Regular Session - June 16, 2008
3386
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 16, 2008
11 3:17 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to 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 we all bow our
11 heads in silence, in remembrance of a great
12 New Yorker, Tim Russert, who passed away last
13 week.
14 (Whereupon, the assemblage
15 respected a moment of silence.)
16 ACTING PRESIDENT GRIFFO: Reading
17 of the Journal.
18 THE SECRETARY: In Senate,
19 Sunday, June 15, the Senate met pursuant to
20 adjournment. The Journal of Saturday,
21 June 14, was read and approved. On motion,
22 Senate adjourned.
23 ACTING PRESIDENT GRIFFO: Without
24 objection, the Journal stands approved as
25 read.
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1 Presentation of petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator Alesi.
10 SENATOR ALESI: Thank you,
11 Mr. President.
12 Amendments are offered to the
13 following Third Reading Calendar bills:
14 Sponsored by Senator Hannon, page
15 6, Calendar Number 106, Senate Print 599B;
16 Senator Little, on page 11,
17 Calendar Number 261, Senate Print 5302C;
18 Senator Lanza, page 17, Calendar
19 Number 429, Senate Print 6355;
20 Senator DeFrancisco, page 40,
21 Calendar Number 1107, Senate Print 7995;
22 Senator LaValle, page 43, Calendar
23 Number 1157, Senate Print 7724;
24 Senator Young, page 47, Calendar
25 Number 1209, Senate Print 8006;
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1 Senator LaValle, page 48, Calendar
2 Number 1226, Senate Print 7946;
3 Senator Seward, page 67, Calendar
4 Number 1706, Senate Print 8385;
5 Senator LaValle, page 26, Calendar
6 Number 711, Senate Print 7215;
7 Senator Volker, page 47, Calendar
8 Number 1208, Senate Print 7964B;
9 Senator Libous, page 43, Calendar
10 Number 1150, Senate Print 1592A;
11 Senator Marcellino, page 43,
12 Calendar Number 1159, Senate Print 7842;
13 Senator LaValle, page 48, Calendar
14 Number 1238, Senate Print 3063;
15 Senator Nozzolio, page 57, Calendar
16 Number 1386, Senate Print 5037C;
17 And Senator LaValle, page 64,
18 Calendar Number 1529, Senate Print 7497.
19 I now move that these bills retain
20 their place on the order of third reading.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator Alesi.
23 The amendments are received and
24 adopted, and the bills will retain their place
25 on the Third Reading Calendar.
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1 Senator Alesi.
2 SENATOR ALESI: Mr. President, on
3 page 34 I offer the following amendments to
4 Calendar Number 918, Senate Print 7342, and I
5 ask that said bill retain its place on Third
6 Reading Calendar.
7 ACTING PRESIDENT GRIFFO: The
8 amendments are received and adopted, and the
9 bill will retain its place on the Third
10 Reading Calendar.
11 Senator Alesi.
12 SENATOR ALESI: Mr. President, on
13 behalf of Senator C. Kruger, on page 41 I
14 offer the following amendments to Calendar
15 Number 1110, Senate Print 7181A, and ask that
16 that bill retain its place on Third Reading
17 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 ALESI: On behalf of
23 Senator Malcolm Smith, on page 55 I offer the
24 following amendments to Calendar Number 1335,
25 Senate Print 4221A, and ask that said bill
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1 retain its place on Third Reading Calendar.
2 ACTING PRESIDENT GRIFFO: The
3 amendments are received and adopted, and the
4 bill will retain its place on the Third
5 Reading Calendar.
6 Thank you, Senator Alesi.
7 Senator Libous.
8 SENATOR LIBOUS: Mr. President, I
9 wish to call up Senate Print Number 6747,
10 recalled from the Assembly, which is now at
11 the desk.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 325, by Senator Volker, Senate Print 6747, an
16 act to amend the Criminal Procedure Law and
17 others.
18 SENATOR LIBOUS: Mr. President, I
19 now move to reconsider the vote by which this
20 bill was passed.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will call the roll on
23 reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 41.
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1 SENATOR LIBOUS: Mr. President, I
2 now offer up the following amendments.
3 ACTING PRESIDENT GRIFFO: The
4 amendments are accepted.
5 SENATOR LIBOUS: Mr. President, I
6 have one other. I wish to call up Print
7 Number 3079, recalled from the Assembly, which
8 is now at the desk.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 1380, by Senator Fuschillo, Senate Print 3079,
13 an act to amend the Penal Law.
14 SENATOR LIBOUS: Mr. President, I
15 now move to reconsider the vote by which this
16 bill was passed.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will call the roll on
19 reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 44.
22 SENATOR LIBOUS: Mr. President, I
23 now offer up the following amendments.
24 ACTING PRESIDENT GRIFFO: The
25 amendments are received and accepted.
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1 SENATOR LIBOUS: Thank you,
2 Mr. President.
3 ACTING PRESIDENT GRIFFO: Thank
4 you, Senator Libous.
5 SENATOR LIBOUS: Mr. President, I
6 believe that there are some substitutions at
7 the desk.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: On page 7,
11 Senator Fuschillo moves to discharge, from the
12 Committee on Consumer Protection, Assembly
13 Bill Number 8634D and substitute it for the
14 identical Senate Bill Number 5543E, Third
15 Reading Calendar 169.
16 On page 7, Senator Seward moves to
17 discharge, from the Committee on Consumer
18 Protection, Assembly Bill Number 8657 and
19 substitute it for the identical Senate Bill
20 Number 6166, Third Reading Calendar 171.
21 On page 10, Senator Griffo moves to
22 discharge, from the Committee on Civil Service
23 and Pensions, Assembly Bill Number 9719 and
24 substitute it for the identical Senate Bill
25 Number 6836, Third Reading Calendar 251.
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1 On page 15, Senator Maltese moves
2 to discharge, from the Committee on Civil
3 Service and Pensions, Assembly Bill Number
4 8232 and substitute it for the identical
5 Senate Bill Number 6862, Third Reading
6 Calendar 383.
7 On page 34, Senator Griffo moves to
8 discharge, from the Committee on Social
9 Services, Children and Families, Assembly Bill
10 Number 7858E and substitute it for the
11 identical Senate Bill Number 5482E, Third
12 Reading Calendar 916.
13 On page 40, Senator Morahan moves
14 to discharge, from the Committee on Rules,
15 Assembly Bill Number 10933 and substitute it
16 for the identical Senate Bill Number 8057,
17 Third Reading Calendar 1101.
18 On page 53, Senator Winner moves to
19 discharge, from the Committee on Finance,
20 Assembly Bill Number 9936 and substitute it
21 for the identical Senate Bill Number 6866,
22 Third Reading Calendar 1309.
23 On page 53, Senator Griffo moves to
24 discharge, from the Committee on Finance,
25 Assembly Bill Number 10563 and substitute it
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1 for the identical Senate Bill Number 7518,
2 Third Reading Calendar 1313.
3 On page 59, Senator O. Johnson
4 moves to discharge, from the Committee on
5 Rules, Assembly Bill Number 10887 and
6 substitute it for the identical Senate Bill
7 Number 8149, Third Reading Calendar 1437.
8 On page 68, Senator Morahan moves
9 to discharge, from the Committee on Judiciary,
10 Assembly Bill Number 8953 and substitute it
11 for the identical Senate Bill Number 4449,
12 Third Reading Calendar 1740.
13 On page 69, Senator Maltese moves
14 to discharge, from the Committee on Rules,
15 Assembly Bill Number 10969 and substitute it
16 for the identical Senate Bill Number 7522,
17 Third Reading Calendar 1752.
18 On page 69, Senator Flanagan moves
19 to discharge, from the Committee on Codes,
20 Assembly Bill Number 9673 and substitute it
21 for the identical Senate Bill Number 7994,
22 Third Reading Calendar 1754.
23 On page 69, Senator Golden moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 11355 and substitute it
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1 for the identical Senate Bill Number 8337,
2 Third Reading Calendar 1760.
3 On page 70, Senator Flanagan moves
4 to discharge, from the Committee on Rules,
5 Assembly Bill Number 11197 and substitute it
6 for the identical Senate Bill Number 8351,
7 Third Reading Calendar 1761.
8 And on page 70, Senator Young moves
9 to discharge, from the Committee on Rules,
10 Assembly Bill Number 3689B and substitute it
11 for the identical Senate Bill Number 8409,
12 Third Reading Calendar 1766.
13 ACTING PRESIDENT GRIFFO:
14 Substitutions so ordered.
15 Senator Libous.
16 SENATOR LIBOUS: Mr. President, I
17 believe at this time we can begin the
18 noncontroversial reading of the calendar
19 please.
20 Oh, Senator Bonacic, I believe,
21 needs to be called upon.
22 ACTING PRESIDENT GRIFFO: Thank
23 you, Senator Libous.
24 On motions, the chair will
25 recognize Senator Bonacic.
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1 SENATOR BONACIC: Thank you,
2 Mr. President.
3 On behalf of Senator Padavan, on
4 page 30 I offer the following amendments to
5 Calendar Number 827, Senate Print Number 7005,
6 and ask that said bill retain its place on the
7 Third Reading Calendar.
8 ACTING PRESIDENT GRIFFO: The
9 amendments are received and adopted, and the
10 bill will retain its place on the Third
11 Reading Calendar.
12 SENATOR BONACIC: Thank you.
13 On behalf of Senator Saland, on
14 page 38, I offer the following amendments to
15 Calendar Number 1031, Senate Print Number
16 7051, and ask that said bill retain its place
17 on the 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 BONACIC: Thank you,
23 Mr. President.
24 On behalf of Senator Seward, on
25 page number 50, I offer the following
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1 amendments to Calendar Number 1266, Senate
2 Print Number 2180C, and ask that said bill
3 retain its place on Third Reading Calendar.
4 ACTING PRESIDENT GRIFFO: The
5 amendments are received and adopted, and the
6 bill will retain its place on the Third
7 Reading Calendar.
8 SENATOR BONACIC: Thank you,
9 Mr. President.
10 Finally, on page 63, on behalf of
11 Senator Nozzolio, I offer the following
12 amendments to Calendar Number 1505, Senate
13 Print Number 7762, and ask that said bill
14 retain its place on the Third Reading
15 Calendar.
16 ACTING PRESIDENT GRIFFO: Thank
17 you, Senator Bonacic. The amendments are
18 received and adopted, and the bill will retain
19 its place on the Third Reading Calendar.
20 SENATOR BONACIC: Thank you,
21 Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Libous.
24 SENATOR LIBOUS: Mr. President,
25 now that we've got all the housekeeping out of
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1 the way, I think we can go to the
2 noncontroversial calendar, please.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 15, by Senator DeFrancisco, Senate Print
7 1830A, an act to amend the Military Law, in
8 relation to waiving.
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, 49.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 82, by Senator Young, Senate Print 3714B, an
21 act to amend the Agriculture and Markets Law,
22 in relation to including.
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, 49.
6 ACTING PRESIDENT GRIFFO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 102, by Senator Alesi, Senate Print 6635, an
10 act to amend the Environmental Conservation
11 Law and the General Business Law, in relation
12 to jewelry containing lead.
13 ACTING PRESIDENT GRIFFO: Read
14 the last section.
15 THE SECRETARY: Section 6. 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, 51.
21 ACTING PRESIDENT GRIFFO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 169, substituted earlier by Member of the
25 Assembly Pheffer, Assembly Print Number 8634D,
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1 an act to amend the General Business Law and
2 the Penal Law, in relation to providing.
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, 51.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 171, substituted earlier by Member of the
15 Assembly Magee, Assembly Print Number 8657, an
16 act to amend the General Business Law, in
17 relation to dealer agreements.
18 ACTING PRESIDENT GRIFFO: Read
19 the last section.
20 THE SECRETARY: Section 7. 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, 51.
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1 ACTING PRESIDENT GRIFFO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 251, substituted earlier by Member of the
5 Assembly Destito, Assembly Print Number 9719,
6 an act to amend the Civil Service Law, in
7 relation to providing.
8 ACTING PRESIDENT GRIFFO: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 51.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 262, by Senator Larkin, Senate Print 6108A, an
20 act to amend the Real Property Tax Law, in
21 relation to authorizing.
22 SENATOR DUANE: Lay it aside,
23 please.
24 ACTING PRESIDENT GRIFFO: Lay it
25 aside.
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1 THE SECRETARY: Calendar Number
2 375, by Senator Bonacic, Senate Print 5514B,
3 an act to amend the Environmental Conservation
4 Law, in relation to authorizing and directing.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 180th day.
9 ACTING PRESIDENT GRIFFO: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Senator
13 Craig Johnson.
14 SENATOR CRAIG JOHNSON: Yes, to
15 explain my vote, Mr. President, thank you.
16 I'm going to be voting in the
17 affirmative, and I want to thank Senator
18 Bonacic.
19 If you may recall, last year we had
20 a very lengthy debate on this very issue
21 involving counties to be covered and counties
22 that hadn't been covered in a previous draft.
23 We passed it, but I'm happy to see that it's
24 been amended to include the counties of
25 Nassau, Suffolk, Westchester, I believe a
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1 couple of others that weren't included in the
2 original.
3 If you looked outside today, it's
4 pouring outside. The rains this past weekend
5 down in Long Island were devastating to a lot
6 of homeowners who were facing the flooding.
7 This is a good bill. We need to do
8 more, obviously, in addressing the flooding,
9 but I congratulate you, Senator Bonacic, for
10 doing this. So I'll be voting in the
11 affirmative.
12 Thank you very much.
13 ACTING PRESIDENT GRIFFO: Senator
14 C. Johnson to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: Ayes, 53. Nays,
17 0.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 383, substituted earlier by Member of the
22 Assembly Towns, Assembly Print Number 8232, an
23 act to amend the Civil Service Law and the
24 Administrative Code of the City of New York.
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, 53.
8 ACTING PRESIDENT GRIFFO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 387, by Senator Lanza, Senate Print 6926, an
12 act to amend the Retirement and Social
13 Security Law.
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, 52. Nays,
22 1. Senator Duane recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 485, by Senator Padavan, Senate Print 5484, an
2 act to amend the General Obligations Law.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of January.
7 ACTING PRESIDENT GRIFFO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 53.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 491, by Senator Golden, Senate Print 2818A, an
15 act to amend the Real Property Tax Law.
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, 53.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 497, by Senator Maziarz, Senate Print 113, an
3 act to amend the Environmental Conservation
4 Law.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT GRIFFO: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Senator
13 Schneiderman.
14 SENATOR SCHNEIDERMAN: Thank you,
15 Mr. President.
16 This is Senator Maziarz's bill that
17 authorizes 12-year-old children to hunt bears
18 with bows and arrows. It is a remarkable
19 piece of legislation. And I think that just
20 as we recently dealt with the issue of the
21 danger of children being mauled by big cats,
22 we should also stand up against children being
23 mauled by wounded bears.
24 I think the odds of a 12-year-old
25 child actually killing a bear with a bow and
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1 arrow -- as opposed to wounding the bear and
2 missing the bear entirely, resulting in an
3 angry bear chasing the child through the
4 woods -- are overwhelming.
5 And, Senator Maziarz, I urge you,
6 the Institute for Juvenile Weaponry in
7 Washington has examined your bill, and they
8 have a concern that this is [brandishing
9 plastic slingshot], in fact, in other states
10 that have gone down the slope, a weapon that
11 children are authorized to hunt bears with.
12 Sir, where will this all stop? I
13 urge you, protect our children. We oppose
14 them being mauled by big cats; we should also
15 oppose them being mauled by wounded bears. I
16 vote no and urge everyone to vote no.
17 And, Senator Maziarz, I've got you
18 in my sights.
19 (Laughter.)
20 ACTING PRESIDENT GRIFFO: Senator
21 Schneiderman will be recorded in the negative.
22 I do want to remind the members
23 that props are not allowed in the chamber.
24 SENATOR SCHNEIDERMAN: It is a
25 weapon, sir, not a prop.
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1 (Laughter.)
2 SENATOR LIBOUS: Would the
3 sergeant-at-arms come and --
4 (Laughter.)
5 ACTING PRESIDENT GRIFFO: Senator
6 Maziarz.
7 SENATOR MAZIARZ: Thank you very
8 much, Mr. President.
9 Once again my good friend Senator
10 Schneiderman is dead wrong, no pun intended.
11 But this bill would allow younger people -- or
12 mothers and fathers to get their children away
13 from television sets and computer screens, get
14 them out into the woods learning good American
15 values like hunting, outdoorsmanship,
16 sporting.
17 Senator Krueger, who every year --
18 where is she? Oh, there she is, over there --
19 Senator Krueger every year has debated me on
20 this bill and asked me, I think every year for
21 the last six or seven years, whether there was
22 a study done on the impact that this would
23 have on young people in the State of New York.
24 Ironically enough, my staff found a
25 study that was done that showed the positive
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1 impact that legislation like this, getting
2 younger people involved in hunting sports, the
3 positive impact that it would have here in our
4 great state. And I did send that study over
5 to Senator Krueger with a personal note.
6 And I am totally in favor of this
7 bill. And I hope that someday before Senator
8 Schneiderman and I retire or -- well, before
9 we retire, that this will become law in the
10 State of New York. Or Senator Schneiderman
11 gets appointed to some big job by the
12 Governor, but . . .
13 (Laughter.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Maziarz to be recorded in the affirmative.
16 Senator Libous.
17 SENATOR LIBOUS: Thank you.
18 Before we vote on this bill, I just want to --
19 and I do certainly appreciate Senator
20 Schneiderman's sense of humor and knowing that
21 sometimes it's a jungle in here. But I just
22 want to remind members that props are not
23 allowed on the Senate floor, and it is part of
24 the Senate Rules. Thank you.
25 ACTING PRESIDENT GRIFFO: Thank
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1 you, Senator Libous.
2 Senator Serrano, to explain his
3 vote.
4 SENATOR SERRANO: Thank you,
5 Mr. President.
6 While I have great affection and
7 respect for Senator Maziarz, and he knows
8 that, I think this bill is sending the wrong
9 message to the youth of our great state.
10 As a person who enjoys the great
11 outdoors and the natural wonders that New York
12 State has to offer, I think it's more
13 important that we focus on preserving our
14 natural resources rather than learning how to
15 hunt them.
16 And it really sends a very negative
17 message to someone at the age of 12 to teach
18 them how to kill anything. And I think we
19 should be very, very careful about those types
20 of values and what they will have, the effect
21 they will have over the long haul for the
22 children of our great state.
23 So I will be voting against this.
24 ACTING PRESIDENT GRIFFO: Senator
25 Volker, to explain his vote.
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1 SENATOR VOLKER: Mr. President, I
2 know that to my colleagues from downstate
3 New York, particularly from New York City, who
4 only can think of hunters and weapons as some
5 sort of criminal act -- you know, I must be
6 very honest with you, it points up something
7 that I've said for a long time. It's a
8 cultural thing.
9 I don't know of anybody -- I do
10 know of one person who was hit by an arrow.
11 Certainly not by any young people. And you'd
12 be surprised at how many young people we have
13 who want to be part of an American culture
14 which is as old as the hills and would like to
15 use bow and arrows.
16 I realize that, as we've often
17 said, the problem in the city is that
18 everything is equaled with violence because,
19 unfortunately, that's what the culture is.
20 And that's too bad.
21 I have to be honest with you, I've
22 had more discussion from parents -- because
23 let's remember that this is with parents.
24 This is not somebody that's going to run out
25 there and shoot arrows and, you know, have
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1 fun. This is part of, in fact, our basic
2 rights as American citizens.
3 I don't know of any time in my
4 lifetime that hunters have been involved in
5 illegal activity -- except maybe, it is true,
6 for poaching and things of that nature which,
7 generally speaking, the staff from downstate
8 New York has opposed it. The Pataki people
9 didn't like it because they couldn't even
10 understand what jacklighting was all about.
11 I have to be honest with you, there
12 is absolutely nothing untoward with this bill.
13 And the chances of a young person being chased
14 by a bear or anything else are about one in a
15 million.
16 The truth is, to give young people
17 responsibility is something that is so
18 important that it would be wise for many
19 people who are not used to hunters and to
20 American culture to understand that this is
21 the kind of training and the kind of teaching
22 that will help young people, not harm them.
23 So I don't think -- you know,
24 personally I don't think this is any kind of a
25 joke. And I understand your proposal. And I
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1 understand too that the Assembly has some
2 difficulties because they really have trouble
3 understanding what the whole culture is all
4 about.
5 You show me where any of the
6 legislation we've passed here that enhances
7 young people as far as weapons are concerned,
8 including bow hunting -- I have never seen one
9 real problem that's ever come out of it. Now,
10 maybe, you know, in New York City there could
11 be a problem, although I don't know of anybody
12 that does a lot of bow hunting in New York
13 City.
14 But I just want to say that I
15 support this bill. I think it's the right
16 thing to do. And I expect that before I leave
17 here, and I hope it will be a few years from
18 now, we'll see this bill passed into law.
19 Because there are other things the City of
20 New York needs more desperately that I'm sure
21 they're going to be coming to us for.
22 So I vote aye.
23 ACTING PRESIDENT GRIFFO: Senator
24 Volker to be recorded in the affirmative.
25 Senator Stavisky, to explain her
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1 vote.
2 SENATOR STAVISKY: Thank you,
3 Mr. President.
4 I hate to disagree with my friend
5 Senator Volker, but I don't think this is
6 cultural issue, a question of
7 upstate/downstate. Because, as we keep
8 repeating, this is one state.
9 What bothers me is the idea of
10 children bonding with their parents over
11 killing. To me it's the killing aspect, the
12 hurting and maiming of animals that I find
13 troubling.
14 That is not the way to bond. You
15 bond in many, many ways. But it seems to me
16 that killing an animal, a defenseless animal,
17 is not bonding, it's cruelty. And I vote no.
18 ACTING PRESIDENT GRIFFO: Senator
19 Stavisky to be recorded in the negative.
20 Senator Stachowski, to explain his
21 vote.
22 SENATOR STACHOWSKI: Yes,
23 Mr. President. I'd like to rise to support
24 this bill.
25 I think that in upstate you learn
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1 that the hunters care more about the animals
2 than most other people. And although they
3 hunt them, because it seems that animals are
4 there to be hunted -- I mean, that's -- they
5 don't kill animals for no reason. They hunt
6 them, they usually will eat what they hunt,
7 even today. And they're more careful about
8 not only the animals but the forest land and
9 everything else, and they're more
10 conservationists than the average person.
11 So there's a push I know now being
12 made by DEC and its commissioner, who used to
13 be a Manhattan Assembly guy, to try to get the
14 hunting age lower. The average hunting age
15 now is too high. So lowering the age for
16 hunting -- and it's always when people start
17 hunting, their parents are always with them to
18 start it out, or an adult is with them.
19 And the reality is that no better
20 lessons on nature could be learned than to get
21 people out hunting, lower the age of hunting,
22 and to get the average age of the average
23 hunter in New York State back down. Because
24 it is an important industry, it's a great
25 recreational activity.
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1 To stand on the floor and call it
2 killing and murder is a little bit troublesome
3 to me. It shows a complete misunderstanding
4 of what hunting is. And, I mean, if you're
5 calling it that way, then I imagine fishing is
6 murdering too, because you catch the fish, you
7 pull him out of the water, and then you cook
8 him and you eat him. So I don't understand
9 why that would be so much different.
10 But the reality is that to get the
11 hunting age down would be a great positive for
12 the state. And I think this bill is a good
13 idea, and I'm looking forward this to this
14 bill and any ones that the department sends
15 over also, to support those too.
16 I vote yes.
17 ACTING PRESIDENT GRIFFO: Senator
18 Stachowski to be recorded in the affirmative.
19 Senator Savino.
20 SENATOR SAVINO: Thank you, Mr.
21 President.
22 First let me say I'm going to vote
23 for this bill. And let me say to my
24 colleagues, who predominantly are coming from
25 the city, I understand your concern and I'm
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1 actually sympathetic to it. There are many of
2 us for whom hunting is completely unacceptable
3 under any circumstances, no matter what the
4 age. And for some of us, it is acceptable.
5 Now, I may be a city girl, as
6 Senator Volker would point out. I was born
7 and raised in Queens, and now, you know, I
8 live in Staten Island. But on the way to
9 Staten Island, I made a sojourn to Orange
10 County, where I bought my first house, and I
11 lived there for two years.
12 And it was while I was living in
13 Orange County that I realized that hunting
14 season in many parts of the county, the
15 schools were closed on the first day of
16 hunting season.
17 The hunting season was a special
18 time for men and their sons, particularly --
19 some daughters, too, but particularly for men
20 and their sons. They looked forward to it.
21 They bought all types of equipment. They
22 bought camping equipment. They went out into
23 the woods and they bonded.
24 And you know what I found out from
25 most of my neighbors? None of them ever
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1 killed anything. Sometimes they didn't even
2 shoot anything. But it was that whole bonding
3 experience that meant so much.
4 So perhaps there is a cultural
5 difference. And maybe we don't have that
6 experience down in the streets of Queens or
7 even in Staten Island. But it is an important
8 cultural tradition that should be maintained.
9 But because it is something that
10 involves the use of weapons, the earlier that
11 young people are trained and licensed and
12 supervised, the better off they will be.
13 They're going to continue to hunt. They're
14 going to want to teach their sons and maybe
15 their daughters. We need to instill in them
16 that they need to be licensed, trained and
17 always take this sport incredibly seriously,
18 because it can be dangerous.
19 So I'm going to vote for this bill,
20 Senator Maziarz, because even though I'm a
21 city girl, I understand the country.
22 ACTING PRESIDENT GRIFFO: Senator
23 Savino to be recorded in the affirmative.
24 Senator Adams, to explain his vote.
25 SENATOR ADAMS: I must have drove
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1 the staff crazy, because I changed my vote
2 five times.
3 You know, but I think that this
4 discussion was a great discussion, because it
5 shows how, although we are one New York and
6 one state, that we have to learn from each
7 other.
8 And while the issue is an important
9 issue, I'm going to also vote in the
10 affirmative. And I hope that Senator Maziarz
11 invites me up one day to use a bow and arrow,
12 you know.
13 But we have to learn from each
14 other. And what is important on one block may
15 not be important in another block. And I
16 think it's out of respect of understanding the
17 norms in a particular geographical location of
18 the state that we can open ourselves up to
19 understand what is possible, what is not
20 possible, and how we can learn by just
21 standing in this chamber, because we are
22 representatives of the various norms in the
23 parts of the cities and the parts of the
24 communities that we come from.
25 So this was a learning experience
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1 for me, and I went from yes to no to yes to no
2 to yes to no and back to yes again. I'm going
3 to vote in support of this bill. And
4 hopefully it will reach the goal that we're
5 looking for, to continue to process of the
6 long, rich culture coming from Alabama, where
7 we used to hunt, the long rich culture of
8 hunting and men and their children bonding
9 with each other throughout the hunting season.
10 I'm going to vote in the
11 affirmative.
12 ACTING PRESIDENT GRIFFO: Senator
13 Adams will be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 497 are
17 Senators Duane, L. Krueger, LaValle, Morahan,
18 Oppenheimer, Padavan, Perkins, Schneiderman,
19 Serrano, Smith and Stavisky.
20 Ayes, 44. Nays, 11.
21 ACTING PRESIDENT GRIFFO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 546, by Senator DeFrancisco, Senate Print
25 2061, an act to amend the Penal 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 first of
5 November.
6 ACTING PRESIDENT GRIFFO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 55.
10 ACTING PRESIDENT GRIFFO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 595, by Senator Alesi, Senate Print 4322A, an
14 act to amend the General Municipal Law.
15 ACTING PRESIDENT GRIFFO: There
16 is a home-rule message at the desk.
17 Read 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 ACTING PRESIDENT GRIFFO: Senator
24 Robach.
25 SENATOR ROBACH: Yes, just very
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1 quickly.
2 This is a somewhat ordinary but
3 very important piece of legislation. I want
4 to commend Senator Alesi. This is something
5 we've been working on for a number of years,
6 as straightforward as it is.
7 This is bill is good because it
8 will not only allow residential areas around
9 Monroe County to have lower speed limits to
10 protect pedestrians, protect kids around
11 schools, anybody walking or riding a bike, but
12 it's also in direct response to our local
13 government colleagues who have called us to do
14 this.
15 Currently, in order to change the
16 speed limit, you have to go through a long,
17 lengthy process, additional signage, and other
18 things. This in some regards would be a
19 reverse mandate, where we'd be allowing them
20 to not only make certain streets safer in
21 certain neighborhoods at request, but also do
22 it for less money. So it's really a win/win
23 situation.
24 And I'm glad this day is here;
25 we've talked about it for a long time, but
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1 there's been some frustration because it's
2 taken a lengthy time to get this passed. And
3 I hope, again, on the merits for protecting
4 people and in response to our colleagues in
5 local government, as well as less cost to
6 local government, to make their citizens safer
7 on roads, highways and neighborhoods, we'll
8 get this passed in the other house.
9 Clearly, for all those meritorious
10 reasons, a good thing to do, and I proudly
11 cast my vote in the affirmative.
12 ACTING PRESIDENT GRIFFO: Senator
13 Robach to be recorded in the affirmative.
14 Senator Alesi.
15 SENATOR ALESI: Thank you,
16 Mr. President.
17 This is a bill that had taken some
18 time to bring to the floor of the Senate. As
19 you know, it has required the cooperation and
20 involvement of several localities and
21 home-rule messages. And I'd also like to
22 thank my cosponsors, Senators Maziarz and
23 Nozzolio and Robach, for their continued
24 effort over the last couple of years to help
25 in that coordinated effort.
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1 I think the people that we
2 represent collectively are better served when
3 local government has the opportunity to
4 determine speed limits in certain
5 neighborhoods. It is those towns that give
6 the subdivisions the permits, and they go
7 through the local committee process, planning
8 boards and things of that nature.
9 The local governments know better
10 what the needs of the communities are under
11 most circumstances, and it has been a
12 tradition of this Senate to honor the wishes
13 of local government when it makes sense. And
14 in this particular case, making our
15 neighborhoods safe, protecting our families
16 and the traveling public in certain areas in
17 those towns does make sense.
18 And I am very happy to be able to
19 bring this bill to the floor with my
20 cosponsors. And again, I'd like to thank them
21 for their effort and their cooperation as
22 well.
23 So I urge my colleagues to support
24 the bill and look forward to positive action
25 in the Assembly, because as we all know, those
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1 members of the Assembly that are carrying this
2 bill serve the same constituents and have the
3 same responsibilities to protect them as we
4 do.
5 ACTING PRESIDENT GRIFFO: Senator
6 Alesi to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 61. Nays,
9 0.
10 ACTING PRESIDENT GRIFFO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 652, by Senator Trunzo, Senate Print 4690B, an
14 act to amend the Civil Service Law.
15 ACTING PRESIDENT GRIFFO: There
16 is a home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 5. 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, 61.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 656, by Senator Montgomery, Senate Print
3 3153A, an act to amend the Family Court Act
4 and the Social Services Law.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 11. 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: Calendar Number
16 680, by Senator Leibell, Senate Print 2382B,
17 an act to amend the Surrogate's Court
18 Procedure Act, in relation to increasing.
19 ACTING PRESIDENT GRIFFO: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect January 1, 2009.
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 THE SECRETARY: Calendar Number
5 739, by Senator Leibell, Senate Print 3643A,
6 an act to amend the Executive 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: Calendar Number
18 775, by Senator Little, Senate Print --
19 SENATOR LIBOUS: Lay it aside for
20 the day, please.
21 ACTING PRESIDENT GRIFFO: Lay it
22 aside for the day.
23 THE SECRETARY: Calendar Number
24 812, by Senator Golden, Senate Print 7227, an
25 act to amend the Executive 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 ACTING PRESIDENT GRIFFO: Senator
9 Montgomery.
10 SENATOR MONTGOMERY: Yes,
11 Mr. President, I would like to comment on this
12 legislation.
13 I understand the intent of this
14 bill is to ensure that any funding realized,
15 any savings realized through various actions
16 of the Office of Children and Family Services
17 be reinvested specifically in alternatives to
18 incarceration, and I'm certainly all in favor
19 of reinvestment into alternatives.
20 But I don't think that we in the
21 Legislature want to go as far as to
22 micromanage this agency when there are so
23 many -- this is the largest agency in our
24 state. It has jurisdiction over all aspects
25 of children, youth and families and their
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1 lives. There are many decisions, multiple
2 decisions that have to be made at any given
3 moment.
4 And I don't believe it is
5 appropriate for us to establish, through this
6 kind of legislation, that we specifically
7 direct the agency to make a decision based on
8 our small and narrow vision of what we would
9 like to see happen.
10 So I support the intent, but I
11 think that it goes much too far in
12 micromanaging the agency, and so I'm going to
13 vote no on this legislation.
14 ACTING PRESIDENT GRIFFO: Senator
15 Montgomery will be recorded in the negative.
16 Announce the results.
17 THE SECRETARY: Ayes, 59. Nays,
18 2. Senators Montgomery and Perkins recorded
19 in the negative.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 856, by Senator DeFrancisco, Senate Print
24 6461A, an act in relation to the supervision,
25 coordination and approval of highway routing
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1 designations.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 3. 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: Calendar Number
13 865, by Senator O. Johnson, Senate Print
14 7130A, an act to amend the Retirement and
15 Social Security Law and the Military Law.
16 SENATOR OWEN JOHNSON: Lay it
17 aside for the day, please.
18 ACTING PRESIDENT GRIFFO: Lay it
19 aside for the day.
20 THE SECRETARY: Calendar Number
21 869, by Senator Winner, Senate Print 6750A, an
22 act to amend Chapter 296 of the Laws of 2007
23 amending the Environmental Conservation Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 3. 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, 60. Nays,
7 1. Senator Duane recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 911, by Senator LaValle, Senate Print 6264A,
12 an act to amend the Education Law.
13 ACTING PRESIDENT GRIFFO: Read
14 the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 30th day.
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: Calendar Number
24 915, by Senator C. Kruger, Senate Print 5142A,
25 an act to amend the Family Court Act and the
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1 Social Services Law.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 17. This
5 act shall take effect on the 90th day.
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: Calendar Number
13 916, substituted earlier today by Member of
14 the Assembly Destito, Assembly Print Number
15 7858E, an act to amend the Social Services Law
16 and the Executive Law.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 180th 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: Calendar Number
3 924, by Senator Hannon --
4 SENATOR LIBOUS: Lay the bill
5 aside for the day, please.
6 ACTING PRESIDENT GRIFFO: Lay it
7 aside for the day.
8 THE SECRETARY: Calendar Number
9 1017, by Senator Lanza, Senate Print 6811, an
10 act to amend the Vehicle and Traffic Law.
11 ACTING PRESIDENT GRIFFO: There
12 is a home-rule message at the desk.
13 The Secretary will read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60. Nays,
21 1. Senator Saland recorded in the negative.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1032, by Senator Farley, Senate Print 7148B,
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1 an act in relation to special education
2 transportation contracts.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 3. 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, 61.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1073, by Senator Larkin, Senate Print 7245, an
15 act to amend the Alcoholic Beverage Control
16 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, 61.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1098, by Senator Morahan, Senate Print 8043,
4 an act to amend the Mental Hygiene 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: Calendar Number
16 1101, substituted earlier today by Member of
17 the Assembly Zebrowski, Assembly Print Number
18 10933, an act to amend the Mental Hygiene 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, 61.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1139, by Senator Bonacic, Senate Print 7273,
6 an act to amend the Executive 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: Those recorded in
15 the negative on Calendar Number 1139 are
16 Senators Duane, Hassell-Thompson, and Perkins.
17 Ayes, 58. Nays, 3.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1156, by Senator Fuschillo, Senate Print
22 7679A, an act to amend the Environmental
23 Conservation Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the 180th day.
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 1188, by Senator Maziarz, Senate Print 6697A,
11 an act to amend the Real Property Tax 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: Calendar Number
23 1204, by Senator Saland --
24 SENATOR LIBOUS: Lay the bill
25 aside for the day, please.
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1 ACTING PRESIDENT GRIFFO: Lay it
2 aside for the day.
3 THE SECRETARY: Calendar Number
4 1242, by Senator Adams, Senate Print 7344, an
5 act to amend the Civil Service 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, 61.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1265, by Senator Larkin --
18 SENATOR MORAHAN: Lay it aside
19 for the day.
20 ACTING PRESIDENT GRIFFO: Lay it
21 aside for the day.
22 THE SECRETARY: Calendar Number
23 1274, by Senator Maltese, Senate Print 6449A,
24 an act to amend the Social Services 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 1280, by Senator Padavan, Senate Print 63A, an
12 act to amend the --
13 SENATOR DUANE: Lay it aside,
14 please.
15 ACTING PRESIDENT GRIFFO: Lay it
16 aside.
17 THE SECRETARY: Calendar Number
18 1296, by Senator Flanagan, Senate Print 694,
19 an act to amend 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 2. This
24 act shall take effect on the first day of the
25 next 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: Those recorded in
5 the negative on Calendar Number 1296 are
6 Senators Duane, L. Krueger and Perkins. Also
7 Senator Montgomery.
8 Ayes, 57. Nays, 4.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1301, by Senator Maziarz, Senate Print
13 5706C --
14 SENATOR LIBOUS: Please lay that
15 bill aside for the day.
16 ACTING PRESIDENT GRIFFO: Lay the
17 bill aside for the day.
18 THE SECRETARY: Calendar Number
19 1309, substituted earlier today by Member of
20 the Assembly Bacalles, Assembly Print Number
21 9936, an act to amend the Executive 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 1313, substituted earlier today by Member of
9 the Assembly Destito, Assembly Print Number
10 10563, an act to amend the State Finance 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 1316, by Senator Griffo, Senate Print 8144, an
23 act to amend the Parks, Recreation and
24 Historic Preservation 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: Calendar Number
11 1325, by Senator Young, Senate Print 5686A, an
12 act to amend the Agriculture and Markets 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: Calendar Number
24 1334, by Senator Morahan, Senate Print 8080,
25 an act to amend the General Business Law.
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3444
1 ACTING PRESIDENT GRIFFO: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 120th day.
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: Calendar Number
12 1370, by Senator Larkin, Senate Print 230A, an
13 act to amend the Penal Law.
14 ACTING PRESIDENT GRIFFO: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 180th day.
18 ACTING PRESIDENT GRIFFO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60. Nays,
22 1. Senator Perkins recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1378, by Senator LaValle, Senate Print 2680,
2 an act to amend the Penal Law.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read 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 ACTING PRESIDENT GRIFFO: Senator
12 Krueger, to explain her vote.
13 SENATOR LIZ KRUEGER: Thank you,
14 Mr. President.
15 I will continue to vote against
16 this bill this year, as I have in the past.
17 Just pointing out a concern to our
18 colleagues that of course while it is all of
19 our goals to prevent a violent sexual offender
20 from ever attacking anyone again, the research
21 shows that a vast majority of sexual offenders
22 in fact are driven by anger and violence as
23 opposed to hormone levels. And so in fact a
24 proposal to mandate medical castration does
25 not leave us with a protection that we might
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1 think we had.
2 In addition, I'm particularly
3 concerned about the constitutional protections
4 that are violated by mandating chemical
5 treatments of people that may in fact cause
6 other illnesses and yet not protect us, the
7 public, from them.
8 So for that reason, I will continue
9 to vote against this bill. Thank you,
10 Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Krueger to be recorded in the negative.
13 Senator Montgomery, to explain her
14 vote.
15 SENATOR MONTGOMERY: Yes,
16 Mr. President. I would like to explain my
17 position on this.
18 I always support the bill, and I
19 think that in fact it's one way that people
20 who have a particular problem with their
21 inability to control this deviant behavior,
22 this excessive drive, this would help them and
23 in fact would help to keep them from molesting
24 people, one.
25 And, two, it would also help repeat
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3447
1 offenders not to repeat their offenses and
2 thereby having to be incarcerated for most of
3 their lives.
4 So I'm supporting this. I think it
5 is a humane thing to do. And as always, I
6 compliment Senator LaValle. And I just hope
7 that we can get this bill done in the Assembly
8 because I think we need this as one of the
9 tools to fight against sex offenders.
10 Thank you. I vote yes.
11 ACTING PRESIDENT GRIFFO: Senator
12 Montgomery will be recorded in the
13 affirmative.
14 Announce the results.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 1378 are
17 Senators Connor, Hassell-Thompson, L. Krueger,
18 Perkins and Schneiderman.
19 Ayes, 56. Nays, 5.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1395, by Senator Skelos, Senate Print 7712A,
24 an act to amend the Criminal Procedure 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. Nays,
8 0.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1399, by Senator Winner, Senate Print 7852A,
13 an act to amend the Penal 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, 60. Nays,
22 1. Senator Duane recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1427, by Senator O. Johnson --
2 SENATOR MORAHAN: Lay it aside
3 for the day, please.
4 ACTING PRESIDENT GRIFFO: Lay it
5 aside for the day.
6 THE SECRETARY: Calendar Number
7 1429, by Senator Fuschillo, Senate Print
8 4307B, an act to amend the Education Law.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 9. This
12 act shall take effect on the first of July.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60. Nays,
17 1. Senator Montgomery recorded in the
18 negative.
19 ACTING PRESIDENT GRIFFO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1431, by Senator Saland, Senate Print 6272A,
23 an act to amend the Education Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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3450
1 THE SECRETARY: Section 3. This
2 act shall take effect September 1.
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 1432, by Senator LaValle, Senate Print 7951A,
11 an act to legalize, validate, ratify and
12 confirm.
13 ACTING PRESIDENT GRIFFO: Read
14 the last section.
15 THE SECRETARY: Section 3. 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: Calendar Number
24 1437, substituted earlier today by Member of
25 the Assembly Sweeney, Assembly Print Number
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3451
1 10887, an act in relation to authorizing.
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: Calendar Number
13 1443, by Senator Maziarz, Senate Print 7923,
14 an act to amend the Tax 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: Calendar Number
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1 1446, by Senator Robach, Senate Print 1702, an
2 act to amend the Correction Law.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 2. 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, 61.
12 ACTING PRESIDENT GRIFFO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1485, by Senator Young, Senate Print 371, an
16 act to amend the General Municipal Law.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 11. 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, 61.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1486, by Senator Marcellino, Senate Print 614,
4 an act to amend the Real Property Tax 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: Calendar Number
16 1504, by Senator Farley, Senate Print 7721B,
17 an act to amend the Public Authorities Law.
18 ACTING PRESIDENT GRIFFO: There
19 is a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 8. 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 THE SECRETARY: Calendar Number
5 1526, by Senator LaValle, Senate Print 5563,
6 an 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: Those recorded in
15 the negative on Calendar Number 1526 are
16 Senators Dilan, Duane, Gonzalez, Montgomery,
17 Perkins, Stachowski and Stavisky. Also
18 Senator Schneiderman.
19 Ayes, 53. Nays, 8.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1531, by Senator LaValle, Senate Print 7838A,
24 an act to amend the Education 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 1534, by Senator LaValle, Senate Print 8115,
12 an act to amend the Education 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: Calendar Number
24 1607, by Senator Thompson, Senate Print 8101A,
25 an act to amend the Parks, Recreation and
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3456
1 Historic Preservation Law.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 3. 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: Calendar Number
13 1665, by Senator Morahan, Senate Print 7338A,
14 an act to authorize.
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: Calendar Number
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1 1668, by Senator Bonacic, Senate Print 7799A,
2 an act to amend the Real Property Tax 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 January.
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 will read.
14 THE SECRETARY: Calendar Number
15 1690, by Senator Lanza, Senate Print 5584A, an
16 act to amend the Penal Law.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of
21 November.
22 ACTING PRESIDENT 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 1697, by Senator Rath, Senate Print 7701, an
5 act to amend the Real Property Tax Law.
6 SENATOR MORAHAN: Lay it aside
7 for the day, please.
8 ACTING PRESIDENT GRIFFO: Lay it
9 aside for the day.
10 THE SECRETARY: Calendar Number
11 1729, by Senator Leibell, Senate Print 8312,
12 an act in relation to state aid payments.
13 ACTING PRESIDENT GRIFFO: Read
14 the last section.
15 SENATOR MORAHAN: Lay it aside
16 for the day, please.
17 ACTING PRESIDENT GRIFFO: Lay it
18 aside for the day.
19 THE SECRETARY: Calendar Number
20 1734, by Senator LaValle, Senate Print 8433,
21 an act to amend Chapter 376 of the Laws of
22 1998.
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 1736, by Senator Breslin, Senate Print 713, 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 90th day.
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 1737, by Senator Golden, Senate Print 2450A,
23 an act to amend the Public Health Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the same date as
3 Section 24 of Part B of Chapter 58 of the Laws
4 of 2007.
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: Calendar Number
12 1739, by Senator Leibell, Senate Print 3806A,
13 an act to amend the Labor 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, 61.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1740, substituted earlier today by Member of
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3461
1 the Assembly Zebrowski, Assembly Print Number
2 8953, an act to amend the Domestic Relations
3 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: Calendar Number
15 1741, by Senator Young, Senate Print 4499A, an
16 act to amend the Environmental Conservation
17 Law.
18 ACTING PRESIDENT GRIFFO: Read
19 the last section.
20 THE SECRETARY: Section 4. 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 1742, by Senator Griffo, Senate Print 4620, an
5 act to amend the General Municipal 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, 61.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1746, by Senator Lanza, Senate Print 6852B, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT GRIFFO: Read
20 the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the first of the
23 month next occurring 30 days after this act
24 shall have become a law.
25 ACTING PRESIDENT GRIFFO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60. Nays,
4 1. Senator Duane recorded in the negative.
5 ACTING PRESIDENT GRIFFO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1747, by Senator Lanza, Senate Print 6907A, an
9 act to amend the Executive Law and the Penal
10 Law.
11 ACTING PRESIDENT GRIFFO: Read
12 the last section.
13 THE SECRETARY: Section 3. 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 1750, by Senator Lanza, Senate Print 7354, an
23 act to amend the Public Officers Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 3. 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 1751, by Senator Flanagan, Senate Print 7461,
11 an act to amend the Executive 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: Calendar Number
23 1752, substituted earlier today by Member of
24 the Assembly Englebright, Assembly Print
25 Number 10969, an act to amend the Arts and
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3465
1 Cultural Affairs 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: Calendar Number
13 1753, by Senator Lanza, Senate Print 7533, an
14 act to amend the Civil Service Law.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1754, substituted earlier today by Member of
2 the Assembly Spano, Assembly Print Number
3 9673, an act to amend the Penal Law.
4 ACTING PRESIDENT GRIFFO: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day.
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 1755, by Senator Trunzo, Senate Print 8275, an
16 act to amend the Retirement and Social
17 Security 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, 61.
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1 ACTING PRESIDENT GRIFFO: The
2 bill is passed.
3 Could we have some order, please.
4 Thank you.
5 THE SECRETARY: Calendar Number
6 1756, by Senator Flanagan, Senate Print 8290,
7 an act to require the Metropolitan
8 Transportation Authority.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 4. 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: Calendar Number
20 1757, by Senator Golden, Senate Print 8332, an
21 act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect September 1.
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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 1758, by Senator Nozzolio, Senate Print 8335,
9 an act to amend the Civil Service Law.
10 ACTING PRESIDENT GRIFFO: Read
11 the last section.
12 THE SECRETARY: Section 4. 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 1760, substituted earlier today by Member of
22 the Assembly Dinowitz, Assembly Print Number
23 11355, an act to amend Chapter 841 of the Laws
24 of 1987.
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 1761, substituted earlier today by Member of
12 the Assembly Sweeney, Assembly Print Number
13 11197, an act to amend Chapter 307 of the Laws
14 of 2005 amending the Public Authorities 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: Calendar Number
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1 1762, by Senator Robach, Senate Print 8377, an
2 act to amend the Workers' Compensation Law.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall --
7 SENATOR MORAHAN: Lay it aside
8 for the day, please.
9 ACTING PRESIDENT GRIFFO: Lay it
10 aside for the day.
11 THE SECRETARY: Calendar Number
12 1763, by Senator Robach, Senate Print 8378, an
13 act to amend the Workers' Compensation Law.
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: Calendar Number
25 1764, by Senator Robach, Senate Print 8400, an
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1 act to amend the Workers' Compensation Law.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 90th day.
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: Calendar Number
13 1765, by Senator Lanza, Senate Print 8402, an
14 act to amend the Criminal Procedure Law.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of
19 November.
20 ACTING PRESIDENT GRIFFO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1766, substituted earlier today by Member of
3 the Assembly Markey, Assembly Print Number --
4 SENATOR DUANE: Lay it aside,
5 please.
6 ACTING PRESIDENT GRIFFO: Lay it
7 aside.
8 THE SECRETARY: Calendar Number
9 1767, by Senator Maltese, Senate Print 8424,
10 an act to amend the Penal Law and others.
11 ACTING PRESIDENT GRIFFO: Read
12 the last section.
13 THE SECRETARY: Section 20. This
14 act shall take effect on the 90th day.
15 ACTING PRESIDENT GRIFFO: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO:
19 Announce the results.
20 THE SECRETARY: Ayes, 60. Nays,
21 1. Senator Montgomery recorded in the
22 negative.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1768, by Senator Seward, Senate Print 8435, an
2 act to amend Chapter 549 of the Laws of 2005
3 amending 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.
12 ACTING PRESIDENT GRIFFO: The
13 bill is passed.
14 Senator Morahan, that completes the
15 noncontroversial reading of the calendar.
16 SENATOR MORAHAN: Thank you,
17 Mr. President.
18 Can we now move to the
19 controversial reading of the calendar, or the
20 reading of the controversial calendar.
21 ACTING PRESIDENT GRIFFO: Senator
22 Morahan, may we take up some motions prior to
23 the controversial reading.
24 SENATOR MORAHAN: Fine.
25 ACTING PRESIDENT GRIFFO: We'll
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1 return to the order of motions and
2 resolutions.
3 I would ask for some order, please.
4 Thank you.
5 Senator Fuschillo.
6 SENATOR FUSCHILLO: Thank you
7 very much, Mr. President.
8 On behalf of Senator LaValle, I
9 wish to call up Senate Print Number 6949,
10 recalled from the Assembly, which is now at
11 the desk.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 459, by Senator LaValle, Senate Print 6949, an
16 act to amend the Education Law.
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, 61.
24 SENATOR FUSCHILLO: I now offer
25 the following amendments.
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1 ACTING PRESIDENT GRIFFO: The
2 amendments are received and accepted.
3 Senator Fuschillo.
4 SENATOR FUSCHILLO: Mr.
5 President, on behalf of Senator Larkin, I wish
6 to call up Senate Print Number 1882, recalled
7 from the Assembly, which is now at the desk.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 286, by Senator Larkin, Senate Print 1882, an
12 act to amend the Racing, Pari-Mutuel Wagering
13 and Breeding Law.
14 SENATOR FUSCHILLO: I now move to
15 reconsider the vote by which the bill was
16 passed.
17 ACTING PRESIDENT GRIFFO: Call
18 the roll on reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 SENATOR FUSCHILLO: I now offer
22 the following amendments.
23 ACTING PRESIDENT GRIFFO: The
24 amendments are received and accepted.
25 SENATOR FUSCHILLO: Thank you.
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1 ACTING PRESIDENT GRIFFO: Thank
2 you, Senator Fuschillo.
3 We will now go to the controversial
4 reading of the calendar.
5 Senator Morahan.
6 SENATOR MORAHAN: That's my
7 request.
8 ACTING PRESIDENT GRIFFO: At the
9 request of Senator Morahan, we will now go to
10 the controversial reading of the calendar, and
11 the Secretary will ring the bell.
12 THE SECRETARY: Calendar Number
13 262, by Senator Larkin, Senate Print 6108A, an
14 act to amend the Real Property Tax Law.
15 SENATOR DUANE: Explanation,
16 please.
17 ACTING PRESIDENT GRIFFO:
18 Explanation requested, Senator Larkin.
19 SENATOR LARKIN: Who asked for
20 it?
21 ACTING PRESIDENT GRIFFO: Senator
22 Duane.
23 SENATOR LARKIN: Oh, my brother
24 Thomas.
25 Tom, this is a bill that we passed
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1 the last couple of years. This is a bill
2 that's sponsored in about 25 or 27 states. It
3 just gives the local government the option to
4 collect delinquent tax liens by the bulk sale
5 of liens to a private entity.
6 Orange County and Ulster County
7 have asked for this time and time again. It
8 is very important. You can find some units
9 that have this --
10 ACTING PRESIDENT GRIFFO: Excuse
11 me, Senator Larkin.
12 Could we please have order so the
13 Senator may be heard.
14 Senator Larkin.
15 SENATOR LARKIN: Just recently,
16 we approved the City of Schenectady, City of
17 Amsterdam, Gloversville and Utica to do the
18 same thing, and they were done unanimous.
19 Why should our county that I
20 represent be denied this opportunity when
21 there are over $5 million to $7 million in
22 this package that would go back to the
23 municipalities? And you know and everybody
24 else knows that dollars are short. These
25 dollars could do some things that are
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1 important for the constituents.
2 And I hope you had a nice day
3 yesterday.
4 ACTING PRESIDENT GRIFFO: Senator
5 Montgomery.
6 SENATOR MONTGOMERY: Yes, thank
7 you, Mr. President.
8 I appreciate the explanation that
9 Senator Larkin has given. On the bill --
10 ACTING PRESIDENT GRIFFO: Senator
11 Montgomery, do you wish to speak on the bill
12 or ask a question?
13 SENATOR MONTGOMERY: I'll speak
14 on the bill, Mr. President.
15 ACTING PRESIDENT GRIFFO: Senator
16 Montgomery, on the bill.
17 SENATOR MONTGOMERY: Yes. This
18 is exactly the program that was voted on by
19 the New York City Council, I guess maybe about
20 ten years ago. And after that bill passed,
21 prior to that, the properties that the city
22 owned through the tax lien process were
23 available to citizens in the city who were
24 able to bid on and in many cases acquire those
25 properties.
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1 After a bill very, very exactly
2 similar to this passed the City Council, the
3 city began packaging the liens and selling
4 them to private parties outside of the state,
5 primarily, and it started a wholesale loss of
6 property to people in the City of New York,
7 especially in districts like mine in Brooklyn,
8 where there were essentially thousands of
9 pieces of property that went into this tax
10 lien pool.
11 And even though they could retrieve
12 their property, the owners of the property,
13 under certain conditions, under certain
14 circumstances, they were not basically able to
15 do that within the specified time. The cost
16 went up five and six times what the original
17 tax lien amount was, based on the requirements
18 of the third-party tax lien owners. And
19 subsequently, consequently, properties were
20 lost.
21 I'm opposed to this process because
22 basically those outfits, those entities that
23 are going to be in a position to purchase
24 these packages of tax liens are not people who
25 are interested in the development of any
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1 community, and very often it leads to
2 wholesale loss of property and people who
3 don't have the interest of communities to come
4 back and develop properties.
5 We lose the opportunities to
6 develop affordable housing, to have
7 not-for-profit organizations take properties
8 and develop it into affordable living
9 residences for the people who live in those
10 communities.
11 I've seen the negative effect of
12 this, and my warning to my colleagues is that
13 this is a trap, and take New York City as an
14 example. We can go through any of our blocks
15 and find the negative consequences of what I
16 consider to be certainly a very ill-advised
17 move on the part of New York City.
18 So if other municipalities want an
19 example of how awful this can be in the name
20 of raising funds, just look at New York City.
21 Mr. President, I vote no.
22 ACTING PRESIDENT GRIFFO: Senator
23 Larkin.
24 SENATOR LARKIN: I just want to
25 remind Senator Montgomery that this bill, the
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1 difference from the last year was one thing we
2 put in here after the debate last year which
3 Senator Duane brought up, why don't we have a
4 public hearing before there's a contract
5 signed. And as Senator Duane pointed out so
6 clearly, it was very important. And we put
7 that.
8 So what you're saying about all the
9 destruction -- but this is your City of
10 New York.
11 Senator Farley, who's diligently
12 working over here, will tell you how important
13 it was to his municipalities. The mayor of
14 Schenectady came here and begged us to pass it
15 for him. Am I correct, Senator?
16 SENATOR FARLEY: That's correct.
17 SENATOR LARKIN: So what we're
18 saying, we've done everything to protect.
19 But, you know, those are duly elected
20 officials in the City of New York.
21 Senator Duane said somebody should
22 be looking over their head and there should be
23 a public hearing. We put it in there,
24 Senator. Senator Montgomery, it's there. But
25 if you can't trust the councilmen that you
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1 represented, maybe you ought to go and speak
2 to the Speaker in the city.
3 ACTING PRESIDENT GRIFFO: Is
4 there any other Senator wishing to be heard?
5 Senator Stachowski.
6 SENATOR STACHOWSKI: Mr.
7 President, just on the issue, and it's the
8 same message I had last year.
9 I worked on the house flipping task
10 force in Buffalo. In Buffalo, this program
11 was a complete disaster. Not through
12 Buffalo's fault; it just turns out that they
13 had too many properties yearly on their in-rem
14 sale, so that all these properties that were
15 purchased on lien by the private company sat
16 there for two, three, four years with nothing
17 being done to them and became blights on the
18 neighborhoods that they were in.
19 They have recently worked out a
20 deal with the city to take these properties
21 back from them.
22 However, the same warning. I'll
23 tell you that it doesn't matter whether you
24 have a public hearing or not, you've got to
25 make sure that your local government does
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1 their due diligence on how their in-rem sale
2 goes every year, on whether they're going to
3 have houses standing there.
4 Fortunately, these worked in a lot
5 of the other areas, and in most parts of
6 New York City it worked also. Obviously now I
7 know it didn't work in Brooklyn. But I know
8 in Buffalo it was a disaster.
9 I was aware that it worked in
10 Schenectady before they expanded on it. I was
11 aware that it finally worked in Syracuse. But
12 I just, again, tell you that it did not work
13 in Buffalo. And that's just through the
14 circumstance of the way the in-rem sales work
15 in Buffalo and how many properties were
16 abandoned.
17 So that's the only warning I have
18 for everybody. It's something I would be
19 remiss if I didn't stand up and say it. But
20 if it works, good. And if it doesn't, well,
21 good luck with the properties you have sitting
22 there for three, four, five years.
23 I vote yes.
24 ACTING PRESIDENT GRIFFO: Any
25 other Senator wishing to be heard?
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1 Senator Farley.
2 SENATOR FARLEY: Yeah, just to
3 Senator Stachowski, I understand your concern
4 and so forth.
5 But let me just say how successful
6 this was for Schenectady, which had the worst
7 credit rating in New York State. And the
8 mayor, giving him due credit -- he once ran
9 against me. Worked for this house, as you
10 well know -- came up and asked for this. And
11 they had so many properties that were
12 delinquent, they weren't collecting and so
13 forth.
14 That, along with some other things,
15 turned it around. Moody's has raised their
16 credit rating. The city has really come back
17 financially, and this was just one of the keys
18 to the puzzle.
19 So it can work in some places, and
20 it certainly has worked here and worked in
21 Gloversville and a few other cities that I've
22 had.
23 ACTING PRESIDENT GRIFFO: Any
24 other Senator wishing to be heard?
25 The debate is closed. The
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1 Secretary will ring the bell.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: We have
9 two more bills that were laid aside. If the
10 members would choose to remain in the chamber,
11 that would help expedite the proceedings.
12 Announce the results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 262 are
15 Senators Adams, Gonzalez and Montgomery.
16 Absent from voting: Senators C.
17 Kruger, Little and Parker.
18 Ayes, 56. Nays, 3.
19 ACTING PRESIDENT GRIFFO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1280, by Senator Padavan, Senate Print 63A, an
23 act to amend the General Municipal Law.
24 SENATOR DUANE: Explanation,
25 please.
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1 ACTING PRESIDENT GRIFFO: An
2 explanation has been called for.
3 Again, I ask for order so that the
4 Senator may be heard.
5 Senator Padavan.
6 SENATOR PADAVAN: Thank you,
7 Mr. President.
8 This kept was developed largely by
9 the hard work of Assemblywoman Barbara Clark,
10 who recognized that in the City of New York
11 there was indeed a lack of resources to
12 adequately fund athletic programs in our high
13 schools.
14 And she came up with a concept that
15 I think makes a great deal of sense to
16 authorize the City of New York, by the City
17 Council, to impose a 3 percent surcharge on
18 the tickets to professional sporting events in
19 the city, for those funds to be used by our
20 high schools in the city to expand and
21 adequately provide for their recreational and
22 sports activities.
23 ACTING PRESIDENT GRIFFO: Thank
24 you, Senator Padavan.
25 Senator Duane.
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1 SENATOR DUANE: Thank you,
2 Mr. President. On the bill.
3 ACTING PRESIDENT GRIFFO: Senator
4 Duane, on the bill.
5 SENATOR DUANE: Well-intentioned
6 though this legislation may be, I have some
7 concerns about it which will lead me to vote
8 in the negative.
9 I think the first and most
10 overarching issue is that our tax levy dollars
11 should actually go towards the purchase of
12 athletic equipment and uniforms and to make
13 sure that there's space available for all
14 those who want to participate in sports and
15 other athletic activities in our schools. We
16 should just be doing that.
17 I recall a battle that I had with
18 what was then called the Board of Education
19 where small specialized schools were not being
20 provided with play space for their athletic
21 activities. And the policy of the Department
22 of Education was that all of the students in
23 the bigger schools had space, but they had a
24 policy that the students in the smaller
25 schools didn't have the space.
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1 So they said, Well, we don't have
2 the money for the students in the smaller
3 schools. So I said, Well, but if they were in
4 bigger schools before you had these smaller
5 schools, you'd have space for them. So why
6 don't you have space for them now? I mean,
7 isn't that what our tax levy dollars are
8 supposed to be used for?
9 So we should just be doing that.
10 If we think that sports and extracurricular
11 athletic activities are important, which they
12 are, I think they are, then we should be
13 funding them appropriately.
14 I think to place the burden -- you
15 know, there is a tremendous amount of public
16 benefit being given to our largest sports
17 teams, but this would be a tax which would be
18 equally shared by those that sat in the
19 bleachers, which are the only affordable seats
20 for the big stadiums, et cetera.
21 Also, you know, the Staten Island
22 Yankees are -- frankly, they're not doing too
23 well. And the Cyclones are doing okay; they
24 could be doing better. But to tax those seats
25 more I think will negatively impact the
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1 ability of those teams to fill those seats and
2 those stadiums. And in fact, many people can
3 only afford to go to those because the major
4 league stadium sites are just way too
5 expensive and will be even more expensive
6 after they're completed in large part thanks
7 to the public largesse.
8 So for the smaller facilities --
9 where families can actually afford to go and
10 watch the teams -- to have to pay a surcharge
11 I think is just not right.
12 And though Lady Liberty also does
13 pretty well, another example of why would we
14 be charging -- you know, the women's
15 basketball league does okay, but it certainly
16 doesn't do as well as the male major league
17 teams, and yet there would be a surcharge
18 there as well.
19 So if we are determined and if we
20 think it's a good goal to provide athletic
21 equipment and venues for students, then we
22 should just fund it. It should be -- we
23 should make the choice to spend money to make
24 sure that they have adequate equipment and
25 decent places to play, but we shouldn't do it
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1 at the expense of making it more difficult for
2 people to watch and families to watch some of
3 our less-advantaged sports teams in stadiums.
4 So as I say, well-intentioned
5 though this is, because I would like to see
6 athletic venues and equipment funded for
7 sports teams in our schools, I think that we
8 just have to hone this down a little bit
9 better. If we're going to tax something --
10 although, as I say, I'm not really sure that
11 that's the way to go. Either we just fund it
12 or we should find a way that's not going to
13 hurt people who can barely afford to see
14 athletic events anyway.
15 So I'll be voting in the negative
16 on this, Mr. President.
17 And also, I'm not even sure -- I
18 don't know whether the City of New York has
19 even asked for this. I mean, maybe they did,
20 but I'm not sure that they have in the
21 Department of Education. But in the scheme of
22 all the funding requests that they've made and
23 the taxation requests they've made to us, I'm
24 not sure where this is in the priority. I'd
25 kind of like to hear that from them as well.
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1 So I'll be voting in the negative,
2 Mr. President.
3 ACTING PRESIDENT GRIFFO: Is
4 there any other Senator wishing to be heard?
5 Senator Connor.
6 SENATOR CONNOR: Thank you,
7 Mr. President.
8 You know, this just points out
9 something that I'd like my colleagues who
10 aren't from the city to focus on. And I'm
11 going to vote for the bill. But I agree with
12 Senator Duane, it's a shame we have to do
13 something like this. We shouldn't have to.
14 The Department of Education, in my
15 mind, I don't know what they're doing. We
16 passed a record amount of school aid -- for
17 all of our schools, but for New York City --
18 last year, and we increased it this year as
19 part of the CFE settlement.
20 Now, prior to that, my son was in
21 public school, and he was captain of the golf
22 team. Parents had to pay a tuition for that,
23 toward supporting the team. He was on the
24 football team, and I was told that the
25 Department of Education was giving them
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1 something like $3,000 as a budget to run a
2 football program. Which in that high school,
3 by the way, was the old football team,
4 continuous, in America in a high school.
5 How did they have a football team?
6 You know, that's anywhere from 70 to 90 to a
7 hundred boys that need equipment, need to go
8 to camp to get in shape, need buses to take
9 them to games. Well, there was a tuition. In
10 public school, there was a tuition. Each
11 parent had to write a couple-of-hundred-dollar
12 check.
13 Now, I'm sure no one was turned
14 away from the program. I'm sure any parents
15 who couldn't afford it, it was just done
16 discreetly: Okay, you can play football. But
17 the other parents were paying for it. In a
18 public school. My colleagues upstate, is that
19 happens with your football teams?
20 By the way, couldn't afford to have
21 a marching band. Or, you know, the
22 cheerleaders had to buy their own uniforms.
23 That's what, in a school that's large enough
24 to be able to field teams -- because as
25 Senator Duane pointed out, these small schools
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1 don't get the benefit of any of those
2 extracurriculars. But that's what life is
3 like there.
4 They're not funded by the
5 Department of Education. I don't know what
6 they're doing with all this extra money. We
7 voted for more money this year, and the
8 Department of Education is cutting budgets in
9 schools. Why is that? Why do I have parents
10 say to me, Why are there budget cuts in my
11 schools, when we gave them more money than
12 they ever got before? It's going on right
13 now.
14 I fault the mayor for this. He's
15 in charge of the schools, and it's going on
16 right now. They got more money from the
17 state, and they're cutting budgets. And the
18 schools in my district are hopelessly
19 overcrowded. Not by accident, by policy. By
20 policy.
21 This mayor brought about the
22 rezoning of downtown Brooklyn. He brought
23 about -- after 9/11 he made the statement, he
24 and Deputy Mayor Doctoroff: "The future of
25 lower Manhattan is residential." And I
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1 remember testifying at a hearing right after
2 9/11 about rebuilding and saying, "If you're
3 going to make it residential, you need
4 schools, schools, schools, libraries and
5 playing fields." And the playing fields we
6 were able to accept are now woefully
7 inadequate.
8 There are two new schools online
9 now down there that will add 1200 seats.
10 Projections are by the time they're online,
11 we'll need twice as many again.
12 I happened to be in Lower Manhattan
13 on Saturday. I've never seen so many
14 strollers and baby carriages, frankly. The
15 mayor bragged at a recent event the highest
16 birth rate in America is in TriBeCa.
17 And they have a wonderful public
18 school there that real estate people encourage
19 people move in here, move in here because you
20 have the best public school, one of the best
21 in Manhattan. What they don't tell them, it's
22 at 160 percent capacity. There's no more room
23 there.
24 What is the Department of Education
25 doing? What has this mayor done? We're sick
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1 of all the overcrowded schools. We're sick of
2 budget cuts when we put more money in. And we
3 are sick of athletic programs that parents
4 have to pay for if they're fortunate enough to
5 be able to do so. Why, why isn't the
6 Department of Education taking care of our
7 children in New York City?
8 Thank you, Mr. President.
9 ACTING PRESIDENT GRIFFO: Senator
10 Padavan.
11 SENATOR PADAVAN: Thank you,
12 Mr. President. Just a couple of points. Just
13 a couple of points.
14 First, there's nothing in the bill
15 nor in the authorization that we give to the
16 City Council that would require the New York
17 Yankees or the Mets or any of the other larger
18 teams mandating they pass this 3 percent
19 across. They could absorb it if they choose
20 to.
21 And frankly, as you pointed out, I
22 think, or someone did, the amount of benefit
23 we have been giving these big sports teams in
24 the City of New York, building stadiums, in
25 all kinds of ways, all kinds of incentives, it
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1 seems to me that they could be motivated to
2 absorb that 3 percent so it would not impact
3 on the families or taking their kids to see a
4 ballgame.
5 The other point, one of the points
6 you made I think is answered in Article 7,
7 which is on the last page of the bill, where
8 it talks about how the monies are to be
9 utilized. And it's very specific. It talks
10 about sporting goods equipment, uniforms,
11 transportation to outside facilities or games,
12 expenses and fees for interschool and
13 intermural sports competitions, negotiated
14 rental items or fees for nonschool athletic
15 facilities.
16 As you pointed out, a lot of
17 schools just don't have the fields, so they
18 have to go somewhere else, and frequently
19 there are costs associated with that. And
20 these monies could be used to offset that
21 expense.
22 Many of you -- I'm sure I do, all
23 of you probably do -- get requests from the
24 teams and the various schools in your district
25 to buy an ad in their journal or to buy a
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1 ticket to their fundraiser, and all that money
2 is being used by them to enhance their
3 program. And we try to do our best, but it's
4 certainly not enough.
5 Studies have been coming out lately
6 at great frequency about problems of obesity
7 in our young children, health problems,
8 serious ones, because they're not involved in
9 more athletic activity. They're not getting
10 out from behind the computer or in front of
11 the TV screen and getting out on the ballfield
12 and exercising.
13 There's also been developed a
14 direct correlation between that fact and the
15 propensity of young people to get involved in
16 alcohol, drugs, and other addictions. In
17 other words, the more they are involved in
18 athletics, the less likely they are to get
19 involved in these other destructive forms of
20 behavior.
21 So there are a lot of pluses here.
22 But I want to reemphasize we are authorizing
23 the City Council of the City of New York,
24 along with the mayor, to do this. And
25 obviously we provide a lot of latitude and
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1 ways for them to implement this proposal.
2 Thank you, Mr. President.
3 ACTING PRESIDENT GRIFFO: Thank
4 you, Senator Padavan.
5 Any other Senator wishing to be
6 heard?
7 The debate is closed. The
8 Secretary will ring the bell.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Adams, to explain his vote.
17 SENATOR ADAMS: I just want to
18 explain my vote.
19 I'm going to vote in the
20 affirmative. I agree with my colleagues on
21 the importance of having athletic programs.
22 And I think we have to continue to
23 raise the question, as Senator Connor raised,
24 of why are we seeing millions of dollars
25 poured into those consultants, millions of
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1 dollars going to no-bid contracts. The only
2 thing that seems to be going up are those
3 no-bid contracts and those consultants in the
4 Department of Education -- yet we see a
5 decrease in after-school programs, a decrease
6 in our sports funding, a decrease in those
7 special programs for our youth to prevent them
8 from participating in violence.
9 So I think it's imperative that we
10 ask those questions and protect the funding
11 that goes to our athletic programs, that they
12 don't find themselves, the funding, off the
13 athletic fields and into the pockets of
14 consultants and independent no-bid contracts.
15 I'm going to vote in the
16 affirmative because it's important to continue
17 the support and the financial support of these
18 sports programs.
19 ACTING PRESIDENT GRIFFO: Senator
20 Adams to be recorded in the affirmative.
21 Senator Hassell-Thompson, to
22 explain her vote.
23 SENATOR HASSELL-THOMPSON: Thank
24 you, Mr. President.
25 While I agree with Senator Connor
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1 that we work very hard to put an adequate
2 amount of funding into our educational
3 programs, it is very clear that our schools
4 continue to lose the ability to support the
5 athletic programs that are very important to
6 our children.
7 We have talked in these chambers
8 about obesity, and I appreciate the fact that
9 I hear Senator Padavan now talking about
10 obesity and not just eating disorders. Our
11 children belong to the era of technology, and
12 yet they do not have the kind of physical
13 achievement unless they play basketball,
14 unless they play a sport that they think is
15 going to take them to stardom.
16 Every child needs to have
17 activities, even those who are not good at
18 sports. And so that our schools continue to
19 lack the playground area, the equipment
20 necessary to ensure that every child has some
21 physical education.
22 This is not perhaps the best way
23 that we should be doing this, but at least
24 it's one creative way that we need to address
25 this issue. And I would hope that as we begin
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1 next year that we will talk about across the
2 board reforms that really look at the things
3 that are lacking in our schools, as well as
4 our music and culture, so that we have a
5 better-balanced idea of what we're funding for
6 every schoolchild in the State of New York.
7 Thank you, Mr. President. I will
8 be voting in favor of the bill.
9 ACTING PRESIDENT GRIFFO: Senator
10 Hassell-Thompson to be recorded in the
11 affirmative.
12 Announce the results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 1280 are
15 Senators Bonacic, DeFrancisco, Duane,
16 Fuschillo, Griffo, Hannon, C. Johnson,
17 LaValle, Libous, Little, Marcellino, Maziarz,
18 Morahan, Robach, Saland, Savino, Skelos,
19 Stachowski, Thompson, Winner and Young. Also
20 Senator Valesky.
21 Absent from voting: Senator
22 Parker.
23 Ayes, 39. Nays, 22.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1766, substituted earlier today by Member of
4 the Assembly Markey, Assembly Print Number
5 3689B, an act to amend the Agriculture and
6 Markets Law.
7 ACTING PRESIDENT GRIFFO: Senator
8 Krueger.
9 SENATOR LIZ KRUEGER: Mr.
10 President, I have an amendment at the desk.
11 I'd like to waive reading and speak on my
12 amendment.
13 ACTING PRESIDENT GRIFFO: The
14 reading is waived, and you may be heard on the
15 amendment.
16 SENATOR LIZ KRUEGER: Thank you,
17 Mr. President.
18 Colleagues, the bill that I am
19 amending would create a task force to study
20 the problem of downed animals. I don't think
21 we need any more study. Research has been
22 done around the world. A significant number
23 of other states, including California,
24 Colorado, Florida, Illinois, Kansas, Oregon,
25 Washington State, and a number of localities
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1 around the country have already passed
2 legislation that mirrors my legislation, today
3 in amendment to the bill --
4 ACTING PRESIDENT GRIFFO: Excuse
5 me, Senator Krueger.
6 May we have some order, please, in
7 the chamber.
8 Thank you, Senator Krueger.
9 SENATOR LIZ KRUEGER: Thank you,
10 Mr. President. Thank you, colleagues.
11 So my bill, which today is an
12 amendment to Senator Young's bill, would in
13 fact create a no-downed-animal ordinance right
14 here in New York State.
15 A few months ago the City of New
16 York's public school system pulled hamburger
17 out of our school meals program because of
18 reports from around the country for specific
19 companies having used downed animals in the
20 food chain, creating dangerous and at-risk
21 meat.
22 What is a downed animal? A downed
23 animal is an animal too sick to walk to the
24 slaughterhouse.
25 Research has shown that downed
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1 animals are afflicted with a myriad of
2 ailments besides mad cow disease. The U.S.
3 Department of Agriculture has records obtained
4 through the Freedom of Information Act showing
5 explicitly that the consumption of meat from
6 downed animals -- cattle, sheep and swine --
7 can be afflicted with hepatitis, gangrene,
8 pneumonia, malignant lymphomas and other
9 ailments. Downed animals are also more likely
10 to harbor bacterial contamination than walking
11 animals.
12 This is a fundamental public health
13 issue. An animal too sick to walk to the
14 slaughterhouse, animals that have been
15 recorded as being dragged in chains and
16 shocked electrically to push them to the
17 slaughterhouse, in fact are sick. We should
18 not be eating them. Our children should not
19 be eating them.
20 McDonald's, Burger King, Wendy's
21 have already voluntarily excluded downed
22 animal meat from their systems because of
23 their recognition that this is not the quality
24 of meat that should be served to human beings.
25 A recent Zogby poll showed that
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1 four out of five Americans are opposed to the
2 use of downed animals in the human food
3 supply.
4 Even the largest livestock
5 operation in New York State, the Empire
6 Livestock Marketing Company, has written a
7 letter -- and they have 60 percent of the
8 market share in our region -- arguing that
9 they do not use downed animal meat for human
10 consumption and they don't think anyone
11 should.
12 We're past the time for study. We
13 should outlaw downed animal meat for human
14 consumption in the State of New York. The
15 federal government has bills that have just
16 missed passing several times. We can't wait
17 for them any longer. We need to follow the
18 pattern of other states who have moved forward
19 to protect their citizens.
20 I urge my colleagues to vote with
21 me today on this amendment.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Thank
24 you, Senator Krueger.
25 Senator Young.
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1 SENATOR YOUNG: Would Senator
2 Krueger yield for a question.
3 ACTING PRESIDENT GRIFFO: Senator
4 Krueger, would you yield for a question?
5 SENATOR LIZ KRUEGER: Certainly.
6 ACTING PRESIDENT GRIFFO: Senator
7 Young.
8 SENATOR YOUNG: Thank you,
9 Senator Krueger.
10 Mr. President, we've established
11 this before, but I just wanted an update.
12 Senator Krueger has told me in the past that
13 the only time she's spent on a farm was in a
14 kibbutz in Israel. Maybe she's gone upstate
15 since then, I don't know, and she's spent time
16 on farms upstate.
17 But I guess my question is, Senator
18 Krueger, what makes you qualified to make ag
19 policy when you've never set foot on a farm in
20 upstate New York?
21 ACTING PRESIDENT GRIFFO: Senator
22 Krueger.
23 SENATOR LIZ KRUEGER: Thank you.
24 Well, I've certainly set foot in
25 upstate New York. And I think since our last
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1 debate I've even visited several farms in
2 upstate New York.
3 But I'm not sure the argument is
4 one of geography. It is one of health and
5 science. The science is there showing that
6 downed animals in fact have a greater rate of
7 illness that in fact can be transferred to
8 human beings. The U.S. Department of
9 Agriculture, our national agency in charge of
10 food inspection, has documented this data
11 through various reports.
12 Other states have carried forward
13 with this legislation. Our federal
14 government, in the House and the Senate, have
15 just missed passing a similar bill. Any
16 number of other states have already passed the
17 bill.
18 And of course we also know that
19 several other countries around the world won't
20 accept our imports of meat because of their
21 concerns about the quality of the health of
22 the meat that we are not only consuming
23 ourselves but making available for export.
24 So I'm not sure that my geographic
25 location of my home or my travels is really
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1 the relevant question. The science is there,
2 and I'll stand by the science.
3 ACTING PRESIDENT GRIFFO: Senator
4 Young.
5 SENATOR YOUNG: Thank you. On
6 the amendment.
7 ACTING PRESIDENT GRIFFO: Senator
8 Young, on the amendment.
9 SENATOR YOUNG: You know,
10 actually there already are federal and state
11 regulations that do not allow a downed animal
12 to be introduced into the food supply. That's
13 very clear.
14 What is clear, though, also is that
15 Senator Krueger's amendment doesn't have
16 anything to do with whether they can enter the
17 food supply. It actually has to do with the
18 treatment of a downed animal once they're
19 down.
20 So, for example, it prohibits the
21 movement of a downed animal -- and by that it
22 could be a cow that breaks a leg or hurts its
23 foot -- until a veterinarian comes and checks
24 the animal out.
25 That's the reason why I asked
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1 Senator Krueger about her exposure to
2 agricultural practices in upstate New York,
3 because oftentimes what we face in upstate
4 New York is the fact that we do not have
5 enough large animal veterinarians.
6 And what that means is that this
7 amendment actually could have quite the
8 opposite effect of its intention. Because if
9 you have to wait for a veterinarian to show up
10 on the scene before you moved a downed animal,
11 you could cause that animal to suffer
12 needlessly for hours and perhaps even days.
13 So that part of the amendment
14 really doesn't make a lot of sense. It also
15 talks about undue delay, but it's not clearly
16 defined.
17 And also, if you don't actually
18 treat a downed animal -- and I have to say
19 that a lot of our farmers are
20 jacks-of-all-trades. What that means is they
21 wear many hats. They're able to treat these
22 animals until the vet gets there. But if you
23 have to wait for the vet, it's going to cause
24 a lot of distress, not only for that animal
25 but also a lot of distress for the other
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1 animals.
2 For example -- and again, practical
3 application -- if a cow breaks its leg right
4 in front of a milking parlor and the farmer
5 can't do anything to move or treat the animal
6 or to anything until a vet gets there, then
7 you have all the other cows that are in
8 distress because they can't be milked, for
9 example.
10 So this creates a lot of problems.
11 And I don't think that that's Senator
12 Krueger's intent. I think that she wants
13 humane treatment of animals. I believe
14 everyone in this chamber wants that same goal.
15 But this amendment really does not cover it.
16 You know, the other problem with it
17 is that it prohibits any kind of movement of
18 the animal except by a sled. Well, sometimes
19 in upstate New York there's topography that
20 prohibits that.
21 I live in the Southern Tier, in
22 Western New York. We have mountains, we have
23 woods, we have everything that we have to deal
24 with.
25 And I believe that the farmer
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1 should have the latitude to be able to care
2 for the animal to how he or she thinks is best
3 that fits the situation. To try to legislate
4 that is the wrong direction, and that's why I
5 think everyone should oppose this amendment.
6 Thank you.
7 ACTING PRESIDENT GRIFFO: Senator
8 Krueger.
9 SENATOR LIZ KRUEGER: Thank you.
10 On my amendment, Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Krueger, on her amendment.
13 SENATOR LIZ KRUEGER: I
14 appreciate the dialogue on my amendment. And
15 I just wanted to clarify that my bill doesn't
16 require a veterinarian. It does require that
17 there is humane treatment of the animal even
18 if a veterinarian is not available, that we
19 should not have undue delay.
20 I agree with Senator Young that you
21 should not cause harm or further harm or
22 trauma to the ill animal or any animals around
23 it. And again, my bill lays out specifically
24 a number of options for the moving of an
25 animal, so it does not require specifically
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1 one type of product.
2 But again, what I think is the
3 primary purpose of the legislation -- and I
4 would certainly be happy to discuss it with
5 the Senator after session -- is to make sure
6 that sick meat is not going into our supply.
7 And my reason for amending her bill
8 today is I don't think we need a task force to
9 study the question any longer, I think the
10 State of New York needs to move. Because in
11 fact the USDA hasn't mandated these
12 requirements on our food supply; that's why we
13 still have federal legislation pending, S.394
14 in the U.S. Senate and House 661 in the U.S.
15 House of Representatives, in fact titled the
16 "Downed Animal and Food Safety Protection
17 Act."
18 So we can agree to disagree on the
19 handling of an animal that is too ill to go to
20 the slaughterhouse to become food for
21 consumption. I think the important priority
22 here today for us is to make sure sick meat is
23 not going into the food supply.
24 Thank you, Mr. President.
25 ACTING PRESIDENT GRIFFO: Thank
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1 you, Senator Krueger.
2 On the amendment, those Senators in
3 favor please signify by raising your hands.
4 THE SECRETARY: Those recorded in
5 agreement are Senators Adams, Breslin, Connor,
6 Dilan, Duane, Gonzalez, Hassell-Thompson,
7 Huntley, Klein, L. Krueger, Montgomery,
8 Onorato, Oppenheimer, Perkins, Sabini,
9 Sampson, Savino, Schneiderman, Serrano, Smith,
10 Stachowski, Stavisky, Stewart-Cousins and
11 Thompson.
12 ACTING PRESIDENT GRIFFO: The
13 amendment is not agreed to.
14 Is there any other Senator wishing
15 to be heard on the bill?
16 Senator Young.
17 SENATOR YOUNG: Yes,
18 Mr. President, on the bill in chief.
19 I want to thank my colleagues for
20 supporting this because it does take
21 additional steps to ensure a safe food supply.
22 But at the same time, this task force will
23 study how to treat downed animals. Because
24 you can come up with policies, but unless you
25 have a task force that looks at how things
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1 would work literally out in the field -- how
2 practical they are, what solutions can we come
3 to -- that's the way to go, rather than
4 legislate something from Albany that doesn't
5 work on the farm.
6 I do want to also point out that
7 the Farm Bureau opposed Senator Krueger's
8 amendment, but they strongly support this
9 particular bill. They are the leading voice
10 of agriculture, one of the leading voices of
11 agriculture in New York State. I believe that
12 we should listen to them, we should listen to
13 the farmers. And I would urge everyone to
14 support this legislation.
15 Thank you.
16 ACTING PRESIDENT GRIFFO: Thank
17 you, Senator Young.
18 Any other Senator wishing to be
19 heard?
20 Then debate is closed. The
21 Secretary will ring the bell.
22 The Secretary will read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: In relation to
5 Calendar Number 1766: Ayes, 61. Nays, 0.
6 Senator Parker absent from voting.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 Senator Morahan, that completes the
10 controversial reading of the calendar.
11 SENATOR MORAHAN: Thank you,
12 Mr. President.
13 Could we return to motions and
14 resolutions, please.
15 ACTING PRESIDENT GRIFFO: On
16 motions and resolutions.
17 SENATOR MORAHAN: Mr. President,
18 in the meantime, there's going to be an
19 immediate meeting of the Rules Committee in
20 the Majority Conference Room.
21 ACTING PRESIDENT GRIFFO: There
22 will be an immediate meeting of the Rules
23 Committee in the Majority Conference Room,
24 Room 332.
25 We will continue with motions and
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1 resolutions.
2 Senator Fuschillo.
3 SENATOR FUSCHILLO: Thank you,
4 Mr. President.
5 Amendments are offered to the
6 follow Third Reading Calendar bills:
7 Sponsored by Senator Morahan, page
8 number 38, Calendar Number 1010, Senate Print
9 Number 8058A;
10 By Senator Morahan, page number 42,
11 Calendar Number 1143, Senate Print Number
12 4939;
13 By Senator Owen Johnson, page
14 number 59, Calendar Number 1427, Senate Print
15 Number 7653B;
16 By Senator Morahan, page number 59,
17 Calendar Number 1433, Senate Print Number
18 8051;
19 By Senator Fuschillo, page number
20 64, Calendar Number 1522, Senate Print Number
21 1312A.
22 I now move that these bills retain
23 their place on the order of third reading.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Fuschillo. The amendments are
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1 received and adopted, and the bills will
2 retain their place on the Third Reading
3 Calendar.
4 Senator Fuschillo.
5 SENATOR FUSCHILLO: Mr.
6 President, on behalf of Senator Seward, I wish
7 to call up Senate Print Number 8435, which is
8 at the desk.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 1768, by Senator Seward, Senate Print 8435, an
13 act to amend Chapter 549 of the Laws of 2005.
14 SENATOR FUSCHILLO: I now move to
15 reconsider the vote by which this bill was
16 passed and ask that the bill be restored to
17 the order of third reading.
18 ACTING PRESIDENT GRIFFO: Call
19 the roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT GRIFFO: The
23 bill is restored to third reading.
24 The Senate stands at ease pending
25 the return of the Rules Committee.
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1 (Whereupon, the Senate stood at
2 ease at 5:29 p.m.)
3 (Whereupon, the Senate reconvened
4 at 5:45 p.m.)
5 ACTING PRESIDENT GRIFFO: The
6 Senate will come to order.
7 Senator Morahan.
8 SENATOR MORAHAN: Thank you,
9 Mr. President. Can we return to the reports
10 of standing committees for the report of the
11 Rules Committee.
12 Is there a Rules report at the
13 desk?
14 ACTING PRESIDENT GRIFFO: The
15 Rules report is at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator Bruno,
18 from the Committee on Rules, reports the
19 following bills:
20 Senate Print 178B, by Senator
21 Alesi, an act to amend the Education Law;
22 206, by Senator Golden, an act to
23 amend the State Finance Law;
24 1084A, by Senator Saland, an act to
25 amend the Environmental Conservation Law and
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1 others;
2 1628A, by Senator Maziarz, an act
3 to amend the Labor Law;
4 1955A, by Senator Leibell, an act
5 to amend the Public Health Law;
6 2177B, by Senator Lanza, an act to
7 amend the Tax Law;
8 2645B, by Senator Seward, an act to
9 amend the Insurance Law;
10 4333B, by Senator Young, an act to
11 amend the Agriculture and Markets Law;
12 4489, by Senator Skelos, an act to
13 authorize;
14 4637C, by Senator Rath, an act to
15 amend the Environmental Conservation Law;
16 5034, by Senator Fuschillo, an act
17 to amend the Education Law;
18 5091B, by Senator DeFrancisco, an
19 act to amend the Domestic Relations Law and
20 others;
21 5308A, by Senator Marcellino, an
22 act to amend the Education Law;
23 5525A, by Senator Thompson, an act
24 relating to certain bonds issued;
25 6878, by Senator Stewart-Cousins,
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1 an act to amend the Local Finance Law;
2 6882, by Senator Volker, an act to
3 amend the Environmental Conservation Law;
4 7045A, by Senator Flanagan, an act
5 to authorize;
6 7128A, by Senator C. Kruger, an act
7 to authorize;
8 7180, by Senator Robach, an act to
9 amend the State Finance Law;
10 7335, by Senator Larkin, an act to
11 authorize;
12 7943, by Senator Flanagan, an act
13 to amend the Public Officers Law;
14 8023, by Senator Winner, an act to
15 amend the Public Lands Law;
16 8111A, by Senator LaValle, an act
17 to amend the Town Law;
18 8306, by Senator Farley, an act to
19 authorize;
20 8388, by Senator Saland, an act to
21 amend the Town Law;
22 8399, by Senator Golden, an act to
23 amend the Penal Law;
24 8425, by Senator Alesi, an act to
25 amend Chapter 831 of the Laws of 1981.
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1 And Senate Print 8522, by Senator
2 Bruno, an act to amend the Education Law.
3 All bills ordered direct to third
4 reading.
5 ACTING PRESIDENT GRIFFO: Senator
6 Morahan.
7 SENATOR MORAHAN: Mr. President,
8 move to accept the report of the Rules
9 Committee.
10 ACTING PRESIDENT GRIFFO: All in
11 favor of accepting the report of the Rules
12 Committee signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT GRIFFO: The
18 Rules Committee report is accepted.
19 Senator Morahan.
20 SENATOR MORAHAN: Mr. President,
21 could we now have the noncontroversial reading
22 of Supplemental Calendar 59A.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
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1 1769, by Senator Alesi, Senate Print 178B, an
2 act to amend the Education Law.
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, 62.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1770, by Senator Golden, Senate Print 206, an
15 act to amend the State Finance Law.
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, 62.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1771, by Senator Saland, Senate Print 1084A,
3 an act to amend the Environmental Conservation
4 Law and others.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 8. This
8 act shall take effect on the 180th day.
9 ACTING PRESIDENT GRIFFO: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Senator
13 Schneiderman.
14 SENATOR SCHNEIDERMAN: Thank you.
15 To explain my vote, Mr. President.
16 I have joined many of my colleagues
17 in voting against this bill in the past, and I
18 will do so again today.
19 This legislation provides an
20 extremely vague provision that can exempt
21 large areas of the state from the requirement
22 that we test well water. And as we know,
23 because of the dumping of toxic materials over
24 many, many decades in parts of the State of
25 New York, whether it's oil or fiberglass or
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1 other substances, it's possible to have, in an
2 area of the state where the water is
3 relatively pristine, a small microenvironment
4 where the wells are in fact poisoned.
5 This bill provides an exemption
6 that is not done in other states that have had
7 a tradition of industrial development since
8 the 1800s, as New York has. And I think it is
9 just unacceptably dangerous. There is a
10 public health hazard involved in removing the
11 requirement that we test well water.
12 And I think it's important to take
13 note that the Assembly has got a much more
14 comprehensive bill that has a more coherent
15 way of choosing and documenting what water
16 needs to be tested and doesn't need to be
17 tested, and that's sponsored by Assemblymember
18 Jaffee.
19 This bill, which is another one of
20 our oldies but goodies, it just provides that
21 the Department of Environmental Conservation
22 may, pursuant to a finding that there's not a
23 health threat, exclude or limit the testing.
24 It doesn't tell us what that is, doesn't tell
25 us what that means.
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1 This is not an acceptable way to
2 reduce our protection of the public health of
3 the citizens of the State of New York. I urge
4 everyone to vote no, and I urge the sponsor to
5 take a look at the Assembly bill.
6 ACTING PRESIDENT GRIFFO: Senator
7 Schneiderman to be recorded in the negative.
8 Announce the results.
9 THE SECRETARY: Those recorded in
10 the negative on Calendar Number 1771 are
11 Senators Adams, Breslin, Diaz, Dilan, Duane,
12 Hassell-Thompson, Huntley, L. Krueger, Little,
13 Oppenheimer, Perkins, Sabini, Savino,
14 Schneiderman, Serrano, Smith, Stachowski, and
15 Stewart-Cousins. Also Senator Stavisky. Also
16 Senator Onorato. Also Senator Montgomery.
17 Ayes, 41. Nays, 21.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1772, by Senator Maziarz, Senate Print 1628A,
22 an act to amend the Labor 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 90th day.
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 1773, Senator Leibell moves to
10 discharge, from the Committee on Health,
11 Assembly Bill Number 538A and substitute it
12 for the identical Senate Bill Number 1955A,
13 Third Reading Calendar 1773.
14 ACTING PRESIDENT GRIFFO:
15 Substitution ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1773, by Member of the Assembly Paulin,
19 Assembly Print Number 538A, 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 15th of August.
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: Calendar Number
7 1774, by Senator Lanza, Senate Print 2177B, an
8 act to amend the Tax Law.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 7. This
12 act shall take effect April 1, 2009.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59. Nays,
17 3. Senators Duane, L. Krueger and Perkins
18 recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1776, by Senator Young, Senate Print 4333B, an
23 act to amend the Agriculture and Markets Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 3. 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, 62.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1777, by Senator Skelos, Senate Print 4489, an
11 act to authorize.
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, 59. Nays,
20 3. Senators Bonacic, Larkin and Rath recorded
21 in the negative.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1778, by Senator Rath, Senate Print 4637C, an
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1 act to amend the Environmental Conservation
2 Law.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 10. 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 Rath.
12 SENATOR RATH: To explain my
13 vote, Mr. President.
14 This bill is named the Bruce S.
15 Kershner Old-Growth Forest Preservation and
16 Protection Act. I bring this to the attention
17 of the members because Bruce Kershner was a
18 Western New Yorker who was an ardent supporter
19 of old-growth forests.
20 In a time when most people believed
21 there were no more old-growth forests in New
22 York State, he worked tirelessly to find those
23 remnants of forest in New York State, and
24 indeed there are hundreds of acres in various
25 pockets across the state. These areas have
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1 never been logged since the arrival of the
2 first Europeans. Several hundred of those
3 acres are right here in the Albany/Capital
4 District area.
5 Tragically, Mr. Kershner passed
6 away a year ago. This bill was under
7 consideration at the time. He was very
8 enthusiastic. It's been supported by the
9 Sierra Club, the Conservation Conservancy.
10 And the purpose of the old-growth
11 forest is that they are the building blocks
12 for restoring natural forest structures and
13 maintaining ecological diversity.
14 This session, this may go down as
15 one of the most unusual bills and one we can
16 be proudest of, that we have preserved
17 old-growth forests in New York State. Thank
18 you for supporting it.
19 ACTING PRESIDENT GRIFFO: Senator
20 Rath to be recorded in the affirmative.
21 Senator Stachowski, to explain his
22 vote.
23 SENATOR STACHOWSKI: Yes, Mr.
24 President, I'd like to rise in support of this
25 bill also.
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1 In fact, Senator Rath actually had
2 a very interesting presentation set up out in
3 the Woodlawn Beach area this past spring, I
4 think it was, and I went over and got the
5 whole presentation on old-growth forests and
6 thought it was a great idea.
7 And I'm glad that we're doing this
8 bill, and we hope that this becomes law,
9 because this is a great bill, as Senator Rath
10 said. And it's a very important bill in that
11 we protect our old-growth forests.
12 I vote yes.
13 ACTING PRESIDENT GRIFFO: Senator
14 Stachowski to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: Ayes, 62. Nays,
17 0.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1779, by Senator Fuschillo, Senate Print --
22 SENATOR MORAHAN: Lay it aside
23 for the day.
24 ACTING PRESIDENT GRIFFO: Lay it
25 aside for the day.
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1 THE SECRETARY: Calendar Number
2 1780, by Senator DeFrancisco, Senate Print
3 5091B, an act to amend the Domestic Relations
4 Law and others.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 21. 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 1781, by Senator Marcellino, Senate Print
17 5308A, an act to amend the Education Law.
18 ACTING PRESIDENT GRIFFO: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect January 1, 2009.
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 1782, Senator Thompson moves
5 to discharge, from the Committee on Rules,
6 Assembly Bill Number 7817A and substitute it
7 for the identical Senate Bill Number 5525A,
8 Third Reading Calendar 1782.
9 ACTING PRESIDENT GRIFFO:
10 Substitution ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1782, by Member of the Assembly Peoples,
14 Assembly Print Number 7817A, an act relating
15 to certain bonds.
16 ACTING PRESIDENT GRIFFO: There
17 is a home-rule message at the desk.
18 Read 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, 62.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: In relation to
3 Calendar Number 1783, Senator Stewart-Cousins
4 moves to discharge, from the Committee on
5 Local Government, Assembly Bill Number 9887
6 and substitute it for the identical Senate
7 Bill Number 6878, Third Reading Calendar
8 Number 1783.
9 ACTING PRESIDENT GRIFFO:
10 Substitution ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1783, by Member of the Assembly Pretlow,
14 Assembly Print Number 9887, an act to amend
15 the Local Finance Law.
16 ACTING PRESIDENT GRIFFO: There
17 is a home-rule message at the desk.
18 Read 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, 62.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: In relation to
3 Calendar Number 1784, Senator Volker moves to
4 discharge, from the Committee on Environmental
5 Conservation, Assembly Bill Number 734 and
6 substitute it for the identical Senate Bill
7 Number 6882, Third Reading Calendar 1784.
8 ACTING PRESIDENT GRIFFO:
9 Substitution ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1784, by Member of the Assembly DelMonte,
13 Assembly Print Number 734, an act to amend the
14 Environmental Conservation 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, 62.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1785, by Senator Flanagan, Senate Print 7045A,
2 an act to authorize.
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: Those recorded in
11 the negative on Calendar Number 1785 are
12 Senators Bonacic, Larkin and Rath.
13 Ayes, 59. Nays, 3.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: In relation to
17 Calendar Number 1786, Senator C. Kruger moves
18 to discharge, from the Committee on Rules,
19 Assembly Print Number 10089A and substitute it
20 for the identical Senate Bill Number 7128A,
21 Third Reading Calendar 1786.
22 ACTING PRESIDENT GRIFFO:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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1 1786, by Member of the Assembly Weinstein,
2 Assembly Print Number 10089A, an act to
3 authorize.
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: Those recorded in
12 the negative on Calendar Number 1786 are
13 Senators Bonacic, Larkin and Rath.
14 Ayes, 59. Nays, 3.
15 ACTING PRESIDENT GRIFFO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1787, by Senator Robach Senate Print 7180, an
19 act to amend the State Finance Law.
20 ACTING PRESIDENT GRIFFO: Can we
21 have order, please.
22 Read 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: Calendar Number
7 1788, by Senator Larkin, Senate Print 7335, an
8 act to authorize the County of Orange.
9 ACTING PRESIDENT GRIFFO: There
10 is a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 7. 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, 62.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 1789, Senator Flanagan moves
22 to discharge, from the Committee on
23 Investigations and Government Operations,
24 Assembly Bill Number 3403 and substitute it
25 for the identical Senate Bill Number 7943,
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1 Third Reading Calendar 1789.
2 ACTING PRESIDENT GRIFFO:
3 Substitution ordered.
4 And the Secretary will read.
5 THE SECRETARY: Calendar Number
6 1789, by Member of the Assembly Diaz, Assembly
7 Print Number 3403, an act to amend the Public
8 Officers 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, 62.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1790, by Senator Winner, Senate Print 8023, an
21 act to amend the Public Lands Law.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 30th day.
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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: Calendar Number
8 1791, by Senator LaValle, Senate Print 8111A,
9 an act to amend the Town Law.
10 ACTING PRESIDENT GRIFFO: There
11 is a home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 3. 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, 62.
19 ACTING PRESIDENT GRIFFO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1792, by Senator Farley, Senate Print 8306, an
23 act to authorize the City of Schenectady in
24 the County of Schenectady.
25 ACTING PRESIDENT GRIFFO: There
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1 is a home-rule message at the desk.
2 The Secretary will read the last
3 section.
4 THE SECRETARY: Section 3. 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, 62.
10 ACTING PRESIDENT GRIFFO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1793, by Senator Saland, Senate Print 8388, an
14 act to amend the Town 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, 62.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1795, by Senator Golden, Senate Print 8399, an
2 act to amend the Penal Law.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 2. 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 ACTING PRESIDENT GRIFFO: Senator
11 Krueger, to explain her vote.
12 SENATOR LIZ KRUEGER: Thank you,
13 Mr. President.
14 So I read the bill, and I have to
15 say, well, I think I understand the point of
16 the sponsor that we want to pay extra-careful
17 attention for protecting senior citizens over
18 the age of 65 from being taken advantage of or
19 robbed of their property.
20 But as I read the bill, that
21 regardless of the nature or value of the
22 property, if the person doing the stealing is
23 ten years or more younger than the
24 65-year-old, then it's an increased crime.
25 So as I understand the bill, if I'm
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1 85 and I rob a 95-year-old, then I have a
2 greater penalty than if I'm 54 and rob a
3 64-year-old. And I just don't think we want
4 to go down this road in criminal justice in
5 New York.
6 So I'll be voting no. Thank you.
7 ACTING PRESIDENT GRIFFO: Senator
8 Krueger to be recorded in the negative.
9 Announce the results.
10 THE SECRETARY: Ayes, 61. Nays,
11 1. Senator L. Krueger recorded in the
12 negative.
13 ACTING PRESIDENT GRIFFO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1796, by Senator Alesi, Senate Print 8425, an
17 act to amend Chapter 831 of the Laws of 1981.
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: Calendar Number
4 1797, by Senator Bruno, Senate Print 8522, an
5 act to amend the Education Law.
6 ACTING PRESIDENT GRIFFO: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT GRIFFO: Senator
14 Krueger, to explain her vote.
15 SENATOR LIZ KRUEGER: Thank you,
16 Mr. President.
17 We debated this bill, or a
18 variation on it, last year. And again, as I
19 understand this bill, it's sort of the
20 grandmother or grandfather of all unfunded
21 mandates. The locality would be allowed to
22 stop paying their -- collecting their taxes at
23 the local level, send the bill to the state
24 without an explanation of where we would come
25 up with the money, that is estimated over a
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1 five-year period to be over $11 billion.
2 These are the kinds of bills we
3 should deal with in the context of the budget,
4 not as freestanding bills. And again, how in
5 a tough fiscal time are we going to deal with
6 such an enormous unfunded mandate? I don't
7 understand how we could vote for this today.
8 I'll vote no. Thank you,
9 Mr. President.
10 ACTING PRESIDENT GRIFFO: Senator
11 Krueger to be recorded in the negative.
12 Announce the results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 1797 are
15 Senators Hassell-Thompson, L. Krueger and
16 Sabini.
17 Ayes, 59. Nays, 3.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 Senator Morahan, that completes the
21 noncontroversial reading of Calendar 59A.
22 SENATOR MORAHAN: Thank you,
23 Mr. President.
24 Could we now have an immediate
25 meeting of the Rules Committee in the Majority
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1 Conference Room.
2 ACTING PRESIDENT GRIFFO: There
3 will be an immediate meeting of the Rules
4 Committee in the Majority Conference Room,
5 Room 332.
6 SENATOR MORAHAN: And the Senate
7 will stand at ease in the meantime.
8 ACTING PRESIDENT GRIFFO: The
9 Senate stands at ease.
10 (Whereupon, the Senate stood at
11 ease at 6:10 p.m.)
12 (Whereupon, the Senate reconvened
13 at 6:26 p.m.)
14 ACTING PRESIDENT GRIFFO: The
15 Senate will come to order.
16 Senator Morahan.
17 SENATOR MORAHAN: Thank you,
18 Mr. President.
19 Could we now return to reports of
20 standing committees.
21 ACTING PRESIDENT GRIFFO: We will
22 return to reports of standing committees.
23 SENATOR MORAHAN: I understand
24 there's a Rules report at the desk.
25 ACTING PRESIDENT GRIFFO: The
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1 Secretary will read the report of the Rules
2 Committee.
3 THE SECRETARY: Senator Bruno,
4 from the Committee on Rules, reports the
5 following bills:
6 Senate Print 6201A, by Senator
7 Duane, an act to amend the Domestic Relations
8 Law;
9 7246B, by Senator Larkin, an act to
10 amend the Agriculture and Markets Law;
11 7346, by Senator LaValle, an act to
12 amend the Town Law;
13 7358A, by Senator Farley, an act to
14 amend the Banking Law;
15 7490A, by Senator Winner, an act to
16 amend the Education Law;
17 7520A, by Senator Trunzo, an act to
18 amend the Retirement and Social Security Law;
19 7611, by Senator Young, an act to
20 amend the Agriculture and Markets Law;
21 7683, by Senator Alesi, an act to
22 amend the Public Health Law;
23 7695, by Senator Volker, an act to
24 amend the Penal Law;
25 7737, by Senator Maziarz, an act to
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1 amend the Labor Law;
2 7739, by Senator Skelos, an act to
3 amend Chapter 318 of the Laws of 2004;
4 7754A, by Senator Hannon, an act to
5 amend the Public Health Law;
6 7761, by Senator Farley, an act to
7 amend the Banking Law;
8 7769, by Senator Skelos, an act to
9 amend the Civil Practice Law and Rules;
10 7814, by Senator DeFrancisco, an
11 act to amend the Real Property Tax Law;
12 7837, by Senator LaValle, an act to
13 establish;
14 7851, by Senator Winner, an act to
15 amend the Alcoholic Beverage Control Law;
16 7854A, by Senator Young, an act to
17 amend the Agriculture and Markets Law;
18 7873, by Senator Leibell, an act to
19 amend the Agriculture and Markets Law;
20 7904, by Senator Flanagan, an act
21 to amend the Penal Law;
22 7915A, by Senator Little, an act to
23 amend the Real Property Actions and
24 Proceedings Law;
25 7928, by Senator Rath, an act
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1 authorizing;
2 7975, by Senator Maziarz, an act to
3 amend the Agriculture and Markets Law;
4 8076, by Senator Morahan, an act to
5 establish;
6 8156A, by Senator Padavan, an act
7 to amend Chapter 130 of the Laws of 1998;
8 8255A, by Senator Marcellino, an
9 act to amend the Environmental Conservation
10 Law;
11 8267, by Senator Bruno, an act in
12 relation to creating;
13 8271, by Senator Perkins, an act
14 authorizing;
15 8281, by Senator Maltese, an act to
16 amend the Arts and Cultural Affairs Law;
17 8331, by Senator Bonacic, an act to
18 amend Chapter 172 of the Laws of 2002;
19 And Senate Print 8549, by Senator
20 Larkin, an act to amend the Racing,
21 Pari-Mutuel Wagering and Breeding Law.
22 All bills ordered direct to third
23 reading.
24 ACTING PRESIDENT GRIFFO: Senator
25 Morahan.
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3550
1 SENATOR MORAHAN: Yes,
2 Mr. President. I move to accept the report of
3 the Rules Committee.
4 ACTING PRESIDENT GRIFFO: All in
5 favor of accepting the report of the Rules
6 Committee signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT GRIFFO:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT GRIFFO: The
12 report is accepted.
13 Senator Morahan.
14 SENATOR MORAHAN: Can we return
15 to motions and resolutions and would you
16 recognize Senator Nozzolio, please.
17 ACTING PRESIDENT GRIFFO: Motions
18 and resolutions.
19 Senator Nozzolio.
20 SENATOR NOZZOLIO: Thank you,
21 Mr. President.
22 I wish to call up Assembly Print
23 Number 734, which is at the desk.
24 ACTING PRESIDENT GRIFFO: The
25 Secretary will read.
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3551
1 THE SECRETARY: Calendar Number
2 1784, by Member of the Assembly DelMonte,
3 Assembly Print Number 734, an act to amend the
4 Environmental Conservation Law.
5 SENATOR NOZZOLIO: Mr. President,
6 I now move to reconsider the vote by which the
7 bill was passed and ask that said bill be
8 restored to the order of Third Reading
9 Calendar.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll on reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The
15 bill is restored to third reading.
16 Senator Nozzolio.
17 SENATOR NOZZOLIO: Mr. President,
18 on behalf of Senator Skelos, on Supplemental
19 Number 2, page 2, I offer the following
20 amendments to Calendar Number 1812, Senate
21 Print Number 7769, and ask that said bill
22 retain its place on Third Reading Calendar.
23 ACTING PRESIDENT GRIFFO: The
24 amendments are received and adopted, and the
25 bill will retain its place on the Third
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1 Reading Calendar.
2 Thank you, Senator Nozzolio.
3 Senator Morahan.
4 SENATOR MORAHAN: Yes,
5 Mr. President. Can we return to the prior
6 supplemental active list, to Calendar 1442,
7 and take that up, noncontroversial reading.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: In relation to
11 Calendar Number 1442, Senator Little moves to
12 discharge, from the Committee on Commerce and
13 Economic Development, Assembly Bill Number
14 10944 and substitute it for the identical
15 Senate Bill Number 7910, Third Reading
16 Calendar 1442.
17 ACTING PRESIDENT GRIFFO:
18 Substitution ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1442, by Member of the Assembly Destito,
22 Assembly Print Number 10944, an act to amend
23 the Executive 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, 62.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1635, by Senator Nozzolio, Senate Print 7844A,
11 an act in relation to authorizing the Town of
12 Webster.
13 ACTING PRESIDENT GRIFFO: There
14 is a home-rule message at the desk.
15 Read the last section.
16 THE SECRETARY: Section 7. 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, 62.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 Senator Morahan.
25 SENATOR MORAHAN: Yes,
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1 Mr. President. Can we now have the
2 noncontroversial reading of the Supplemental
3 Calendar 59B.
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will conduct the noncontroversial
6 reading of Supplemental Calendar 59B.
7 THE SECRETARY: Calendar Number
8 1798, by Senator Duane, Senate Print 6201A, an
9 act to amend the Domestic Relations 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, 62.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1799, by Senator Larkin, Senate Print 7246B,
22 an act to amend the Agriculture and Markets
23 Law and the Alcoholic Beverage Control Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 7. This
2 act shall take effect on the first of January.
3 ACTING PRESIDENT GRIFFO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1800, by Senator LaValle, Senate Print 7346,
11 an act to amend the Town Law.
12 ACTING PRESIDENT GRIFFO: Read
13 the last section.
14 THE SECRETARY: Section 4. 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, 62.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1801, by Senator Farley, Senate Print 7358A,
24 an act to amend the Banking Law.
25 ACTING PRESIDENT GRIFFO: Read
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1 the last section.
2 THE SECRETARY: Section 20. 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, 62.
8 ACTING PRESIDENT GRIFFO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1802, by Senator Winner, Senate Print 7490A,
12 an act to amend the Education Law.
13 SENATOR WINNER: Lay it aside for
14 the day.
15 ACTING PRESIDENT GRIFFO: The
16 bill is laid aside for the day.
17 THE SECRETARY: Calendar Number
18 1803, by Senator Trunzo, Senate Print 7520A,
19 an act to amend the Retirement and Social
20 Security Law.
21 ACTING PRESIDENT GRIFFO: Read
22 the last section.
23 THE SECRETARY: Section 4. 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: Calendar Number
7 1805, by Senator Young, Senate Print 7611, an
8 act to amend the Agriculture and Markets Law.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 4. 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 1806, Senator Alesi moves to
21 discharge, from the Committee on Rules,
22 Assembly Bill Number 10764 and substitute it
23 for the identical Senate Bill Number 7683,
24 Third Reading Calendar 1806.
25 ACTING PRESIDENT GRIFFO:
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1 Substitution so ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 1806, by Member of the Assembly Morelle,
5 Assembly Print Number 10764, 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: In relation to
18 Calendar Number 1807, Senator Volker moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 10765 and substitute it
21 for the identical Senate Bill Number 7695,
22 Third Reading Calendar 1807.
23 ACTING PRESIDENT GRIFFO:
24 Substitution so ordered.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 1807, by Member of the Assembly Rosenthal,
3 Assembly Print Number 10765, an act to amend
4 the Penal Law.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 5. 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 1808, by Senator Maziarz, Senate Print 7737,
17 an act to amend the Labor Law.
18 ACTING PRESIDENT GRIFFO: Read
19 the last section.
20 THE SECRETARY: Section 2. 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, 62.
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1 ACTING PRESIDENT GRIFFO: The
2 bill is passed.
3 THE SECRETARY: In relation to
4 Calendar Number 1809, Senator Skelos moves to
5 discharge, from the Committee on Rules --
6 SENATOR SKELOS: Lay it aside for
7 the day, please.
8 ACTING PRESIDENT GRIFFO: Can we
9 accept the substitution first, Senator?
10 SENATOR SKELOS: Yes.
11 ACTING PRESIDENT GRIFFO: The
12 Secretary will read the substitution.
13 THE SECRETARY: In relation to
14 Calendar Number 1809, Senator Skelos moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 10981 and substitute it
17 for the identical Senate Bill Number 7739,
18 Third Reading Calendar 1809.
19 ACTING PRESIDENT GRIFFO:
20 Substitution so ordered.
21 The bill is laid aside for the day.
22 THE SECRETARY: Calendar Number
23 1810, by Senator Hannon, Senate Print 7754A,
24 an act to amend the Public Health 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 cull call.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1811, by Senator Farley, Senate Print Number
12 7761, an act to amend the Banking Law and the
13 Insurance Law.
14 ACTING PRESIDENT GRIFFO: Read
15 the last section.
16 THE SECRETARY: Section 5. 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, 62.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1813, by Senator DeFrancisco, Senate Print
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1 7814, an act to amend the Real Property Tax
2 Law.
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, 62.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1814, by Senator LaValle, Senate Print 7837,
15 an act to establish the Suffolk School of
16 Math, Science and Engineering.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 12. 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, 62.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1815, by Senator Winner, Senate Print 7851, an
4 act to amend the Alcoholic Beverage Control
5 Law.
6 ACTING PRESIDENT GRIFFO: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: In relation to
17 Calendar Number 1816, Senator Young moves to
18 discharge, from the Committee on Agriculture,
19 Assembly Bill Number 10021A and substitute it
20 for the identical Senate Bill Number 7854A,
21 Third Reading Calendar 1816.
22 ACTING PRESIDENT GRIFFO:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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3564
1 1816, by Member of the Assembly Magee,
2 Assembly Print Number 10021A, an act to amend
3 the Agriculture and Markets 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: Calendar Number
15 1817, by Senator Leibell, Senate Print 7873,
16 an act to amend the Agriculture and Markets
17 Law.
18 ACTING PRESIDENT GRIFFO: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 120th day.
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: Calendar Number
4 1818, by Senator Flanagan, Senate Print 7904,
5 an act to amend the Penal 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, 62.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1819, by Senator Little --
18 SENATOR MORAHAN: Lay it aside
19 for the day.
20 ACTING PRESIDENT GRIFFO: Lay the
21 bill aside for the day.
22 THE SECRETARY: Calendar Number
23 1820, by Senator Rath, Senate Print 7928, an
24 act authorizing the waiver of penalties and
25 interest.
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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, 62.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1821, by Senator Maziarz, Senate Print 7975,
13 an act to amend the Agriculture and Markets
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, 62.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1822, by Senator Morahan --
2 SENATOR MORAHAN: Lay it aside
3 for the day.
4 ACTING PRESIDENT GRIFFO: Lay it
5 aside for the day.
6 THE SECRETARY: In relation to
7 Calendar Number 1823, Senator Padavan moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 11240 and substitute it
10 for the identical Senate Bill Number 8156A,
11 Third Reading Calendar 1823.
12 ACTING PRESIDENT GRIFFO:
13 Substitution ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1823, by Member of the Assembly Farrell,
17 Assembly Print Number 11240, an act to amend
18 Chapter 130 of the Laws of 1998.
19 ACTING PRESIDENT GRIFFO: There
20 is a home-rule message at the desk.
21 Read 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, 62.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: In relation to
6 Calendar Number 1825, Senator Bruno moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 11189 and substitute it
9 for the identical Senate Bill Number 8267,
10 Third Reading Calendar 1825.
11 ACTING PRESIDENT GRIFFO:
12 Substitution so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1825, by Member of the Assembly Canestrari,
16 Assembly Print Number 11189, an act in
17 relation to creating a public library district
18 in the City of Troy, County of Rensselaer.
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 1826, by Senator Perkins, Senate Print 8271,
6 an act authorizing the City of New York to
7 reconvey its interest.
8 ACTING PRESIDENT GRIFFO: There
9 is a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 5. 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: Calendar Number
20 1827, by Senator Maltese, Senate Print 8281,
21 an act to amend the Arts and Cultural Affairs
22 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 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 1828, Senator Bonacic moves to
10 discharge, from the Committee on Rules --
11 SENATOR MORAHAN: Lay it aside
12 for the day, please.
13 ACTING PRESIDENT GRIFFO: We'll
14 complete the substitution first, Senator.
15 The Secretary will continue.
16 THE SECRETARY: In relation to
17 Calendar Number 1828, Senator Bonacic moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 11440 and substitute it
20 for the identical Senate Bill Number 8331,
21 Third Reading Calendar 1828.
22 ACTING PRESIDENT GRIFFO:
23 Substitution so ordered.
24 The bill is laid aside for the day.
25 SENATOR MORAHAN: Mr. President,
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1 can we take up 1822, which was laid aside for
2 the day a moment ago.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1822, by Senator Morahan, Senate Print 8076,
7 an act to establish the Hudson School of Math,
8 Science and Engineering.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 12. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1847, by Senator Larkin, Senate Print 8549, an
21 act to amend the Racing, Pari-Mutuel Wagering
22 and Breeding Law.
23 ACTING PRESIDENT GRIFFO: Senator
24 Morahan.
25 SENATOR MORAHAN: Is there a
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1 message of necessity at the desk,
2 Mr. President?
3 ACTING PRESIDENT GRIFFO: Yes,
4 there is, Senator Morahan.
5 SENATOR MORAHAN: Motion to
6 accept the message.
7 ACTING PRESIDENT GRIFFO: All in
8 favor of accepting the message of necessity
9 from the Governor indicate by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT GRIFFO:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT GRIFFO: The
15 message is accepted.
16 Read the last section.
17 THE SECRETARY: Section 32. 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, 62.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 Senator Morahan, that completes the
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1 noncontroversial reading of the calendar.
2 SENATOR MORAHAN: Thank you,
3 Mr. President.
4 There will be an immediate meeting
5 of the Rules Committee in the Majority
6 Conference Room. And we'll stand at ease for
7 the moment.
8 ACTING PRESIDENT GRIFFO: There
9 will be an immediate meeting of the Rules
10 Committee in the Majority Conference Room,
11 Room 332.
12 The Senate stands at ease.
13 (Whereupon, the Senate stood at
14 ease at 6:48 p.m.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Morahan.
17 SENATOR MORAHAN: Yes, Mr.
18 President, I've just been advised that we will
19 not be taking up this Rules calendar when it
20 comes out on report. So those members who
21 wish to go about some other business may feel
22 free to do so.
23 (Whereupon, the Senate reconvened
24 at 7:00 p.m.)
25 ACTING PRESIDENT MAZIARZ: The
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1 Senate will come to order.
2 Senator Morahan.
3 SENATOR MORAHAN: Yes,
4 Mr. President. Can we return to reports of
5 standing committees. I understand that
6 there's a report from the Rules Committee at
7 the desk.
8 ACTING PRESIDENT MAZIARZ: The
9 Secretary will read.
10 THE SECRETARY: Senator Bruno,
11 from the Committee on Rules, reports the
12 following bills:
13 Senate Print 6711, by Senator
14 Stachowski, an act to authorize;
15 8017A, by Senator Lanza, an act to
16 amend the Vehicle and Traffic Law;
17 8018, by Senator Lanza, an act to
18 amend the Vehicle and Traffic Law;
19 8019, by Senator Lanza, an act to
20 establish;
21 8020A, by Senator Lanza, an act
22 enacting;
23 8224, by Senator Huntley, an act to
24 amend the Vehicle and Traffic Law;
25 8349, by Senator Flanagan, an act
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1 to amend Chapter 492 of the Laws of 1993;
2 8357, by Senator Seward, an act to
3 amend the Insurance Law;
4 8382A, by Senator Skelos, an act
5 relating;
6 8389A, by Senator Morahan, an act
7 to amend Chapter 24 of the Laws of 2007;
8 8426, by Senator Padavan, an act to
9 amend the Real Property Tax Law;
10 8430, by Senator Winner, an act to
11 amend the Agriculture and Markets Law;
12 8437, by Senator Flanagan, an act
13 to amend the General Municipal Law;
14 8442, by the Senate Committee on
15 Rules, an act to amend the Real Property Tax
16 Law;
17 8447, by Senator Nozzolio, an act
18 to amend the Monroe County Tax Act;
19 8454, by Senator Larkin, an act to
20 authorize;
21 8455, by Senator Fuschillo, an act
22 to amend the Real Property Tax Law;
23 8456, by Senator Golden, an act
24 relating to requiring;
25 8457, by Senator Maltese, an act to
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1 amend the Elder Law;
2 8459, by Senator Padavan, an act to
3 amend the Public Authorities Law;
4 8464, by Senator Farley, an act in
5 relation to requiring;
6 8466, by Senator Seward, an act to
7 amend Chapter 673 of the Laws of 2005;
8 8472, by Senator Leibell, an act to
9 amend the Public Officers Law;
10 8481, by Senator Maziarz, an act to
11 amend the Public Service Law;
12 And Senate Print 8483, by Senator
13 Larkin, an act to amend the Criminal Procedure
14 Law.
15 All bills ordered direct to third
16 reading.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Morahan.
19 SENATOR MORAHAN: Yes, can we
20 have a motion to accept the report of the
21 Rules Committee.
22 ACTING PRESIDENT MAZIARZ: 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 MAZIARZ:
2 Opposed, nay.
3 (No response.)
4 ACTING PRESIDENT MAZIARZ: The
5 ayes have it; the report is accepted.
6 Senator Morahan.
7 SENATOR MORAHAN: Thank you,
8 Mr. President.
9 Can we stand at ease for a few
10 minutes, Mr. President.
11 ACTING PRESIDENT MAZIARZ: The
12 Senate will stand at ease.
13 Senator Morahan.
14 SENATOR MORAHAN: Thank you,
15 Mr. President. Can we return to motions.
16 ACTING PRESIDENT MAZIARZ:
17 Motions and resolutions.
18 Senator Morahan.
19 SENATOR MORAHAN: Mr. President,
20 I wish to call up Senator Farley's bill,
21 Senate Print 7761, which is at the desk.
22 ACTING PRESIDENT MAZIARZ: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 1811, by Senator Farley, Senate Print 7761, an
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1 act to amend the Banking Law and the Insurance
2 Law.
3 SENATOR MORAHAN: Mr. President,
4 I now move to reconsider the vote by which
5 this bill was passed and ask that the bill be
6 restored to the order of third reading.
7 ACTING PRESIDENT MAZIARZ: Call
8 the roll on reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAZIARZ: The
12 bill is restored.
13 The Secretary will read the
14 substitution on Calendar Number 1811.
15 THE SECRETARY: In relation to
16 Calendar Number 1811, Senator Farley moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 11236 and substitute it
19 for the identical Senate Bill Number 7761,
20 Third Reading Calendar 1811.
21 ACTING PRESIDENT MAZIARZ:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1811, by Member of the Assembly Jeffries,
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1 Assembly Print Number 11236, an act to amend
2 the Banking Law and the Insurance Law.
3 ACTING PRESIDENT MAZIARZ: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAZIARZ: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAZIARZ: The
12 bill is passed.
13 Senator Morahan.
14 SENATOR MORAHAN: Mr. President,
15 can we stand at ease for a few minutes.
16 I believe we may have another
17 meeting of the Rules Committee in the Majority
18 Conference Room in a few minutes.
19 ACTING PRESIDENT MAZIARZ: There
20 will be a meeting of the Rules Committee in
21 the Majority Conference Room, Room 332, in two
22 minutes.
23 The Senate stands at ease.
24 (Whereupon, the Senate stood at
25 ease at 7:06 p.m.)
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1 (Whereupon, the Senate reconvened
2 at 7:17 p.m.)
3 ACTING PRESIDENT MAZIARZ: The
4 Senate will come to order.
5 Senator Morahan.
6 SENATOR MORAHAN: Yes,
7 Mr. President. Can we return to reports of
8 standing committees.
9 I understand there's a report from
10 the Rules Committee at the desk.
11 ACTING PRESIDENT MAZIARZ:
12 Reports of standing committees.
13 The Secretary will read.
14 THE SECRETARY: Senator Bruno,
15 from the Committee on Rules, reports the
16 following bills:
17 Senate Print 3592A, by Senator
18 Alesi, an act to amend the Economic
19 Development Law;
20 3619A, by Senator Leibell, an act
21 to amend the Volunteer Firefighters Benefit
22 Law;
23 3888, by Senator Lanza, an act to
24 amend the Public Authorities Law;
25 4155, by Senator LaValle, an act to
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1 amend the Education Law;
2 4467, by Senator Morahan, an act to
3 amend the New York State Urban Development
4 Corporation Act;
5 4490, by Senator Skelos, an act to
6 authorize;
7 5052A, by Senator Saland, an act to
8 amend the Executive Law;
9 5129, by Senator DeFrancisco, an
10 act to amend the Mental Hygiene Law;
11 5357A, by Senator Larkin, an act to
12 amend the Agriculture and Markets Law;
13 5621, by Senator Farley, an act to
14 amend the Banking Law;
15 5687B, by Senator Fuschillo, an act
16 to amend the Civil Service Law;
17 5694, by Senator Morahan, an act in
18 relation to state aid;
19 5830A, by Senator Flanagan, an act
20 to amend the Education Law;
21 6040A, by Senator Saland, an act to
22 amend the Education Law;
23 6198A, by Senator Young, an act to
24 amend the Agriculture and Markets Law;
25 6251, by Senator Flanagan, an act
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1 to amend the Vehicle and Traffic Law;
2 6298A, by Senator Golden, an act to
3 amend the Executive Law;
4 6721A, by Senator Skelos, an act in
5 relation to enacting;
6 6762B, by Senator Lanza, an act to
7 amend the Criminal Procedure Law;
8 6835B, by Senator Seward, an act to
9 establish;
10 7036, by Senator Adams, an act to
11 amend the Penal Law;
12 7049, by Senator Libous, an act to
13 amend the County Law;
14 7135, by Senator Alesi, an act to
15 amend the Economic Development Law;
16 7232, by Senator Winner, an act to
17 amend the Public Health Law;
18 7260A, by Senator Young, an act to
19 authorize;
20 7282B, by Senator Farley, an act to
21 amend Chapter 505 of the Laws of 2006;
22 7690, by Senator Seward, an act
23 relating to increasing;
24 7691, by Senator Seward, an act
25 relating to increasing availability;
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1 7807A, by Senator Hannon, an act to
2 amend the Public Authorities Law;
3 7816A, by Senator DeFrancisco, an
4 act to amend the Real Property Tax Law;
5 7966A, by Senator Leibell, an act
6 to amend the Local Finance Law;
7 8108, by Senator LaValle, an act to
8 amend the Real Property Tax Law;
9 8137, by Senator Robach, an act
10 authorizing;
11 8169A, by Senator Young, an act to
12 amend the Environmental Conservation Law;
13 8236, by Senator Valesky, an act to
14 authorize;
15 8245, by Senator Maziarz, an act to
16 amend Chapter 433 of the Laws of 1997;
17 8294A, by Senator Bonacic, an act
18 to amend the Insurance Law;
19 8443, by Senator Griffo, an act to
20 amend Chapter 92 of the Laws of 2001;
21 8446, by the Senate Committee on
22 Rules, an act to amend the Insurance Law;
23 And Senate Print 8473, by Senator
24 Leibell, an act to amend the Patriot Plan.
25 All bills ordered direct to third
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1 reading.
2 ACTING PRESIDENT MAZIARZ:
3 Senator Morahan.
4 SENATOR MORAHAN: Yes, can I move
5 that we accept the report of the Rules
6 Committee, sir.
7 ACTING PRESIDENT MAZIARZ: All in
8 favor of accepting the report of the Rules
9 Committee signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT MAZIARZ:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT MAZIARZ: The
15 Rules Committee report is accepted.
16 Senator Morahan.
17 SENATOR MORAHAN: Is there any
18 other further business at the desk,
19 Mr. President?
20 ACTING PRESIDENT MAZIARZ: There
21 is no further business, Senator.
22 SENATOR MORAHAN: Then I move
23 that we adjourn till Tuesday, June 17th, at
24 11:00 a.m.
25 ACTING PRESIDENT MAZIARZ: On
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1 motion, the Senate stands adjourned until
2 Tuesday, June 17th, at 11:00 a.m.
3 (Whereupon, at 7:22 p.m., the
4 Senate adjourned.)
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