Regular Session - June 15, 2010

                                                            5221



         1

         2

         3                THE STENOGRAPHIC RECORD

         4

         5

         6

         7

         8                   ALBANY, NEW YORK

         9                     June 15, 2010

        10                       1:48 p.m.

        11

        12

        13                    REGULAR SESSION

        14

        15

        16

        17

        18  SENATOR DAVID J. VALESKY, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24

        25



                      Candyco Transcription Service, Inc.
                                                        5222



         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT VALESKY:    The

         3       Senate will please come to order.

         4                  I ask everyone present to please

         5       rise and recite with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT VALESKY:    In the

        10       absence of clergy, may we bow our heads in a

        11       moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT VALESKY:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Monday, June 14, the Senate met pursuant to

        19       adjournment.  The Journal of Sunday, June 13,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  ACTING PRESIDENT VALESKY:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  Presentation of petitions.



                      Candyco Transcription Service, Inc.
                                                        5223



         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, I

         6       believe there's a report of the Rules

         7       Committee at the desk.  I move that we adopt

         8       the report at this time.

         9                  ACTING PRESIDENT VALESKY:    There

        10       is a report of the Rules Committee at the

        11       desk.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Senator Smith,

        14       from the Committee on Rules, reports the

        15       following bills:

        16                  Senate Print 1432, by Senator

        17       Dilan, an act to amend the Environmental

        18       Conservation Law;

        19                  3185, by Senator Dilan, an act to

        20       amend the General Municipal Law;

        21                  3246, by Senator Stachowski, an act

        22       to amend the Alcoholic Beverage Control Law;

        23                  4057A, by Senator Stewart-Cousins,

        24       an act to amend the Public Health Law;

        25                  4478A, by Senator Dilan, an act to



                      Candyco Transcription Service, Inc.
                                                        5224



         1       amend the Railroad Law;

         2                  4847A, by Senator Stavisky, an act

         3       to amend the Education Law;

         4                  5431C, by Senator Stachowski, an

         5       act to amend the Education Law;

         6                  6476, by Senator Dilan, an act to

         7       amend the Vehicle and Traffic Law;

         8                  6912A, by Senator Foley, an act to

         9       amend the Energy Law;

        10                  And Senate Print 8083, by Senator

        11       L. Krueger, an act to amend the Real Property

        12       Tax Law.

        13                  All bills ordered direct to third

        14       reading.

        15                  ACTING PRESIDENT VALESKY:    All

        16       those in favor of adopting the Rules Committee

        17       report signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT VALESKY:

        20       Opposed, nay.

        21                  (No response.)

        22                  ACTING PRESIDENT VALESKY:    The

        23       Rules Committee report is adopted.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, I



                      Candyco Transcription Service, Inc.
                                                        5225



         1       have some floor motions.

         2                  ACTING PRESIDENT VALESKY:    You

         3       may proceed.

         4                  SENATOR KLEIN:    First, on behalf

         5       of Senator Sampson, please remove the

         6       sponsor's star from Calendar Number 335.

         7                  ACTING PRESIDENT VALESKY:    The

         8       sponsor's star will be removed.

         9                  SENATOR KLEIN:    On behalf of

        10       Senator Foley, I move to amend Senate Bill

        11       Number 7604A by striking out the amendments

        12       made on 6/9 and restoring it to the original

        13       print number, 7604.

        14                  ACTING PRESIDENT VALESKY:    So

        15       ordered.

        16                  SENATOR KLEIN:    Mr. President, I

        17       believe there are substitutions at the desk.

        18       I ask that we make the substitutions at the at

        19       this time.

        20                  ACTING PRESIDENT VALESKY:    Before

        21       we do that, Senator Klein, we need to return

        22       to the order of business.

        23                  Reports of select committees.

        24                  Communications and reports from

        25       state officers.



                      Candyco Transcription Service, Inc.
                                                        5226



         1                  Motions and resolutions.

         2                  We may now proceed with the

         3       substitutions, and the Secretary will read.

         4                  THE SECRETARY:    On page 34,

         5       Senator L. Krueger moves to discharge, from

         6       the Committee on Rules, Assembly Bill Number

         7       6192 and substitute it for the identical

         8       Senate Bill Number 7621, Third Reading

         9       Calendar 726.

        10                  On page 40, Senator Stewart-Cousins

        11       moves to discharge, from the Committee on

        12       Rules, Assembly Bill Number 9540A and

        13       substitute it for the identical Senate Bill

        14       Number 7884, Third Reading Calendar 806.

        15                  On page 44, Senator Squadron moves

        16       to discharge, from the Committee on Housing,

        17       Construction and Community Development,

        18       Assembly Bill Number 8125A and substitute it

        19       for the identical Senate Bill Number 5281A,

        20       Third Reading Calendar 841.

        21                  On page 46, Senator Hannon moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 1719A and substitute it

        24       for the identical Senate Bill Number 2947A,

        25       Third Reading Calendar 865.



                      Candyco Transcription Service, Inc.
                                                        5227



         1                  On page 49, Senator Klein moves to

         2       discharge, from the Committee on Education,

         3       Assembly Bill Number 10266 and substitute it

         4       for the identical Senate Bill Number 7775,

         5       Third Reading Calendar 903.

         6                  On page 50, Senator Stavisky moves

         7       to discharge, from the Committee on Higher

         8       Education, Assembly Bill Number 10123 and

         9       substitute it for the identical Senate Bill

        10       Number 7810, Third Reading Calendar 904.

        11                  On page 50, Senator Volker moves to

        12       discharge, from the Committee on Higher

        13       Education, Assembly Bill Number 9512 and

        14       substitute it for the identical Senate Bill

        15       Number 7859, Third Reading Calendar 905.

        16                  On page 52, Senator Breslin moves

        17       to discharge, from the Committee on Local

        18       Government, Assembly Bill Number 11023 and

        19       substitute it for the identical Senate Bill

        20       Number 7872, Third Reading Calendar 924.

        21                  On page 52, Senator Stachowski

        22       moves to discharge, from the Committee on

        23       Local Government, Assembly Bill Number 11136

        24       and substitute it for the identical Senate

        25       Bill Number 7914, Third Reading Calendar 928.



                      Candyco Transcription Service, Inc.
                                                        5228



         1                  On page 52, Senator Volker moves to

         2       discharge, from the Committee on Corporations,

         3       Authorities and Commissions, Assembly Bill

         4       Number 9047A and substitute it for the

         5       identical Senate Bill Number 5938A, Third

         6       Reading Calendar 932.

         7                  On page 52, Senator Valesky moves

         8       to discharge, from the Committee on

         9       Corporations, Authorities and Commissions,

        10       Assembly Bill Number 9466A and substitute it

        11       for the identical Senate Bill Number 6304,

        12       Third Reading Calendar 933.

        13                  And on page 53, Senator C. Kruger

        14       moves to discharge, from the Committee on

        15       Rules, Assembly Bill Number 11440 and

        16       substitute it for the identical Senate Bill

        17       Number 8178, Third Reading Calendar 958.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitutions ordered.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, I

        22       believe Senator Parker has a resolution at the

        23       desk.  I ask that the title of the resolution

        24       be read and move for its immediate adoption.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        5229



         1       Senator Klein, has this resolution been deemed

         2       privileged and submitted by the office of the

         3       Temporary President?

         4                  SENATOR KLEIN:    Yes, it has,

         5       Mr. President.

         6                  ACTING PRESIDENT VALESKY:    The

         7       Secretary will read.

         8                  THE SECRETARY:    By Senator

         9       Parker, legislative resolution celebrating the

        10       63rd Pakistan Independence Day, on Sunday,

        11       August 15, 2010.

        12                  ACTING PRESIDENT VALESKY:    The

        13       question is on the resolution.  All in favor

        14       signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT VALESKY:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT VALESKY:    The

        20       resolution is adopted.

        21                  Senator Parker has offered

        22       cosponsorship to all Senators.  Any Senator

        23       wishing not to be a cosponsor should notify

        24       the desk.

        25                  Senator Klein.



                      Candyco Transcription Service, Inc.
                                                        5230



         1                  SENATOR KLEIN:    Mr. President, I

         2       believe Senator Parker has another resolution

         3       at the desk.  I ask that the title of the

         4       resolution be read and move for its immediate

         5       adoption.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Klein, has this resolution been deemed

         8       privileged and submitted by the office of the

         9       Temporary President?

        10                  SENATOR KLEIN:    Yes, it has,

        11       Mr. President.

        12                  ACTING PRESIDENT VALESKY:    The

        13       Secretary will read.

        14                  THE SECRETARY:    By Senator

        15       Parker, legislative resolution commemorating

        16       the 63rd anniversary of Indian Independence

        17       Day on Sunday, August 15, 2010.

        18                  ACTING PRESIDENT VALESKY:    The

        19       question is on the resolution.  All in favor

        20       signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT VALESKY:

        23       Opposed, nay.

        24                  (No response.)

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        5231



         1       resolution is adopted.

         2                  Senator Parker has offered to open

         3       this resolution for cosponsorship.  Any

         4       Senator wishing not to cosponsor the

         5       resolution should notify the desk.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, at

         8       this time can we please go to a reading of the

         9       calendar.

        10                  ACTING PRESIDENT VALESKY:    The

        11       Secretary will proceed with the reading of the

        12       calendar.

        13                  THE SECRETARY:    Calendar Number

        14       53, by Senator Klein, Senate Print 2614B, an

        15       act to amend the Real Property Law.

        16                  SENATOR LIBOUS:    Lay the bill

        17       aside.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    Calendar Number

        21       142, by Senator Duane, Senate Print 1795, an

        22       act to amend the Workers' --

        23                  SENATOR KLEIN:    Lay the bill

        24       aside for the day, please.

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        5232



         1       bill is laid aside for the day.

         2                  THE SECRETARY:    Calendar Number

         3       155, by Senator Duane, Senate Print 5620A --

         4                  SENATOR KLEIN:    Lay the bill

         5       aside for the day, please.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside for the day.

         8                  THE SECRETARY:    Calendar Number

         9       416, by Member of the Assembly Gottfried,

        10       Assembly Print Number 7670, an act to amend

        11       the Criminal Procedure Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, on

        22       Calendar Number 155 I remove the lay aside for

        23       the day.

        24                  ACTING PRESIDENT VALESKY:    The

        25       Secretary will complete the roll call on



                      Candyco Transcription Service, Inc.
                                                        5233



         1       Calendar Number 416, after which point we will

         2       return to Calendar Number 155.

         3                  Would those Senators voting in the

         4       negative on Calendar Number 416 please raise

         5       your hands even if you have already done so,

         6       so that we can get an accurate count.

         7                  Announce the results.

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 416 are

        10       Senators Bonacic, DeFrancisco, Flanagan,

        11       Fuschillo, Golden, Griffo, Lanza, Larkin,

        12       LaValle, Libous, Marcellino, Nozzolio,

        13       Ranzenhofer, Robach, Skelos, Volker, Winner

        14       and Young.  Also Senator Saland.

        15                  Ayes, 42.  Nays, 19.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  Returning to Calendar Number 155.

        19                  THE SECRETARY:    Calendar Number

        20       155, by Senator Duane, Senate Print 5620A, an

        21       act to amend the Penal Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 4.  This

        25       act shall take effect on the 90th day.



                      Candyco Transcription Service, Inc.
                                                        5234



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 155 are

         6       Senators Bonacic, DeFrancisco, Flanagan,

         7       Foley, Griffo, O. Johnson, Lanza, Larkin,

         8       Libous, Nozzolio, Padavan, Ranzenhofer,

         9       Skelos, Winner, Young.  Also Senator LaValle.

        10       Also Senator Saland.  Also Senator Farley.

        11       Also Senator Leibell.

        12                  ACTING PRESIDENT VALESKY:    The

        13       Secretary will announce the results once

        14       again.

        15                  THE SECRETARY:    Those recorded in

        16       the negative on Calendar Number 155 are

        17       Senators DeFrancisco, Farley, Flanagan, Foley,

        18       Griffo, O. Johnson, Lanza, Larkin, LaValle,

        19       Leibell, Libous, Nozzolio, Padavan,

        20       Ranzenhofer, Saland, Skelos, Winner and Young.

        21                  Ayes, 43.  Nays, 18.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  Senator Hannon, why do you rise?

        25                  SENATOR HANNON:    Mr. President,



                      Candyco Transcription Service, Inc.
                                                        5235



         1       because we took these bills in reverse order

         2       from the active list, I have voted for --

         3       correctly -- 155.  But I wanted to be recorded

         4       and would ask unanimous consent to be recorded

         5       in the negative on Calendar Number 416, which

         6       is Senate 4429.

         7                  ACTING PRESIDENT VALESKY:    With

         8       unanimous consent, Senator Hannon, you'll be

         9       recorded in the negative on Calendar Number

        10       416.

        11                  SENATOR HANNON:    Thank you,

        12       Mr. President.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Klein.

        15                  SENATOR KLEIN:    Mr. President,

        16       before we proceed can you please recognize

        17       Senator Ranzenhofer.  He wants to introduce a

        18       distinguished guest.

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Ranzenhofer, for purpose of an

        21       introduction.

        22                  SENATOR RANZENHOFER:    Thank you,

        23       Mr. President.

        24                  With us today in the chambers I'd

        25       like to introduce my predecessor and your



                      Candyco Transcription Service, Inc.
                                                        5236



         1       former colleague, Mary Lou Rath.

         2                  (Standing ovation.)

         3                  ACTING PRESIDENT VALESKY:    A very

         4       special welcome to you, Senator Rath.  It's

         5       great to see you.

         6                  The Secretary will proceed with

         7       Calendar Number 481, noncontroversial.

         8                  THE SECRETARY:     Calendar Number

         9       481, by Senator C. Johnson, Senate Print

        10       6309B, an act to amend the Insurance Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 4.  This

        14       act shall take effect on the first of January.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Seward, to explain his vote.

        20                  SENATOR SEWARD:    Yes, thank you,

        21       Mr. President.

        22                  Back in 2007, this Legislature used

        23       good judgment in creating the New York State

        24       Healthcare Quality and Cost Containment

        25       Commission, which was established to analyze



                      Candyco Transcription Service, Inc.
                                                        5237



         1       the impact of any proposed mandates on health

         2       insurance policies in New York State and, in

         3       the quality of care, do a cost and benefit

         4       analysis.

         5                  Since this legislation before us is

         6       a new mandate and we have yet to get this

         7       mandate commission up and running because the

         8       Assembly still has not appointed their two

         9       members -- and I urge them to do so -- I feel

        10       I should vote no because I believe every time

        11       we add a mandate to health insurance policies

        12       in New York State, the cost goes up and more

        13       people find that health insurance is not

        14       affordable.

        15                  So therefore I shall be voting in

        16       the negative on this bill.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Seward to be recorded in the negative.

        19                  Senator Craig Johnson, to explain

        20       his vote.

        21                  SENATOR CRAIG JOHNSON:    Thank you

        22       very much, Mr. President.  I certainly respect

        23       Senator Seward's opinion on this issue.

        24                  Let me say a couple of things.

        25       One, I think this is a very important piece of



                      Candyco Transcription Service, Inc.
                                                        5238



         1       legislation.  It's about women's health.  It's

         2       about women who, when they get pregnant, one

         3       of the most important things is ensuring that

         4       their child, as it grows in utero, has the

         5       prenatal vitamins necessary to ensure that

         6       child's health when the child is born.

         7                  The idea of this legislation

         8       actually came to me from my wife's own OB-GYN

         9       after the birth of our third child, who

        10       remarked that there's a wide range of costs

        11       when it comes to prenatal vitamins, especially

        12       for prenatal vitamins that are dedicated to

        13       women who are at high risk for a high-risk

        14       birth.

        15                  But the real fact remains is that

        16       in this day and age when you can get a

        17       prescription that will help you get somebody

        18       pregnant, I think you should have the ability

        19       to have insurance coverage to make sure that

        20       you take the medicine necessary to let that

        21       baby grow and let that baby become healthy.

        22                  I urge my colleagues in this Senate

        23       body to vote yes, vote yes to allow women to

        24       have insurance access for prenatal vitamins.

        25                  I vote yes.  Thank you very much,



                      Candyco Transcription Service, Inc.
                                                        5239



         1       Mr. President.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Craig Johnson to be recorded in the

         4       affirmative.

         5                  Announce the results.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 481 are

         8       Senators Marcellino, Maziarz, Seward, Skelos,

         9       Winner and Young.

        10                  Ayes, 55.  Nays, 6.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       570, by Senator Hassell-Thompson, Senate Print

        15       3890A, an act to amend the Domestic Relations

        16       Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  SENATOR LIBOUS:    Lay it aside.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       575, by Senator Hassell-Thompson, Senate Print

        24       7740A, an act to amend the Domestic Relations

        25       Law.



                      Candyco Transcription Service, Inc.
                                                        5240



         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 60th day.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 61.  Nays,

         9       0.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       604, by Senator Stachowski, Senate Print

        14       7664A, an act in relation to deeming objects

        15       or purposes.

        16                  ACTING PRESIDENT VALESKY:    There

        17       is a home-rule message at the desk.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 5.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        5241



         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       612, by Member of the Assembly Weinstein,

         4       Assembly Print Number 7569A, an act to amend

         5       the Domestic Relations Law.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect on the 120th day.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 60.  Nays,

        14       1.  Senator DeFrancisco recorded in the

        15       negative.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  Senator DeFrancisco, why do you

        19       rise?

        20                  SENATOR DeFRANCISCO:    Yes, I just

        21       want to explain my no vote.

        22                  I think that it should be up to the

        23       presiding judge, after balancing all the

        24       interests and the respective assets of each

        25       party, to have the discretion to determine who



                      Candyco Transcription Service, Inc.
                                                        5242



         1       pays and how much that person pays for

         2       attorney's fees in any proceeding.  And

         3       therefore, for that reason, I'm voting no.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator DeFrancisco to be recorded in the

         6       negative.

         7                  The bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       638, by Senator Klein, Senate Print 1837B, an

        10       act to amend the Election Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       649, by Member of the Assembly N. Rivera,

        18       Assembly Print Number 10094B, an act to amend

        19       the Public Health Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect January 1, 2011.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



                      Candyco Transcription Service, Inc.
                                                        5243



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       707, by Senator Parker, Senate Print --

         7                  SENATOR KLEIN:    Lay the bill

         8       aside for the day, please.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       709, by Senator Montgomery, Senate Print 3865,

        13       an act to amend the Domestic Relations Law and

        14       the Social Services Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 4.  This

        18       act shall take effect on the 90th day.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        5244



         1       710, by Member of the Assembly Scarborough,

         2       Assembly Print Number 8504, an act to amend

         3       the Family Court Act and the Social Services

         4       Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 11.  This

         8       act shall take effect on the 90th day.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT VALESKY:    The

        13       Secretary will announce the results on

        14       Calendar Number 710.

        15                  THE SECRETARY:    Ayes, 60.  Nays,

        16       1.  Senator Golden recorded in the negative.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       713, by Member of the Assembly Destito,

        21       Assembly Print Number 529, an act to amend the

        22       Civil Rights Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                                        5245



         1       act shall take effect on the 30th day.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT VALESKY:

         6       Announce the results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 713 are

         9       Senators Alesi, Bonacic, DeFrancisco, Farley,

        10       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        11       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        12       Libous, Little, Marcellino, Maziarz, McDonald,

        13       Nozzolio, Ranzenhofer, Robach, Saland, Seward,

        14       Skelos, Volker, Winner and Young.

        15                  Ayes, 33.  Nays, 28.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       715, by Senator Schneiderman, Senate Print --

        20                  SENATOR KLEIN:    Lay the bill

        21       aside for the day, please.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside for the day.

        24                  THE SECRETARY:    Calendar Number

        25       717, by Senator Peralta, Senate Print 7316B,



                      Candyco Transcription Service, Inc.
                                                        5246



         1       an act to amend the General Business Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 4.  This

         5       act shall take effect on the 60th day.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       718, by Member of the Assembly Pheffer,

        14       Assembly Print Number 2642C, an act to amend

        15       the General Business Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect one year after it shall

        20       have become law.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT VALESKY:

        25       Announce the results.



                      Candyco Transcription Service, Inc.
                                                        5247



         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 718 are

         3       Senators Farley, Flanagan, Golden, O. Johnson,

         4       Larkin, Nozzolio, Seward, Winner and Young.

         5                  Ayes, 52.  Nays, 9.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       726, substituted earlier today by Member of

        10       the Assembly Weinstein, Assembly Print Number

        11       6192, an act to amend the New York City Civil

        12       Court Act.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect January 1, 2011.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Klein.

        22                  SENATOR KLEIN:    Mr. President,

        23       can we lay the bill aside for the day, please.

        24                  ACTING PRESIDENT VALESKY:    The

        25       roll call is withdrawn, and the bill is laid



                      Candyco Transcription Service, Inc.
                                                        5248



         1       aside for the day.

         2                  SENATOR KLEIN:    And also,

         3       Mr. President, Calendar Number 715, Senate

         4       Print 6263B, Senator Schneiderman's bill, can

         5       we please remove the lay-aside.  I laid the

         6       bill aside for the day.

         7                  ACTING PRESIDENT VALESKY:    The

         8       lay-aside on Calendar Number 715 is removed.

         9                  The Secretary will place that bill

        10       before the house, noncontroversial.

        11                  THE SECRETARY:    Calendar Number

        12       715, by Senator Schneiderman, Senate Print

        13       6263B, an act to amend the Insurance Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 4.  This

        17       act shall take --

        18                  SENATOR SALAND:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       727, by Senator Breslin, Senate Print 7682,

        23       Concurrent Resolution of the Senate and

        24       Assembly proposing amendments to Sections 5

        25       and 6 of Article 4 of the Constitution.



                      Candyco Transcription Service, Inc.
                                                        5249



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll on the resolution.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT VALESKY:

         5       Announce the results.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 727 are

         8       Senators Golden, Maziarz, Volker, Winner and

         9       Young.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Maziarz, to explain his vote.

        12                  SENATOR MAZIARZ:    Mr. President,

        13       I know that Mr. Testo is now 60 years and one

        14       day old and his eyesight isn't what it used to

        15       be, but I am up on this bill, Mr. President.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Maziarz to be recorded in the

        18       affirmative.

        19                  The Secretary will announce the

        20       results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Calendar Number 727 are

        23       Senators Golden and Volker.

        24                  Ayes, 59.  Nays, 2.

        25                  ACTING PRESIDENT VALESKY:    First



                      Candyco Transcription Service, Inc.
                                                        5250



         1       consideration on this concurrent resolution is

         2       approved.

         3                  THE SECRETARY:    Calendar Number

         4       728, by Senator Addabbo, Senate Print --

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       729, by Senator L. Krueger, Senate Print

        11       7798A, an act to amend the Judiciary Law and

        12       the Civil Practice Law and Rules.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT VALESKY:

        21       Announce the results.

        22                  THE SECRETARY:    Those recorded in

        23       the negative on Calendar Number 729 are

        24       Senators Alesi, Bonacic, DeFrancisco, Farley,

        25       Flanagan, Fuschillo, Golden, Griffo, Hannon,



                      Candyco Transcription Service, Inc.
                                                        5251



         1       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         2       Libous, Little, Marcellino, Maziarz, McDonald,

         3       Nozzolio, Padavan, Ranzenhofer, Robach,

         4       Saland, Seward, Skelos, Volker, Winner and

         5       Young.

         6                  Ayes, 32.  Nays, 29.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       763, by Senator Adams, Senate Print 2717, an

        11       act to amend the Racing, Pari-Mutuel Wagering

        12       and Breeding Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect on the 180th day.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       764, by Senator Adams, Senate Print 7578, an

        25       act to amend the Racing, Pari-Mutuel Wagering



                      Candyco Transcription Service, Inc.
                                                        5252



         1       and Breeding Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       765, by Senator Stachowski, Senate Print

        14       7801A, an act to amend the General Municipal

        15       Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT VALESKY:

        24       Announce the results.

        25                  THE SECRETARY:    Those recorded in



                      Candyco Transcription Service, Inc.
                                                        5253



         1       the negative on Calendar Number 765 are

         2       Senators Duane, Farley, LaValle, Marcellino,

         3       Padavan, Saland and Skelos.

         4                  Ayes, 54.  Nays, 7.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       777, by Senator L. Krueger, Senate Print 4785,

         9       an act to amend the Public Authorities Law.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       787, by Member of the Assembly Clark, Assembly

        22       Print Number 3233B, an act to amend the

        23       Executive Law.

        24                  ACTING PRESIDENT VALESKY:    Read

        25       the last section.



                      Candyco Transcription Service, Inc.
                                                        5254



         1                  THE SECRETARY:    Section 4.  This

         2       act shall take effect April 1, 2011.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  SENATOR KLEIN:    Lay the bill

         7       aside for the day, please.

         8                  ACTING PRESIDENT VALESKY:    The

         9       roll call is withdrawn.  The bill is laid

        10       aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       797, by Member of the Assembly Glick, Assembly

        13       Print Number 2769A, an act to amend the State

        14       Finance Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 5.  This

        18       act shall take effect January 1, 2012.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT VALESKY:

        23       Announce the results.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 797:  Ayes, 59.  Nays, 2.



                      Candyco Transcription Service, Inc.
                                                        5255



         1       Voting in the negative, Senators Larkin and

         2       Skelos.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       802, by Senator Duane, Senate Print 7902, an

         7       act to amend the Public Health Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT VALESKY:

        16       Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 802 are

        19       Senators Bonacic, DeFrancisco, Farley,

        20       Flanagan, Golden, Griffo, Hannon, O. Johnson,

        21       Larkin, LaValle, Leibell, Libous, Little,

        22       Marcellino, Maziarz, McDonald, Nozzolio,

        23       Ranzenhofer, Robach, Saland, Seward, Skelos,

        24       Volker, Winner and Young.

        25                  Senator Maziarz voting in the



                      Candyco Transcription Service, Inc.
                                                        5256



         1       affirmative.  Again.

         2                  Ayes, 37.  Nays, 24.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       804, by Senator L. Krueger, Senate Print 7938,

         7       an act to amend the Executive Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Liz Krueger, to explain her vote.

        17                  SENATOR LIZ KRUEGER:    Thank you

        18       very much.

        19                  Of course I'm supporting my own

        20       bill.  But I want to point out what this bill

        21       would do is to allow us to invite into our

        22       chamber approximately three times a year, and

        23       the Assembly to invite into their chamber

        24       three times a year, the Governor of the great

        25       State of New York, so that we could ask



                      Candyco Transcription Service, Inc.
                                                        5257



         1       questions and have them answered, that we

         2       could have a broader dialogue between the

         3       Legislature and the Governor of the State of

         4       New York that would in fact be on television,

         5       as everything we do is, would give us an

         6       opportunity to have open discussion back and

         7       forth, to raise challenging questions to the

         8       Governor, have the Governor challenge us back.

         9                  I think that this is a terrific

        10       model for transparency and it would give us an

        11       opportunity -- some of us who might be in

        12       agreement with any given Governor, some of us

        13       who might be opposed to any given Governor --

        14       to have that dialogue in a public, formal

        15       place, the great Senate floor.

        16                  And to be honest I would think

        17       everybody, regardless of party, regardless of

        18       who the Governor might be at that time, would

        19       see a real value in this.  It happens in a

        20       variety of European and other nations

        21       parliaments, and I think it's a very good

        22       model to go forward with.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Krueger to be recorded in the



                      Candyco Transcription Service, Inc.
                                                        5258



         1       affirmative.

         2                  Senator Bonacic, to explain his

         3       vote.

         4                  SENATOR BONACIC:    Just to explain

         5       my vote.

         6                  I find that the Governor has to

         7       travel quite a bit statewide, outside the

         8       state.  And when he feels it's necessary to

         9       speak to the Legislature, he goes to the

        10       different chambers and he speaks to them.

        11                  I've served under three governors.

        12       When I call the Governor and say I want to

        13       speak to him, he invites me and I do speak to

        14       him.

        15                  To suggest that the Legislature

        16       doesn't have access to a governor for openness

        17       and transparency -- this is just an

        18       unnecessary feel-good piece of legislation.  I

        19       don't think it changes the dynamics at all

        20       between the Governor and the Legislature.  I'm

        21       voting no.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Bonacic to be recorded in the

        24       negative.

        25                  Senator Libous.



                      Candyco Transcription Service, Inc.
                                                        5259



         1                  SENATOR LIBOUS:    Mr. President, I

         2       want to change my vote.  I'm now convinced

         3       that I should vote no.

         4                  (Laughter.)

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Libous to be recorded in the negative.

         7                  Senator Alesi, to explain his vote.

         8                  SENATOR ALESI:    Without regard to

         9       any of my colleagues changing their votes, I

        10       am voting yes on this bill for an entirely

        11       different reason.  And that is that in view of

        12       the fact that we haven't seen much of the

        13       Governor in a public forum during this

        14       late-budget season, I can't help but support

        15       this effort.  Because if nothing else, we'd

        16       have the Governor, whoever that might be for

        17       ensuing years, meeting with the Legislature

        18       when at this point we haven't seen him in a

        19       public forum.

        20                  Not to let the Majority off the

        21       hook on this, because we haven't seen them in

        22       a public forum either.  But I'm voting yes.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Alesi to be recorded in the

        25       affirmative.



                      Candyco Transcription Service, Inc.
                                                        5260



         1                  Senator Maziarz, to explain his

         2       vote.

         3                  SENATOR MAZIARZ:    Mr. President,

         4       to explain my vote, thank you.

         5                  I'm voting in the affirmative.  But

         6       be careful what you wish for.

         7                  Thank you.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Maziarz to be recorded in the

        10       affirmative.

        11                  Senator Saland, to explain his

        12       vote.

        13                  SENATOR SALAND:    Thank you,

        14       Mr. President.

        15                  Mr. President, we're obviously

        16       attempting here to draw on the Westminster

        17       system that, as Senator Krueger pointed out,

        18       is common among European parliaments,

        19       particularly those that have been influenced

        20       by the British model.  What she's talking

        21       about is something they call question time,

        22       and some of us may see it on C-SPAN.

        23                  And I would merely suggest if we

        24       want to do their system or draw upon their

        25       system, I'm not quite sure how we penalize the



                      Candyco Transcription Service, Inc.
                                                        5261



         1       Governor for not showing.  We might want to

         2       consider also, if a bill fails -- for example,

         3       particularly a program bill -- that the

         4       government collapses and there's an immediate

         5       call for elections.

         6                  (Laughter.)

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Saland, how do you vote?

         9                  SENATOR SALAND:    I vote in the

        10       negative.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Saland to be recorded in the negative.

        13                  Senator Larkin, to explain his

        14       vote.

        15                  SENATOR LARKIN:    Well, you know,

        16       in explaining this, you have to go back to

        17       '07.  We said as a law that we would meet

        18       10 days after the Governor gave us his budget.

        19       Now we're coming here four years later and

        20       saying require the Governor to meet with the

        21       Assembly and the Senate once a month to answer

        22       questions.

        23                  My question is, what about the

        24       months that we're not in session, where does

        25       he go and where do we meet?  Can anybody tell



                      Candyco Transcription Service, Inc.
                                                        5262



         1       me?

         2                  I know I'm explaining my vote, but

         3       I haven't heard anybody explain the rationale

         4       of where we're going to meet and why we're not

         5       going to meet.  And if this is so important,

         6       what happened to the bill of three years ago?

         7       I thought it was very important.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Larkin to be recorded in the negative.

        10                  Announce the results.

        11                  THE SECRETARY:    Those recorded in

        12       the negative on Calendar Number 804 are

        13       Senators Bonacic, DeFrancisco, Farley,

        14       Flanagan, Larkin, LaValle, Leibell, Libous,

        15       Saland, Skelos, Winner and Young.

        16                  Ayes, 49.  Nays, 12.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       810, by Senator Thompson, Senate Print 1205A,

        21       an act to amend the General Business Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                                        5263



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Saland, to explain his vote.

         6                  SENATOR SALAND:    Mr. President,

         7       this is a totally superfluous piece of

         8       legislation.

         9                  Under the Corrections Law

        10       currently -- I believe it's Article 23A --

        11       there has to be some relationship to whatever

        12       position the party is seeking and the reason

        13       for denial based upon his or her conviction.

        14       If in fact a determination is made that a

        15       nonviolent felon is in no way, shape or form a

        16       danger to a customer or a client, whatever the

        17       appropriate term -- patron, whatever the

        18       appropriate term would be -- that law

        19       currently protects him or her.

        20                  There's really no need for this.

        21       And that law has been on the books for the

        22       longest period of time and is often used in

        23       these situations to determine relevance.  For

        24       example, if in fact the conviction occurred 15

        25       or 20 years ago, just on the stretch of time



                      Candyco Transcription Service, Inc.
                                                        5264



         1       it may not be deemed relevant.

         2                  So I would merely suggest that this

         3       really is totally, as I said before,

         4       superfluous, and I'm going to vote in the

         5       negative.  Thank you.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Saland to be recorded in the negative.

         8                  Announce the results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative on Calendar Number 810 are

        11       Senators Bonacic, DeFrancisco, Hannon,

        12       O. Johnson, Larkin, LaValle, Libous, Little,

        13       Marcellino, Nozzolio, Ranzenhofer, Saland,

        14       Skelos, Volker, Winner and Young.  Also

        15       Senator Farley.  Also Senator Maziarz.  Also

        16       Senator Golden.  Also Senator Griffo.

        17                  In relation to Calendar Number 810,

        18       also voting in the negative:  Senator

        19       Fuschillo.

        20                  Ayes, 40.  Nays, 21.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       819, by Senator Savino, Senate Print 8057, an

        25       act to amend the Estates, Powers and Trusts



                      Candyco Transcription Service, Inc.
                                                        5265



         1       Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the first of January.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       822, by Senator Fuschillo, Senate Print 41, an

        14       act to amend the Judiciary Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect on the 60th day.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        5266



         1       823, by Senator Thompson, Senate Print 2517B,

         2       an act to amend the Civil Rights Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the 180th day.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT VALESKY:

        11       Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 823 are

        14       Senators Bonacic, DeFrancisco, Farley,

        15       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        16       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        17       Libous, Little, Marcellino, Maziarz, McDonald,

        18       Nozzolio, Padavan, Ranzenhofer, Robach,

        19       Saland, Seward, Skelos, Volker, Winner and

        20       Young.

        21                  Ayes, 33.  Nays, 28.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       824, by Senator Stewart-Cousins, Senate Print



                      Candyco Transcription Service, Inc.
                                                        5267



         1       2554B, an act to amend the Election Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 5.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT VALESKY:

        10       Announce the results.

        11                  THE SECRETARY:    Those recorded in

        12       the negative on Calendar Number 824 are

        13       Senators Alesi, Bonacic, DeFrancisco, Farley,

        14       Flanagan, Fuschillo, Golden, Griffo,

        15       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        16       Libous, Little, Marcellino, Maziarz, McDonald,

        17       Nozzolio, Padavan, Ranzenhofer, Robach,

        18       Saland, Seward, Skelos, Volker, Winner and

        19       Young.

        20                  Ayes, 33.  Nays, 28.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       826, by Senator Parker, Senate Print 3764, an

        25       act to amend the Penal Law.



                      Candyco Transcription Service, Inc.
                                                        5268



         1                  ACTING PRESIDENT VALESKY:    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 VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT VALESKY:

        10       Senator DeFrancisco, to explain his vote.

        11                  SENATOR DeFRANCISCO:    I'm going

        12       to vote no, for the reason I've voted no on

        13       all of these.  It's another example of trying

        14       to cater to one group and make a penalty for

        15       an assault greater if you happen to be that

        16       type of victim.

        17                  This bill already says that if you

        18       cause physical injury to a train operator, a

        19       ticket inspector, a conductor, a signal

        20       person, a bus operator, a station agent -- I

        21       guess we missed one, because that's what this

        22       bill is, the station cleaner or terminal

        23       cleaner.

        24                  So I think you've got just about

        25       every worker.  Which it would have been a heck



                      Candyco Transcription Service, Inc.
                                                        5269



         1       of a lot easier just to raise the assault

         2       level for everybody.  But I would suggest that

         3       maybe the next one of these bills add

         4       passenger, because passengers do get assaulted

         5       under these circumstances, and then maybe

         6       we'll have the all-encompassing bill that we

         7       won't have to do this year after year, adding

         8       that specific preferred class to a felony

         9       bill.

        10                  Thank you.  I vote no.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator DeFrancisco to be recorded in the

        13       negative.

        14                  Senator Adams, to explain his vote.

        15                  SENATOR ADAMS:    Yeah, thank you.

        16       I started out my law enforcement career as a

        17       transit police officer.  And the role of those

        18       who are in the transit system, Mr. President,

        19       is not merely there just to clean the station,

        20       but to move large numbers of passengers.

        21                  And we all understand that we

        22       should ensure that anyone that assaults a

        23       victim or an innocent person should have a

        24       substantial penalty.  But those who drive

        25       buses, trains and conduct the movement of



                      Candyco Transcription Service, Inc.
                                                        5270



         1       millions of passengers, particularly in

         2       New York City, should get a special

         3       classification if they are assaulted or if

         4       they do have to deploy large numbers of

         5       people.

         6                  This is a good bill.  And many

         7       transit employees operate alone in the subway

         8       system.  And when you understand the

         9       complexity of the miles of subway system in

        10       New York, we understand that they need this

        11       additional protection.  And so I will be

        12       voting aye on this bill and the importance of

        13       protecting our Transit Authority employees.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Adams to be recorded in the

        16       affirmative.

        17                  Announce the results.

        18                  THE SECRETARY:    Those recorded in

        19       the negative on Calendar Number 826 are

        20       Senators DeFrancisco, Little and Ranzenhofer.

        21                  Ayes, 58.  Nays, 3.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       830, by Senator Hassell-Thompson, Senate Print



                      Candyco Transcription Service, Inc.
                                                        5271



         1       4688, an act to amend the Penal Law and the

         2       General Business Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 4.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT VALESKY:

        11       Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 830 are

        14       Senators Bonacic, Farley, Flanagan, Fuschillo,

        15       Golden, Griffo, O. Johnson, Lanza, LaValle,

        16       Libous, Little, Nozzolio, Skelos, Winner and

        17       Young.  Also Senator Hannon.

        18                  (Pause.)

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 830, those recorded in the

        21       negative:  Senators Bonacic, Farley, Flanagan,

        22       Fuschillo, Golden, Griffo, Hannon, O. Johnson,

        23       Lanza, Larkin, LaValle, Libous, Little,

        24       Nozzolio, Robach, Saland, Seward, Skelos,

        25       Volker, Winner and Young.



                      Candyco Transcription Service, Inc.
                                                        5272



         1                  Ayes, 40.  Nays, 21.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       831, by Member of the Assembly John, Assembly

         6       Print Number 2132, an act to amend the

         7       Correction Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of

        12       November.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       835, by Senator Foley, Senate Print 5536A, an

        21       act to amend the Penal Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect on the first of --



                      Candyco Transcription Service, Inc.
                                                        5273



         1                  SENATOR LIBOUS:    Lay the bill

         2       aside.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       836, by Senator Aubertine, Senate Print 5593A,

         7       an act to amend the Vehicle and Traffic Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 61.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       838, by Senator Hassell-Thompson, Senate Print

        20       5865, an act to amend the Penal Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the 90th day.

        25                  ACTING PRESIDENT VALESKY:    Call



                      Candyco Transcription Service, Inc.
                                                        5274



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 61.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       839, by Member of the Assembly Schimel,

         8       Assembly Print Number 6468C, an act to amend

         9       the Penal Law.

        10                  SENATOR LIBOUS:    Lay it aside.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is laid aside.

        13                  THE SECRETARY:    Calendar Number

        14       849, by Senator Dilan, Senate Print 7485A, an

        15       act to amend the Vehicle and Traffic Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT VALESKY:    The

        25       bill is passed.



                      Candyco Transcription Service, Inc.
                                                        5275



         1                  THE SECRETARY:    Calendar Number

         2       850, by Senator Schneiderman, Senate Print

         3       7588, an act to amend the Criminal Procedure

         4       Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect on the 180th day.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       852, by Senator Peralta --

        17                  SENATOR KLEIN:    Lay the bill

        18       aside for the day, please.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       853, by Member of the Assembly Paulin,

        23       Assembly Print Number 9938A, an act to amend

        24       the Penal Law.

        25                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                                        5276



         1       the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect on the 90th day.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       854, by Member of the Assembly Gianaris,

        12       Assembly Print Number 3514A, an act to amend

        13       the Criminal Procedure Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT VALESKY:

        22       Senator DeFrancisco, to explain his vote.

        23                  SENATOR DeFRANCISCO:    I'm not so

        24       sure how many people in the chambers have ever

        25       ordered a transcript in a trial, actually a



                      Candyco Transcription Service, Inc.
                                                        5277



         1       homicide offense, especially those that go on

         2       for weeks and maybe even longer.

         3                  This could be tens of thousands of

         4       dollars.  Certainly in some of these instances

         5       maybe a free transcript is warranted, but not

         6       in every case, just because the people happen

         7       to be of a certain definition as there are in

         8       this bill.

         9                  I think that there's -- if the

        10       transcript is needed for a court proceeding,

        11       there are procedures to ask the court to order

        12       a free transcript be given if the person

        13       cannot afford it.

        14                  So I just think this is a horrible

        15       mandate, and I'm going to vote no for that

        16       reason, because of the expense that is being

        17       picked up by government.

        18                  Thank you.

        19                  ACTING PRESIDENT VALESKY:

        20       Senator DeFrancisco to be recorded in the

        21       negative.

        22                  Senator Farley, to explain his

        23       vote.

        24                  SENATOR FARLEY:    I just want to

        25       concur with what Senator DeFrancisco said.



                      Candyco Transcription Service, Inc.
                                                        5278



         1                  This could be an incredible expense

         2       to the court system and to the State of New

         3       York, and I'm going to vote no on this.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Farley to be recorded in the negative.

         6                  Announce the results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 854 are

         9       Senators DeFrancisco, Farley, Golden,

        10       O. Johnson, Larkin, LaValle, Libous,

        11       Ranzenhofer, Saland, Seward, Skelos, Volker,

        12       Winner and Young.  Also Senator Leibell.  Also

        13       Senator Nozzolio.

        14                  Ayes, 45.  Nays, 16.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       855, by Senator Stavisky, Senate Print 7856,

        19       an act to amend the Penal Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the first of

        24       November.

        25                  ACTING PRESIDENT VALESKY:    Call



                      Candyco Transcription Service, Inc.
                                                        5279



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 61.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       958, substituted earlier today by the Assembly

         8       Committee on Rules, Assembly Print Number

         9       11440, an act to amend the Education Law.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Klein.

        12                  SENATOR KLEIN:    Mr. President, is

        13       there a message of necessity at the desk?

        14                  ACTING PRESIDENT VALESKY:    There

        15       is a message of necessity at the desk.

        16                  SENATOR KLEIN:    Mr. President, I

        17       move to accept the message at this time.

        18                  ACTING PRESIDENT VALESKY:    The

        19       question is on accepting the message of

        20       necessity from the Governor.  All in favor

        21       signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT VALESKY:

        24       Opposed, nay.

        25                  (Response of "Nay.")



                      Candyco Transcription Service, Inc.
                                                        5280



         1                  ACTING PRESIDENT VALESKY:    The

         2       message is accepted.

         3                  The Secretary will read the last

         4       section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  SENATOR LIBOUS:    Mr. President,

        11       will you lay this bill aside, please.

        12                  ACTING PRESIDENT VALESKY:    The

        13       roll call is withdrawn, and the bill is laid

        14       aside.

        15                  Senator Klein, that completes the

        16       reading of the noncontroversial calendar.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Mr. President,

        19       can you please call on Senator Libous for a

        20       brief announcement.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Libous.

        23                  SENATOR LIBOUS:    Thank you,

        24       Senator Klein.

        25                  Immediate Republican conference.



                      Candyco Transcription Service, Inc.
                                                        5281



         1                  ACTING PRESIDENT VALESKY:    There

         2       will be an immediate conference of the Senate

         3       Republican minority in the Minority Conference

         4       Room.

         5                  SENATOR KLEIN:    Pending the

         6       completion of the conference, Mr. President,

         7       can we please stand at ease.

         8                  But I want to remind my colleagues

         9       to stay close to the chambers.  We're probably

        10       going to be back in about a half an hour.

        11                  ACTING PRESIDENT VALESKY:    The

        12       Senate will stand at ease.

        13                  (Whereupon, the Senate stood at

        14       ease at 3:04 p.m.)

        15                  (Whereupon, the Senate reconvened

        16       at 4:50 p.m.)

        17                  ACTING PRESIDENT VALESKY:    The

        18       Senate will return to order.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, at

        21       this time may we call up Calendar Number 958

        22       on the controversial calendar.

        23                  ACTING PRESIDENT VALESKY:    The

        24       Secretary will ring the bells.

        25                  All Senators are asked to come to



                      Candyco Transcription Service, Inc.
                                                        5282



         1       the chamber for the reading of the

         2       controversial calendar, beginning with

         3       Calendar Number 958, which the Secretary will

         4       place before the house.

         5                  THE SECRETARY:    Calendar Number

         6       958, by the Assembly Committee on Rules,

         7       Assembly Print Number 11440, an act to amend

         8       the Education Law.

         9                  ACTING PRESIDENT VALESKY:    Are

        10       there any Senators wishing to be heard?

        11                  SENATOR LIBOUS:    Mr. President.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Libous.

        14                  SENATOR LIBOUS:    If there are any

        15       Republican members that hear my voice, it's

        16       important that they come to the chamber

        17       because we are going to vote on this very,

        18       very important piece of legislation that is

        19       before the house.

        20                  And I think that they would want to

        21       come to the chamber immediately so that they

        22       could register the proper vote on behalf of

        23       their constituents.

        24                  ACTING PRESIDENT VALESKY:    Seeing

        25       no Senators who wish to debate the bill, the



                      Candyco Transcription Service, Inc.
                                                        5283



         1       debate is closed.

         2                  The Secretary will ring the bells

         3       once again.

         4                  All Senators are asked to proceed

         5       immediately to the chamber so that we may call

         6       the roll.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President, on

         9       Calendar Number 958, can we just lay the bill

        10       aside temporarily and move on with the rest of

        11       the agenda.

        12                  Let's take up Calendar Number 839.

        13                  ACTING PRESIDENT VALESKY:

        14       Calendar Number 958 will be laid aside

        15       temporarily.

        16                  The Secretary will place Calendar

        17       Number 839 before the house.

        18                  THE SECRETARY:    Calendar Number

        19       839, by Member of the Assembly Schimel,

        20       Assembly Print Number 6468C, an act to amend

        21       the Penal Law.

        22                  ACTING PRESIDENT VALESKY:    Is

        23       there any Senator who wishes to be heard?

        24                  Hearing none, the debate is closed.

        25                  The Secretary will ring the bells.



                      Candyco Transcription Service, Inc.
                                                        5284



         1       All Senators are asked to proceed to the

         2       chamber for the roll call on Calendar Number

         3       839.

         4                  Senator Schneiderman, on the bill.

         5                  SENATOR SCHNEIDERMAN:    Thank you,

         6       Mr. President.

         7                  This is legislation that has been

         8       requested and is supported by dozens of law

         9       enforcement organizations and law enforcement

        10       officials across the State of New York.  It is

        11       to provide an essential tool so that we can

        12       solve violent gun crimes by ensuring that the

        13       ballistics analysis of our guns -- which is

        14       done already in this state, Mr. President --

        15       has the advantage of having all semiautomatic

        16       pistols sold in this state in the future --

        17       we've got a few years to implement it --

        18       microstamp-ready.  They will have

        19       identification numbers.

        20                  Guns already have serial numbers.

        21       This will just guarantee that for

        22       semiautomatic handguns, the favored guns of

        23       gangs, the cartridges, the shell casings will

        24       be stamped with a number.

        25                  As has been testified to and



                      Candyco Transcription Service, Inc.
                                                        5285



         1       written about by many law enforcement officers

         2       and district attorneys, police chiefs,

         3       sheriffs in our state and elsewhere, this is

         4       something that is on the level of

         5       fingerprinting, DNA, vehicle identification

         6       numbers.  This is a great technological tool

         7       to advance the cause of public safety.  We

         8       cannot keep our streets safe if we can't catch

         9       gun criminals.

        10                  And I would urge all of my

        11       colleagues to support this bill.  This is not

        12       a gun control bill, this is a crime control

        13       bill.  By definition, any shell casings that

        14       are ejected at the scene of a shooting that

        15       the police are investigating, that's a violent

        16       criminal -- that came from a violent criminal.

        17                  So I would ask the support of all

        18       of my colleagues on both sides of the aisle

        19       for this important public safety legislation

        20       and urge everyone to vote yes.

        21                  ACTING PRESIDENT VALESKY:    Thank

        22       you, Senator Schneiderman.

        23                  Are there any other Senators who

        24       wish to be heard?

        25                  Seeing none, the debate is closed.



                      Candyco Transcription Service, Inc.
                                                        5286



         1       The Secretary will ring the bells.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 7.  This

         4       act shall take effect January 1, 2012.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Squadron, to explain his vote.

        10                  SENATOR SQUADRON:    Thank you,

        11       Mr. President.

        12                  First of all, I want to commend

        13       Senator Schneiderman and Assemblymember

        14       Schimel for their hard work to get this bill

        15       passed.

        16                  Look, this is very simple.  When

        17       folks use guns in crimes, when folks use guns

        18       to kill or injure people, we want to know how

        19       that gun was obtained, who used that gun.

        20       This bill makes it easier.

        21                  And the fact is the arguments

        22       against this bill just don't make any sense.

        23       In New York State we want to make sure that we

        24       have the absolute best identification, crime

        25       fighting, ability to fight gun violence that



                      Candyco Transcription Service, Inc.
                                                        5287



         1       is such a scourge across our state.  This bill

         2       will allow us to do it and allow us to do it

         3       in a 21st-century way.

         4                  The idea that somehow we wouldn't

         5       want to know who is using what gun when they

         6       commit a crime, that somehow we would want to

         7       not require the top technology to identify the

         8       most dangerous kind of criminals, the most

         9       dangerous kind of crimes and weapons is

        10       absolutely shocking to me.

        11                  I vote yes.  Thank you,

        12       Mr. President.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Squadron to be recorded in the

        15       affirmative.

        16                  Senator Craig Johnson, to explain

        17       his vote.

        18                  SENATOR CRAIG JOHNSON:    Thank you

        19       very much, Mr. President.  I also rise to vote

        20       in the affirmative on this bill.

        21                  I want to commend Senator

        22       Schneiderman.  I also want to thank publicly

        23       Assemblywoman Schimel, Michelle Schimel, who

        24       represents my area, my home district in the

        25       7th Senatorial District, for her leadership.



                      Candyco Transcription Service, Inc.
                                                        5288



         1       This has been a very important piece of

         2       legislation for Assemblywoman Schimel, someone

         3       who has advocated tirelessly all across

         4       New York State on this particular bill.

         5                  As Senator Squadron talked about,

         6       Senator Schneiderman, this is a crime-fighting

         7       tool, plain and simple.  This will help our

         8       law enforcement officers hunt down those who

         9       commit violent crimes with guns.  I believe

        10       that in the 21st century our police officers,

        11       our detectives, our law enforcement officials

        12       deserve 21st-century technology, and that's

        13       what we're providing here today.

        14                  I vote yes, Mr. President.  Thank

        15       you.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Craig Johnson to be recorded in the

        18       affirmative.

        19                  Senator Adams, to explain his vote.

        20                  SENATOR ADAMS:    Thank you,

        21       Mr. President.

        22                  I don't think anything is more

        23       challenging or difficult when you go to a

        24       family's house and you tell them that their

        25       child or their family member was the victim of



                      Candyco Transcription Service, Inc.
                                                        5289



         1       gun violence.  To compound that is when police

         2       respond to the scene and they see the

         3       ballistic evidence lying on the ground and

         4       there's no indicator or no way to compare the

         5       bullets.

         6                  To vote against this bill after all

         7       of our law enforcement communities have

         8       clearly indicated the importance of this --

         9       this sends a very strong message.  I vote aye

        10       for this bill, not only for those crimes and

        11       bullets and firearms that are on the street,

        12       but the countless number of people we can

        13       bring, guilty people to justice.

        14                  This is an important bill, and

        15       politics should not get in the way of public

        16       safety.  I vote aye on this bill, and I

        17       commend the sponsor of the bill.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Adams to be recorded in the

        20       affirmative.

        21                  Senator Liz Krueger, to explain her

        22       vote.

        23                  SENATOR LIZ KRUEGER:    Thank you,

        24       Mr. President.  I also rise to support this

        25       bill.



                      Candyco Transcription Service, Inc.
                                                        5290



         1                  And to be honest, I don't

         2       understand anyone voting no.  It's simply

         3       using 21st-century technology to ensure that

         4       we can track where a gun has been used and

         5       where bullets have been shot through a gun.

         6                  Obviously, if the gun is being used

         7       for legal purposes with legal outcomes,

         8       there's no issue.  But obviously, if a crime

         9       has been committed, being able to track the

        10       gun that was used in the crime is a critical

        11       issue.  We talk all the time about modern

        12       forensic science making it more possible for

        13       law enforcement to find the guilty parties and

        14       bring them to justice.  And this seems such an

        15       elegant and efficient way to ensure that law

        16       enforcement has more tools in order to find

        17       guilty parties and bring them to justice in

        18       the case of gun violence.

        19                  I'm really fairly shocked that

        20       there are people who are going to vote no on

        21       this bill, because it is so commonsense and so

        22       important for us to move forward with.

        23                  So of course I'll be voting yes.

        24       Thank you very much, Mr. President.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        5291



         1       Senator Liz Krueger to be recorded in the

         2       affirmative.

         3                  Senator Montgomery, to explain her

         4       vote.

         5                  SENATOR MONTGOMERY:    Yes, thank

         6       you, Mr. President.

         7                  I rise to thank Senator

         8       Schneiderman for introducing this legislation.

         9       It's extremely important.  I represent a

        10       district where there are any number of young

        11       people who are killed by guns.  And one of the

        12       most difficult aspects of trying to address

        13       this issue is that we have this "no snitching"

        14       problem in my district.

        15                  And so police in my district -- I

        16       met with a group of police officers in one of

        17       the precincts in my district this past week,

        18       and they certainly look for this as one of the

        19       opportunities that they would have to address

        20       the difficult problem of tracing where the

        21       guns come from that are involved in these

        22       crimes.

        23                  We had a vigil for a 16-year-old

        24       young person who was killed by gunfire, and it

        25       goes on and on with these problems, with these



                      Candyco Transcription Service, Inc.
                                                        5292



         1       issues.

         2                  And I know that police, sheriffs,

         3       and law enforcement officers across the state

         4       are advertising on the radio, asking their

         5       constituents to call us to ask us to please

         6       pass this legislation.

         7                  So I rise on behalf of all of those

         8       young people who have been killed, in my

         9       district especially, that we would like to see

        10       this bill pass this house today.

        11                  Thank you, Mr. President.  I vote

        12       aye.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Montgomery to be recorded in the

        15       affirmative.

        16                  Senator Perkins, to explain his

        17       vote.

        18                  SENATOR PERKINS:    Thank you,

        19       Mr. President.  I just rise to support this.

        20                  And first I want to commend Senator

        21       Schneiderman for the extraordinary work that

        22       he has contributed to making this legislation

        23       here before us.  Not only did he do work in

        24       the city and the state, but he went around the

        25       country to get a true assessment of the value



                      Candyco Transcription Service, Inc.
                                                        5293



         1       of this type of legislation as it is a tool to

         2       fight crime, it's a tool to show our support

         3       for law enforcement, it's a tool that takes

         4       into consideration modern technology.

         5                  And it's a relief on its way to

         6       many of us who have had to suffer in our

         7       communities gun violence in such a regular and

         8       horrible way.

         9                  So this is I think a great tribute

        10       to us in terms of trying to fight crime to us

        11       in terms of allying ourselves with the law

        12       enforcement community that has so thoroughly

        13       endorsed this piece of legislation.

        14                  So I vote aye and want to thank

        15       again Senator Schneiderman and his counterpart

        16       in the Assembly as well.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Perkins to be recorded in the

        19       affirmative.

        20                  Senator Diaz, to explain his vote.

        21                  SENATOR DIAZ:    Thank you,

        22       Mr. President.

        23                  I just would like to unite with my

        24       colleagues and congratulate Senator Sampson

        25       for allowing this bill to come to the floor.



                      Candyco Transcription Service, Inc.
                                                        5294



         1                  Just a few weeks ago, we had a

         2       march in the Bronx with the Bronx borough

         3       president, Ruben Diaz, Jr., and a lady by the

         4       name of Gloria Cruz, who is the leader of Moms

         5       Against Gun Violence.

         6                  And we have too many gun deaths in

         7       the Bronx.  Too many.  Bodegueros, taxi

         8       drivers, senior citizens, and now youth have

         9       been killed.  And this is something that I

        10       don't know, I don't know how anybody could

        11       vote against it, because this is not -- this

        12       is something -- a tool to find who committed

        13       the crime.  That's as simple it is, something

        14       that will help us find out who is a criminal.

        15                  We're not judging the good people

        16       of the State of New York.  We're not trying to

        17       go after the good, decent citizens.  This is

        18       something that will help the police and the

        19       authorities to identify the gun and the

        20       bullet, as simple as that.  And that will help

        21       us in the Bronx, it will help us in the City

        22       of New York, it will help us throughout the

        23       state.

        24                  And I'm proud to vote yes on this

        25       one.  And thank you, Senator Paterson {sic},



                      Candyco Transcription Service, Inc.
                                                        5295



         1       for allowing us this opportunity to bring this

         2       to the floor.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Diaz to be recorded in the

         5       affirmative.

         6                  Senator Smith, to explain his vote.

         7                  SENATOR SMITH:    Thank you very

         8       much, Mr. President.

         9                  It has been at least several months

        10       now, and I believe many people have heard not

        11       only the shot but have heard the call of many

        12       young people who have been killed by an

        13       unfortunate gun incident.

        14                  The Senate majority has taken a

        15       position that gun violence, gang violence is

        16       an issue that we are looking to deal with,

        17       namely in the spirit of a program called

        18       Operation SNUG, which is against gun violence,

        19       gang violence.  And this particular bill by

        20       Senator Schneiderman -- who I applaud for

        21       bringing it forward -- on microstamping is

        22       another part of that program.

        23                  I think there is some clarity that

        24       needs to be given to this.  One, this is not

        25       an anti-gun or challenge to the Second



                      Candyco Transcription Service, Inc.
                                                        5296



         1       Amendment of any shape or form.  It is

         2       strictly giving our law enforcement

         3       individuals the technological tool so that one

         4       can trace and determine, when there was a

         5       particular gunshot or someone was murdered,

         6       unfortunately, we can trace it.

         7                  Secondly, Mayor Bloomberg was here

         8       today.  He expressed the support of many

         9       mayors around this state.  Mayor Miner was

        10       here, from Syracuse.  The mayor from Utica was

        11       here.  A number of mayors, over a hundred

        12       mayors support microstamping.  There are over

        13       a thousand murders in the state and City of

        14       New York that have not been cleared up.

        15                  So this is a commonsense bill.  The

        16       fact that some people are purporting it to be

        17       against those who are hunters is in error.

        18                  So, Mr. President, I will be voting

        19       yes and I do hope the practical consciences of

        20       my colleagues will allow them to vote yes as

        21       well.

        22                  Thank you.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Smith to be recorded in the

        25       affirmative.



                      Candyco Transcription Service, Inc.
                                                        5297



         1                  Senator Oppenheimer, to explain her

         2       vote.

         3                  SENATOR OPPENHEIMER:    Well, like

         4       Senator Krueger, I'm having a lot of

         5       difficulty understanding why anyone would ever

         6       vote against this.  In reading the

         7       applicability, I see that this bill only

         8       applies to licensed dealers, wholesale

         9       dealers, and manufacturers.  It does not apply

        10       to gun owners.

        11                  I recognize that gun owners feel

        12       very threatened.  They may feel that if they

        13       pass one bill, that it's a slippery slope and

        14       a lot of other legislation will follow.  But

        15       this doesn't apply to gun owners.  And it's

        16       just something that will help us find out more

        17       information about who the manufacturer is,

        18       perhaps who the robber or the person doing the

        19       crime is.  I can't understand why anyone

        20       wouldn't want to have that kind of

        21       information.

        22                  I understand the significance of

        23       gun ownership and of hunting and have always

        24       kept property that I own open to all hunters.

        25       It's an important, important contribution that



                      Candyco Transcription Service, Inc.
                                                        5298



         1       we have the hunters there in order to maintain

         2       the size of our deer population and other

         3       populations.

         4                  But this has nothing to do with

         5       that.  And I can't -- I don't really

         6       understand.  I haven't heard any satisfactory

         7       reasoning for why my colleagues would be

         8       against a bill like this.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Oppenheimer, how do you vote?

        11                  SENATOR OPPENHEIMER:    I'm voting

        12       yes.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Oppenheimer to be recorded in the

        15       affirmative.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Mr. President, I

        18       request a slow roll call.

        19                  ACTING PRESIDENT VALESKY:    Seeing

        20       the required minimum of five Senators rise,

        21       the fast roll call is withdrawn.

        22                  The Secretary will proceed with

        23       calling the roll call slowly.

        24                  SENATOR LIBOUS:    Mr. President,

        25       point of clarification.



                      Candyco Transcription Service, Inc.
                                                        5299



         1                  ACTING PRESIDENT VALESKY:

         2       Senator Libous, state your point of

         3       clarification.

         4                  SENATOR LIBOUS:    Aren't we

         5       presently on a roll call?

         6                  ACTING PRESIDENT VALESKY:    We

         7       have been.  I have just withdrawn the roll

         8       call after seeing five Senators rise in a call

         9       for a slow roll call.

        10                  SENATOR LIBOUS:    Thank you,

        11       Mr. President.  I just wanted to clarify what

        12       was going on.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will proceed with the roll call

        15       slowly.

        16                  THE SECRETARY:    Senator Adams.

        17                  SENATOR ADAMS:    I vote aye.

        18                  THE SECRETARY:    Senator Addabbo.

        19                  SENATOR ADDABBO:    Yes.

        20                  THE SECRETARY:    Senator Alesi.

        21                  SENATOR ALESI:    No.

        22                  THE SECRETARY:    Senator

        23       Aubertine.

        24                  SENATOR AUBERTINE:    No.

        25                  THE SECRETARY:    Senator Bonacic.



                      Candyco Transcription Service, Inc.
                                                        5300



         1                  Senator Bonacic in the negative.

         2                  Senator Breslin.

         3                  SENATOR BRESLIN:    Yes.

         4                  THE SECRETARY:    Senator

         5       DeFrancisco.

         6                  SENATOR DeFRANCISCO:    No.

         7                  THE SECRETARY:    Senator Diaz.

         8                  SENATOR DIAZ:    Si se puede.

         9                  THE SECRETARY:    Senator Dilan.

        10                  SENATOR DILAN:    Yes.

        11                  THE SECRETARY:    Senator Duane.

        12                  SENATOR DUANE:    Yes.

        13                  THE SECRETARY:    Senator Espada.

        14                  SENATOR ESPADA:    Yes.

        15                  THE SECRETARY:    Senator Farley.

        16                  SENATOR FARLEY:    No.

        17                  THE SECRETARY:    Senator Flanagan.

        18                  SENATOR FLANAGAN:    No.

        19                  THE SECRETARY:    Senator Foley.

        20                  SENATOR FOLEY:    Yes.

        21                  THE SECRETARY:    Senator

        22       Fuschillo.

        23                  SENATOR FUSCHILLO:    No.

        24                  THE SECRETARY:    Senator Golden.

        25                  (No response.)



                      Candyco Transcription Service, Inc.
                                                        5301



         1                  THE SECRETARY:    Senator Griffo.

         2                  SENATOR GRIFFO:    No.

         3                  THE SECRETARY:    Senator Hannon.

         4                  SENATOR HANNON:    No.

         5                  THE SECRETARY:    Senator

         6       Hassell-Thompson.

         7                  SENATOR HASSELL-THOMPSON:    Yes.

         8                  THE SECRETARY:    Senator Huntley.

         9                  SENATOR HUNTLEY:    Yes.

        10                  THE SECRETARY:    Senator C.

        11       Johnson.

        12                  SENATOR CRAIG JOHNSON:    Yes.

        13                  THE SECRETARY:    Senator O.

        14       Johnson.

        15                  SENATOR OWEN JOHNSON:    No.

        16                  THE SECRETARY:    Senator Klein.

        17                  SENATOR KLEIN:    Yes.

        18                  THE SECRETARY:    Senator

        19       L. Krueger.

        20                  SENATOR LIZ KRUEGER:    Yes.

        21                  THE SECRETARY:    Senator C.

        22       Kruger.

        23                  SENATOR CARL KRUGER:    Yes.

        24                  THE SECRETARY:    Senator Lanza.

        25                  SENATOR LANZA:    No.



                      Candyco Transcription Service, Inc.
                                                        5302



         1                  THE SECRETARY:    Senator Larkin.

         2                  SENATOR LARKIN:    No.

         3                  THE SECRETARY:    Senator LaValle.

         4                  SENATOR LaVALLE:    No.

         5                  THE SECRETARY:    Senator Leibell.

         6                  SENATOR LEIBELL:    No.

         7                  THE SECRETARY:    Senator Libous.

         8                  SENATOR LIBOUS:    No.

         9                  THE SECRETARY:    Senator Little.

        10                  SENATOR LITTLE:    No.

        11                  THE SECRETARY:    Senator

        12       Marcellino.

        13                  SENATOR MARCELLINO:    No.

        14                  THE SECRETARY:    Senator Maziarz.

        15                  SENATOR MAZIARZ:    No.

        16                  THE SECRETARY:    Senator McDonald.

        17                  SENATOR McDONALD:    No.

        18                  THE SECRETARY:    Senator

        19       Montgomery.

        20                  SENATOR MONTGOMERY:    Yes.

        21                  THE SECRETARY:    Senator Morahan,

        22       excused.

        23                  Senator Nozzolio.

        24                  SENATOR NOZZOLIO:    No.

        25                  THE SECRETARY:    Senator Onorato.



                      Candyco Transcription Service, Inc.
                                                        5303



         1                  SENATOR ONORATO:    Yes.

         2                  THE SECRETARY:    Senator

         3       Oppenheimer.

         4                  SENATOR OPPENHEIMER:    Yes.

         5                  THE SECRETARY:    Senator Padavan.

         6                  SENATOR PADAVAN:    Yes.

         7                  THE SECRETARY:    Senator Parker.

         8                  SENATOR PARKER:    Aye.

         9                  THE SECRETARY:    Senator Peralta.

        10                  SENATOR PERALTA:    Yes.

        11                  THE SECRETARY:    Senator Perkins.

        12                  SENATOR PERKINS:    Yes, sir.

        13                  THE SECRETARY:    Senator

        14       Ranzenhofer.

        15                  SENATOR RANZENHOFER:    No.

        16                  THE SECRETARY:    Senator Robach.

        17                  SENATOR ROBACH:    No.

        18                  THE SECRETARY:    Senator Saland.

        19                  SENATOR SALAND:    No.

        20                  THE SECRETARY:    Senator Sampson.

        21                  SENATOR SAMPSON:    Yes.

        22                  THE SECRETARY:    Senator Savino.

        23                  SENATOR SAVINO:    Yes.

        24                  THE SECRETARY:    Senator

        25       Schneiderman.



                      Candyco Transcription Service, Inc.
                                                        5304



         1                  ACTING PRESIDENT VALESKY:

         2       Senator Schneiderman, to explain his vote.

         3                  SENATOR SCHNEIDERMAN:    Thank you,

         4       Mr. President.

         5                  Obviously I'm voting yes on this

         6       bill.  I would urge my colleagues that, while

         7       there's still time, voting for this bill is

         8       votes against gun crime, it's voting to save

         9       lives, it's voting to help our law enforcement

        10       community.

        11                  And I frankly am stunned that we're

        12       seeing the no votes we are on this fundamental

        13       legislation to improve the public safety of

        14       all of our citizens.  You cannot keep our

        15       streets safe if you can't catch gun criminals.

        16       This is not a perfect solution, but it is a

        17       tool that our law enforcement community is

        18       begging for.

        19                  I vote yes, Mr. President, and urge

        20       everyone to vote yes.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Schneiderman to be recorded in the

        23       affirmative.

        24                  THE SECRETARY:    Senator Serrano.

        25                  SENATOR SERRANO:    Yes.



                      Candyco Transcription Service, Inc.
                                                        5305



         1                  THE SECRETARY:    Senator Seward.

         2                  SENATOR SEWARD:    No.

         3                  THE SECRETARY:    Senator Skelos:

         4       No.

         5                  Senator Smith.

         6                  SENATOR SMITH:    Yes.

         7                  THE SECRETARY:    Senator Squadron.

         8                  SENATOR SQUADRON:    Yes.

         9                  THE SECRETARY:    Senator

        10       Stachowski.

        11                  SENATOR STACHOWSKI:    No.

        12                  THE SECRETARY:    Senator Stavisky.

        13                  SENATOR STAVISKY:    Yes.

        14                  THE SECRETARY:    Senator

        15       Stewart-Cousins.

        16                  SENATOR STEWART-COUSINS:    Yes.

        17                  THE SECRETARY:    Senator Thompson.

        18                  SENATOR THOMPSON:    Yes.

        19                  THE SECRETARY:    Senator Valesky.

        20                  SENATOR VALESKY:    No.

        21                  THE SECRETARY:    Senator Volker.

        22                  SENATOR VOLKER:    No.

        23                  THE SECRETARY:    Senator Winner.

        24                  SENATOR WINNER:    No.

        25                  THE SECRETARY:    Senator Young.



                      Candyco Transcription Service, Inc.
                                                        5306



         1                  SENATOR YOUNG:    No.

         2                  SENATOR KLEIN:    Mr. President.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Can we please

         6       withdraw the roll call and lay the bill aside

         7       for the day.

         8                  ACTING PRESIDENT VALESKY:    The

         9       roll call is withdrawn.  The bill is laid

        10       aside for the day.

        11                  The Secretary will proceed --

        12       Senator Klein, with Calendar 958 or Calendar

        13       570?

        14                  SENATOR KLEIN:    Mr. President,

        15       can we please go back to 958, Calendar Number

        16       958.

        17                  ACTING PRESIDENT VALESKY:    The

        18       Secretary will place Calendar 958 before the

        19       house.

        20                  All Senators are asked to remain in

        21       the chamber.  We have another half-dozen bills

        22       on the controversial calendar before

        23       concluding our business.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        5307



         1       958, by the Assembly Committee on Rules,

         2       Assembly Print Number 11440, an act to amend

         3       the Education Law.

         4                  ACTING PRESIDENT VALESKY:    Are

         5       there any Senators who wish to be heard?

         6                  Seeing none, the debate is closed.

         7                  The Secretary will ring the bells

         8       and read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT VALESKY:

        15       Announce the results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 958 are

        18       Senators Alesi, Bonacic, DeFrancisco, Farley,

        19       Flanagan, Fuschillo, Griffo, Hannon,

        20       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        21       Libous, Little, Marcellino, Maziarz, McDonald,

        22       Nozzolio, Padavan, Ranzenhofer, Robach,

        23       Saland, Seward, Skelos, Volker, Winner and

        24       Young.

        25                  Absent from voting:  Senator



                      Candyco Transcription Service, Inc.
                                                        5308



         1       Golden.

         2                  Ayes, 32.  Nays, 28.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Calendar Number

         8       570, by Senator Hassell-Thompson, Senate Print

         9       3890A, an act to amend the Domestic Relations

        10       Law.

        11                  ACTING PRESIDENT VALESKY:    Are

        12       there any other Senators who wish to be heard?

        13                  Seeing none, the debate is closed.

        14                  The Secretary will ring the bells

        15       and read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect on the 60th day.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT VALESKY:    The

        22       Secretary will announce the results.

        23                  THE SECRETARY:    Those recorded in

        24       the negative on Calendar Number 570 are

        25       Senators DeFrancisco, Diaz, Farley, Flanagan,



                      Candyco Transcription Service, Inc.
                                                        5309



         1       Fuschillo, Golden, Griffo, Hannon, O. Johnson,

         2       Lanza, Larkin, LaValle, Leibell, Libous,

         3       Little, Marcellino, Maziarz, McDonald,

         4       Nozzolio, Onorato, Padavan, Ranzenhofer,

         5       Robach, Saland, Seward, Skelos, Volker, Winner

         6       and Young.

         7                  Ayes, 32.  Nays, 29.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  The Secretary will continue to

        11       read.

        12                  THE SECRETARY:    Calendar Number

        13       715, by Senator Schneiderman, Senate Print

        14       6263B, an act to amend the Insurance Law.

        15                  ACTING PRESIDENT VALESKY:    Are

        16       there any Senators who wish to be heard?

        17                  Seeing none, the debate is closed.

        18       The Secretary will ring the bells and read the

        19       last section.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect on the first of January.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



                      Candyco Transcription Service, Inc.
                                                        5310



         1                  ACTING PRESIDENT VALESKY:

         2       Senator Seward, to explain his vote.

         3                  SENATOR SEWARD:    Yes,

         4       Mr. President, if anyone is listening.

         5                  ACTING PRESIDENT VALESKY:    Can we

         6       have some order in the chamber, please.  It's

         7       a bit difficult to hear.  Senator Seward is

         8       seeking to explain his vote.  If we can take

         9       all conversations outside of the chamber.

        10                  SENATOR SEWARD:    Thank you,

        11       Mr. President.

        12                  I'm going to vote no on this bill.

        13       I understand the intent of it.  However, I

        14       believe this bill needs some additional work

        15       and amendments.

        16                  For example, this bill calls for

        17       the superintendent to make a judgment whether

        18       or not a health insurance carrier is

        19       discriminating against a particular

        20       policyholder as they dropped a whole class of

        21       policies.  And yet in the bill there's no

        22       identifiable standards by which the

        23       superintendent may judge if this has occurred.

        24       I think that needs to be tightened up

        25       considerably.



                      Candyco Transcription Service, Inc.
                                                        5311



         1                  Insurers may legitimately drop an

         2       entire class of policies, mainly due to cost,

         3       and they drag down the entire financial

         4       situation for the entire plan, and that

         5       jeopardizes the coverage and payment of claims

         6       for other policyholders.

         7                  So this bill needs a great deal of

         8       work, particularly in light of the federal

         9       healthcare law that has been passed a few

        10       months ago.  We need to identify how this type

        11       of bill would fit into the federal law.

        12       There's much more work to be done, and

        13       therefore I am voting no.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Seward to be recorded in the negative.

        16                  Senator Schneiderman, to explain

        17       his vote.

        18                  SENATOR SCHNEIDERMAN:    Thank you,

        19       Mr. President.

        20                  This legislation corrects a

        21       grievous wrong in the current law by

        22       preventing insurance companies, who are barred

        23       by law from throwing people out when they get

        24       sick, from obtaining the same results by

        25       cancelling a whole line of policies and then



                      Candyco Transcription Service, Inc.
                                                        5312



         1       reoffering policies to their healthy

         2       customers.

         3                  I acknowledge Senator Seward's

         4       concerns.  We are in discussions with the

         5       Assembly about possible modifications.  But

         6       this is fundamentally an essential step to

         7       preserve the integrity of our insurance

         8       system.  This is a gap in the federal

         9       healthcare legislation.  It is now possible

        10       for people to be thrown off their insurance

        11       and excluded once they become very ill,

        12       through this pretext.

        13                  We're closing that loophole with

        14       this legislation, and I am voting in the

        15       affirmative.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Schneiderman to be recorded in the

        18       affirmative.

        19                  Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 715 are

        22       Senators Farley, Hannon, O. Johnson, Larkin,

        23       Maziarz, Seward, Skelos and Winner.

        24                  Ayes, 53.  Nays, 8.

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        5313



         1       bill is passed.

         2                  The Secretary will continue to

         3       read.

         4                  THE SECRETARY:    Calendar Number

         5       53, by Senator Klein, Senate Print 2614B, an

         6       act to amend the Real Property Law.

         7                  ACTING PRESIDENT VALESKY:    Are

         8       there any Senators who wish to be heard on

         9       Calendar Number 53?

        10                  Seeing none, the debate is closed.

        11                  The Secretary will ring the bells.

        12       Calendar Number 53 is before the house.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect on the 60th day.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Klein, to explain his vote.

        21                  SENATOR KLEIN:    Mr. President, in

        22       lieu of the problems we're having around the

        23       country and especially here in New York with

        24       the large number of foreclosures, this

        25       legislation is a very, very important



                      Candyco Transcription Service, Inc.
                                                        5314



         1       addition.

         2                  The bill provides that a homeowner

         3       may recover reasonable attorney fees and costs

         4       in an action when they prevail against the

         5       lender.

         6                  Right now, under present law, the

         7       bank or the lender only is able to get

         8       attorney fees.  With various housing agencies

         9       finding it very, very difficult to find

        10       lawyers for any proceedings, it becomes

        11       incumbent upon the homeowner in many cases to

        12       find a lawyer on their own.  Unfortunately,

        13       the pro bono attorneys that have done such

        14       great work in helping distressed borrowers are

        15       far and few between.

        16                  So this is an important piece of

        17       legislation because this allows now an

        18       attorney to pick up this case, get paid a fee

        19       for their hard work, thus keeping more people

        20       in their home and keeping the American dream

        21       of home ownership alive for future

        22       generations.

        23                  I vote yes, Mr. President.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Klein to be recorded in the



                      Candyco Transcription Service, Inc.
                                                        5315



         1       affirmative.

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 53 are

         5       Senators Alesi, Bonacic, DeFrancisco, Farley,

         6       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         7       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         8       Libous, Little, Marcellino, Maziarz, McDonald,

         9       Nozzolio, Padavan, Ranzenhofer, Robach,

        10       Saland, Seward, Skelos, Winner and Young.

        11                  In relation to Calendar Number 53,

        12       absent from voting:  Senator Volker.

        13                  Ayes, 32.  Nays, 28.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  The Secretary will continue to

        17       read.

        18                  THE SECRETARY:    Calendar Number

        19       638, by Senator Klein, Senate Print 1837B, an

        20       act to amend the Election Law.

        21                  ACTING PRESIDENT VALESKY:    Are

        22       there any Senators who wish to be heard?

        23                  Seeing none, the debate is closed.

        24                  The Secretary will ring the bells

        25       and read the last section.



                      Candyco Transcription Service, Inc.
                                                        5316



         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Klein, to explain his vote.

         8                  SENATOR KLEIN:    Thank you,

         9       Mr. President.

        10                  This is, I think, a commonsense

        11       approach to a problem that exists I believe

        12       all over the state, of the lack of election

        13       inspectors.  Unfortunately -- I know our

        14       election inspectors do outstanding work, but a

        15       lot of times they're getting older and older,

        16       and it becomes difficult to replenish an

        17       important workforce.

        18                  This would allow college students

        19       the ability to serve as election inspectors,

        20       both Democrat and Republican, in areas they

        21       may not necessarily be registered in.  In

        22       other words, college students who now could

        23       work as election inspectors in the town or

        24       area they're living in now.

        25                  I think besides having some direly



                      Candyco Transcription Service, Inc.
                                                        5317



         1       needed election inspectors, this is I think a

         2       perfect civic lesson for college students, to

         3       engage in the voting process at an early age,

         4       and hopefully that will stay with them for a

         5       lifetime.

         6                  So, Mr. President, I vote yes on

         7       this bill.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Klein to be recorded in the

        10       affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 638 are

        14       Senators Alesi, Bonacic, DeFrancisco, Farley,

        15       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        16       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        17       Libous, Little, Marcellino, Maziarz, McDonald,

        18       Nozzolio, Padavan, Ranzenhofer, Robach,

        19       Saland, Seward, Skelos, Winner and Young.

        20                  Absent from voting:  Senator

        21       Volker.

        22                  Ayes, 32.  Nays, 28.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  The Secretary will continue to



                      Candyco Transcription Service, Inc.
                                                        5318



         1       read.

         2                  THE SECRETARY:    Calendar Number

         3       835, by Senator Foley, Senate Print 5536A, an

         4       act to amend the Penal Law.

         5                  ACTING PRESIDENT VALESKY:    Are

         6       there any Senators who wish to be heard?

         7                  Seeing none, the debate is closed.

         8                  The Secretary will ring the bells

         9       and read the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect on the first of

        12       November.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.  Nays,

        17       0.

        18                  Absent from voting:  Senator

        19       Volker.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  Senator Klein, that completes the

        23       reading of the controversial calendar.

        24                  SENATOR KLEIN:    Thank you,

        25       Mr. President.



                      Candyco Transcription Service, Inc.
                                                        5319



         1                  Can we briefly return to motions

         2       and resolutions.

         3                  ACTING PRESIDENT VALESKY:

         4       Returning to motions and resolutions.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, on

         7       behalf of Senator L. Krueger, on page 20 I

         8       offer the following amendments to Calendar

         9       Number 430, Senate Print Number 3856A, and ask

        10       that said bill retain its place on Third

        11       Reading Calendar.

        12                  ACTING PRESIDENT VALESKY:    The

        13       amendments are received.

        14                  SENATOR KLEIN:    Mr. President, on

        15       behalf of Senator Parker, I wish to call up

        16       Calendar Number 243, Assembly Print Number

        17       4170A.

        18                  ACTING PRESIDENT VALESKY:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       243, by Member of the Assembly Cook, Assembly

        22       Print Number 4170A, an act to amend the

        23       Education Law.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Klein.



                      Candyco Transcription Service, Inc.
                                                        5320



         1                  SENATOR KLEIN:    Mr. President, I

         2       now move to reconsider the vote by which this

         3       Assembly bill was substituted for Senate Print

         4       Number 6355 on March 15, 2010.

         5                  ACTING PRESIDENT VALESKY:    The

         6       Secretary will call the roll on

         7       reconsideration.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 60.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Klein.

        12                  SENATOR KLEIN:    I now move that

        13       Assembly Bill Number 4170A be recommitted to

        14       the Committee on Education and the Senate bill

        15       be restored to the order of Third Reading

        16       Calendar.

        17                  ACTING PRESIDENT VALESKY:    So

        18       ordered.

        19                  SENATOR KLEIN:    Mr. President, I

        20       now offer the following amendments.

        21                  ACTING PRESIDENT VALESKY:    The

        22       amendments are received.

        23                  SENATOR KLEIN:    Mr. President,

        24       please recognize Senator Libous also for some

        25       motions.



                      Candyco Transcription Service, Inc.
                                                        5321



         1                  ACTING PRESIDENT VALESKY:

         2       Senator Libous.

         3                  SENATOR LIBOUS:    Thank you,

         4       Mr. President.

         5                  On behalf of Senator LaValle, I

         6       wish to call up his bill, Print 1447A,

         7       recalled from the Assembly, which is now at

         8       the desk.

         9                  ACTING PRESIDENT VALESKY:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       67, by Senator LaValle, Senate Print 1447A, an

        13       act to amend the Education Law.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Libous.

        16                  SENATOR LIBOUS:    Thank you,

        17       Mr. President.  I now move to reconsider the

        18       vote by which this bill was passed.

        19                  ACTING PRESIDENT VALESKY:    The

        20       Secretary will call the roll on

        21       reconsideration.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 60.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Libous.



                      Candyco Transcription Service, Inc.
                                                        5322



         1                  SENATOR LIBOUS:    Mr. President, I

         2       now offer up the following amendments.

         3                  ACTING PRESIDENT VALESKY:    The

         4       amendments are received.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, at

         7       this time can we please go to a reading of the

         8       supplemental calendar.

         9                  ACTING PRESIDENT VALESKY:    The

        10       Secretary will proceed with the reading of

        11       Senate Supplemental Calendar 63A, which is on

        12       the members' desks.

        13                  THE SECRETARY:    Calendar Number

        14       960, by Senator Dilan, Senate Print 1432, an

        15       act to amend the Environmental Conservation

        16       Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  SENATOR LIBOUS:    Mr. President.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        5323



         1       Senator Libous, why do you rise?

         2                  SENATOR LIBOUS:    We're on the

         3       supplemental calendar.  Where are we on the

         4       supplemental calendar?

         5                  ACTING PRESIDENT VALESKY:    The

         6       first bill on the supplemental calendar,

         7       Calendar Number 960.

         8                  Senator Libous, these bills were

         9       the result of the Rules Committee meeting from

        10       yesterday.  The Rules Committee report was

        11       accepted earlier today.

        12                  SENATOR LIBOUS:    Thank you,

        13       Mr. President.

        14                  (Pause.)

        15                  SENATOR LIBOUS:    Mr. President.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Libous.

        18                  SENATOR LIBOUS:    There will be an

        19       immediate Republican conference.  It will be a

        20       short conference, about 15 minutes.

        21                  ACTING PRESIDENT VALESKY:

        22       Immediate Republican conference.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President,

        25       can we please stand at ease, coming back at



                      Candyco Transcription Service, Inc.
                                                        5324



         1       6:30 sharp.

         2                  ACTING PRESIDENT VALESKY:    The

         3       Senate will stand at ease until 6:30.

         4                  (Whereupon, the Senate stood at

         5       ease at 6:13 p.m.)

         6                  (Whereupon, the Senate reconvened

         7       at 6:28 p.m.)

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Klein.

        10                  SENATOR KLEIN:    Mr. President,

        11       can we please go to a reading of the

        12       supplemental calendar.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will proceed with the reading of

        15       Senate Supplemental Calendar 63A.

        16                  THE SECRETARY:    Calendar Number

        17       960, by Senator Dilan, Senate Print 1432, an

        18       act to amend the Environmental Conservation

        19       Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



                      Candyco Transcription Service, Inc.
                                                        5325



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       961, by Senator Dilan, Senate Print 3185, an

         7       act to amend the General Municipal Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the 30th day.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 60.  Nays,

        16       1.  Senator Ranzenhofer recorded in the

        17       negative.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       962, by Senator Stachowski, Senate Print 3246,

        22       an act to amend the Alcoholic Beverage Control

        23       Law.

        24                  ACTING PRESIDENT VALESKY:    Read

        25       the last section.



                      Candyco Transcription Service, Inc.
                                                        5326



         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 962 are

         8       Senators Fuschillo and Senator LaValle.  Also

         9       Senator Marcellino.

        10                  Ayes, 58.  Nays, 3.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       963, by Senator Stewart-Cousins, Senate

        15       Print --

        16                  SENATOR KLEIN:    Lay the bill

        17       aside for the day, please.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside for the day.

        20                  THE SECRETARY:    Calendar Number

        21       964, by Senator Dilan --

        22                  SENATOR KLEIN:    Lay the bill

        23       aside for the day, please.

        24                  ACTING PRESIDENT VALESKY:    The

        25       bill is laid aside for the day.



                      Candyco Transcription Service, Inc.
                                                        5327



         1                  THE SECRETARY:    Calendar Number

         2       965, by Senator Stavisky, Senate Print 4847A,

         3       an act to amend the Education Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect on the first of

         8       September.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       966, by Senator Stachowski, Senate Print

        17       5431C, an act to amend the Education Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect January 1, 2012.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.



                      Candyco Transcription Service, Inc.
                                                        5328



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       967, by Senator Dilan, Senate Print 6476, an

         5       act to amend the Vehicle and Traffic Law.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect on the first of

        10       November.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       968 --

        19                  SENATOR KLEIN:    Lay the bill

        20       aside for the day, please.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is laid aside for the day.

        23                  THE SECRETARY:    Calendar Number

        24       970, by Senator L. Krueger, Senate Print 8083,

        25       an act to amend the Real Property Tax Law.



                      Candyco Transcription Service, Inc.
                                                        5329



         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  Senator Klein, that completes the

        12       reading of Senate Supplemental Calendar 63A.

        13                  SENATOR KLEIN:    Mr. President, is

        14       there any further business at the desk?

        15                  ACTING PRESIDENT VALESKY:    The

        16       desk is clear.

        17                  SENATOR KLEIN:    There being no

        18       further business, I move that we adjourn until

        19       Wednesday, June 16th, at 10:00 a.m.

        20                  ACTING PRESIDENT VALESKY:    On

        21       motion, the Senate stands adjourned until

        22       Wednesday, June 16th, at 10:00 a.m.

        23                  (Whereupon, at 6:32 p.m., the

        24       Senate adjourned.)

        25



                      Candyco Transcription Service, Inc.