Regular Session - June 5, 2008
2718
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 5, 2008
11 11:02 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR GEORGE H. WINNER, JR., Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT WINNER: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT WINNER: In the
10 absence of clergy, may we bow our heads in a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT WINNER: The
15 reading of the Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, June 4, the Senate met pursuant to
18 adjournment. The Journal of Tuesday, June 3,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT WINNER: 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 Leibell.
8 SENATOR LEIBELL: Thank you,
9 Mr. President.
10 I move to recommit Senate Print
11 Number 7565, Calendar Number 1199 on the order
12 of third reading, to the Committee on
13 Transportation, with instructions to said
14 committee to strike out the enacting clause.
15 ACTING PRESIDENT WINNER: So
16 ordered.
17 Senator Leibell.
18 SENATOR LEIBELL: Mr. President,
19 on behalf of Senator Farley, I wish to call up
20 Senate Print Number 902A, recalled from the
21 Assembly, which is now at the desk.
22 ACTING PRESIDENT WINNER: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 44, by Senator Farley, Senate Print 902A, an
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1 act to amend the Public Health Law.
2 SENATOR LEIBELL: Mr. President,
3 I now move to reconsider the vote by which
4 this bill was passed.
5 ACTING PRESIDENT WINNER: Call
6 the roll on reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 42.
9 SENATOR LEIBELL: Mr. President,
10 I now offer the following amendments.
11 ACTING PRESIDENT WINNER: The
12 amendments are received and adopted.
13 Senator Leibell.
14 SENATOR LEIBELL: Mr. President,
15 on behalf of Senator Bonacic, please place a
16 sponsor's star on Calendar Numbers 929, 930,
17 and 931.
18 ACTING PRESIDENT WINNER: So
19 ordered.
20 Senator Leibell.
21 SENATOR LEIBELL: Mr. President,
22 amendments are offered to the following Third
23 Reading Calendar bills:
24 By Senator Fuschillo, page 15,
25 Calendar Number 368, Senate Print 5045;
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1 Senator Lanza, page number 21,
2 Calendar Number 555, Senate Print 2173A;
3 Senator LaValle, page 62, Calendar
4 Number 1390, Senate Print Number 6847;
5 Senator Farley, page 69, Calendar
6 Number 1504, Senate Print Number 7721A;
7 Senator Marcellino, page 65,
8 Calendar Number 1439, Senate Print Number
9 6944;
10 And Senator Marcellino, page 65,
11 Calendar Number 1440, Senate Print Number
12 6945.
13 I now move that these bills retain
14 their place on the order of third reading.
15 ACTING PRESIDENT WINNER: The
16 amendments are received and adopted, and the
17 bills shall retain their place on the Third
18 Reading Calendar.
19 Senator Duane.
20 SENATOR DUANE: Thank you,
21 Mr. President.
22 On behalf of Senator Stachowski, on
23 page 51 I offer the following amendments to
24 Calendar Number 1243, Senate Print Number
25 2803, and ask that said bill retain its place
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1 on Third Reading Calendar.
2 ACTING PRESIDENT WINNER: The
3 amendments are received and adopted, and the
4 bill will retain its place on the Third
5 Reading Calendar.
6 SENATOR DUANE: Thank you,
7 Mr. President.
8 And on behalf of Senator Adams, I
9 move that the following bill be discharged
10 from its committee and be recommitted with
11 instructions to strike the enacting clause:
12 Senate Number 7041.
13 ACTING PRESIDENT WINNER: So
14 ordered.
15 SENATOR DUANE: Thank you,
16 Mr. President.
17 ACTING PRESIDENT WINNER: Thank
18 you.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President, I
21 believe there are substitutions at the desk.
22 If we could make them at this time.
23 ACTING PRESIDENT WINNER: The
24 Secretary will read.
25 THE SECRETARY: On page 25,
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1 Senator Bonacic moves to discharge, from the
2 Committee on Housing, Construction and
3 Community Development, Assembly Bill Number
4 7001 and substitute it for the identical
5 Senate Bill Number 7053, Third Reading
6 Calendar 677.
7 On page 34, Senator Volker moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 2891A and substitute it
10 for the identical Senate Bill Number 1653A,
11 Third Reading Calendar 905.
12 On page 61, Senator LaValle moves
13 to discharge, from the Committee on Codes,
14 Assembly Bill Number 9844 and substitute it
15 for the identical Senate Bill Number 6841,
16 Third Reading Calendar 1389.
17 And on page 68, Senator Volker
18 moves to discharge, from the Committee on
19 Rules, Assembly Bill Number 10167 and
20 substitute it for the identical Senate Bill
21 Number 7026, Third Reading Calendar 1490.
22 ACTING PRESIDENT WINNER:
23 Substitutions ordered.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
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1 if we could adopt the Resolution Calendar,
2 with the exception of Resolutions 6175, 6322,
3 and 6349.
4 ACTING PRESIDENT WINNER: All in
5 favor of adopting the Resolution Calendar,
6 with the exception of resolutions 6175, 6322,
7 and 6349, signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT WINNER:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT WINNER: The
13 Resolution Calendar is adopted.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 Resolution 6175 is at the desk. It's by
17 Senator Lanza. If we could have the title
18 read, move for its immediate adoption, and
19 open it up for cosponsorship.
20 ACTING PRESIDENT WINNER: The
21 Secretary will read.
22 THE SECRETARY: By Senator Lanza,
23 Legislative Resolution Number 6175,
24 memorializing Governor David A. Paterson to
25 proclaim May 15 through June 15, 2008, as
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1 Tourette Syndrome Awareness Month in the State
2 of New York.
3 ACTING PRESIDENT WINNER: The
4 question is on the resolution. All those in
5 favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT WINNER:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT WINNER: The
11 resolution is adopted.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 Resolution 6322, by Senator Leibell, is at the
15 desk. If we could have the title read, move
16 for its immediate adoption, and open it up for
17 cosponsorship.
18 ACTING PRESIDENT WINNER: The
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Leibell, Legislative Resolution Number 6322,
22 memorializing Governor David A. Paterson to
23 proclaim September 2008 as Armed Services
24 Vocational Aptitude Battery Career Exploration
25 Month in the State of New York.
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1 ACTING PRESIDENT WINNER: The
2 question is on the resolution. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT WINNER:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT WINNER: The
9 resolution is adopted.
10 This resolution as well, as the
11 prior resolution, is open for sponsorship from
12 all the members. Anyone who does not wish to
13 be a cosponsor should notify the desk.
14 Senator Skelos.
15 SENATOR SKELOS: Thank you,
16 Mr. President.
17 Resolution 6349, by Senator Robach,
18 is at the desk. If we could have the title
19 read, move for its immediate adoption, and
20 open it up for cosponsorship.
21 ACTING PRESIDENT WINNER: The
22 Secretary will read.
23 THE SECRETARY: By Senator
24 Robach, Legislative Resolution Number 6349,
25 memorializing Governor David A. Paterson to
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1 proclaim June 2008 as Teen Work Safety Month
2 in the State of New York.
3 ACTING PRESIDENT WINNER: The
4 question is on the resolution. All in favor
5 signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT WINNER:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT WINNER: The
11 resolution is adopted.
12 And the resolution is open for
13 sponsorship from all members. If you do not
14 wish to be a cosponsor, you should notify the
15 desk.
16 Senator Skelos.
17 SENATOR SKELOS: There will be an
18 immediate meeting of the Rules Committee in
19 the Majority Conference Room.
20 ACTING PRESIDENT WINNER: There
21 will be an immediate meeting of the Rules
22 Committee in the Majority Conference Room.
23 The Senate stands in recess until
24 the meeting is concluded.
25 (Whereupon, the Senate stood at
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1 ease at 11:10 a.m.)
2 (Whereupon, the Senate reconvened
3 at 11:17 a.m.)
4 ACTING PRESIDENT WINNER: Senator
5 Skelos.
6 SENATOR SKELOS: Mr. President,
7 if we could go to the noncontroversial reading
8 of the calendar.
9 ACTING PRESIDENT WINNER: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 167, by Senator Fuschillo, Senate Print 4442,
13 an act to amend the General Business Law, in
14 relation to itinerant vendors.
15 ACTING PRESIDENT WINNER: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 48.
23 ACTING PRESIDENT WINNER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 195, by Senator Hannon, Senate Print 5015, an
2 act to amend the Public Health Law and the
3 Vehicle and Traffic Law, in relation to
4 biennial examinations.
5 ACTING PRESIDENT WINNER: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT WINNER: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 49.
13 ACTING PRESIDENT WINNER: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 672, by Senator C. Kruger, Senate Print 1181,
17 an act to amend the Private Housing Finance
18 Law, in relation to exclusion.
19 ACTING PRESIDENT WINNER: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of August.
23 ACTING PRESIDENT WINNER: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 50.
2 ACTING PRESIDENT WINNER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 677, substituted earlier by Member of the
6 Assembly Lopez, Assembly Print Number 7001, an
7 act to amend the Private Housing Finance Law,
8 in relation to urban initiative contracts.
9 ACTING PRESIDENT WINNER: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT WINNER: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 50.
17 ACTING PRESIDENT WINNER: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 905, substituted earlier today by Member of
21 the Assembly Lentol, Assembly Print Number
22 2891A, an act to amend the Executive Law, in
23 relation to instructional video.
24 ACTING PRESIDENT WINNER: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT WINNER: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 51.
7 ACTING PRESIDENT WINNER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 693, by Senator Skelos, Senate Print 962B, an
11 act to amend the Public Officers Law and the
12 Civil Practice Law and Rules, in relation to
13 provision.
14 ACTING PRESIDENT WINNER: Read
15 the last section.
16 THE SECRETARY: Section 8. This
17 act shall take effect on the 30th day.
18 ACTING PRESIDENT WINNER: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 51.
22 ACTING PRESIDENT WINNER: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 694, by Senator LaValle, Senate Print 5635A,
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1 an act to amend the Alcoholic Beverage Control
2 Law, in relation to authorizing issuance.
3 ACTING PRESIDENT WINNER: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT WINNER: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 51.
11 ACTING PRESIDENT WINNER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1036, by Senator Libous, Senate Print 7646A,
15 an act to authorize the Chenango Valley
16 Central School District to finance a deficit.
17 ACTING PRESIDENT WINNER: Read
18 the last section.
19 THE SECRETARY: Section 8. This
20 act shall take effect immediately.
21 ACTING PRESIDENT WINNER: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 51.
25 ACTING PRESIDENT WINNER: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1037, by Senator Saland, Senate Print 7652, an
4 act to legalize, validate, ratify and confirm
5 certain transportation contracts.
6 ACTING PRESIDENT WINNER: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT WINNER: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 51.
14 ACTING PRESIDENT WINNER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1081, by Senator Skelos, Senate Print 7254, an
18 act to amend Chapter 676 of the Laws of 1978,
19 amending the Town Law.
20 ACTING PRESIDENT WINNER: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT WINNER: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 51.
3 ACTING PRESIDENT WINNER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1099, by Senator Morahan, Senate Print 8047A,
7 an act to amend the Mental Hygiene Law, in
8 relation to training of boards of directors.
9 ACTING PRESIDENT WINNER: Read
10 the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the 90th day.
13 ACTING PRESIDENT WINNER: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 51.
17 ACTING PRESIDENT WINNER: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1311, by Senator Winner, Senate Print 7124A,
21 an act to amend the Education Law, in relation
22 to the New York State Center for Rural
23 Schools.
24 ACTING PRESIDENT WINNER: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT WINNER: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 51.
7 ACTING PRESIDENT WINNER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1352, by Senator Little, Senate Print 7657, an
11 act to amend the Tax Law, in relation to
12 authorizing the County of Warren.
13 ACTING PRESIDENT WINNER: A local
14 fiscal impact notice is at the desk.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT WINNER: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 51.
22 ACTING PRESIDENT WINNER: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1374, by Senator Saland, Senate Print 1651, an
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1 act to amend the Penal Law, in relation to
2 identity theft.
3 ACTING PRESIDENT WINNER: Read
4 the last section.
5 THE SECRETARY: Section 5. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT WINNER: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 51.
12 ACTING PRESIDENT WINNER: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1389, substituted earlier today by Member of
16 the Assembly Thiele, Assembly Print Number
17 9844, an act to amend the Criminal Procedure
18 Law, in relation to granting peace officer
19 status.
20 ACTING PRESIDENT WINNER: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT WINNER: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 49. Nays,
3 2. Senators Duane and L. Krueger recorded in
4 the negative.
5 ACTING PRESIDENT WINNER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1406, by Senator Padavan, Senate Print 8201A,
9 an act to amend the Penal Law, in relation to
10 the creation of the Piracy Protection Act.
11 ACTING PRESIDENT WINNER: Read
12 the last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect on the 60th day.
15 ACTING PRESIDENT WINNER: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT WINNER: Senator
19 Padavan, to explain his vote.
20 SENATOR PADAVAN: Yes, thank you,
21 Mr. President. Very briefly.
22 I want to point out to those here
23 assembled that this issue is very, very
24 important to the City of New York and the
25 State of New York.
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1 The total amount of revenue lost
2 annually as a result of piracy is in excess of
3 $20 billion, much of that in the State of
4 New York, where the motion picture industry
5 has grown significantly, contributing not only
6 jobs but income at all levels -- not just in
7 the theaters, not just in the studios, but in
8 a whole myriad of areas that produce revenues
9 that we need to function properly.
10 And piracy has been a way of
11 avoiding that income on the part of those who
12 capitalize on this activity.
13 For the last two sessions we passed
14 a bill sponsored by Senator Volker that did
15 very much of what this bill today does. Now
16 we have the imprimatur of the Attorney General
17 Andrew Cuomo, who has gotten behind this in a
18 very significant way, and I'm hopeful that
19 we'll pass this bill now in both houses and
20 make it law.
21 I vote aye.
22 ACTING PRESIDENT WINNER: Senator
23 Padavan will be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 51. Nays,
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1 1. Senator Parker recorded in the negative.
2 ACTING PRESIDENT WINNER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1434, by Senator LaValle, Senate Print 8068A,
6 an act in relation to the calculation of aid
7 apportioned.
8 ACTING PRESIDENT WINNER: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect July 1, 2008.
12 ACTING PRESIDENT WINNER: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 52.
16 ACTING PRESIDENT WINNER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1490, substituted earlier today by Member of
20 the Assembly Schimminger, Assembly Print
21 Number 10167, an act to amend the Erie County
22 Tax Act, in relation to changing dates.
23 ACTING PRESIDENT WINNER: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect September 1, 2008.
2 ACTING PRESIDENT WINNER: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 52.
6 ACTING PRESIDENT WINNER: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1507, by Senator Flanagan, Senate Print 7954A,
10 an act relating to large capital projects to
11 be financed.
12 ACTING PRESIDENT WINNER: Read
13 the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT WINNER: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT WINNER: Senator
20 Flanagan, to explain his vote.
21 SENATOR FLANAGAN: Thank you,
22 Mr. President. Briefly to explain my vote.
23 I think this is a very important
24 piece of legislation because there are a lot
25 of issues affecting the State of New York and
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1 economic development in the City of New York,
2 or frankly the lack thereof, is something that
3 we have not dealt with properly.
4 We've had a lot of frustration and
5 consternation in terms of getting information
6 from Empire State Development, simple things
7 like their organizational chart, what's going
8 on with major projects all across the State of
9 New York, and particularly in New York City.
10 This puts their feet to the fire.
11 It's something we shouldn't have to do,
12 frankly, but we need this information so we
13 can actually come up with some real plans
14 about where we're going, not only for the city
15 but for the State of New York.
16 Thank you.
17 ACTING PRESIDENT WINNER: Senator
18 Flanagan will be recorded in the affirmative.
19 Senator Montgomery, to explain her
20 vote.
21 SENATOR MONTGOMERY: Yes,
22 Mr. President. I rise to thank Senator
23 Flanagan for this legislation. I agree with
24 him wholeheartedly, this is extremely
25 important.
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1 And I'm sure that when I return to
2 my district, the people in my district are
3 going to be very anxious to write to Senator
4 Flanagan to thank him for this legislation,
5 because he has included, among all of the
6 other projects going on in the city, the
7 Atlantic Yards development.
8 And as you know and as Senator
9 Flanagan probably understands is that we've
10 been trying to get information and to have
11 access to information that will allow us to be
12 able to evaluate just exactly what this
13 project is going to mean or not mean to the
14 people in my district.
15 So, Senator Flanagan, thank you.
16 And I look forward to this legislation passing
17 and being signed into law so that we have
18 access to the very information that you are
19 requiring in the bill.
20 Thank you. I vote aye.
21 ACTING PRESIDENT WINNER: Senator
22 Montgomery will be recorded in the
23 affirmative.
24 The Secretary will announce the
25 results.
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1 THE SECRETARY: Ayes, 53. Nays,
2 0.
3 ACTING PRESIDENT WINNER: The
4 bill is passed.
5 Senator Volker, that completes the
6 reading of the noncontroversial calendar.
7 SENATOR VOLKER: Thank you,
8 Mr. President.
9 There is no controversial; right?
10 ACTING PRESIDENT WINNER: There
11 are no bills that were laid aside, Senator
12 Volker.
13 SENATOR VOLKER: Fine, thank you.
14 Is there a Rules report at the
15 desk?
16 ACTING PRESIDENT WINNER: The
17 Secretary will read.
18 THE SECRETARY: Senator Bruno,
19 from the Committee on Rules, reports the
20 following bills:
21 Senate Print 8311A, by Senator
22 DeFrancisco, an act in relation to terms and
23 conditions;
24 767, by Senator Diaz, an act to
25 amend the Executive Law and the Agriculture
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1 and Markets Law;
2 1578, by Senator O. Johnson, an act
3 to amend the County Law;
4 4612A; by Senator Marcellino, an
5 act to authorize;
6 5539, by Senator Skelos, an act to
7 authorize;
8 6261, by Senator Larkin, an act to
9 amend the Civil Service Law;
10 6786, by Senator Fuschillo, an act
11 to authorize;
12 6891, by Senator Young, an act to
13 amend the Criminal Procedure Law;
14 6916, by Senator Larkin, an act to
15 amend the Real Property Tax Law;
16 7588, by Senator Little, an act to
17 authorize;
18 8106, by Senator Flanagan, an act
19 to amend the Criminal Procedure Law;
20 8205, by Senator Volker, an act to
21 amend the Criminal Procedure Law;
22 8343, by Senator Seward, an act
23 authorizing;
24 8360, by Senator LaValle, an act
25 implementing an agreement;
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1 And Senate Print 8373, by Senator
2 Farley, an act to amend the Civil Service Law.
3 All bills ordered direct to third
4 reading.
5 ACTING PRESIDENT WINNER: Senator
6 Volker.
7 SENATOR VOLKER: Move to accept
8 the Rules report.
9 ACTING PRESIDENT WINNER: All
10 those in favor of accepting the Rules report
11 signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT WINNER:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT WINNER: The
17 Rules report is accepted.
18 Senator Volker.
19 SENATOR VOLKER: Take up the
20 noncontroversial calendar on the Rules report,
21 please.
22 ACTING PRESIDENT WINNER: The
23 Secretary will read the supplemental Rules
24 report calendar, noncontroversial.
25 THE SECRETARY: Calendar Number
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1 1538, by Senator Diaz, Senate Print 767, an
2 act to amend the Executive Law and the
3 Agriculture and Markets Law, in relation to
4 making victims.
5 ACTING PRESIDENT WINNER: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT WINNER: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 54.
13 ACTING PRESIDENT WINNER: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1539, by Senator O. Johnson, Senate Print
17 1578, an act to amend the County Law, in
18 relation to establishing.
19 ACTING PRESIDENT WINNER: Read
20 the last section.
21 THE SECRETARY: Section 7. This
22 act shall take effect on the 30th day.
23 ACTING PRESIDENT WINNER: Call
24 the roll.
25 (The Secretary called the roll.)
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2748
1 THE SECRETARY: Ayes, 54.
2 ACTING PRESIDENT WINNER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1540, by Senator Marcellino, Senate Print
6 4612A, an act to authorize the Incorporated
7 Village of Muttontown to file an application.
8 ACTING PRESIDENT WINNER: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT WINNER: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 54.
16 ACTING PRESIDENT WINNER: May we
17 have some quiet in the chamber, please.
18 The bill is passed.
19 THE SECRETARY: Calendar Number
20 1541, by Senator Skelos, Senate Print 5539, an
21 act to authorize Young Israel of Hewlett to
22 file applications.
23 ACTING PRESIDENT WINNER: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT WINNER: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 51. Nays,
6 3. Senators Bonacic, Larkin and Rath recorded
7 in the negative.
8 ACTING PRESIDENT WINNER: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1542, by Senator Larkin, Senate Print 6261, an
12 act to amend the Civil Service Law, in
13 relation to designating the office of
14 commissioner of parks, recreation and
15 conservation.
16 ACTING PRESIDENT WINNER: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT WINNER: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 54.
24 ACTING PRESIDENT WINNER: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1543, by Senator Fuschillo, Senate Print 6786,
3 an act to authorize the Village of Amityville
4 to file applications.
5 ACTING PRESIDENT WINNER: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT WINNER: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 51. Nays,
13 3. Senators Bonacic, Larkin and Rath recorded
14 in the negative.
15 ACTING PRESIDENT WINNER: The
16 bill is passed.
17 THE SECRETARY: In relation to
18 Calendar Number 1544, Senator Young moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 9889 and substitute it
21 for the identical Senate Bill Number 6891,
22 Third Reading Calendar 1544.
23 ACTING PRESIDENT WINNER:
24 Substitution ordered.
25 The Secretary will read.
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2751
1 THE SECRETARY: Calendar Number
2 1544, by Member of the Assembly Giglio,
3 Assembly Print Number 9889, an act to amend
4 the Criminal Procedure Law.
5 ACTING PRESIDENT WINNER: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT WINNER: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT WINNER:
13 Announce the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 1544 are
16 Senators Duane, Hassell-Thompson and
17 L. Krueger.
18 Ayes, 51. Nays, 3.
19 ACTING PRESIDENT WINNER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1545, by Senator Larkin, Senate Print 6916, an
23 act to amend the Real Property Tax Law, in
24 relation to real property tax exemption.
25 ACTING PRESIDENT WINNER: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT WINNER: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 54.
8 ACTING PRESIDENT WINNER: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1547, by Senator Little, Senate Print 7588, an
12 act to authorize the Town of Newcomb, in the
13 County of Essex.
14 ACTING PRESIDENT WINNER: 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 WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 54.
23 ACTING PRESIDENT WINNER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1548, by Senator Flanagan, Senate Print 8106,
2 an act to amend the Criminal Procedure Law, in
3 relation to designating uniformed officers.
4 ACTING PRESIDENT WINNER: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT WINNER: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 1548 are
13 Senators Duane and L. Krueger.
14 Ayes, 52. Nays, 2.
15 ACTING PRESIDENT WINNER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1549, by Senator Volker, Senate Print 8205, an
19 act to amend the Criminal Procedure Law, in
20 relation to designating security officers.
21 ACTING PRESIDENT WINNER: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT WINNER: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 1549 are
5 Senators Duane and L. Krueger.
6 Ayes, 52. Nays, 2.
7 ACTING PRESIDENT WINNER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1551, by Senator LaValle, Senate Print 8360,
11 an act implementing an agreement between the
12 state and an employee organization.
13 ACTING PRESIDENT WINNER: Read
14 the last section.
15 THE SECRETARY: Section 17. This
16 act shall take effect immediately.
17 ACTING PRESIDENT WINNER: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 54.
21 ACTING PRESIDENT WINNER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1552, by Senator Farley, Senate Print 8373, an
25 act to amend the Civil Service Law, in
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1 relation to compensation.
2 ACTING PRESIDENT WINNER: Read
3 the last section.
4 THE SECRETARY: Section 18. This
5 act shall take effect immediately.
6 ACTING PRESIDENT WINNER: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT WINNER: Senator
10 Farley, to explain his vote.
11 SENATOR FARLEY: Thank you very
12 much, Mr. President.
13 This is a significant bill. It
14 allows the Public Employees Federation to --
15 it implements their contract, 58,000
16 employees, many of whom are mine and yours,
17 that will -- as far as the bargaining unit, it
18 allows them to get paid and puts their
19 contract in place. So it's a significant
20 piece of legislation that has to be done.
21 Thank you, Mr. President. I vote
22 aye.
23 ACTING PRESIDENT WINNER: Senator
24 Farley will be recorded in the affirmative.
25 Announce the results.
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1 THE SECRETARY: Ayes, 54. Nays,
2 0.
3 ACTING PRESIDENT WINNER: The
4 bill is passed.
5 Senator Volker.
6 SENATOR VOLKER: Mr. President,
7 we have, I believe, passed all the bills that
8 we can pass today. Because there's two bills
9 on the calendar that are high, and we don't
10 have messages of necessity.
11 So what we plan on doing is
12 recessing now to go and do another Rules
13 report. But the Rules report will be for next
14 week; it will not be for today.
15 So we're going to recess for Rules
16 and then come back and adjourn.
17 ACTING PRESIDENT WINNER: The
18 Senate will stand in recess, and there will be
19 an immediate Rules Committee meeting in the
20 Majority Conference Room.
21 First, Senator Farley has a motion.
22 SENATOR FARLEY: Before we
23 recess, I do have a motion, Mr. President.
24 On behalf of Senator Maltese, I
25 wish to call up his bill, which is Print
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1 Number 3003, it's recalled from the Assembly,
2 and it's now at the desk.
3 ACTING PRESIDENT WINNER: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1236, by Senator Maltese, Senate Print 3003,
7 an act to amend the Education Law.
8 SENATOR FARLEY: Mr. President, I
9 now move to reconsider the vote by which this
10 bill passed, and I ask that the bill be
11 restored to the order of third reading.
12 ACTING PRESIDENT WINNER: Call
13 the roll on reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 54.
16 SENATOR FARLEY: Mr. President, I
17 now move to recommit Senate Print Number 3003,
18 Calendar Number 1236 on the order of third
19 reading, to the Committee on Higher Education,
20 with instructions to that committee to strike
21 the enacting clause.
22 ACTING PRESIDENT WINNER: So
23 ordered.
24 SENATOR FARLEY: Sounds rather
25 final.
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1 Thank you, Mr. President.
2 ACTING PRESIDENT WINNER: The
3 Senate stands in recess.
4 (Whereupon, the Senate stood at
5 ease at 11:40 a.m.)
6 (Whereupon, the Senate reconvened
7 at 12:02 p.m.)
8 ACTING PRESIDENT LITTLE: The
9 Senate will come to order.
10 Senator Volker.
11 SENATOR VOLKER: Thank you, Madam
12 President.
13 Would you return to the reports of
14 standing committees for the Rules report.
15 ACTING PRESIDENT LITTLE: Reports
16 of standing committees.
17 The Secretary will read.
18 THE SECRETARY: Senator Bruno,
19 from the Committee on Rules, reports the
20 following bills:
21 Senate Print 64, by Senator
22 Padavan, an act to amend the County Law and
23 others;
24 425B, by Senator Larkin, an act to
25 amend the Tax Law;
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1 456, by Senator Golden, an act to
2 amend the Executive Law;
3 525A, by Senator Saland, an act to
4 amend the State Finance Law;
5 589, by Senator Nozzolio, an act to
6 amend the Executive Law;
7 613, by Senator Marcellino, an act
8 to amend the Vehicle and Traffic Law;
9 1475, by Senator Morahan, an act
10 authorizing;
11 1697, by Senator Robach, an act to
12 amend the Penal Law;
13 1970, by Senator Volker, an act to
14 amend the Civil Practice Law and Rules;
15 2060, by Senator DeFrancisco, an
16 act to amend the Tax Law;
17 2153, by Senator Libous, an act to
18 amend the State Finance Law;
19 2179A, by Senator Seward, an act to
20 amend the Tax Law;
21 2438, by Senator Smith, an act to
22 amend the Penal Law;
23 2677, by Senator Volker, an act to
24 amend the Civil Practice Law and Rules;
25 2744, by Senator Farley, an act to
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1 amend the Penal Law;
2 3019B, by Senator Seward, an act to
3 amend the Insurance Law;
4 3101, by Senator Maziarz, an act to
5 amend the Mental Hygiene Law;
6 3238B, by Senator Winner, an act to
7 amend the Tax Law;
8 3430, by Senator Skelos, an act to
9 amend the Tax Law;
10 3654A, by Senator Leibell, an act
11 to amend the Military Law;
12 3683A, by Senator DeFrancisco, an
13 act to amend the Vehicle and Traffic Law;
14 4340, by Senator Alesi, an act to
15 amend the Penal Law;
16 4717A, by Senator Marcellino, an
17 act authorizing;
18 4735, by Senator LaValle, an act to
19 amend the Vehicle and Traffic Law;
20 4903, by Senator Young, an act to
21 amend the Labor Law;
22 4932, by Senator Griffo, an act to
23 amend the Penal Law;
24 5298A, by Senator Bonacic, an act
25 to amend the General Municipal Law;
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1 5567A, by Senator Golden, an act to
2 amend the Executive Law;
3 And Senate Print 6868, by Senator
4 Trunzo, an act to amend the Penal Law.
5 All bills ordered direct to third
6 reading.
7 ACTING PRESIDENT LITTLE: Senator
8 Volker.
9 SENATOR VOLKER: Move to accept
10 the report of the Rules Committee.
11 ACTING PRESIDENT LITTLE: Thank
12 you.
13 All in favor of accepting the
14 report of the Rules Committee signify by
15 saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT LITTLE:
18 Opposed, nay.
19 (No response.)
20 ACTING PRESIDENT LITTLE: The
21 Rules report is accepted.
22 Senator Volker.
23 SENATOR VOLKER: Is there any
24 further business at the desk?
25 ACTING PRESIDENT LITTLE: No,
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1 there is not, Senator.
2 SENATOR VOLKER: Then I move that
3 we adjourn until Tuesday, June 10th, at
4 3:00 p.m., intervening days being legislative
5 days.
6 And, people, don't come back on
7 Monday, because we won't be here. Okay?
8 ACTING PRESIDENT LITTLE: Thank
9 you.
10 On motion, the Senate stands
11 adjourned until Tuesday, June 10th, at
12 3:00 p.m., intervening days being legislative
13 days.
14 (Whereupon, at 12:05 p.m., the
15 Senate adjourned.)
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