  THE PRESIDENT:    The bill is

         4       passed.

         5                  THE SECRETARY:    Calendar Number

         6       2094, by Senator Maltese, Senate Print 5878B,

         7       an act to amend the Insurance Law.

         8                  SENATOR DeFRANCISCO:    Lay it

         9       aside for the day, please.

        10                  THE PRESIDENT:    The bill is laid

        11       aside for the day.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 2095, Senator Morahan moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 3842 and substitute it

        16       for the identical Senate Bill Number 5943,

        17       Third Reading Calendar 2095.

        18                  THE PRESIDENT:    Substitution

        19       ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       2095, by Member of the Assembly Dinowitz,

        23       Assembly Print Number 3842, an act to amend

        24       the Public Health Law.

        25                  THE PRESIDENT:    Read the last


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         1       section.

         2                  THE SECRETARY:    Section 4.  This

         3       act shall take effect April 1, 2008.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 62.

         7                  THE PRESIDENT:    The bill is

         8       passed.

         9                  Couldn't have done it without my

        10       new counsel.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 2096, Senator Bruno moves to

        13       discharge, from the Committee on Corporations,

        14       Authorities and Commissions, Assembly Bill

        15       Number 8359 and substitute it for the

        16       identical Senate Bill Number 6017, Third

        17       Reading Calendar 2096.

        18                  THE PRESIDENT:    Substitution

        19       ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       2096, by Member of the Assembly Silver,

        23       Assembly Print Number 8359, an act to amend

        24       the New York State Urban Development

        25       Corporation Act.


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         1                  THE PRESIDENT:    Read the last

         2       section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 62.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 2097, Senator Bruno moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 9107A and substitute it

        14       for the identical Senate Bill Number 6060A,

        15       Third Reading Calendar 2097.

        16                  THE PRESIDENT:    Substitution

        17       ordered.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       2097, by the Assembly Committee on Rules,

        21       assembly Print Number 9107A, an act to amend

        22       the Tax Law.

        23                  THE PRESIDENT:    Read the last

        24       section.

        25                  THE SECRETARY:    Section 2.  This


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         1       act shall take effect immediately.

         2                  THE PRESIDENT:    Call the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  THE PRESIDENT:    The bill is

         6       passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 2098, Senator Breslin moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 8900A and substitute it

        11       for the identical Senate Bill Number 6067A,

        12       Third Reading Calendar 2098.

        13                  THE PRESIDENT:    Substitution

        14       ordered.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       2098, by Member of the Assembly Reilly,

        18       Assembly Print Number 8900A, an act to amend

        19       the Real Property Tax Law.

        20                  THE PRESIDENT:    Read the last

        21       section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)


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         1                  THE SECRETARY:    Ayes, 62.

         2                  THE PRESIDENT:    The bill is

         3       passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 2099, Senator Golden moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 4408A and substitute it

         8       for the identical Senate Bill Number 6141A,

         9       Third Reading Calendar 2099.

        10                  THE PRESIDENT:    The substitution

        11       is ordered.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       2099 --

        15                  SENATOR LIZ KRUEGER:    Lay it

        16       aside, please.

        17                  THE PRESIDENT:    The bill is laid

        18       aside.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 2100, Senator Hannon moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 8759 and substitute it

        23       for the identical Senate Bill Number 6163,

        24       Third Reading Calendar 2100.

        25                  THE PRESIDENT:    The substitution


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         1       is ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       2100, by Member of the Assembly McEneny,

         5       Assembly Print Number 8759, an act to amend

         6       the Public Health Law.

         7                  THE PRESIDENT:    Read the last

         8       section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect July 1, 2007.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 62.

        14                  THE PRESIDENT:    The bill is

        15       passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 2101, Senator Bruno moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 6586 and substitute it

        20       for the identical Senate Bill Number 6191,

        21       Third Reading Calendar 2101.

        22                  ACTING PRESIDENT GRIFFO:

        23       Substitution ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number


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         1       2101, by Member of the Assembly Abbate,

         2       Assembly Print Number 6586, an act to amend

         3       the Retirement and Social Security Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 2102, Senator Leibell moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 7849B and substitute it

        18       for the identical Senate Bill Number 6271,

        19       Third Reading Calendar 2102.

        20                  ACTING PRESIDENT GRIFFO:

        21       Substitution ordered.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       2102, by Member of the Assembly Bradley,

        25       Assembly Print Number 7849B, an act to amend


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         1       the Environmental Conservation Law.

         2                  ACTING PRESIDENT GRIFFO:    There

         3       is a home-rule message at the desk.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 8.  This

         6       act shall take effect January 1, 2008.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 60.  Nays,

        11       2.  Senators Larkin and Rath recorded in the

        12       negative.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  (Applause from the gallery.)

        16                  THE SECRETARY:    Calendar Number

        17       2103, by the Senate Committee on Rules, Senate

        18       Print 6308, an act establishing the --

        19                  SENATOR DUANE:    Lay it aside,

        20       please.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is laid aside at the request of Senator

        23       Duane.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 2104, Senator Volker moves to


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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 9048B and substitute it

         3       for the identical Senate Bill Number 6315,

         4       Third Reading Calendar 2104.

         5                  ACTING PRESIDENT GRIFFO:     the

         6       substitution is so ordered.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       2104, by Member of the Assembly Peoples,

        10       Assembly Print Number 9048B, an act to amend

        11       the Public Authorities Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Thompson, to explain his vote.

        18                  SENATOR THOMPSON:    Yes,

        19       Mr. President.

        20                  I think this is an important piece

        21       of legislation.  I want to commend Senator

        22       Volker for standing strong with many of us as

        23       relates to this bill in relation to the City

        24       of Buffalo, which has done a great job of

        25       turning itself around.


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         1                  There was an initial bill that

         2       would have put blue-collar workers,

         3       white-collar workers, teachers, firefighters,

         4       lunch ladies and lunch aides, bus aides,

         5       everyone would have been pitted against one

         6       another as relates to Buffalo's fiscal

         7       recovery.

         8                  I think this is a great step when

         9       we stand together, stand united.  And I'm just

        10       glad that all the members of the Senate stood

        11       together to make sure that we support working

        12       men and women and not let other interests

        13       divide workers.

        14                  And so I'm so glad Senator Volker,

        15       Senator Stachowski and all the other members

        16       of the Western New York delegation also stood

        17       firm on this bill.  This is a very good bill.

        18       This is how we make good bills great.  And I

        19       think many of the workers in Buffalo will be

        20       very happy about this bill.

        21                  Thank you.  I support this bill.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Thompson to be recorded in the affirmative.

        24                  Call the roll.

        25                  (The Secretary called the roll.)


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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       2105, by Senator Maltese, Senate Print 6316,

         6       an act to amend the Insurance Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last 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, 61.  Nays,

        15       1.  Senator Seward recorded in the negative.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       2106 --

        20                  SENATOR DeFRANCISCO:    Please lay

        21       it aside temporarily.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is laid aside temporarily.

        24                  THE SECRETARY:     Calendar Number

        25       2107, by Senator Skelos, Senate Print 6327, an


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         1       act to amend the Tax Law.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the first day of a

         6       sales tax quarterly period.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       2108, by Senator Farley, Senate Print 6335, an

        15       act to amend the Tax Law.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 3.  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, 62.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       2109, by the Senate Committee on Rules, Senate

         3       Print 6336, an act to amend the Tax Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.  Nays,

        12       1.  Senator Duane recorded in the negative.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       2110, by the Senate Committee on Rules, Senate

        17       Print 6339, an act to amend the Tax Law.

        18                  THE PRESIDENT:    Read the last

        19       section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  THE PRESIDENT:    Call the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.  Nays,

        25       1.  Senator Duane recorded in the negative.


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         1                  THE PRESIDENT:     The bill is

         2       passed.

         3                  THE SECRETARY:    Calendar Number

         4       2111, by Senator Hannon, Senate Print 6344, an

         5       act to amend the Social Services Law and the

         6       State Finance Law.

         7                  THE PRESIDENT:    Read the last

         8       section.

         9                  THE SECRETARY:    Section 5.  This

        10       act shall take effect on July 1, 2007.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE PRESIDENT:    Announce the

        14       results.

        15                  THE SECRETARY:    Ayes, 62.

        16                  THE PRESIDENT:    The bill is

        17       passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 2113, Senator Bruno moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 9036 and substitute it

        22       for the identical Senate Bill Number 6360,

        23       Third Reading Calendar 2113.

        24                  THE PRESIDENT:    Substitution

        25       ordered.


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         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       2113, by Member of the Assembly Morelle,

         4       Assembly Print Number 9036, an act to amend

         5       the Insurance Law.

         6                  THE PRESIDENT:    Read the last

         7       section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  THE PRESIDENT:    Call the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 62.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  THE SECRETARY:    Calendar Number

        16       2119, by Member of the Assembly Schimel,

        17       Assembly Print Number 8400A, an act

        18       authorizing the Village of Great Neck Estates.

        19                  THE PRESIDENT:    Read the last

        20       section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  THE PRESIDENT:    Call the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 62.


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         1                  THE PRESIDENT:    The bill is

         2       passed.

         3                  THE SECRETARY:    Calendar Number

         4       2120, by Member of the Assembly Hoyt, Assembly

         5       Print Number 9238, an act to amend Chapter 444

         6       of the Laws of 1997 amending --

         7                  SENATOR BRUNO:    Lay it aside for

         8       the day, please.

         9                  THE PRESIDENT:    The bill is laid

        10       aside for the day.

        11                  That completes the noncontroversial

        12       Calendar 65B, Senator Bruno.

        13                  SENATOR BRUNO:    Mr. President,

        14       can we take up Calendar Number 2106.

        15                  THE PRESIDENT:    Calendar Number

        16       2106.  The Secretary will read.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 2106, Senator Seward moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 9249 and substitute it

        21       for the identical Senate Bill Number 6319,

        22       Third Reading Calendar 2106.

        23                  THE PRESIDENT:    Substitution

        24       ordered.

        25                  The Secretary will read.


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         1                  THE SECRETARY:    Calendar Number

         2       2106, by Member of the Assembly Magee,

         3       Assembly Print Number 9249, an act to amend

         4       the Executive Law.

         5                  THE PRESIDENT:    Read the last

         6       section.

         7                  THE SECRETARY:    Section 5.  This

         8       act shall take effect on the same date as a

         9       chapter of the Laws of 2007.

        10                  THE PRESIDENT:    Call the roll.

        11                  (The Secretary called the roll.)

        12                  THE PRESIDENT:    Senator Krueger,

        13       to explain her vote.

        14                  SENATOR LIZ KRUEGER:    Thank you,

        15       Mr. President.

        16                  This is a bill that we debated

        17       earlier in the year.  It would basically

        18       exempt most buildings on farms from the

        19       building code and the fire prevention laws.

        20                  I worry about buildings' safety

        21       wherever they are in the state of New York.

        22       If a factory is built on a farm, it's no

        23       different if a factory is built on a highway.

        24       We should have uniform rules.  This is a new

        25       set of laws that went into effect just this


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         1       January.  I think we should give them a try.

         2                  I continue to think this is a

         3       safety issue.  I vote no.  Thank you,

         4       Mr. President.

         5                  THE PRESIDENT:    Senator Krueger

         6       will be recorded in the negative.

         7                  Announce the results.

         8                  THE SECRETARY:    Ayes, 59.  Nays,

         9       3.  Senators Duane, Hassell-Thompson and

        10       L. Krueger recorded in the negative.

        11                  THE PRESIDENT:    The bill is

        12       passed.

        13                  Senator Bruno.

        14                  SENATOR BRUNO:    Mr. President,

        15       can we lay aside for the day 1914 and 1997.

        16                  THE PRESIDENT:    Those bills, 1914

        17       and 1997, are laid aside for the day.

        18                  SENATOR BRUNO:    And,

        19       Mr. President, on the main calendar can we

        20       take up 740.

        21                  THE PRESIDENT:    Calendar Number

        22       740.  The Secretary will read.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 740, Senator Flanagan moves to

        25       discharge, from the Committee on Rules,


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         1       Assembly Bill Number 4111A and substitute it

         2       for the identical Senate Bill Number 830B,

         3       Third Reading Calendar 740.

         4                  THE PRESIDENT:    The substitution

         5       is ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       740, by Member of the Assembly Brodsky,

         9       Assembly Print Number 4111A, an act to amend

        10       the General Business Law.

        11                  THE PRESIDENT:    Read the last

        12       section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect on the 60th day.

        15                  THE PRESIDENT:    Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  THE PRESIDENT:    The bill is

        19       passed.

        20                  SENATOR BRUNO:    Mr. President, on

        21       the main calendar, 1696.

        22                  THE PRESIDENT:    The Secretary

        23       will read.

        24                  THE SECRETARY:    Calendar Number

        25       1696, by Senator Alesi, Senate Print 4744B, an


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         1       act in relation to redistributing 2006 bond

         2       volume allocations.

         3                  THE PRESIDENT:    Read the last

         4       section.

         5                  THE SECRETARY:    Section 17.  This

         6       act shall take effect immediately.

         7                  THE PRESIDENT:    Call the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  THE PRESIDENT:    The bill is

        11       passed.

        12                  Senator Bruno.

        13                  SENATOR BRUNO:    Mr. President, on

        14       the controversial calendar can we take up 65B.

        15                  THE PRESIDENT:    The Secretary

        16       will conduct the controversial reading of

        17       Calendar 65B.

        18                  THE SECRETARY:    Calendar Number

        19       2075, by Senator Saland, Senate Print 1239, an

        20       act to amend the Education Law.

        21                  THE PRESIDENT:    Read the last

        22       section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect September 1, 2008.

        25                  THE PRESIDENT:    Call the roll.


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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 62.

         3                  THE PRESIDENT:    The bill is

         4       passed.

         5                  THE SECRETARY:    Calendar Number

         6       2099, substituted earlier today by Member of

         7       the Assembly V. Lopez, Assembly Print Number

         8       4408A, an act to amend the Real Property Tax

         9       Law.

        10                  SENATOR LIZ KRUEGER:

        11       Explanation.

        12                  SENATOR DUANE:    Explanation,

        13       please.

        14                  THE PRESIDENT:    Senator Golden,

        15       an explanation is requested.

        16                  SENATOR GOLDEN:    Thank you,

        17       Mr. President.

        18                  The 421-a bill that we're expanding

        19       would expand the geographical exclusion areas.

        20       It would reserve the 421-a tax benefits for

        21       buildings with a minimum of four units.

        22                  And it maintains the establishment

        23       of a $400 million fund for affordable housing

        24       citywide.  The dedicated fund would be used to

        25       create affordable housing outside the GEA,


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         1       focusing on 15 highest poverty-stricken

         2       districts in the city.

         3                  And it eliminates the negotiable

         4       certificate program at the end of 2007.

         5                  It was passed in the Assembly this

         6       evening unanimously, and it requires the units

         7       remain affordable up to 40 years instead of 30

         8       years.

         9                  THE PRESIDENT:    Senator Krueger.

        10                  SENATOR LIZ KRUEGER:    Thank you,

        11       Mr. President.  If the sponsor would please

        12       yield.

        13                  THE PRESIDENT:    Senator Golden,

        14       will you yield for a question from Senator

        15       Krueger?

        16                  SENATOR GOLDEN:    I do,

        17       Mr. President.

        18                  THE PRESIDENT:    The Senator

        19       yields, Senator Krueger.

        20                  SENATOR LIZ KRUEGER:    Mr.

        21       President, through you, if the sponsor would

        22       answer, how does this bill treat the Atlantic

        23       Yards development differently than any other

        24       arrangement under this bill for the City of

        25       New York?


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         1                  SENATOR GOLDEN:    It would allow

         2       the project to get the credits as long as it

         3       maintains 70 percent of affordability.

         4                  SENATOR LIZ KRUEGER:    Mr.

         5       President, if through you the sponsor would

         6       continue to yield.

         7                  THE PRESIDENT:    Senator Golden,

         8       do you continue to yield?

         9                  SENATOR GOLDEN:    I do.

        10                  THE PRESIDENT:    The Senator

        11       yields, Senator Krueger.

        12                  SENATOR LIZ KRUEGER:    Thank you.

        13                  So it's 60 percent -- or it's

        14       80 percent of AMI in other parts of the city,

        15       or 60 percent?

        16                  SENATOR GOLDEN:    Sixty percent.

        17                  SENATOR LIZ KRUEGER:    Sixty

        18       percent, thank you.  And 70 percent there.

        19       But is there not also something different

        20       about the amount of rent they can charge?

        21                  My understanding is in 421-a in

        22       most cases the maximum you would pay of your

        23       income was 30 percent.  How would that be

        24       different here?

        25                  SENATOR GOLDEN:    This would be 20


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         1       percent.

         2                  SENATOR LIZ KRUEGER:    You would

         3       only have to pay 20 percent of your income for

         4       rent?

         5                  I'm sorry, Mr. President, if

         6       through you the sponsor would yield.

         7                  THE PRESIDENT:    Yes.

         8                  SENATOR GOLDEN:    Yes,

         9       Mr. President, 20 percent.

        10                  THE PRESIDENT:    Senator Krueger.

        11                  SENATOR LIZ KRUEGER:    Thank you,

        12       Mr. President.  If the sponsor would continue

        13       to yield.

        14                  THE PRESIDENT:    Senator Golden,

        15       do you continue to yield?

        16                  SENATOR GOLDEN:    Yes,

        17       Mr. President.

        18                  SENATOR LIZ KRUEGER:    Thank you.

        19                  This bill increases the

        20       requirements for HPD to monitor affordability

        21       requirements but takes away specific tools

        22       they had in an original version of this bill,

        23       such as regulatory agreements, deed

        24       restrictions, resale restrictions, occupancy

        25       requirements, other such instruments or


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         1       requirements deemed necessary to establish

         2       both the realities of these units and legal

         3       remedies to enforce such mechanisms.

         4                  How would HPD actually implement

         5       the rules of this law without those tools?

         6                  SENATOR GOLDEN:    Those tools are

         7       all still there.

         8                  SENATOR LIZ KRUEGER:    Mr.

         9       President, if the sponsor would continue to

        10       yield.

        11                  THE PRESIDENT:    Senator Golden,

        12       do you continue to yield?

        13                  SENATOR GOLDEN:    I do.

        14                  SENATOR LIZ KRUEGER:    Thank you.

        15                  This bill expands the exclusionary

        16       zones; it adds quite a few of them.  And many

        17       people are very happy about that.  Actually,

        18       the Senate Democrats proposed a bill that made

        19       the entire City of New York an exclusionary

        20       zone.

        21                  But is it your understanding

        22       that -- I'm sorry, Mr. President.  I'm going

        23       to rephrase my question.  May I start again?

        24                  THE PRESIDENT:    Please.

        25                  SENATOR LIZ KRUEGER:    Would the


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         1       sponsor mind if I started again?

         2                  THE PRESIDENT:    Does the sponsor

         3       yield?

         4                  SENATOR GOLDEN:    I do.

         5                  SENATOR LIZ KRUEGER:    Thank you.

         6       I think I need to do these in order.

         7                  Under the city law that was passed,

         8       the Local Law 58, the City of New York

         9       intended to commit an investment of

        10       $400 million to a trust fund to then be made

        11       available to build affordable housing in 15

        12       geographic districts of the City of New York.

        13                  SENATOR GOLDEN:    High-poverty

        14       districts, yes.

        15                  SENATOR LIZ KRUEGER:    Under this

        16       law where we've expanded the exclusionary

        17       zones, is it your understanding, one, that the

        18       City of New York intends to continue or is

        19       obligated to put the $400 million into this

        20       trust fund (a), and then (b) can they use this

        21       money in the exclusionary zones for building

        22       housing?

        23                  SENATOR GOLDEN:    Answer B is no.

        24       And Answer A is that the 15 designated areas

        25       haven't been designated, so we don't know if


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         1       they're in the exclusionary zone.

         2                  Last question?

         3                  SENATOR LIZ KRUEGER:    Mr.

         4       President, now I have to think about my last

         5       question.

         6                  THE PRESIDENT:    Do you have a

         7       last question, Senator?

         8                  SENATOR LIZ KRUEGER:    Well, I had

         9       more, so I have to think carefully about the

        10       one I want.  Since I've been offered one more.

        11                  Is there an estimate in this bill

        12       for how much the new tax deductions would cost

        13       the City of New York?  Under the old law that

        14       is sunsetting, the estimate was that the City

        15       of New York was losing approximately

        16       $400 million in tax revenue per year, but they

        17       were choosing to do so under the law.

        18                  Under the new law, how much would

        19       be the tax revenue lost to the City of

        20       New York because of the 421-a credits expected

        21       to be distributed under your law?

        22                  SENATOR GOLDEN:    Over the long

        23       period of time, a lot less than if we had not

        24       made these changes.

        25                  SENATOR LIZ KRUEGER:    Mr.


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         1       President, could I indulge to ask the sponsor

         2       another question.

         3                  THE PRESIDENT:    Senator Golden,

         4       do you continue to yield?

         5                  SENATOR GOLDEN:    Mr. President,

         6       this is absolutely the last question.

         7                  SENATOR LIZ KRUEGER:    Thank you.

         8                  THE PRESIDENT:    The sponsor

         9       absolutely yields one more time.

        10                  SENATOR GOLDEN:    Thank you,

        11       Mr. President.

        12                  SENATOR LIZ KRUEGER:    I

        13       appreciate the sponsor's patience.

        14                  I understand the affordability

        15       rules in the bill for rental apartments, where

        16       affordability requirements would remain in

        17       effect for 40 years from the completion of

        18       construction of the building, and they must

        19       remain subject to rent stabilization the

        20       entire 40-year period.  And I'm glad.

        21                  But how do we deal with

        22       affordability for co-ops and condos that might

        23       be built under this new 421-a law, either the

        24       definitions of affordability and/or the length

        25       of time that those co-op and condo units would


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         1       have to stay both within that 40-year

         2       timeline, if they did, and the relationship to

         3       rent regulation?

         4                  SENATOR GOLDEN:    The industry is

         5       going to have to come up with creative ways of

         6       doing it or they're not going to get the

         7       credits.

         8                  Thank you, Mr. President.

         9                  SENATOR LIZ KRUEGER:    Thank you.

        10                  On the bill.

        11                  THE PRESIDENT:    Senator Krueger,

        12       on the bill.

        13                  SENATOR LIZ KRUEGER:    Thank you.

        14                  Well, I appreciate the sponsor's

        15       answers.  I'm not sure I agree with him on

        16       several of the answers.  And I just want to

        17       give us some context, because there were

        18       several bills out in the last several weeks on

        19       421-a, and it confused pretty much everyone.

        20       It was a moving target, what would the state

        21       do with extension of 421-a.

        22                  And the sponsor in the Assembly had

        23       multiple bills that seemed to be either

        24       complementary or totally contradictory to each

        25       other.  There were three separate Senate


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         1       Republican-sponsored bills that were very,

         2       very different in what they did and how they

         3       went forward.

         4                  There is a chapter amendment -- no,

         5       excuse me, two chapter amendments that have

         6       already been filed for this law that

         7       dramatically change what this law would be.

         8       But those bills are high.  So unless we stay

         9       until tomorrow -- perhaps Senator Bruno is

        10       going to announce that -- or the Assembly

        11       passes those chapter amendments, but I'm

        12       pretty much they're high there also, those

        13       chapter amendments would dramatically change

        14       what this bill does, the outcome, the cost to

        15       the city, the impacts and what could or

        16       couldn't be built.

        17                  So my frustration here is both with

        18       what we see in this bill but also what we

        19       don't see in this bill, because you'd need to

        20       hold it up to chapter amendments that we're

        21       being asked to consider at the exact same time

        22       as we're passing this law.  And yet we can't

        23       do those chapter amendments now.

        24                  There are good parts of this bill.

        25       We knew we needed to change 421-a.  We knew


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         1       that we needed to stop giving tax exemptions

         2       to developers who were building luxury

         3       high-rises.

         4                  And we knew we needed to make sure

         5       that if the City of New York or we were giving

         6       the City of New York the authority or even in

         7       some cases ordering the City of New York to

         8       create a tax exemption -- from their money,

         9       not ours; this is New York City property

        10       taxes -- that if they were going to go forward

        11       and we were going to go forward with them, we

        12       should try to make sure that every dollar of

        13       tax exemption was going for building actual

        14       affordable units in communities in New York

        15       City that desperately needed the assistance of

        16       tax credits and exemptions to get those

        17       buildings done, and to stop the pattern of

        18       allowing, as has been the case up until now,

        19       the vast majority of 421-a tax credits going

        20       to luxury developments with very few units

        21       being built for low-income, middle-income

        22       working people.

        23                  And so there are good parts of this

        24       bill.  And it expands the exclusionary zone.

        25       And again -- well, it's called the geographic


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         1       exclusionary areas, to be technical.  And many

         2       of my colleagues are very pleased to see those

         3       exclusionary areas included in this bill.

         4                  But one of the questions I asked

         5       the sponsor was would you be able to receive

         6       the city's trust fund for housing money if

         7       somebody built in the geographic exclusionary

         8       areas.  And when I asked the City of New York

         9       that question, they said no.

        10                  So people need to understand, when

        11       they're looking at their specific area of

        12       New York City, if you're in the geographic

        13       exclusion area, you're not going to be able to

        14       draw down on any of the $400 million of

        15       housing trust fund money, assuming that's

        16       still going to be there, for building in your

        17       district or your geographic area.  So it's

        18       important to understand that's one of the

        19       things that happens in this bill.

        20                  It's also important to understand

        21       that -- Mr. President --

        22                  (Laughter; catcalls.)

        23                  SENATOR HASSELL-THOMPSON:    He is

        24       out of order.  He is totally out of order.

        25       There's nothing funny about it.


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         1                  SENATOR LIZ KRUEGER:    Mr.

         2       President.  Last night, Senator -- Governor --

         3       last night one of my colleagues also waved a

         4       white flag at me, and I thought that meant

         5       that I had gotten through and he was going to

         6       vote with me, but he didn't.

         7                  So I suspect this learned gentleman

         8       from farther north in New York State who's

         9       waving his white flag now also isn't prepared

        10       to vote with me.

        11                  And I don't have a time limit, sir,

        12       because there's two hours on a bill.

        13                  Mr. President, I'll continue.

        14       Perhaps I might have to start again.  You've

        15       made me lose track of my --

        16                  (Laughter.)

        17                  THE PRESIDENT:    Senator Krueger

        18       continues.

        19                  SENATOR LIZ KRUEGER:    Excuse me.

        20       To continue.  Thank you, Mr. President.

        21                  So it's important to understand

        22       that this bill tied into the chapter

        23       amendments, if they are to be passed, also

        24       very much changed the deals of what could or

        25       could not happen in areas.


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         1                  For example, one of the very

         2       important parts of 421-a -- and I know that

         3       Assemblymember Lopez, who's joined us here

         4       tonight and is the sponsor in the Assembly,

         5       has been a hard fighter for this -- is the

         6       importance of making sure that affordable

         7       units are built on-site, in the same buildings

         8       with the quote, unquote, market-rate

         9       apartments.

        10                  And that's important both for

        11       developing stronger, more stable communities

        12       but also because integrated communities and

        13       integrated buildings by socioeconomic status

        14       are better buildings and better communities.

        15                  And this bill we're discussing

        16       tonight would still continue to establish that

        17       that 20 percent needed to be on-site for the

        18       same types of apartments.  It was also

        19       important that you couldn't have the nice

        20       apartments on certain floors for the

        21       market-rate people and then the worse

        22       apartments -- the smaller apartments, the

        23       cheaper fixtures, the thinner walls -- in the

        24       other types of apartments.

        25                  But in the chapter amendment -- and


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         1       I'm urging my colleagues to think about the

         2       bill and the chapter amendment as one -- they

         3       wouldn't have to build the same kinds of units

         4       or the same size units, they would just have

         5       to continue to have 20 percent of the floor

         6       space used for units rather than 20 percent of

         7       the units in the same building.

         8                  And so that opens up a whole new

         9       area of questions I feel we should be

        10       concerned about.

        11                  This bill also establishes several

        12       sections of the city where there are different

        13       rules.  I mentioned the Atlantic Yards

        14       section.  There's also a section in Queens

        15       with different rules.

        16                  This bill also extends the current

        17       rules for at least six months beyond when this

        18       law sunsets and in some cases offers

        19       exemptions to allow developers to continue

        20       under the old rules for up to 2009.

        21                  And Senator Golden, when he

        22       answered one of my questions and I asked him

        23       how much will this cost in tax exemptions

        24       compared to the old law, was perhaps right

        25       when he said perhaps less over time than the


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         1       current law, because the current law has been

         2       a failure and has been offering large sums of

         3       tax exemptions where they are least needed.

         4                  My concern with this bill and the

         5       chapter amendments is it pushes this new --

         6       excuse me, it pushes the bad current law years

         7       into the future, leaving the City of New York

         8       knowing that they will continue under this law

         9       to have to give the wrong kinds of tax

        10       exemptions to the wrong types of development

        11       for years into the future.

        12                  I'm not going to ask my colleagues

        13       to vote no with me tonight.  I know that for

        14       many of them in their communities the pieces

        15       of this bill that are good are worth it to

        16       them.  And in fact my district has been,

        17       basically, already in the exclusion zone.

        18                  So when I talk here tonight and I

        19       tell you how important I think it is to get

        20       this right and that we haven't gotten this

        21       right, even though some people have been

        22       talking about this for years, I'm trying to

        23       say that, one, we could do better.  We

        24       actually had better bills written.  We had

        25       better bills written by Senate Republicans, by


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         1       Assembly Democrats.

         2                  And yet at the end of the day,

         3       everybody changed the deal, and we're passing

         4       a bill that isn't nearly as good for the City

         5       of New York, won't result in nearly as many

         6       new units of affordable housing over the next

         7       period of years.  And that I think we were

         8       here with a test, and that I think we've

         9       flunked that test.

        10                  So I will vote no, but I'm

        11       certainly not asking anyone to vote no with

        12       me.

        13                  Thank you, Mr. President.

        14                  THE PRESIDENT:    Is there any

        15       other member that wishes to speak on the bill?

        16                  The debate is closed.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  THE PRESIDENT:    Call the roll.

        21                  (The Secretary called the roll.)

        22                  THE PRESIDENT:    Senator Sabini,

        23       to explain his vote.

        24                  SENATOR SABINI:    Thank you,

        25       Mr. President.


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         1                  I just want to commend the

         2       sponsors, Senator Golden and Chairman Lopez in

         3       the other house, because this bill takes a law

         4       that was really antiquated and passed in a

         5       different time and makes it current under the

         6       current housing conditions in our city of

         7       New York.

         8                  It expands the exclusionary zone to

         9       include burgeoning neighborhoods in Western

        10       Queens of Corona, Elmhurst, Woodside, East

        11       Elmhurst and Jackson Heights, which have a

        12       housing crisis now that is forcing people out

        13       of those neighborhoods, to move to more remote

        14       parts of town where they can afford to live.

        15                  One of the best pieces of this bill

        16       no one has mentioned is it ensures that

        17       residents of a community board will have

        18       priority for the rental of at least 50 percent

        19       of the affordable housing units in that area,

        20       so people will be able to stay in the

        21       neighborhoods that they're accustomed to live

        22       in or grew up in.  So I want to thank the

        23       sponsors for all that.

        24                  I am concerned about the housing

        25       trust fund that the mayor has put forward,


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         1       that this may not be used in the exclusionary

         2       zones.  But the City Council can amend Local

         3       Law 58 as a result of this bill and perhaps

         4       will do so and make the bill even better.

         5                  I vote aye.

         6                  THE PRESIDENT:    Senator Sabini

         7       will be recorded in the affirmative.

         8                  Senator Stavisky, to explain her

         9       vote.

        10                  SENATOR STAVISKY:    I want to echo

        11       what Senator Sabini just said, because areas

        12       of Queens, particularly the areas of Flushing,

        13       are included in this exclusionary zoning area.

        14                  And the fact that they recognize

        15       the importance of the local neighborhoods.

        16       The community board is so important,

        17       particularly in a burgeoning community such as

        18       Flushing where there's been so much

        19       construction but it hasn't been affordable.

        20       We're delighted with the development, but

        21       people have to have a place to live.

        22                  And I'm hopeful that in this area

        23       that is included in the exclusionary zoning

        24       area that we will have, for once, some

        25       affordable housing where people can


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         1       participate in neighborhood activities and

         2       continue to make New York City such a

         3       wonderful place to live.

         4                  I vote aye.

         5                  THE PRESIDENT:    Senator Stavisky

         6       votes aye.

         7                  Senator Schneiderman, to explain

         8       his vote.

         9                  SENATOR SCHNEIDERMAN:    Thank you,

        10       Mr. President.

        11                  I very much appreciate the debate

        12       we just had.  And I would like to thank the

        13       sponsor and also thank Senator Krueger for

        14       drawing out a critical issue.

        15                  It is now in the record that, while

        16       the language of the bill is vague, the sponsor

        17       has indicated that co-ops and condos have to

        18       provide for affordability.  That is a

        19       critical, critical factor for me in my

        20       district, and the language of the bill frankly

        21       was not that clear.  I'm glad we've gotten

        22       that clear.

        23                  This does protect a substantial

        24       part of upper Manhattan.  It expands the

        25       exclusionary zone in a way that will benefit


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         1       many, many of my constituents.  I share the

         2       concerns about the trust fund.  I am concerned

         3       about some of the special provisions in here

         4       for some areas of New York.  But as far as my

         5       district is concerned, this is a good deal.  I

         6       will be voting yes.

         7                  THE PRESIDENT:    Senator

         8       Schneiderman will be recorded in the

         9       affirmative on Calendar Number 2099.

        10                  Senator Connor, to explain his

        11       vote.

        12                  SENATOR CONNOR:    Thank you,

        13       Mr. President.

        14                  I know -- and I congratulate the

        15       sponsors.  I know it's been a difficult

        16       process.  It's gone on for many, many months.

        17       There are contentious features, there have

        18       been hearings, there have been many drafts of

        19       bills.

        20                  I'm sure, like any other bill, it's

        21       not a perfect bill.  I have voted on hundreds

        22       of bills this week, and I didn't see a perfect

        23       bill.  I saw a lot of good bills.

        24                  And this is a good bill because it

        25       does update the 421-a program.  It expands the


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         1       exclusionary zone into areas in my district,

         2       the rest of my district in Manhattan and into

         3       Brooklyn that are under enormous pressure for

         4       development now.  The market's hot.

         5                  Affordability, under the old law,

         6       was being sacrificed, frankly, because the

         7       certificates were going somewhere else and

         8       people in places like the Lower East Side or

         9       in downtown Brooklyn weren't able to remain in

        10       the neighborhood.  It wasn't affordable.

        11                  I think another great feature, a

        12       great feature of this is the prevailing wage

        13       provision that's provided for the building

        14       service workers and so on in larger buildings.

        15       I think that's fair and appropriate and it's

        16       something we ought to do and we're doing.

        17                  And I think I know, I appreciate

        18       some of the concern expressed by Senator

        19       Krueger or Senator Schneiderman about some of

        20       the personal features.  But, you know, in

        21       crafting a bill like this you have to look at

        22       certain realities.  There are certain things

        23       that are underway, there are certain things

        24       have been done in reliance by people, and you

        25       have to try and carefully craft the zone to


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         1       take account of those things.

         2                  Because while you want to take some

         3       of the golden eggs and apply them to

         4       affordability, you don't want to kill the

         5       goose that's the real estate market.

         6                  So I'm voting aye, Mr. President.

         7                  THE PRESIDENT:    Senator Connor

         8       will be recorded in the affirmative on

         9       Calendar Number 2099.

        10                  Senator Adams, to explain his vote.

        11                  SENATOR ADAMS:    Thank you,

        12       Mr. President.  I also will vote in favor of

        13       this because of the many issues in the bill.

        14                  But I want to thank Senator Krueger

        15       for her explanation.

        16                  And, you know, I think that after

        17       six months of being here, and I believe we

        18       have been patient listening to each other --

        19       and because at the end of the day we should

        20       not raise to the level of being disrespectful

        21       to each other.  Because these are real issues.

        22       Some of the issues that you raise are

        23       important.

        24                  And I think that when we start

        25       waving flags, when we start being


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         1       discourteous, when we start being

         2       disrespectful, then we get into a spiraling

         3       course where no one can articulate their

         4       issues.  You are here to represent your

         5       constituents and the concerns of your

         6       constituents.  And if we start disrespecting

         7       each other, that we don't allow us to

         8       articulate those issues that are important to

         9       our constituents, we will never get things

        10       done.

        11                  I respect your concerns.  And

        12       although I'm voting for this bill, I think you

        13       raised some important issues and I hope we all

        14       begin the process of respecting each other

        15       first and not to the point of being

        16       discourteous and disrespectful.  Nothing is

        17       funny about being disrespectful.

        18                  I vote aye.

        19                  (Scattered applause.)

        20                  THE PRESIDENT:    Senator Adams

        21       will be recorded in the affirmative on

        22       Calendar Number 2099.

        23                  Announce the results.

        24                  THE SECRETARY:    Those recorded in

        25       the negative on Calendar Number 2099 are


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         1       Senators L. Krueger and Padavan.

         2                  Absent from voting:  Senator C.

         3       Kruger.

         4                  Ayes, 59.  Nays, 2.

         5                  THE PRESIDENT:    The bill is

         6       passed.

         7                  THE SECRETARY:    Calendar Number

         8       2103, by the Senate Committee on Rules, Senate

         9       Print 6308, an act establishing the Commission

        10       on Health Care Facilities.

        11                  SENATOR KLEIN:    Explanation,

        12       please.

        13                  THE PRESIDENT:    Senator Hannon,

        14       an explanation has been requested by Senator

        15       Klein.

        16                  SENATOR HANNON:    This is a bill

        17       that fulfills a provision in the budget that

        18       we passed where we had PTAC'd these specific

        19       monies.  In other words, pursuant to a

        20       chapter, it appropriates money to additionally

        21       implement the recommendations of the Berger

        22       Commission, in this regard for workers who are

        23       displaced by recommendations of that

        24       committee.

        25                  THE PRESIDENT:    Senator Klein.


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         1                  SENATOR KLEIN:    Would the sponsor

         2       yield for a couple of questions.

         3                  THE PRESIDENT:    Senator Hannon,

         4       will you yield for a question from Senator

         5       Klein?

         6                  SENATOR HANNON:    Mr. President,

         7       I'll yield to a question at a time.

         8                  SENATOR KLEIN:    Through you,

         9       Mr. President.

        10                  I notice in the legislation there's

        11       a half a million dollars that's allocated to

        12       both the Senate and the Assembly.  Is that

        13       only for the two respective majorities?

        14                  SENATOR HANNON:    It talks about a

        15       memorandum of understanding between the

        16       Temporary President of Senate and the Speaker

        17       of the Assembly.

        18                  SENATOR KLEIN:    Again through

        19       you, Mr. President, would the sponsor yield

        20       for a question.

        21                  THE PRESIDENT:    Does the sponsor

        22       yield for another question?

        23                  SENATOR HANNON:    Yes.

        24                  THE PRESIDENT:    Senator Klein.

        25                  SENATOR KLEIN:    You know, I


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         1       notice here that one of the qualifications

         2       here in sort of finding a way to place these

         3       workers is a proven track record of competence

         4       in providing job training.

         5                  Would you be able to tell me

         6       offhand who would be able to fill that bill

         7       and be able to train these displaced workers?

         8                  SENATOR HANNON:    I would presume

         9       there is any number of groups that are

        10       qualified for that.  But it would have to be

        11       people who would meet these standards.  At the

        12       moment I don't have specifics on that.

        13                  SENATOR KLEIN:    Thank you.  Thank

        14       you, Mr. Hannon.

        15                  On the bill, Mr. President.

        16                  THE PRESIDENT:    Senator Klein, on

        17       the bill.

        18                  SENATOR KLEIN:    It's rather

        19       disheartening that our last sort of half hour,

        20       hour of session we're doing a piece of

        21       legislation that is acknowledging that the

        22       Berger Commission was correct.  Here we are

        23       doing an employee displacement mitigation

        24       program, finding ways to get jobs for workers

        25       when we close their hospitals.


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         1                  It was only last week where we

         2       debated, I believe, how Berger was incorrect

         3       in closing some of our hospitals.  I know we

         4       passed legislation in this house that

         5       Mr. Farley sponsored keeping Bellevue open, a

         6       very laudable cause.

         7                  We debated a hostile amendment by

         8       my colleague Senator Andrea Stewart-Cousins to

         9       keep her hospital, Dobbs Ferry Hospital, open

        10       in her district.  I know at the time I also

        11       mentioned my hospital in the Bronx,

        12       Westchester Square.

        13                  I think it's worth repeating -- and

        14       I think in some cases, to some of you, I'm

        15       preaching to the choir -- the findings of

        16       Berger were misguided.

        17                  If we look at the different

        18       hospitals that I talked about, what we did was

        19       we closed hospitals that were really

        20       low-Medicaid -- in other words, they weren't

        21       costing the state a lot of money in Medicaid,

        22       because they had a very low Medicaid

        23       population -- and they were also hospitals

        24       that were running in the black.  Which means

        25       they were not a burden on the state again.


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         1                  That seems to be the pattern that I

         2       see.  And here we are not passing a piece of

         3       legislation that I believe will enable the

         4       Health Department to keep some of our

         5       hospitals open.

         6                  I know after we had our long debate

         7       last week, my colleague Senator Hannon

         8       introduced a piece of legislation very similar

         9       to the amendment I attempted to pass last week

        10       which I believe would have given the Health

        11       Department a lot of discretion in keeping a

        12       lot of these hospitals open.  In other words,

        13       it would give a hospital that was on the

        14       Berger list to be closed, the ability to

        15       restate their case.

        16                  And I think that's a good thing,

        17       because I think what we've seen as far as a

        18       discrepancy as part of some of the regional

        19       recommendations, these hearings that took

        20       place around the state of New York that made

        21       certain recommendations, that kept some

        22       hospitals open, some hospitals would close,

        23       really ignoring local community input.

        24                  Under Senator Hannon's bill, it

        25       would give those individuals the ability to


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         1       kind of sort of revisit those recommendations.

         2       That's the kind of legislation I think we

         3       should be passing now, not a piece of

         4       legislation where we're acknowledging that all

         5       these hospitals are closing and we're going to

         6       leave it up to the two respective majorities

         7       to divvy out a pot of money to where these

         8       workers will work.

         9                  I think that's important.  We want

        10       to make sure these healthcare workers land

        11       safely.  But to turn around now and pass this

        12       legislation and totally ignore what we can do,

        13       I believe, to effectively save our hospitals I

        14       think is bad government.

        15                  I vote no, Mr. President.

        16                  THE PRESIDENT:    Are there any

        17       other Senators wishing to speak on this

        18       legislation?

        19                  Hearing none, the debate is closed.

        20                  The Secretary will read the last

        21       section.

        22                  THE SECRETARY:    Section 5.  This

        23       act shall take effect immediately.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)


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         1                  THE PRESIDENT:    Senator Hannon,

         2       to explain his vote.

         3                  SENATOR HANNON:    Yes, Mr.

         4       President, I just want to point out we are

         5       dealing with this not because of the other

         6       discussions taking place and continuing to

         7       take place in regard to Berger but because we

         8       had put language in the budget and said that

         9       we would have a chapter later.  And that's

        10       simply what we're doing now.

        11                  THE PRESIDENT:    Senator Hannon

        12       will be recorded in the affirmative on

        13       Calendar Number 2103.

        14                  The Secretary will announce the

        15       results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 2103 are

        18       Senators Adams and Klein.  Also Senator

        19       Stewart-Cousins.  Also Senator L. Krueger.

        20       Also Senator Sabini.

        21                  Absent from voting:  Senator C.

        22       Kruger.

        23                  Ayes, 56.  Nays, 5.

        24                  THE PRESIDENT:    The bill is

        25       passed.


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         1                  We now move to Calendar Number

         2       1319.  This is the last bill.

         3                  SENATOR BRUNO:    Thank you,

         4       Mr. President, for anticipating that request.

         5       Thank you.

         6                  THE PRESIDENT:    The Secretary

         7       will read.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 1319, Senator Griffo moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 5804 and substitute it

        12       for the identical Senate Bill Number 4801,

        13       Third Reading Calendar 1319.

        14                  THE PRESIDENT:    The substitution

        15       is ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       1319, by Member of the Assembly Lifton,

        19       Assembly Print Number 5804, an act to amend

        20       the Election Law.

        21                  THE PRESIDENT:    Read the last

        22       section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  THE PRESIDENT:    Call the roll.


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         1                  (The Secretary called the roll.)

         2                  THE PRESIDENT:    Announce the

         3       results.

         4                  THE SECRETARY:    Ayes, 62.

         5                  THE PRESIDENT:    The bill is

         6       passed.

         7                  The chair recognizes Senator Smith.

         8                  SENATOR SMITH:    Thank you very

         9       much, Mr. President.

        10                  And first, Mr. President, let me

        11       thank you for presiding over the first portion

        12       of this session that we are ending tonight.

        13       You have presided on the floor with the adroit

        14       ability that you always have.  Your intellect,

        15       your ability to reason and recall continues to

        16       amaze many of us.  And I want to congratulate

        17       you on your first session where you have

        18       presided over the Senate.

        19                  (Extended applause.)

        20                  THE PRESIDENT:    The statements

        21       are not germane and are ruled out of order.

        22                  (Laughter.)

        23                  SENATOR SMITH:    Let me also thank

        24       Senator Bruno, who in his consistent wisdom

        25       has done what he could and done all that he


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         1       could to move us to deal with the issues at

         2       hand as it relates to the people of this

         3       state.

         4                  The Governor and his ability to

         5       move some agenda items which we did earlier in

         6       the year -- those of which, many of us know,

         7       some of which took close to 12 to 14 years.

         8       Workmen's comp was a big important issue for

         9       us, civil confinement, the anti-human

        10       trafficking, all of which were successes early

        11       on in our year, all of which were very

        12       important issues to us, all of which got done

        13       because of the time and effort that we all put

        14       in.

        15                  I do want to thank my floor

        16       manager, Senator Tom Duane, for all that

        17       you've done this session.  You've managed the

        18       floor very well.  I know Senator Bruno at

        19       times felt as though there was need for

        20       intervention.  But Senator Duane, as he always

        21       does, does very well.

        22                  My deputy, Senator Jeff Klein, for

        23       his guidance and wisdom, his quiet counsel of

        24       myself at times on various issues.

        25                  Our floor whips, Senator Kevin


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         1       Parker, Senator Toby Stavisky.  They have

         2       always ran into the office:  Which way are we

         3       voting, how do we corral the members?  They

         4       did a great job, sweating most of the time.  I

         5       think they lost a little bit of weight running

         6       back and forth between, but they've done a

         7       great job also.

         8                  To our floor counsel, Chrissy

         9       Dickinson, who I'm not sure how you managed to

        10       keep us all together, but she did a wonderful

        11       job.

        12                  To my general counsel, Shelley

        13       Mayer, who I know many of you saw her bouncing

        14       around like a little bullet.  She moves around

        15       very quickly.  Always very worried, always

        16       very concerned, but concerned about the

        17       people's business at hand.

        18                  To my chief of staff, Mortimer

        19       Lawrence, and my friend, Mortimer Lawrence.

        20                  And to all of my staff members who

        21       have taken the time to do so much, I want to

        22       thank all of you.  I know many of you have

        23       families, and we put some long hours in this

        24       year.  A lot of your families questioned why

        25       you were there, how much time are you going to


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         1       give back to us.

         2                  And I know we demanded, the members

         3       demanded, I demanded much of you.  We want you

         4       to know that it did not go unnoticed.  It

         5       doesn't mean you're getting raises, but it did

         6       not go unnoticed.  You did very well, and we

         7       appreciate all that you did.

         8                  This was a unique session for us.

         9       Many of the members -- Senator Sabini; Senator

        10       Ruth Hassell-Thompson; Senator Gonzalez,

        11       Senator Stachowski, our finance chair; Senator

        12       Valesky; Senator Parker; Senator Breslin;

        13       Senator Savino; Senator Adams; Senator

        14       Schneiderman -- many of them were involved

        15       with the six-way meetings with the Governor,

        16       Senator Bruno, Speaker Silver, myself, and

        17       Assemblyman Tedisco.

        18                  Many of them put a lot of hours in,

        19       a lot of effort in, took the time to become

        20       expert on issues.  The people of this state

        21       are thankful to each and every one of you.  I

        22       am thankful to each and every one of you.  You

        23       have allowed this conference, the Democratic

        24       conference, to show the leadership and the

        25       ability that it has to manage and run this


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         1       state, which we will do and we plan to do and

         2       we will do it very well.  You have made people

         3       very proud of all that you have done.

         4                  I seen some unique things happen.

         5       I saw Senator Johnson introduce a divestment

         6       bill.  I saw Senator Klein add to that idea.

         7       I saw Senator Bonacic put the bill on the

         8       floor today.  I saw it be passed today.  Which

         9       is a shining example of what happens when we

        10       work together, what happens when we confine

        11       ourselves to doing what we was elected to do,

        12       and that was to handle the people's business.

        13                  Staff for the Majority, appreciate

        14       all that you have done as well.  While at

        15       times we are on different sides of the aisle,

        16       the bottom line is we are all focused on the

        17       same thing, and that is to get the job done

        18       for the people of this state so that they know

        19       that they can raise their families here, they

        20       can have their children go to school, they can

        21       be safe, and that you can continue to get your

        22       paycheck as well.

        23                  You've done a great job as well; I

        24       know Senator Bruno will also thank you.

        25                  We have some very interesting


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         1       initiatives that we took up this year --

         2       foreclosure crisis, subprime lending.

         3       Senators Klein, Krueger, Connor, Sampson

         4       pushed the issue very hard.  Green Apple

         5       Initiative.  Brownfields.  Senator Breslin,

         6       Senator Johnson, Thompson, Perkins,

         7       Schneiderman.  Members working very hard.

         8       Reproductive choice:  Stewart-Cousins, Diane

         9       Savino.  Our suburban caucus.  Our suburban

        10       caucus:  Senator Valesky, Senator Craig

        11       Johnson, Senator Suzi Oppenheimer, Senator

        12       Klein, who I'm still wondering how much

        13       suburban he is.

        14                  But we've done some very unique

        15       things this year.  We also had some tough

        16       times.  Recently on this floor we had to talk

        17       about Trooper Brinkerhoff.  We had to talk

        18       about his family and what it meant to each and

        19       every one of us, what it meant to this

        20       particular body of Senators, of members, who

        21       had to explain to the people of this state

        22       that we are here to protect them and to serve

        23       them.

        24                  We have a tremendous amount of

        25       unfinished business that we need to handle


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         1       still, Mr. President.  We have economic

         2       development issues that we have to deal with,

         3       tax relief issues, campaign finance issues,

         4       paid family leave issues we have not gotten

         5       to, Article X siting, healthy schools,

         6       judicial pay raise.

         7                  There are a number of issues that

         8       we still have to deal with, and that is why

         9       many of you heard me call for us to stay here

        10       and continue our work.

        11                  However, I will say to Senator

        12       Bruno, I thank you at least for accepting my

        13       recommendation and moving beyond 5 o'clock.

        14       We are now at 9:30.  And at the rate we're

        15       going, perhaps we'll be here tomorrow.  And I

        16       know many of you don't mind being here

        17       tomorrow.  It's good to take care of our

        18       business.  My conference, our members are

        19       ready to continue to work.

        20                  But I do know there comes a time

        21       when we have to move on.  But however, I am

        22       looking forward to us returning.  I don't

        23       consider this the end of session.  I had some

        24       decent conversations with Senator Bruno, with

        25       the Governor, with the Speaker, and we've all


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         1       agreed that it is time for us to continue our

         2       work.

         3                  So we will pause.  We will pause

         4       for a moment, we will collect our thoughts, we

         5       will take a breather and begin to continue the

         6       dialogue.  I do hope that when we come back on

         7       the 16th or the 23rd, at the call of the

         8       Majority Leader, that we will have taken the

         9       time to evaluate all the issues that are laid

        10       out before us and things that we still have to

        11       do.

        12                  Our conference has made a

        13       commitment to what we consider a nine-to-five

        14       agenda.  That is, making sure all the people

        15       that play by the rules, those that work very

        16       hard, have somebody who is prepared to speak

        17       up for them.  Those who will go to that gas

        18       station and say $4 for a gallon of gas is just

        19       much too much, we want to stand up for them.

        20                  Those who say I can't afford to

        21       live in this state anymore because either I'm

        22       being taxed out or the fact that I can't

        23       afford a home -- we want to talk them as well.

        24                  Those that say I can't send my

        25       child to a particular public school and get a


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         1       decent education, we want to speak up for

         2       them.  We want to make sure that they know we

         3       understand their message, we received their

         4       message, and we are going to take care of

         5       their business when we come back.

         6                  We are not finished.  We are not

         7       finished.  Yes, we've gotten a few things

         8       done, but there is a lot more we still have to

         9       do.  The staff on both sides, those of you in

        10       the audience that have advocated for different

        11       issues, please do not leave these chambers

        12       today with a sense of unaccomplishment, with a

        13       sense that we have not done all the business

        14       you have asked us to do, because we will be

        15       back.  We will do more.  We will get more

        16       done.  We will be back with the same

        17       commitment that we had before we got here in

        18       January.

        19                  In closing, let me just say to my

        20       friend, to my Senate mentor -- and I say this

        21       publicly to many of you who do not understand

        22       the relationship that this young man and I

        23       have, Senator Bruno.  He has been a friend to

        24       me, he has been a guiding light to me.  He has

        25       educated me from time to time on certain


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         1       issues.  He has even told me from time to time

         2       whether or not I should listen to Dean Skelos.

         3                  (Laughter.)

         4                  SENATOR SMITH:    However --

         5       careful.  Careful.

         6                  However, I say this with all due

         7       respect to all of you here, I understand,

         8       Senator Bruno, what this institution, the

         9       Senate, means to you.  I understand that your

        10       soul is a part of this institution.  And we

        11       are looking forward to being your partner and

        12       making sure that the people of this state

        13       remember and understand the significance of

        14       this institution.

        15                  This is one of the greatest bodies

        16       in this country.  People around the country

        17       talk about the New York State Senate and how

        18       much esteem comes out of each and every one of

        19       our members.  And I want to thank you for the

        20       aura that you have placed over this body.  It

        21       is clear that it resonates not only through

        22       the state of New York but throughout this

        23       country.

        24                  And I want each and every one of

        25       you to know that as I travel the state,


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         1       whether we are on this side of the aisle or on

         2       that side of the aisle, what is most important

         3       to me is that people recognize that when a

         4       member of this body speaks, we are speaking on

         5       behalf of the people of this state.  The

         6       19 million people need to know, irrespective

         7       of what we do in this chamber, that we have

         8       their best interests at heart.

         9                  And that is why I want to thank you

        10       each for your cooperation during my first

        11       session as Minority leader.  Don't know how

        12       long that will last.  (Pause.)  However, I

        13       want to thank each and every one of you for

        14       your friendship, for your counsel, for all

        15       that you've helped me with.

        16                  To my members, to my family, to our

        17       team, I want to thank you as well.  We've had

        18       our moments, our growing pains.  But I think

        19       all in all this has been a tremendous session.

        20       We've moved some things.  We've got more to

        21       do.  And I look forward, Mr. President, coming

        22       back in a short period of time, when we can

        23       continue the business of the state.

        24                  To the Governor, who I know will be

        25       listening, I thank you for all that you have


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         1       done this session.  We look forward to working

         2       with you.

         3                  We have much more to do.  We have

         4       not completed our calendar.  We have not

         5       completed what we need to do for the people of

         6       this state to let them know we are open for

         7       business and that this is a place where you

         8       raise your family.  But we will be back.

         9                  Thank you very much.

        10                  THE PRESIDENT:    Thank you very

        11       much for those remarks, Senator Smith, and

        12       thank you for your service to the New York

        13       State Senate as Minority leader.

        14                  Now, for closing remarks, the

        15       Majority Leader of the Senate, serving his

        16       13th year, Senator Joseph Bruno.

        17                  SENATOR BRUNO:    Thank you,

        18       Mr. President, Senator Smith, colleagues.

        19                  Senator Smith, in his diligence,

        20       was insisting that we work through tomorrow.

        21       And I really thought he was going to talk us

        22       through to tomorrow.

        23                  (Laughter.)

        24                  SENATOR BRUNO:    But thank you for

        25       your kind observations, your great words.  I


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         1       am proud of you that you are such a quick

         2       study.

         3                  And my conference was murmuring

         4       when you were being so complimentary to me --

         5       I got to tell you, it jeopardizes my

         6       leadership.

         7                  (Laughter.)

         8                  SENATOR BRUNO:    But what you

         9       don't know is that Senator Smith spends a lot

        10       of time in my district, in the great county of

        11       Rensselaer.  He is one of the locals now.  And

        12       I'm always happy to know that we are

        13       comfortable, we are compatible, we are

        14       neighbors.

        15                  And so I thank him for his

        16       friendship and for the good job that he does

        17       as the Minority leader.  He is extremely

        18       representative.

        19                  And when you question how long

        20       you'll hold the job, if we can help it, it

        21       will be forever.

        22                  (Laughter.)

        23                  SENATOR BRUNO:    But,

        24       Mr. President, thank you.  We've always

        25       enjoyed a great, great relationship, you as


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         1       leader here on the floor and now in your

         2       present position.  Thank you for the good work

         3       that you do, and your diligence.

         4                  And I want to say thank you to so

         5       many people, we could literally be here

         6       through the night saying thank you.  You look

         7       around the room, the people that contribute to

         8       all the good things that happen here on behalf

         9       of our constituency.  It happens because of

        10       the hard work, the commitment of the people

        11       that are here.

        12                  I want to especially thank the

        13       Deputy Majority Leader, our floor leader here,

        14       Senator Skelos, who is here constantly and

        15       continually making things happen.

        16                  And, Dean, thank you for doing such

        17       an outstanding job and putting up with the

        18       likes of some of what we have to put up with

        19       generally.

        20                  Now, that was supposed to be funny,

        21       but you didn't hear me.  And I was thinking of

        22       Tom Duane.

        23                  (Laughter.)

        24                  SENATOR BRUNO:    And Tommy,

        25       Senator Libous, and Senator Trunzo, who are


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         1       all part of leadership, Senator Volker,

         2       Senator Padavan.  Who else?  All of the people

         3       that I see here.  And I could mention each and

         4       every one of them by name.

         5                  Senator Johnson, our chair of

         6       Finance, who has committed a large portion of

         7       his life to doing the good work of his

         8       district and the people of this state.

         9                  And, Owen, thank you for friendship

        10       and for all the good things that you do.

        11                  And to all of the Senators, all the

        12       people that are in our conference, those of

        13       you here who really spend so much time, so

        14       much energy, so much that goes on in your

        15       lives, taking time away from your family to do

        16       the kinds of things that you do.  And you do

        17       it just because you're committed to being in

        18       public service.  So thank you, thanks for the

        19       support you give me as a partner.

        20                  And to all of our colleagues here,

        21       really on both sides of the aisle, when we are

        22       legislating, we differ, we debate, we come in

        23       different places sometimes.  But you say it

        24       right when you say that we are in public

        25       service, and that means to all of the people


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         1       of this state.

         2                  And all of us want the very best

         3       things that we can enjoy for our mutual

         4       constituency.  And people don't care whether

         5       they're Republican or Democrat or whatever

         6       party; what they want in this state from us is

         7       a quality of life.  They want results.

         8                  And, you know, all of us together

         9       we started this session.  And, Senator Smith,

        10       you recited a lot of what we did and you

        11       recited a lot of what we didn't do.  And you

        12       recited it extremely well.  And I'm not going

        13       to repeat it.

        14                  But if you think about the way we

        15       started this session, we really had momentum.

        16       We were doing so many great things on behalf

        17       of the people of this state.  And you said it,

        18       with budget reform that we had worked on in

        19       this house for 12 years, with civil

        20       confinement that we had worked on for 10

        21       years.  Ethics and lobby reform that we did in

        22       this house four or five years ago, something

        23       very, very similarly.  Workers' comp, from the

        24       time we did the first bill, we tried to

        25       upgrade it and couldn't.


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         1                  We got all that done.  We got it

         2       done within the first five or six weeks.  So

         3       there was great, great promise here for all

         4       the good things.  And how did we do those?  We

         5       did them as partners, here in this chamber,

         6       with the Assembly, and with the Governor

         7       providing leadership and direction.

         8                  Now, you know, it's sad, but we are

         9       ending the regular session tonight.  It's

        10       June 21st.  And it's kind of sad that when

        11       Senator Smith recited a litany of good work on

        12       behalf of the people of this state, those

        13       things are not being done.  They're not being

        14       done.  Why aren't they being done?

        15                  We passed in this house almost

        16       everything that you mentioned -- from DNA to

        17       protect the innocent and to punish the guilty,

        18       the whole tax cut package to relieve people of

        19       the heavy burden that they bear in this state.

        20       Tax rebates for seniors that we deprived in

        21       the regular budget, $200 million worth.  And

        22       that's for lower-income seniors.  Jobs,

        23       economic development, capital to fund.  Death

        24       penalty for killing a peace officer.  I mean,

        25       they're fair game, it seems, in this state.


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         1                  Why aren't we doing those things?

         2       Why?  We did them in this house.  Why didn't

         3       they make it through the Assembly?  Where was

         4       the leadership of the Governor in these last

         5       few weeks and last month?

         6                  We are where we are here tonight,

         7       and there's very, very important things for

         8       the people of this state that aren't getting

         9       done because this Governor obsessed about

        10       campaign finance reform.

        11                  And what does that mean?  What does

        12       that mean to people who are struggling to keep

        13       a child in college, praying that their

        14       children can find a job here when they finish

        15       their education, praying that they won't move

        16       to Carolina or Texas or Florida or California.

        17                  Seniors who have to go into

        18       assisted living, nursing homes, because they

        19       can't stay in their homes because we are, by

        20       far, the highest-taxed people in properties in

        21       the whole United States.  And we still,

        22       per capita, are the highest-taxed in the

        23       United States.

        24                  Why can't we get that kind of

        25       relief?  Why can't we?  Because our Governor,


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         1       who is our leader here, our partner, who

         2       started this session with the momentum, doing

         3       a budget that returned a billion, 300 million

         4       dollars to the property taxpayers, set a

         5       record for education -- a billion-eight, a

         6       record, 21-plus-billion going into education.

         7       We fixed healthcare here in this house.  We

         8       did a lot of these things.

         9                  Now, I don't take any pleasure in

        10       standing here with my colleagues saying that

        11       we have left a lot of the people's business

        12       undone.  And Senator Smith, you are right.

        13       You recited many, many of the things -- and I

        14       have two pages worth that I'm not going to

        15       review.

        16                  But let me just share with you,

        17       we're still here, we're elected to serve

        18       through December 31st of '08.  And we shall

        19       return.  Senator Smith wanted to stay through

        20       the night and through tomorrow.  How are you

        21       fixed for Monday?  You all right?  Okay, good.

        22       We will have to return, because we do have all

        23       of this unfinished business.

        24                  Now, what I'm saying really is

        25       intended to engage this Governor in a positive


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         1       way, not a negative way, to engage this

         2       Governor in what is really important on behalf

         3       of the people of this state.

         4                  And if you ask people about

         5       priorities -- do I want to be protected, do I

         6       want to be able to support my family, can I

         7       pay my taxes, can I pay my tuition -- that's

         8       what the people want from us.  They want help.

         9                  And you go ask anybody out on the

        10       street, Do you know what the finance laws, the

        11       campaign finance laws are?  When you get up in

        12       the morning, do you wonder if your Senator is

        13       going to pass a campaign finance reform bill?

        14       Is that how people go to sleep at night in

        15       this state and wake up in the morning?  I

        16       don't think so.

        17                  Now, why can't a bright,

        18       articulate, intelligent chief executive

        19       understand that?  I talked with him I don't

        20       know how many times today, talked with him

        21       this morning, talked with him yesterday,

        22       talked with him Monday.  And each conversation

        23       almost began and ended with:  You have to do

        24       campaign finance reform or nothing else

        25       happens.  We don't fund jobs, we don't fund a


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         1       lot of the things that need to be funded, we

         2       don't do that.

         3                  And I said, We will try, but I

         4       don't believe we can get there.  We couldn't

         5       get there in five months.  How are we going to

         6       get there in a few hours or a few days?

         7                  Now, I'm sharing this with you

         8       because, Senator Smith, you were relating

         9       things we haven't done.  And I am sharing with

        10       you that we've done them, most of them have

        11       been done in this house.  And why aren't they

        12       done on behalf of the people of this state?

        13       Because people are preoccupied with one issue,

        14       campaign finance reform.

        15                  Now, I'm not going to go on and on

        16       and on.  But what I have said is that is an

        17       issue that we will debate in any forum, any

        18       place, with this Governor at any time.

        19       Because we feel that freedom of expression and

        20       the freedom of speech is guaranteed by our

        21       Constitution, and that means that people can

        22       step up and support whomever they want as long

        23       as they do it in an accountable way with

        24       transparency.

        25                  That's what America is all about,


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         1       is freedom of expression.  You ought to be

         2       able to support people you want to, work

         3       against and financially support people that

         4       you don't want to see, their opponents.

         5       That's what it's all about.

         6                  So we are going to return.  We're

         7       going to try and do the congestion pricing for

         8       the city.  We're going to try and get that

         9       done.  Why?  Because it's the right thing to

        10       do.  Now, how do you do it?  It's very

        11       troublesome, it's very difficult, like a lot

        12       of good things.

        13                  But I have to applaud this Mayor

        14       for his vision, for his creativity, for his

        15       leadership, for stepping up.  And we do have a

        16       deadline that the feds, the Undersecretary of

        17       Transportation confirmed, of July 16th.  This

        18       is a billion-one, billion-two.  Five hundred

        19       million potentially can go to New York City if

        20       we do it right.  And they're very interested

        21       in making that happen.

        22                  So I share these thoughts with you.

        23       And I have the privilege of having the last

        24       word.  And I know there's some people there

        25       just dying to get up and answer me.  But


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         1       please save it.  Okay?  And remember it.  Make

         2       some notes.  And we will have an opportunity

         3       to continue our discussion and our

         4       relationship.

         5                  I want to thank Mike Avella, our

         6       chief counsel; Jeff Lovell, our budget

         7       analyst; Steve Boggess, our Secretary to the

         8       Senate, everybody that has been involved.

         9       John McArdle, our director of communications.

        10                  And you know, when you look around,

        11       you start thanking people, you can go on

        12       indefinitely, but I thank you all.  Because

        13       without you being here, many times days,

        14       nights, weekends, we just don't function.  So

        15       I really, sincerely thank you.

        16                  Amy Leitch in my office, my

        17       executive assistant, and Smitty, who assists

        18       her.  They're just here and they're just

        19       working and they just do whatever it takes.

        20       And everyone else that is here.  And I just

        21       thank you for from the bottom of my heart.

        22                  And when Senator Smith talks about

        23       this being part of my life, you are right.

        24       What happens here in the Senate on behalf of

        25       the people -- and I understand the dynamic of


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         1       partnering.  Believe me, I've committed --

         2       this is the 31st year of my life, my adult

         3       life with many of you here and many of you

         4       that weren't here when we started.

         5                  And I thank you.  I thank you for

         6       being adversarial, I thank you for being

         7       productive, I thank you for being

         8       constructive.  And I especially, especially

         9       thank my conference for bearing with me

        10       through trials and tribulations and being

        11       there and being supportive, and this great

        12       team that we have here and many others that

        13       can't be here.

        14                  Present intent will be to get back

        15       here sometime in July, to hopefully negotiate

        16       some of the things that are undone, and come

        17       back in a productive, constructive way.

        18       Partnering with the Governor, respecting his

        19       leadership, respecting our relationship here,

        20       and the Assembly, and recognizing that

        21       together we get a lot of great things done and

        22       apart we just don't make it happen.

        23                  So looking forward and looking

        24       upward and looking onward.  I want you to be

        25       safe through this weekend until we get back


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         1       together.  And we'll have good thoughts for

         2       each other, everybody.

         3                  And I am being reminded, by way of

         4       I may talk us past midnight -- but I will try

         5       not to -- and would ask that we recommit any

         6       of the bills that are outstanding and on the

         7       calendar to Rules.

         8                  And will suggest that there being

         9       no further business to come before the Senate,

        10       that we stand adjourned, subject to the call

        11       of the Majority Leader, and intervening days

        12       to be legislative days.

        13                  Thank you all, and God bless you.

        14                  (Extended applause.)

        15                  THE PRESIDENT:    All outstanding

        16       bill are recommitted to the Rules Committee.

        17                  The Senate is adjourned subject to

        18       the call of the Majority Leader, all

        19       intervening days to be legislative.

        20                  Senate adjourned.

        21                  (Whereupon, at 10:01 p.m., the

        22       Senate adjourned.)

        23

        24

        25


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