Regular Session - June 16, 2010

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 16, 2010

        11                      11:24 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24

        25



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

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       In the absence of clergy, may we all bow our

        11       heads in a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Tuesday, June 15, 2010, the Senate met

        19       pursuant to adjournment.  The Journal of

        20       Monday, June 14, 2010, was read and approved.

        21       On motion, Senate adjourned.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  Presentations of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Madam President,

         6       on behalf of Senator Parker, on page 30 I

         7       offer the following amendments to Calendar

         8       Number 707, Senate Print Number 2087A, and ask

         9       that said bill retain its place on Third

        10       Reading Calendar.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       So ordered.

        13                  SENATOR KLEIN:    Madam President,

        14       I believe there are substitutions at the desk.

        15       I ask that we make the substitutions at this

        16       time.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Klein, we must go back to the order of

        19       business first.

        20                  Reports of select committees.

        21                  Communications and reports from

        22       state officers.

        23                  Motions and resolutions.

        24                  The Secretary will read the

        25       substitutions.



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         1                  THE SECRETARY:    Page 18, Senator

         2       C. Johnson moves to discharge, from the

         3       Committee on Rules, Assembly Bill Number

         4       10835A and substitute it for the identical

         5       Senate Bill Number 7366A, Third Reading

         6       Calendar 421.

         7                  Page 19, Senator Morahan moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 10824B and substitute it

        10       for the identical Senate Bill Number 7432A,

        11       Third Reading Calendar 471.

        12                  Page 29, Senator Breslin moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 9944 and substitute it

        15       for the identical Senate Bill Number 6858,

        16       Third Reading Calendar 693.

        17                  Page 31, Senator Larkin moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 9950 and substitute it

        20       for the identical Senate Bill Number 7030,

        21       Third Reading Calendar 736.

        22                  Page 36, Senator Perkins moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 11322 and substitute it

        25       for the identical Senate Bill Number 7583,



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         1       Third Reading Calendar 796.

         2                  Page 36, Senator Klein moves to

         3       discharge, from the Committee on Rules,

         4       Assembly Bill Number 11226 and substitute it

         5       for the identical Senate Bill Number 8002,

         6       Third Reading Calendar 808.

         7                  Page number 42, Senator Espada

         8       moves to discharge, from the Committee on

         9       Rules, Assembly Bill Number 11324 and

        10       substitute it for the identical Senate Bill

        11       Number 8073, Third Reading Calendar 893.

        12                  Page number 45, Senator Fuschillo

        13       moves to discharge, from the Committee on

        14       Rules, Assembly Bill Number 10025A and

        15       substitute it for the identical Senate Bill

        16       Number 6975A, Third Reading Calendar 912.

        17                  Page number 45, Senator Griffo

        18       moves to discharge, from the Committee on

        19       Rules, Assembly Bill Number 9979 and

        20       substitute it for the identical Senate Bill

        21       Number 6976, Third Reading Calendar 913.

        22                  Page number 45, Senator Fuschillo

        23       moves to discharge, from the Committee on

        24       Rules, Assembly Bill Number 10512A and

        25       substitute it for the identical Senate Bill



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         1       Number 7386A, Third Reading Calendar 915.

         2                  Page number 45, Senator Hannon

         3       moves to discharge, from the Committee on

         4       Rules, Assembly Bill Number 9511A and

         5       substitute it for the identical Senate Bill

         6       Number 7404, Third Reading Calendar 916.

         7                  Page number 46, Senator Oppenheimer

         8       moves to discharge, from the Committee on

         9       Rules, Assembly Bill Number 10939 and

        10       substitute it for the identical Senate Bill

        11       Number 7755, Third Reading Calendar 921.

        12                  Page number 48, Senator Squadron

        13       moves to discharge, from the Committee on

        14       Codes, Assembly Bill Number 7917D and

        15       substitute it for the identical Senate Bill

        16       Number 5292C, Third Reading Calendar 948.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Substitutions ordered.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Madam President,

        21       I believe Senator Smith has a resolution at

        22       the desk.  I ask that the title of the

        23       resolution be read and move for its immediate

        24       adoption.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         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       Madam President.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The Secretary will read.

         8                  THE SECRETARY:    By Senator Smith,

         9       legislative resolution honoring Carol

        10       Washington upon the occasion of her

        11       designation for special recognition by the

        12       Delta Minerva Life Development Center, Inc.,

        13       on June 6, 2010.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Are there any Senators that wish to be heard

        16       on the resolution?

        17                  Hearing none, the question is on

        18       the resolution.  All those in favor please

        19       signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The resolution is adopted.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Madam President,

         3       I believe Senator Parker has a resolution at

         4       the desk.  I ask that the title of the

         5       resolution be read and move for its immediate

         6       adoption.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Klein, has this resolution been deemed

         9       privileged and submitted by the office of the

        10       Temporary President?

        11                  SENATOR KLEIN:    Yes, it has,

        12       Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Parker, legislative resolution memorializing

        17       David A. Paterson to proclaim June 24 through

        18       30, 2010, as Venerable Pierre Toussaint Week

        19       in the State of New York.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Are there any Senators that wish to be heard

        22       on the resolution?

        23                  Hearing none, the question is on

        24       the resolution.  All those in favor please

        25       signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The resolution is adopted.

         7                  Senator Parker has indicated that

         8       he would like to open the resolution up to

         9       cosponsorship by the entire house.  Any

        10       Senator wishing to not be on the resolution

        11       please notify the desk.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Madam President,

        14       I believe Senator Montgomery has a resolution

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

        16       resolution be read and move for its immediate

        17       adoption.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Klein, has this resolution been deemed

        20       privileged and submitted by the office of the

        21       Temporary President?

        22                  SENATOR KLEIN:    Yes, it has,

        23       Madam President.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The Secretary will read.



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         1                  THE SECRETARY:    By Senator

         2       Montgomery, legislative resolution commending

         3       the Reverend Doctor Gary V. Simpson upon the

         4       occasion of his designation for special honor

         5       by Bed-Stuy Campaign Against Hunger at its

         6       Harvest Through Love Spring Harvest Benefit

         7       Reception on June 17, 2010.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Are there any other Senators who wish to be

        10       heard on the resolution?

        11                  Hearing none, the question is on

        12       the resolution.  All those in favor please

        13       signify by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The resolution is adopted.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Madam President,

        22       I believe Senator Montgomery has another

        23       resolution at the desk.  I ask that the title

        24       of the resolution be read and move for its

        25       immediate adoption.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Klein, has this resolution been deemed

         3       privileged and submitted by the office of the

         4       Temporary President?

         5                  SENATOR KLEIN:    Yes, it has,

         6       Madam President.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The Secretary will read.

         9                  THE SECRETARY:    By Senator

        10       Montgomery, legislative resolution commending

        11       Erminia Rivera upon the occasion of her

        12       designation for special honor by Bed-Stuy

        13       Campaign Against Hunger at its Harvest Through

        14       Love Spring Harvest Benefit Reception on

        15       June 17, 2010.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Are there any other Senators wishing to be

        18       heard on the resolution?

        19                  Hearing none, the question is on

        20       the resolution.  All those in favor please

        21       signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The resolution is adopted.

         3                  Senator Montgomery has indicated

         4       that she would like the resolution to be open

         5       to all.  Anyone wishing not to be on the

         6       resolution should signify by coming to the

         7       front desk.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Madam President,

        10       Senator Montgomery has a third resolution at

        11       the desk.  I ask that the title of the

        12       resolution be read and move for its immediate

        13       adoption.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Klein, has this resolution been deemed

        16       privileged and submitted by the office of the

        17       Temporary President?

        18                  SENATOR KLEIN:    Yes, it has,

        19       Madam President.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Montgomery, legislative resolution commending

        24       Bed-Stuy Campaign Against Hunger upon the

        25       occasion of its Harvest Through Love Spring



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         1       Harvest Benefit Reception on June 17, 2010.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Are there any Senators that wish to be heard

         4       on the resolution?

         5                  Hearing none, the question is on

         6       the resolution.  All those in favor please

         7       signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The resolution is adopted.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Madam President,

        16       there will be an immediate meeting of the

        17       Rules Committee in the Majority Conference

        18       Room.

        19                  Pending the return of the Rules

        20       Committee, may we please stand at ease.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       There will be an immediate meeting of the

        23       Rules Committee in Room 332.

        24                  Pending the conclusion of the Rules

        25       Committee meeting, the Senate will stand at



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         1       ease.

         2                  (Whereupon, the Senate stood at

         3       ease at 11:34 a.m.)

         4                  (Whereupon, the Senate reconvened

         5       at 12:02 p.m.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Klein.

         8                  SENATOR KLEIN:    Madam President,

         9       at this time I move to adopt the Resolution

        10       Calendar in its entirety.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       All those in favor of adopting the Resolution

        13       Calendar in its entirety please signify by

        14       saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The Resolution Calendar is adopted.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Madam President,

        23       before we proceed with the calendar, can we go

        24       back to motions and resolutions.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Returning to motion and resolutions.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Madam President,

         4       on behalf of Senator Stewart-Cousins, on

         5       page 49 I offer the following amendments to

         6       Calendar Number 963, Senate Print Number

         7       4057A, and ask that said bill retain its place

         8       on Third Reading Calendar.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       So ordered.

        11                  SENATOR KLEIN:    On behalf of

        12       Senator Addabbo, on page 26 I offer the

        13       following amendments to Calendar Number 640,

        14       Senate Print Number 3995, and ask that said

        15       bill retain its place on Third Reading

        16       Calendar.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       So ordered.

        19                  SENATOR KLEIN:    On behalf of

        20       Senator Peralta, on page 49 I offer the

        21       following amendments to Calendar Number 952,

        22       Senate Print Number 7471B, and ask that said

        23       bill retain its place on Third Reading

        24       Calendar.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       So ordered.

         2                  SENATOR KLEIN:    Madam President,

         3       can we now go to a reading of the calendar.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       336, Senate Print 7141A --

         8                  SENATOR KLEIN:    Lay the bill

         9       aside for the day, please.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is laid aside for the day.

        12                  THE SECRETARY:    Calendar Number

        13       398, by Member of the Assembly Englebright,

        14       Assembly Print Number 3397, an act to amend

        15       the Elder Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 60.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       487, by Member of the Assembly Magnarelli,

         3       Assembly Print Number 5220B, an act to amend

         4       the Executive Law.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Read the last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect on the 120th day after

         9       it shall have become law.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Valesky, to explain his vote.

        15                  SENATOR VALESKY:    Yes, thank you,

        16       Madam President.

        17                  This is a very, very important

        18       piece of legislation that creates the Missing

        19       Vulnerable Adult Clearinghouse.  As we know

        20       from numerous cases throughout the state,

        21       those individuals who have been diagnosed with

        22       Alzheimer's disease and other dementias, over

        23       330,000 New York citizens now, have been known

        24       to wander from their homes.  And in fact

        25       national statistics are indicating that those



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         1       who are missing for over 24 hours have nearly

         2       a 50 percent chance of suffering serious

         3       injury or not being found alive.

         4                  This bill establishes the

         5       clearinghouse in the Division of Criminal

         6       Justice Services, modeled after the Amber

         7       Alert.  And this will provide a mechanism to

         8       coordinate local law enforcement agency

         9       response all over the state so that we make

        10       sure that when those who are missing, those

        11       who are vulnerable, that we have a system in

        12       place now to find them just as soon as

        13       possible and return them to their homes.

        14                  I encourage all my colleagues to

        15       support the measure, and I vote in the

        16       affirmative.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Valesky to be recorded in the

        19       affirmative.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    I rise in support

        22       of this legislation, Madam President.  And I

        23       want to praise my colleague Senator Valesky

        24       for coming up with a comprehensive approach

        25       for a very serious problem.



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         1                  The stats are quite startling that

         2       50 percent of Alzheimer's patients wander.

         3       And unfortunately, when you look at the

         4       50 percent of those Alzheimer's patients that

         5       do wander, a very, very high percentage, close

         6       to 75, are injured or never returned.

         7                  I kicked off a program earlier in

         8       the year within my Senate district in both the

         9       Bronx and Westchester, along with the

        10       Alzheimer's Association, which would allow

        11       individuals to be able to wear bracelets and

        12       necklaces where individuals can call when

        13       they're actually found.

        14                  We had a case in my district in

        15       Pelham Bay where a woman walked over 3 miles

        16       from her place of residence, and luckily she

        17       was found by a Good Samaritan and wouldn't

        18       have been returned home unless she had this

        19       necklace around her neck.

        20                  So I praise Senator Valesky for

        21       taking this beyond just my Senate district and

        22       having a statewide comprehensive approach to

        23       protect our loved ones.  I vote yes.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Klein to be recorded in the



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         1       affirmative.

         2                  Is there any other Senator that

         3       wishes to explain his or her vote?

         4                  Announce the results.

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       511, by Senator Diaz, Senate Print 7512A, an

        10       act to amend the Elder Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       548, by Senator C. Johnson, Senate Print 949,

        25       an act to amend the Real Property Tax Law.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 59.  Nays,

        11       1.  Senator Ranzenhofer recorded in the

        12       negative.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       551, by Member of the Assembly Dinowitz,

        17       Assembly Print Number 9838, an act to amend

        18       the Elder Law.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Call the roll.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       573, by Member of the Assembly Rosenthal,

         8       Assembly Print Number 10410, an act to amend

         9       the Family Court Act and the Domestic

        10       Relations Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       580, by Member of the Assembly Weinstein,

        25       Assembly Print Number 6195A, an act to amend



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         1       the Family Court Act.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Announce the results.

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       583, by Member of the Assembly N. Rivera,

        16       Assembly Print Number 6509B, an act to amend

        17       the Public Service Law and the General

        18       Business Law.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Read the last section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect on the 120th day after

        23       it shall have become law.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       584, by Senator Klein, Senate Print Number

         9       5980A, an act to amend the Insurance Law and

        10       the Public Health Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 6.  This

        14       act shall take effect on the first of January

        15       next succeeding.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Klein, to explain his vote.

        21                  SENATOR KLEIN:    Thank you, Madam

        22       President.

        23                  This legislation is part of our

        24       package today on domestic violence.  This is,

        25       I think, an important addition to this package



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         1       because this bill would amend several

         2       provisions of the Insurance Law to give

         3       victims of domestic violence the opportunity

         4       to designate an alternative address for

         5       insurance claims or billing purposes.

         6                  It's very clear that if someone is

         7       being abused and they're part of an insurance

         8       policy of the abuser, this would first make

         9       sure that the abuser doesn't know where the

        10       abused is, to keep their present address

        11       confidential, and also would make sure that

        12       the person who is the victim of domestic

        13       violence seeks the medical attention they need

        14       so much.

        15                  So I think this is a very important

        16       approach to make sure those who are victims of

        17       domestic violence get the medical attention

        18       they need and keep their whereabouts

        19       confidential.

        20                  So of course I vote yes, Madam

        21       President.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Klein to be recorded in the

        24       affirmative.

        25                  Are there any other Senators



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         1       wishing to explain his or her vote?

         2                  Hearing none, announce the results.

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       589, by Assemblymember Weinstein, Assembly

         8       Print Number 8952, an act to amend the Tax

         9       Law, the Family Court Act, the Domestic

        10       Relations Law and the Social Services Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 13.  This

        14       act shall take effect on the 90th day after it

        15       shall have become law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Announce the results.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 589, those recorded in the

        23       negative are Senators DeFrancisco, Griffo,

        24       Hannon, O. Johnson, Larkin, LaValle,

        25       Marcellino, Ranzenhofer, Skelos and Winner.



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         1                  Ayes, 50.  Nays, 10.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       613, by Member of the Assembly Weinstein,

         6       Assembly Print Number 8393A, an act to amend

         7       the Family Court Act and the Domestic

         8       Relations Law.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       641, by Senator Foley, Senate Print 7424B, an

        23       act to amend the Election Law.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the 60th day.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       687, by Senator Klein, Senate Print 5376A, an

        11       act to amend the Social Services Law.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the first of January

        16       next succeeding.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Klein, to explain his vote.

        22                  SENATOR KLEIN:    Thank you, Madam

        23       President.

        24                  This is a piece of legislation that

        25       came out of a study my office conducted back



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         1       in 2009 which showed there's no reporting

         2       system for elder abuse.  Luckily, we do have

         3       such a reporting system for domestic violence

         4       and child abuse.

         5                  This would actually require that

         6       the state do a study to sort of consolidate

         7       the various agencies to actually have a real

         8       reporting mechanism in place to track and

         9       effectively deal with the horrible crime of

        10       elder abuse.

        11                  So this is, I think, a very

        12       comprehensive approach.  We certainly can't

        13       begin to deal with the problem that exists in

        14       elder abuse unless we can actually track and

        15       then educate individuals who have direct

        16       contact with seniors, to spot the telltale

        17       signs of elder abuse.

        18                  So I vote yes, Madam President.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Klein to be recorded in the

        21       affirmative.

        22                  Any other Senators wishing to

        23       explain his or her vote?

        24                  Announce the results.

        25                  THE SECRETARY:    Ayes, 60.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       688, by Senator Diaz, Senate Print 6853, an

         5       act to amend the Real Property Tax Law.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Read the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect 90 days after it shall

        10       have become law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Announce the results.

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       689, by Senator Diaz, Senate Print 7513, an

        21       act to amend the Elder Law.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Read the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       690, by Member of the Assembly Englebright,

        11       Assembly Print Number 2548, an act to amend

        12       the Elder Law.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       766, by Senator Klein, Senate Print 1839, an

         2       act to amend the Elder Law.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Read the last section.

         5                  THE SECRETARY:    Section 4.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Klein, to explain his vote.

        12                  SENATOR KLEIN:    Thank you, Madam

        13       President.

        14                  This is a piece of legislation that

        15       I've been working on for a couple of years

        16       now, and I think it's very, very important.  I

        17       think everyone knows that we have a very

        18       effective program for senior citizens to

        19       enable them to save lots of money on the

        20       ever-increasing cost of prescription drugs,

        21       the EPIC program.

        22                  I think over the years we have

        23       raised the income qualification for EPIC, but

        24       I think it's still too low.  With more and

        25       more senior citizens paying more and more of



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         1       their money for prescription drugs, and those

         2       same seniors living on a fixed income, I think

         3       it's important to recognize that seniors,

         4       especially during these tough fiscal times,

         5       need a helping hand.  So my legislation would

         6       raise the income level from $35,000 to $50,000

         7       for an unmarried senior and from $50,000 to

         8       $75,000 for a married couple.

         9                  There is a fiscal implication.

        10       It's $1.1 million for the first year.  But

        11       again, I think especially, as I said earlier,

        12       during these tough fiscal times that's money

        13       well spent, because we would actually impact

        14       the lives of over 3,000 seniors around the

        15       State of New York who now would be able to

        16       take part in this very important program, the

        17       EPIC program in New York State.

        18                  So I vote yes, Madam President.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Klein to be recorded in the

        21       affirmative.

        22                  Are there any other Senators

        23       wishing to explain his or her vote?

        24                  Hearing none, announce the results.

        25                  THE SECRETARY:    Ayes, 60.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       768, by Senator Klein, Senate Print 2484C, an

         5       act to amend the Education Law and the Public

         6       Health Law.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Read the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect on the 180th day.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Klein, to explain his vote.

        16                  SENATOR KLEIN:    Thank you, Madam

        17       President.

        18                  This is a piece of legislation that

        19       I think is going to go a long way towards

        20       making sure we cut back on the problem of

        21       prescription errors.  One of the problems we

        22       have in New York State is we don't track this

        23       information.  We have no way of knowing

        24       whether or not prescription errors are taking

        25       place.  There is no really consolidation of



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         1       how many are taking place.

         2                  So I was able to, through I guess

         3       national statistics, show that we have a

         4       tremendous problem in underreporting.  So this

         5       legislation will make it very clear, when

         6       someone walks into a pharmacy, where they

         7       actually would have to go and who they would

         8       have to call to report prescription errors.

         9       That's the first step in us being able to

        10       track this very important problem in New York

        11       State.

        12                  So of course I vote yes, Madam

        13       President.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Klein to be recorded in the

        16       affirmative.

        17                  Senator DeFrancisco, to explain his

        18       vote.

        19                  SENATOR DeFRANCISCO:    I'm going

        20       to vote no on this legislation.  I think if

        21       you go into a pharmacy now, with all the

        22       required notices, whether it's workers'

        23       compensation or whether it's the availability

        24       of drug retail price lists, et cetera,

        25       et cetera, you would need half a day to read



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         1       the wall.

         2                  And I think there's a better way to

         3       do this rather than requiring yet another

         4       notice.  I'm not so sure too many people are

         5       going to go to the wall to find out that the

         6       Office of Professional Misconduct and where

         7       you report this, that or the other thing.  The

         8       most likely thing is they'd go to the

         9       pharmacist and say "There was a bad

        10       prescription, what are my options here?"

        11                  Maybe we should require at least

        12       that information being provided when someone

        13       requests it, rather than having another notice

        14       that I can't imagine anyone is going to read

        15       that's going into the pharmacy, especially if

        16       someone has a specific problem like this.

        17                  So for that reason, I'm going to

        18       vote no.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator DeFrancisco to be recorded in the

        21       negative.

        22                  Are there any other Senators

        23       wishing to explain his or her vote?

        24                  Senator Diaz.

        25                  SENATOR DIAZ:    Thank you.  Thank



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         1       you, Madam President.

         2                  Today is a great day for senior

         3       citizens in the State of New York.  Today

         4       Senator Klein has introduced a few pieces of

         5       legislation, and I have introduced five, and

         6       all of them have passed.  So five different

         7       pieces of legislation that I have introduced

         8       today and passed, and my colleagues here have

         9       been so courteous and so concerned with the

        10       senior citizens of the State of New York that

        11       they have approved today five of my bills and

        12       two of Senator Klein's.

        13                  So today is a great day.  As the

        14       chairman of the Senior Citizens Committee, I

        15       thank all my colleagues, I thank all of them,

        16       both sides, because the senior citizens of the

        17       State of New York today has gotten a big day

        18       in the State of New York and in the New York

        19       State Senate.

        20                  Thank you, ladies and gentlemen.

        21       Thank you, Madam President.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Diaz to be recorded in the

        24       affirmative.

        25                  Are there any other Senators



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         1       wishing to explain his or her vote?

         2                  Announce the results.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 768, to be recorded in the

         5       negative:  Senators DeFrancisco, Flanagan, O.

         6       Johnson and Winner.

         7                  Ayes, 56.  Nays, 4.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       809, by Senator Addabbo, Senate Print 8033, an

        12       act to amend the Election Law.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the 30th day.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Announce the results.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 809, to be recorded in the

        24       negative:  Senators Bonacic, DeFrancisco,

        25       Flanagan, O. Johnson, Larkin, LaValle,



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         1       Marcellino, Skelos and Volker.  Also Senator

         2       Winner.

         3                  Ayes, 50.  Nays, 10.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       816, by Member of the Assembly Weinstein,

         8       Assembly Print Number 10851A, an act to amend

         9       the Judiciary Law.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       843, by Senator Montgomery, Senate Print 6981,

        24       an act to amend --

        25                  SENATOR SALAND:    Lay it aside.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       857, by Senator Duane, Senate Print 7873, an

         5       act to amend the Criminal Procedure Law.

         6                  SENATOR LIBOUS:    Lay it aside.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       859, by Senator Hassell-Thompson --

        11                  SENATOR LIBOUS:    Lay it aside.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       866, by Member of the Assembly Gottfried,

        16       Assembly Print --

        17                  SENATOR KLEIN:    Lay the bill

        18       aside for the day, please.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       878, by Member of the Assembly Wright,

        23       Assembly Print Number 1459, an act to amend

        24       the Social Services Law.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator DeFrancisco, to explain his vote.

         9                  SENATOR DeFRANCISCO:    Yes, it's

        10       always good to have a bill to try to do

        11       everything for everybody, but realistically

        12       there's only so many dollars to go around in

        13       the Home Heating Assistance Program.

        14                  I know the bill calls for applying

        15       for more money, but it seems to me before we

        16       expand the uses of this money to

        17       air-conditioning, it would seem that it would

        18       be more essential for someone to have their

        19       house heated during the winter.  And if we're

        20       going to take some of that money for

        21       air-conditioning in the summer, it may be that

        22       we don't get additional funds for this and we

        23       end up affecting people who no longer can get

        24       heating assistance at their home because it's

        25       used up for air-conditioning by somebody else.



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         1                  So for that reason, until there's

         2       additional money identified for

         3       air-conditioning, I'm voting no.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator DeFrancisco to be recorded in the

         6       negative.

         7                  Any other Senator wishing to

         8       explain his or her vote?

         9                  Announce the results.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 878, to be recorded in the

        12       negative:  Senators DeFrancisco, Flanagan,

        13       Hannon, O. Johnson, Lanza, LaValle, Leibell,

        14       Libous, Marcellino, Ranzenhofer, Skelos,

        15       Volker and Winner.  Also Senator Larkin.  Also

        16       Senator Saland.

        17                  Ayes, 45.  Nays, 15.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       955, by Senator Squadron, Senate Print 7858A,

        22       an act to amend the New York City charter.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Read the last section.

        25                  THE SECRETARY:    Section 3.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Announce the results.

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The bill is passed.

        10                  Senator Klein, that completes the

        11       reading of the noncontroversial calendar.

        12                  SENATOR KLEIN:    Madam President,

        13       I would wish to withdraw the lay aside for the

        14       day on Calendar Numbers 866 and 336.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The lay asides are withdrawn.  The bills will

        17       be taken up noncontroversial.

        18                  SENATOR KLEIN:    Also, I would

        19       like to lay aside Calendar Number 859 for the

        20       day.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Calendar Number 859 will be laid aside for the

        23       day.

        24                  The Secretary will place Calendar

        25       Number 336 before the house, noncontroversial.



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         1                  THE SECRETARY:    Calendar Number

         2       336, by Senator Schneiderman, Senate Print

         3       7141A, an act to amend the Penal Law.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Read the last section.

         6                  THE SECRETARY:    Section 7.  This

         7       act shall take effect on the 180th day.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Schneiderman, to explain his vote.

        13                  SENATOR SCHNEIDERMAN:    Thank you,

        14       Madam President.

        15                  This is a part of the package of

        16       bills related to domestic violence that we are

        17       moving through the house.  And this is a

        18       tremendously important bill because it

        19       corrects a very serious problem in the current

        20       Penal Law.  It changes the law relating to

        21       witness tampering.

        22                  And frankly, in other

        23       circumstances, if you just talk -- if someone

        24       who has a relationship with a victim says "Ah,

        25       you don't want to get involved in this case,"



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         1       that is not witness tampering.  In domestic

         2       violence situations where people are

         3       frequently coerced by friends and family

         4       members, it is a problem.

         5                  We're now correcting that.  We are

         6       preventing witness tampering in domestic

         7       violence cases.  We are making people safer

         8       and we are saving lives.

         9                  Thank you, Madam President.  I

        10       thank everyone for their support on this

        11       important measure.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Schneiderman to be recorded in the

        14       affirmative.

        15                  Are there any other Senators

        16       wishing to explain his or her vote?

        17                  Hearing none, announce the results.

        18                  THE SECRETARY:    Ayes, 61.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       866, by Member of the Assembly Gottfried,

        23       Assembly Print --

        24                  SENATOR LIBOUS:    Lay it aside.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The bill is laid aside.

         2                  Senator Klein, that completes the

         3       reading of the noncontroversial calendar.

         4                  SENATOR KLEIN:    Madam President,

         5       at this time can we please go to a reading of

         6       the controversial calendar.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The Secretary will please ring the bell.

         9                  Members are all asked to come to

        10       the chamber for the reading of the

        11       controversial calendar.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       843, by Senator Montgomery, Senate Print 6981,

        15       an act to amend the Family Court Act and the

        16       Criminal Procedure Law.

        17                  SENATOR SALAND:    Explanation.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Montgomery, an explanation has been

        20       requested.

        21                  SENATOR MONTGOMERY:    Yes, Madam

        22       President.  This bill is a very, very simple

        23       bill which is meant to provide an appropriate

        24       alternative for young people who are below the

        25       age of 18 who get into a confrontation with a



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         1       parent.

         2                  Currently that young person will be

         3       treated under Article 8 of the Family Court

         4       Act, and the parent is able to bring an order

         5       of protection against a child who attacks

         6       them, and currently that child will be treated

         7       under Article 8 of the Family Court Act, which

         8       means that that young person could be charged

         9       with disorderly conduct, harassment in the

        10       first and second degree, aggravated harassment

        11       in the second degree, criminal mischief,

        12       menacing in the second and third degree,

        13       reckless endangerment, or assault in the

        14       second and third degree.

        15                  Now, obviously when a young person

        16       attacks a parent we want that parent to have

        17       some relief in the court.  But we may not want

        18       the young person to be treated without

        19       consideration of that child's age or the

        20       circumstances surrounding this family

        21       situation.  So what the bill does is allows a

        22       young person to be charged under Article 7, as

        23       a PINS, a person in need of supervision.  With

        24       this bill, that young person would then have

        25       some protections as a child that they do not



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         1       have under Article 8.

         2                  For instance, if that child is

         3       charged as PINS, he or she can be assigned a

         4       guardian, a court legal guardian, or a lawyer.

         5       That child can receive services.  The family

         6       could receive services.  The child could be

         7       placed in foster care.  The child could be

         8       placed under OCFS detention or hopefully as an

         9       alternative-to-detention case.

        10                  So there are many reasons why we

        11       would prefer that young people under the age

        12       of 18 who have an altercation with a parent,

        13       that that child be brought to Family Court as

        14       a person in need of supervision.  That's what

        15       this bill does.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you, Senator Montgomery.

        18                  Senator Saland.

        19                  SENATOR SALAND:    Thank you, Madam

        20       President.  Would Senator Montgomery yield to

        21       some questions?

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Montgomery, do you yield for

        24       questions?

        25                  SENATOR MONTGOMERY:    Through you,



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         1       Madam President, I do.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Montgomery yields.

         4                  SENATOR SALAND:    Senator

         5       Montgomery, I'm looking at your bill, and your

         6       bill in two separate places, both under CPL

         7       530-11 and under Family Court 8-12,

         8       specifically and very briefly says "Family

         9       offenses alleged to have been committed by a

        10       child under the age of 18 against a parent or

        11       guardian shall be addressed in accordance with

        12       Article 7 rather than this article of this

        13       act."

        14                  Now, Senator Montgomery, I'm sure

        15       you're aware that under Article 8 there is

        16       concurrent jurisdiction between the Family

        17       Court and the criminal courts.  And I believe

        18       you alluded to that fact or certainly implied

        19       that your concern here was primarily that

        20       these events that occur between a child and a

        21       parent or guardian under your bill not be

        22       treated as a crime.  Is that correct?

        23                  SENATOR MONTGOMERY:    I am

        24       proposing that that case be treated as a PINS

        25       case, a person in need of supervision.  And



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         1       the judge then has the option of kicking that

         2       case up to a higher level.  However, it starts

         3       out as a basic PINS case.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Saland, do you wish Senator Montgomery

         6       to yield?

         7                  SENATOR SALAND:    If Senator

         8       Montgomery would continue to yield.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Montgomery, do you continue to yield?

        11                  SENATOR MONTGOMERY:    I do, Madam

        12       President.

        13                  SENATOR SALAND:    Are you then

        14       saying that under Article 7 there is

        15       concurrent jurisdiction between the Family

        16       Court and Criminal Court?

        17                  SENATOR MONTGOMERY:    Madam

        18       President, through you, I think that the

        19       difference that I'm -- the distinction that

        20       I'm trying to make here is that we're not --

        21       we do not necessarily want the incident or we

        22       want the child to be treated as a criminal

        23       case.  We want the option of the Family Court

        24       judge -- the case starts as a person in need

        25       of supervision.  In the event that the judge



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         1       decides that it needs a higher level of

         2       disposition, that Family Court judge has the

         3       option to do that.  But it doesn't start out

         4       under Article 8 as a straight-up Family Court

         5       or possibly criminal case.

         6                  SENATOR SALAND:    Would the

         7       Senator continue to yield.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Montgomery, do you continue to yield?

        10                  SENATOR MONTGOMERY:    I do, Madam

        11       President.

        12                  SENATOR SALAND:    Senator

        13       Montgomery, there's not a question whether it

        14       starts out as a criminal case.  Is it your

        15       intent here that under no circumstance, under

        16       your bill, would a child who, for example,

        17       threatened a parent with a shotgun, that child

        18       would be treated, under Article 7, as a PINS

        19       and there would be no criminal jurisdiction?

        20                  SENATOR MONTGOMERY:    Madam

        21       President -- would you repeat the question,

        22       Senator?

        23                  SENATOR SALAND:    Is it your

        24       intention that inasmuch as these otherwise

        25       Article 8 proceedings would be treated under



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         1       Article 7, which is the PINS section, there

         2       would be -- that there'd be no criminal

         3       jurisdiction?

         4                  So in the example I gave you, a

         5       child threatens a parent with a shotgun.

         6       Under current law, that I believe would

         7       constitute one of the degrees of menacing, and

         8       there could be a criminal proceeding brought.

         9       There would be concurrent jurisdiction both in

        10       the Criminal Court and in the Family Court.

        11       Under the PINS section, Article 7, there is no

        12       concurrent jurisdiction, there is no criminal

        13       jurisdiction.

        14                  So is it your intent that under no

        15       circumstance could a criminal proceeding,

        16       regardless of the actions of the child against

        17       the parent or the guardian, be treated as a

        18       criminal proceeding?

        19                  SENATOR MONTGOMERY:    Through you,

        20       Madam President, the -- in either case.  In

        21       the case that the judge determines to be

        22       clearly more appropriately dealt with in

        23       Criminal Court or in a higher part of the

        24       Family Court, under Article 8 the judge does

        25       have the option of moving that case into the



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         1       section that you're describing, Article 8.

         2                  But what this does is allows for

         3       that young person to be dealt with, to be

         4       provided with a different set of protections

         5       that are not available to that young person

         6       under Article 8.  If in fact the judge

         7       determines that it's more appropriate that

         8       that young person be dealt with under the

         9       Article 8 section, it is entirely at the

        10       discretion of the judge to make that decision.

        11       We're not removing the discretion of the

        12       judge, as in any PINS case.

        13                  SENATOR SALAND:    Would Senator

        14       Montgomery continue to yield, please.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Montgomery, do you continue to yield?

        17                  SENATOR MONTGOMERY:    Yes, Madam

        18       President.

        19                  SENATOR SALAND:    Senator

        20       Montgomery, under Article 7, if you know, does

        21       the presiding judge in Family Court who would

        22       be hearing this PINS case have the ability to

        23       transfer the proceeding to a criminal court?

        24                  SENATOR MONTGOMERY:    Through you,

        25       Madam President, my counsel informs me that



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         1       this bill allows the parent to be able to file

         2       a case as a PINS, but it does not deny them

         3       the opportunity to also file the case as a

         4       criminal case under Article 8.

         5                  SENATOR SALAND:    If the Senator

         6       will continue to yield.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Montgomery, do you continue to yield?

         9                  SENATOR MONTGOMERY:    Yes.

        10                  SENATOR SALAND:    Could you or

        11       your counsel point out the language, either in

        12       this bill or in Article 7, that provides that

        13       option?  Because I haven't seen it, to be

        14       perfectly honest with you, and I've looked for

        15       it.  And I'd welcome somebody being able to

        16       point it out to me.

        17                  SENATOR MONTGOMERY:    One second,

        18       Senator.

        19                  SENATOR SALAND:    Thank you.

        20                  (Pause.)

        21                  SENATOR MONTGOMERY:    Through you,

        22       Madam President, the parent makes a decision,

        23       makes a choice, and essentially the relief

        24       that the parent is looking for is an order of

        25       protection which they can receive under



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         1       Article 8, as I indicated.  The parent wants

         2       to be provided some assistance, some relief,

         3       immediate relief from this situation, and the

         4       order of protection is available under Article

         5       8.

         6                  This bill will allow for the same

         7       order of protection to be provided to the

         8       parent immediately.  But in addition to that,

         9       they are able -- the child is able and the

        10       family are able to receive services that are

        11       not available to them under Article 8.

        12                  SENATOR SALAND:    Madam President,

        13       would the Senator continue to yield.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Montgomery, do you continue to yield?

        16                  SENATOR MONTGOMERY:    Yes.

        17                  SENATOR SALAND:    If in fact that

        18       is your intent, Senator Montgomery, I'll

        19       invite you to look at lines 19 through 22, and

        20       I'll read them, for purposes of this record.

        21       "Family offenses alleged to have been

        22       committed by child under the age of 18 against

        23       a parent or guardian shall be addressed in

        24       accordance with Article 7 rather than this

        25       article" -- which is Article 8 -- "of this



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         1       act."

         2                  So you are specifically saying that

         3       Article 8, which affords that option to that

         4       parent, does not control, but in fact

         5       Article 7, which is the PINS article, does

         6       control, where that option is not afforded to

         7       that parent.  The language is clear and it's

         8       unequivocal.  If your intent is otherwise,

         9       then your language does not match your intent;

        10       in fact, is totally contrary to what you have

        11       claimed your intent to be.

        12                  SENATOR MONTGOMERY:    Madam

        13       President, through you, I take exception to

        14       your statement there or your conclusions based

        15       on this language.

        16                  The language simply, in this

        17       particular bill, says "Family offenses alleged

        18       to have been committed by a child under the

        19       age of 18 against a parent or guardian shall

        20       be addressed in accordance with Article 7

        21       rather than this article."  Which is Article

        22       8.

        23                  Under Article 8, the differences in

        24       Article 8 and Article 7 are -- under

        25       Article 8, no services can be ordered by the



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         1       judge for the child.  The child's interests

         2       and needs are not considered.  The child, with

         3       the order of protection, cannot stay at home,

         4       cannot be placed.  So that child is thrown out

         5       of the house, is not allowed to be in the home

         6       any longer, though the child maybe way

         7       underage.  The child does not receive a law

         8       guardian to be assigned.  And the child -- the

         9       only relief in that case is that the child be

        10       placed in an adult jail.

        11                  Under PINS, the child can receive

        12       services vis-a-vis the judge, in consideration

        13       of their needs, and an appropriate placement.

        14       There are options that the judge has for

        15       placement of that young person.  They do

        16       receive a law guardian.  And only in cases of

        17       absolute necessity would the child be placed

        18       in detention.

        19                  That is the difference, and that is

        20       why the bill removes those cases from

        21       immediately Article 8 into Article 7, as a

        22       PINS case, because it allows for a variety of

        23       services and considerations for that child

        24       that the judge does not have under Article 8.

        25       That's the only purpose of this legislation,



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         1       Madam President.

         2                  SENATOR SALAND:    Thank you, Madam

         3       President.  On the bill.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Thank you, Senator.

         6                  Senator Saland, on the bill.

         7                  SENATOR SALAND:    Thank you,

         8       Senator.  On the bill.

         9                  Madam President, notwithstanding

        10       Senator Montgomery's passionate commitment to

        11       children that she may have and be attempting

        12       to deal with with regard to this Article 7/

        13       Article 8 scenario that we've created, this is

        14       an extraordinarily dangerous bill.  This is a

        15       bill which unfortunately the sponsor's

        16       intentions are belied by the language of the

        17       bill.  This bill very clearly says -- and it's

        18       in Article 8, it is amending Section 8-12.

        19       And it clearly says that in the situation

        20       involving a child and a parent, Article 8 does

        21       not apply, Article 7 applies.

        22                  Article 7 is the PINS section,

        23       which, yes, provides a plethora of services

        24       not normally provided under Article 8.  There

        25       are circumstances, in some instances some



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         1       instances life-threatening circumstances, in

         2       which it's very appropriate for criminal

         3       jurisdiction to intervene.  This would say in

         4       absolutely no circumstance could there be that

         5       kind of intervention.

         6                  There will be people were this bill

         7       to pass both houses and be signed into law,

         8       there will be people who will be badly

         9       injured, there will be people who will be

        10       possibly killed, there will be people who will

        11       be maimed, and there will no concurrent

        12       jurisdiction.

        13                  So I would assume, of necessity in

        14       a criminal case, there would be some effort,

        15       depending upon whether it's a truly violent

        16       crime, under one section of the law to enable

        17       a criminal prosecution, but there will be a

        18       host of other sections, all of which are

        19       defined -- the recklessness sections, the

        20       mischief sections -- in which nothing will be

        21       able to be done.

        22                  I would respectfully submit that

        23       there are other ways to accomplish what

        24       Senator Montgomery proposes to accomplish.

        25       This is not the vehicle by which to do it.



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         1       This is not merely throwing the baby out with

         2       the bath water, this is basically reordering

         3       the entire system, reordering the entire

         4       system and making it virtually impossible for

         5       parents in any number of appropriate

         6       situations to be able to call upon the

         7       criminal courts for some type of relief.

         8                  And to say that there are no

         9       circumstances under which an Article 8 offense

        10       should be heard by a criminal court really is

        11       a grotesque policy statement, and it's a

        12       statement which should be denied by this body.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Savino.

        15                  SENATOR SAVINO:    Thank you, Madam

        16       President.

        17                  Senator Saland, would you yield for

        18       a question?

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Saland, do you yield?

        21                  SENATOR SALAND:    Yes.

        22                  SENATOR SAVINO:    Thank you.

        23       Through you, Madam President.

        24                  I've listened and I've read the

        25       language on the bill, and so -- I mean, I'm



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         1       not totally sure I don't disagree with you

         2       with respect to the way the bill is drafted,

         3       and I think Senator Montgomery also heard

         4       that.

         5                  However, are you opposed to the

         6       intent of the legislation?

         7                  SENATOR SALAND:    No, my concern

         8       is that there are circumstances under which

         9       these Article 8 offenses appropriately belong

        10       in criminal court.

        11                  You may recall, and it's probably

        12       before you were here serving, there was a time

        13       when somebody who, particularly a woman in a

        14       family offense case, had to make a choice as

        15       to whether or not she wanted to go to Family

        16       Court or whether or not she wanted to go to

        17       Criminal Court.  And there was a 72-hour

        18       period within which she had to make that

        19       choice.  We changed that law in 1994.  I

        20       remember it well because it was part of the

        21       Family Protection and Domestic Violence

        22       Intervention Act, which I authored and every

        23       member of the house at that time was a

        24       cosponsor of.

        25                  We changed that law in order to



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         1       ensure that you had the ability to have

         2       concurrent jurisdiction in these types of

         3       cases.  I don't know why anybody would want to

         4       deny concurrent jurisdiction in these types of

         5       cases.  And if it's an unintended consequence

         6       and Senator Montgomery would like to have the

         7       ability of more services in a situation

         8       involving a child and a parent, that's what

         9       she should be doing, in my opinion.

        10                  I don't think this vehicle

        11       accomplishes that limited intent that she

        12       described as being her intent.  This is

        13       certainly far more of a blunderbuss approach

        14       that throws everything out, because you're now

        15       saying that Article 7 controls in those

        16       situations involving a child and a parent or

        17       guardian.

        18                  SENATOR SAVINO:    Thank you,

        19       Senator Saland.

        20                  On the bill itself.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Savino, on the bill.

        23                  SENATOR SAVINO:    You know, I

        24       cosponsored this bill with Senator Montgomery

        25       and I support the intent behind the



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         1       legislation.  And I think it's important for

         2       those of you who are in the room who really

         3       never spent a lot of time in the Family Court

         4       system -- as Senator Saland has, as I have, as

         5       Senator Montgomery has -- working within the

         6       child welfare system, I think it's important

         7       that we explain to people what the difference

         8       is between a PINS petition and a family

         9       offense and what the reality is for many

        10       parents who are dealing with what can be

        11       recalcitrant children to those who are capable

        12       of violence offense.

        13                  Many parents who have children who

        14       are adolescents are at their wit's end.  And

        15       they've sought treatment, they've sought

        16       assistance, but they don't really know where

        17       to go.  And there comes a period of time where

        18       a parent realizes that they may need

        19       protection from their own child, and they have

        20       one of two ways to go with this, depending on

        21       the offense that the child commits.

        22                  Many parents don't realize that

        23       they have the ability to go to the Family

        24       Court and apply for a PINS petition before the

        25       child's behavior becomes so bad that they fear



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         1       for themselves and other members of their

         2       family.  A PINS petition, though, provides

         3       something that a family offense finding will

         4       not provide to a parent, and what that is

         5       predominantly is access to services that they

         6       desperately need to deal with their

         7       recalcitrant teenager or teenagers.

         8                  If you apply for a PINS petition

         9       and you're granted that PINS petition, it

        10       gives you access to a caseworker from the

        11       local social service district.  In the City of

        12       New York, it's through the Administration of

        13       Children's Services.  You have a caseworker

        14       who is then assigned to work with you to deal

        15       with your child.

        16                  If you don't, if you only go the

        17       family offense route, you don't have access to

        18       that service.  And that is what Senator

        19       Montgomery is trying to provide.  It shouldn't

        20       get to the point where parents are required to

        21       go and file a family offense petition and then

        22       have that child that they haven't figured out

        23       how to deal with, for a variety of reasons,

        24       now have a case that's pending in Criminal

        25       Court and Family Court because of the



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         1       concurrent jurisdiction.

         2                  That is the intent behind this

         3       legislation.  And if -- Senator Saland, I

         4       think I heard you clearly, you support the

         5       intent behind that.  Your concern is behind

         6       the way the bill is drafted, that the

         7       unintended consequence of what could be a

         8       legislative flaw could create a bigger problem

         9       for these families.

        10                  So I'm still supporting this bill.

        11       And I think we heard you clearly that the bill

        12       may need some tweaks so that we achieve the

        13       intent of the legislation which is so

        14       important for families who really need some

        15       service.  You don't want to become a parent

        16       who now says "I have nowhere to go but to

        17       Criminal Court to find ways to deal with my

        18       child."

        19                  Thank you.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Robach.

        22                  SENATOR ROBACH:    Yes, Madam

        23       President.  On the bill.

        24                  While I certainly agree with my

        25       colleague Steve Saland and understand Senator



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         1       Montgomery's best intentions, I guess I look

         2       at it a little bit from the other way.  I

         3       think that people who are dealing with this

         4       unfortunate incident with their children are

         5       at least going to get a crash course on what

         6       they have to do when they go through the

         7       system.  And no one likes to go through that.

         8                  But when I look at it globally, I'm

         9       concerned with this bill because while I

        10       understand the intention, I think there's a

        11       bad consequence, that exactly what Senator

        12       Savino spoke about will get swept under the

        13       rug.  If a young child is threatening

        14       violently his own parents, you can only

        15       imagine what might transpire when he's out of

        16       the house.

        17                  And ironically, I just came from a

        18       hearing on youth violence in the Office of

        19       Children and Family Services.  I know what

        20       those results are.  In the backyard of a

        21       friend of mine, Officer Anthony DiPonzio of

        22       Rochester, shot in the head by a 14-year-old

        23       nine months out of OCFS.  No supervision, and

        24       clearly the wrong classification -- after the

        25       fact, finding out all these violent things.



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         1                  I believe if his parents or parent,

         2       in this case, would have perhaps gone the

         3       other route and made a little bit more of a

         4       serious attempt to help this kid, it would not

         5       only stop that violence but it also ironically

         6       would have helped the individual, because

         7       maybe he would have been in a different place

         8       that wouldn't have allowed him to do this very

         9       violent, impulsive behavior.

        10                  You know, President Kennedy said it

        11       best, that the situation and crisis at hand

        12       should dictate the right government action.

        13       And we have, unfortunately -- it saddens me --

        14       an explosion of youth violence.  I can't even

        15       understand how a 15, a 16-year-old not only

        16       killing people in authority -- you know, we

        17       had another woman in Lockport that had a

        18       blanket thrown over her and was beat with a

        19       hammer by kids she was taking care of every

        20       day, working for New York State government.

        21       And then you hear about the other violence on

        22       women, young girls, young boys.

        23                  So I don't have a lot of

        24       constituents coming to me saying, "I'm worried

        25       that my kid is put in the wrong



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         1       classification."  I more get "I'm worried that

         2       my kid's completely out of control and I don't

         3       know what's going to happen," and I don't want

         4       it to be after the fact when that young person

         5       is arrested.

         6                  So I think we just have to be very,

         7       very careful how we do this.  And I think that

         8       there could be a better way to make sure, in

         9       the PINS -- which I fought very hard to get

        10       that legislation passed -- that people can get

        11       those services.  But I don't think in any way,

        12       shape or form should we nor should we deter

        13       anybody from taking this growing number of

        14       young people, who unfortunately are almost --

        15       are indicating violence or have committed some

        16       degree of violence, from classifying them or

        17       stopping them from prevailing more violence

        18       anywhere in our society, both on their family,

        19       to other young people, or to people in

        20       authority.

        21                  So I would encourage a no vote and

        22       say let's go back to the drawing board and try

        23       to get to your goal in a better way that

        24       doesn't put those young people or anybody in

        25       the general public at risk.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Montgomery.

         3                  SENATOR MONTGOMERY:    Yes, Madam

         4       President.  I appreciate Senator Robach's

         5       comments, and I just want to certainly agree

         6       with him that we are now treating children who

         7       have problems, who run into trouble and who at

         8       a very early stage in their lives exhibit, in

         9       one way or another, some need for some

        10       attention that we don't provide for them, some

        11       support, and to address them at a stage in

        12       their lives when it would make a difference.

        13       I agree with you.

        14                  And so the manifestation of

        15       these -- of issues that young people have at a

        16       very early stage is violence at a later stage

        17       that we don't understand and we can't figure

        18       out what to do about.

        19                  So you're right, Senator Robach.  I

        20       certainly agree with you.  And that was what

        21       was my intent with this legislation.  But

        22       absolutely I agree with you that we -- this

        23       bill does not really help with issues related

        24       to family violence in a broader sense.  It

        25       does not help in providing a support system



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         1       for families with children, with young people

         2       who are in trouble.  It does not help to get

         3       them help and assistance and support at a time

         4       when it would be make a difference, where they

         5       would not be confronted with a violent

         6       teenager later in life.

         7                  So yes, you're right, it does not

         8       do, really, what we need to be doing in this

         9       house.  But it was just aimed at hopefully

        10       making sure that we don't rush every young

        11       person into the criminal system, as opposed to

        12       giving ourselves an opportunity to do some of

        13       the things that you suggest that we need to

        14       do.  We need to look at them individually to

        15       see what are the symptoms indicating what that

        16       young person needs at an early enough stage.

        17                  So what I would like to do, Madam

        18       President, I would like to lay this bill aside

        19       so that hopefully we can discuss this in a

        20       larger context, and to pick up on some of the

        21       issues that Senator Robach has raised with

        22       regard to looking at our youngsters at an

        23       early enough stage so that we can actually

        24       help them and avoid them having to be either

        25       PINS or otherwise.  I accept that, and I want



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         1       to make sure that what we do is in the best

         2       interests of the families that we want to

         3       support as well as the children that we want

         4       to support.

         5                  So I would like to lay the bill

         6       aside, and let's try to work on an agreement

         7       where all of us can be comfortable with the

         8       outcome.  Thank you, Madam President.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator.

        11                  The bill is laid aside for the day

        12       at the request of the sponsor.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       857, by Senator Duane, Senate Print 7873, an

        16       act --

        17                  SENATOR KLEIN:    Lay the bill

        18       aside for the day, please.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is laid aside for the day.

        21                  The Secretary will continue to

        22       read.

        23                  THE SECRETARY:    Calendar Number

        24       866, by Member of the Assembly Gottfried,

        25       Assembly Print Number 1729, an act to amend



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         1       the Public Health Law.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Are there any Senators wishing to be heard on

         4       the bill?

         5                  Senator Hannon, on the bill.

         6                  SENATOR HANNON:    Thank you, Madam

         7       President.  On the bill.

         8                  Although the goal of psychologists

         9       to get accreditation with hospitals is, in

        10       their mind, something they've long sought,

        11       I've been surprised at the extraordinarily

        12       strong memos that have been issued about this

        13       from the people who run the Hospital

        14       Association of New York State, from the people

        15       who run the Greater Hospital Association of

        16       New York, from the Medical Society of the

        17       State of New York, and from New York

        18       Association of Psychiatrists, all of whom

        19       point out, in a very strong fashion, that

        20       current law does not prohibit at all

        21       psychologists from going on the staff of

        22       hospitals, but feel constrained to strongly

        23       object to this because of the mandate in the

        24       statute.

        25                  At a time when we've had eight



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         1       straight cuts of assistance to these medical

         2       institutions, it is too much for us to be

         3       telling them how to further run and staff

         4       their institutions when we're giving them less

         5       resources.

         6                  For those reasons, I'm going to be

         7       voting against this bill, Madam President.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Thank you, Senator Hannon.

        10                  Are there any other Senators

        11       wishing to be heard on the bill?

        12                  Hearing none, the debate is closed.

        13       The Secretary will please ring the bells.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the 180th day.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Announce the results.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 866, those recorded in the

        24       negative:  Senators Bonacic, DeFrancisco,

        25       Flanagan, Griffo, Hannon, Lanza, Larkin,



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         1       LaValle, Leibell, Libous, Little, Marcellino,

         2       Maziarz, McDonald, Padavan, Ranzenhofer,

         3       Robach, Saland, Seward, Skelos, Volker and

         4       Winner.  Also Senator Alesi.  Also Senator

         5       O. Johnson.

         6                  Pursuant to Rule 9, absent from

         7       voting:  Senators Farley, Golden, Nozzolio and

         8       Young.

         9                  Ayes, 33.  Nays, 24.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  Senator Klein, that completes the

        13       reading of the controversial calendar.

        14                  SENATOR KLEIN:    Madam President,

        15       I believe there's a report of the Rules

        16       Committee at the desk.  I move that we adopt

        17       the report at this time.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       There is a report of the Rules Committee at

        20       the desk.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Senator Smith,

        23       from the Committee on Rules, reports the

        24       following bills:

        25                  By Senator Parker, Senate Print



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         1       2165B, an act to amend Chapter 912 of the Laws

         2       of 1920;

         3                  By Senator Stavisky, Senate Print

         4       2293B, an act to amend the Public Authorities

         5       Law;

         6                  By Senator Huntley, Senate Print

         7       3117A, an act to amend the Social Services

         8       Law;

         9                  By Senator Dilan, Senate Print

        10       3772A, an act to amend the Public Authorities

        11       Law;

        12                  By Senator Foley, Senate Print

        13       4272A, an act to amend the Social Services

        14       Law;

        15                  By Senator Stachowski, Senate Print

        16       4647B, an act to amend the Vehicle and Traffic

        17       Law;

        18                  By Senator Hassell-Thompson, Senate

        19       Print 5043A, an act to amend the Social

        20       Services Law;

        21                  By Senator Valesky, Senate Print

        22       5414A, an act to amend the Agriculture and

        23       Markets Law;

        24                  By Senator Stavisky, Senate Print

        25       5680, an act to amend the Executive Law and



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         1       the Penal Law;

         2                  By Senator Hassell-Thompson, Senate

         3       Print 5999A, an act to amend the Executive

         4       Law;

         5                  By Senator Hassell-Thompson, Senate

         6       Print 6000A, an act to amend the Executive

         7       Law;

         8                  By Senator Foley, Senate Print

         9       6250, an act to amend the Environmental

        10       Conservation Law;

        11                  By Senator Schneiderman, Senate

        12       Print 7280A, an act to amend the Public

        13       Authorities Law;

        14                  By Senator Adams, Senate Print

        15       7379, an act to amend the Executive Law;

        16                  By Senator Valesky, Senate Print

        17       7556, an act to amend the Tax Law;

        18                  And by Senator Squadron, Senate

        19       Print 7855, an act to amend the Business

        20       Corporation Law.

        21                  All bills ordered direct to third

        22       reading.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       All those in favor of adopting the Rules

        25       Committee report please signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The Rules Committee report is adopted.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Madam President,

         9       at this time can we please go to a reading of

        10       the supplemental calendar.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       971, by Senator Parker, Senate Print 2165B, an

        15       act to amend Chapter 912 of the Laws of 1920.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 6.  This

        19       act shall --

        20                  SENATOR WINNER:    Lay the bill

        21       aside.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is laid aside.

        24                  THE SECRETARY:    Calendar Number

        25       972, substituted earlier today by



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         1       Assemblymember Magnarelli, Assembly Print 356,

         2       an act to amend the Public Authorities Law.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator LaValle, to explain his vote.

        12                  SENATOR LaVALLE:    Thank you very

        13       much, Madam President.

        14                  This is a bill that I think has an

        15       important purpose, but at the same time it has

        16       a fiscal impact for our community colleges,

        17       who have been cut with their base aid and the

        18       State University budget being cut.  I'm asking

        19       where is the money coming from.

        20                  And I find it difficult to support

        21       the bill.  While it has a good purpose, it is

        22       an empty vessel because there is no money to

        23       fund what is in this bill.  So I am going to

        24       vote in the negative on this legislation.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Thank you, Senator.

         2                  Are there any other Senators

         3       wishing to explain his or her vote?

         4                  Seeing none, announce the results.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 972, those recorded in the

         7       negative are Senators Flanagan, Golden,

         8       Griffo, Larkin, LaValle, Little, Marcellino,

         9       Seward, Skelos and Volker.

        10                  Ayes, 51.  Nays 10.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       973, by Senator Huntley, Senate Print 3117A,

        15       an act to amend the Social Services Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 180th day.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Announce the results.

        25                  THE SECRETARY:    Ayes, 61.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       974, by Senator Dilan --

         5                  SENATOR CRAIG JOHNSON:    Lay it

         6       aside for the day, please.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       975, by Senator Foley, Senate Print 4272A, an

        11       act to amend the Social Services Law.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Announce the results.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 975, to be recorded in the

        23       negative:  Senators Duane and L. Krueger.

        24                  Ayes, 59.  Nays, 2.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       976, by Senator Stachowski, Senate Print

         4       4647B, an act to amend the Vehicle and Traffic

         5       Law.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Read the last section.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator DeFrancisco, to explain his vote.

        15                  SENATOR DeFRANCISCO:    Yes, I'm

        16       going to vote in the affirmative.

        17                  For those who don't know it,

        18       Searles, whose name is in the caption, was an

        19       Onondaga County sheriff who was killed when he

        20       was making a stop on the side of a highway in

        21       Onondaga County.

        22                  And I think this is a good bill.

        23       It's a safety bill.  And actually I think it's

        24       a brilliant bill, because I put it in several

        25       years ago; it's just a different sponsor with



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         1       the same language presently.

         2                  But whoever is sponsoring it, it's

         3       still a good bill and it should be passed.  I

         4       vote aye.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator DeFrancisco to be recorded in the

         7       affirmative.

         8                  Are there any other Senators

         9       wishing to explain his or her vote?

        10                  Hearing none, announce the results.

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       977, by Senator Hassell-Thompson, Senate Print

        16       5043A, an act to amend the Social Services

        17       Law.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is high.  Lay it aside for the day.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 978, Senator Valesky moves to

        22       discharge, from the Committee on Agriculture,

        23       Assembly Bill Number 6686A and substitute it

        24       for the identical Senate Bill Number 5414A,

        25       Third Reading Calendar 978.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Substitution ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       978, by Member of the Assembly Magee, Assembly

         6       Print Number 6686A, an act to amend the

         7       Agriculture and Markets Law.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Read the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Call the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       979, by Senator Stavisky --

        22                  SENATOR CRAIG JOHNSON:    Lay the

        23       bill aside for the day, please.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The bill is laid aside for the day.



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         1                  THE SECRETARY:    In relation to

         2       Calendar Number 980, Senator Hassell-Thompson

         3       moves to discharge, from the Committee on

         4       Investigations and Government Operations,

         5       Assembly Bill Number 9020A and substitute it

         6       for the identical Senate Bill Number 5999A,

         7       Third Reading Calendar 980.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       980, by Member of the Assembly Destito,

        12       Assembly Print Number 9020A, an act to amend

        13       the Executive Law.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Read the last section.

        16                  THE SECRETARY:    Section 7.  This

        17       act shall take effect on the 90th day.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The bill is passed.



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         1                  THE SECRETARY:    In relation to

         2       Calendar Number 981, Senator Hassell-Thompson

         3       moves to discharge, from the Committee on

         4       Investigations and Government Operations,

         5       Assembly Bill Number 9018A and substitute it

         6       for the identical Senate Bill Number 6000A,

         7       Third Reading Calendar 981.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       981, by Member of the Assembly John, Assembly

        12       Print Number 9018A, an act to amend the

        13       Executive Law.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Read the last section.

        16                  THE SECRETARY:    Section 4.  This

        17       act shall take effect on the 90th day.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       982, by Senator Foley, Senate Print 6250, an

         3       act to amend the Environmental Conservation

         4       Law.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Read the last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect on the 180th day.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Call the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Fuschillo, to explain his vote.

        14                  SENATOR FUSCHILLO:    Thank you

        15       very much.

        16                  I'm going to be supportive of this

        17       legislation.  It repeals the fishing license

        18       fee here in New York State for saltwater

        19       recreational fishing.  I voted against this

        20       last year when you implemented it on the other

        21       side of the aisle.  It was wrong then, and

        22       it's doing the right thing today.

        23                  I support this legislation.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Fuschillo to be recorded in the



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         1       affirmative.

         2                  Are there any other Senators

         3       wishing to explain his or her vote?

         4                  Senator LaValle, to explain his

         5       vote.

         6                  SENATOR LaVALLE:    I just want to

         7       reiterate what Senator Fuschillo has said,

         8       that when this was in the budget I voted

         9       against this, and it's good to see it here.

        10                  What has happened in my Senate

        11       district, because we have -- under the various

        12       patents from colonial times, the land was

        13       given to the freeholders -- trustees who have

        14       control over the bay bottoms.  They have

        15       literally brought lawsuits and expended

        16       taxpayer dollars to defend their rights as

        17       trustees.

        18                  So I am hopeful that this bill

        19       passes both houses and that there is

        20       commensurate dollars in the budget to ensure

        21       that the saltwater fishing license fee is done

        22       away with.  So I vote in the affirmative.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator LaValle to be recorded in the

        25       affirmative.



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         1                  Are there any other Senators

         2       wishing to explain his or her vote?

         3                  Seeing none, announce the results.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 982, Senator Aubertine to be

         6       recorded in the negative.

         7                  Ayes, 60.  Nays, 1.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       983, by Senator Schneiderman, Senate Print --

        12                  SENATOR MAZIARZ:    Lay the bill

        13       aside, please.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is laid aside.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 984, Senator Adams moves to

        18       discharge, from the Committee on

        19       Investigations and Government Operations,

        20       Assembly Bill Number 10180 and substitute it

        21       for the identical Senate Bill Number 7379,

        22       Third Reading Calendar 984.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Substitution ordered.

        25                  THE SECRETARY:    Calendar Number



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         1       984, by Member of the Assembly Weinstein,

         2       Assembly Print Number 10180, an act to amend

         3       the Executive Law.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect nine months from the

         8       date it shall have become law.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Call the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Announce the results.

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       985, by Senator Valesky, Senate Print 7556, an

        19       act to amend the Tax Law.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Read the last section.

        22                  THE SECRETARY:    Section 8.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Valesky, to explain his vote.

         4                  SENATOR VALESKY:    Yes, thank you,

         5       Madam President.

         6                  This is a very, very important

         7       piece of legislation, a Governor's program

         8       bill that makes corrections to a law that this

         9       Senate passed last year to enhance the

        10       Historic Rehabilitation Tax Credit.  It was

        11       believed at that time that banks and insurance

        12       companies, both of which are significant

        13       investors in development projects, would have

        14       been included.  This legislation, a technical

        15       correction, was necessary to make clear in law

        16       that banks and insurance companies can indeed

        17       qualify for the tax credit.

        18                  This is a significant piece of

        19       economic development legislation for the

        20       entire state, but particularly for upstate.

        21       And I just want to share with my colleagues --

        22       and appreciate their support on both sides of

        23       the aisle -- a list has been compiled by the

        24       Preservation League, developers and others of

        25       over 20 projects in cities across upstate



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         1       New York, including Cohoes, Buffalo, the

         2       Hurbson building project in Syracuse,

         3       Binghamton, North Tonawanda, Buffalo again,

         4       Albany, Rochester, the Pike Block project in

         5       Syracuse, and a number of others, projects

         6       that will be eligible to be advanced through

         7       this legislation should it be passed in the

         8       Assembly and signed into law by the Governor.

         9                  So I want to thank all of the

        10       members of the Senate, on both sides of the

        11       aisle, for their support in this critical

        12       piece of economic development legislation.  I

        13       vote in the affirmative.  Thank you.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Valesky to be recorded in the

        16       affirmative.

        17                  Senator Foley.

        18                  SENATOR FOLEY:    Thank you, Madam

        19       President.  I rise in strong support of this

        20       legislation and also to commend Senator

        21       Valesky for putting this forward.

        22                  We live in a state that has many

        23       historic buildings, from Montauk Point to

        24       Niagara Falls and points in between.  And this

        25       particular incentive, if you will, both



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         1       economic as well as historic, will enable

         2       many, many buildings and homes, particularly

         3       buildings throughout the state, that have

         4       great historic value to be saved and also to

         5       be utilized in a fashion that will create jobs

         6       and the like.

         7                  So this is a very important piece

         8       of legislation.  This is truly an incentive.

         9       Other states have done this for years.  So I'm

        10       happy and pleased to see that the real

        11       historic treasures of this state can now be

        12       saved through this very innovative piece of

        13       legislation.  And again, I'd like to commend

        14       Senator Valesky for putting it forward.  I

        15       will vote in the affirmative.

        16                  Thank you, Madam President.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Foley to be recorded in the

        19       affirmative.

        20                  Senator C. Johnson.

        21                  SENATOR CRAIG JOHNSON:    Thank

        22       you, Madam President.  I also rise to support

        23       this piece of legislation.

        24                  I want to commend the sponsor,

        25       Senator Valesky.  For the last couple of years



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         1       it's been a passion for him to ensure that

         2       this legislation get passed.  It was passed

         3       beforehand, and he saw the need for the

         4       technical amendment and was able to get it

         5       done.

         6                  And I appreciate that, especially

         7       for my district.  The beautiful village of

         8       Roslyn, the old village of Roslyn, when you

         9       drive through, is littered, literally, with

        10       hundreds of historic homes and properties.

        11       And this tax credit is going to enable an

        12       area -- which quite frankly, and all

        13       throughout the state, is facing very difficult

        14       economic times -- the ability to rehab the

        15       properties that so deserve it.

        16                  So again, I want to commend Senator

        17       Valesky as well as the entire Senate body for

        18       making sure this legislation passed.

        19                  Thank you very much.  I vote in the

        20       affirmative.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator C. Johnson to be recorded in the

        23       affirmative.

        24                  Senator Golden, to explain his

        25       vote.



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         1                  SENATOR GOLDEN:    Thank you, Madam

         2       President.  I too rise, I believe this is a

         3       good bill.

         4                  Coming from the communities of Bay

         5       Ridge and Dyker and Bensonhurst, where I

         6       represent, that is where the British landed

         7       many, many hundreds of years ago, and they ran

         8       down those avenues.  And we have historic

         9       buildings that are there that can -- the

        10       New Utrecht Reformed, which is one of the

        11       oldest structures in the city and state of

        12       New York.  We have Fort Hamilton Army Base,

        13       built back in 1825.  We have so many

        14       facilities that are in our community that have

        15       so much history.

        16                  And today I'm gifted to have the

        17       class from McKinley Junior High School here,

        18       from the Dyker Heights/Bay Ridge community,

        19       who live in that whole historic community.

        20       And one of my winners from the Senator for a

        21       Day contest up here, and their essays, and

        22       that's Norman Zhao.  And I want to

        23       congratulate him and his teacher and his class

        24       for being here today and watching and

        25       witnessing legislation being passed that will



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         1       help preserve the old buildings in our

         2       community and maintain history.

         3                  And I think this is a good day for

         4       them and a good day for this chamber.

         5                  Thank you, Madam President.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you, Senator Golden.  Senator Golden to

         8       be recorded in the affirmative.

         9                  Senator Padavan, to explain his

        10       vote.

        11                  SENATOR PADAVAN:    Yes, thank you.

        12                  Madam President, as the sponsor of

        13       the underlying legislation in 2006 that

        14       established this system of credits, I'm happy

        15       to say that over those years that have passed,

        16       hundreds and hundreds of historic buildings in

        17       this state have been saved from the wrecking

        18       ball by virtue of the credits that were made

        19       available and made it feasible for their

        20       rehabilitation and saving them, plain and

        21       simple.

        22                  And so for that reason I'm happy to

        23       support this legislation, which goes a step

        24       further and enhances that underlying program

        25       to further do the things we set out to do, to



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         1       ensure that those buildings and facilities of

         2       historic nature and of architectural value are

         3       sustained and maintained and continued so that

         4       generations to come will enjoy not only being

         5       in them and seeing them, but knowing that the

         6       people who built them were individuals of

         7       great esteem and the facilities that they

         8       provide are of value to our quality of life.

         9                  Thank you, Madam President.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Padavan to be recorded in the

        12       affirmative.

        13                  Are there any other Senators

        14       wishing to explain his or her vote?

        15                  Hearing none, announce the results.

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       986, by Senator Squadron, Senate Print 7855,

        21       an act to amend the Business Corporation Law.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the 60th day.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Announce the results.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 986, Senator O. Johnson to be

         8       recorded in the negative.

         9                  Ayes, 60.  Nays, 1.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  Senator Johnson, that completes the

        13       reading of the noncontroversial supplemental

        14       calendar.

        15                  SENATOR CRAIG JOHNSON:    Thank

        16       you.  Madam President, at this time can we go

        17       to the controversial reading of the

        18       supplemental calendar.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The Secretary will ring the bell.

        21                  Members are all asked to come to

        22       the chamber for the reading of the

        23       controversial supplemental calendar.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       971, by Senator Parker, Senate Print 2165B, an

         2       act to amend Chapter 912 of the Laws of 1920.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Padavan.

         5                  SENATOR PADAVAN:    Thank you,

         6       Madam President.

         7                  I rise to express a point of view

         8       that would hopefully lead you to reject this

         9       proposal.  I am strongly in opposition to

        10       legalizing what is referred to as mixed

        11       martial arts in the State of New York.

        12                  When the promoters advertise, show

        13       these combative sports on TV and elsewhere,

        14       they refer to them not as mixed martial arts

        15       but as ultimate fighting.  Ultimate fighting.

        16       And that's exactly what they are.  We're

        17       teaching our children that you can rap

        18       somebody in the back of his neck with your

        19       elbow, knee him in the groin, knock him down

        20       and beat him up while he's on the ground, with

        21       blood all over the place, and that's perfectly

        22       all right, that that's a sport.

        23                  Well, I suggest to you that it's

        24       far from a sport.  It is barbaric in every

        25       sense of the word.  Yes, it's being done



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         1       elsewhere in other venues, but that doesn't

         2       mean we have to do it in New York.

         3                  I have in front of me a memo from

         4       the New York State Catholic Conference, which

         5       strongly opposes this bill.  And I'd like to

         6       just read a couple of sentences from it.  "The

         7       fight involved knees to the groin, kidney

         8       punches, knees to the head, and a lot of the

         9       aforementioned choking.  Please don't show our

        10       children that the well-being of the men and

        11       women caught up in this violent degradation

        12       are worth less than the animals such as

        13       Buster's Law that we have so diligently

        14       designed to protect animals."

        15                  We outlawed animal fighting in this

        16       state, which is ultimate fighting, because

        17       they fight to the death in most cases.  Why

        18       the revenues, whatever they might be, that

        19       this particular active activity will generate

        20       so far transcend the message that we are

        21       generating by instituting it justifies passing

        22       this bill I am totally incapable of

        23       understanding.

        24                  So I would strongly urge that we

        25       reject this bill, that we listen carefully to



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         1       what others are saying in opposition, that we

         2       teach our children that this type of contact

         3       between human beings is just not acceptable

         4       and certainly should not be viewed as a sport.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Thank you.

         7                  Senator L. Krueger.

         8                  SENATOR LIZ KRUEGER:    Thank you,

         9       Madam President.

        10                  I rise to share my concern, as

        11       Senator Padavan has, that this is a very bad

        12       mistake for New York State.  Mixed martial

        13       arts encourages violence among our children.

        14       There's no getting around the violence in the

        15       sport.  Medical experts agree participation

        16       can lead to permanent brain damage and

        17       premature death.

        18                  Other sports are finally starting

        19       to realize the dangers of concussions and

        20       acting to reduce them.  But in mixed martial

        21       arts they wear no padding, they wear no

        22       helmets, they wear no protective gear, even

        23       like boxing.

        24                  When other communities have acted

        25       to legalize, inevitably we have seen increased



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         1       injuries and, yes, some deaths that followed.

         2       And I share my colleague's concern that it

         3       encourages dangerous behavior by children who

         4       won't know any of the rules to follow to be

         5       careful, who will just be copying what they

         6       see going on on TVs.

         7                  The New York Times recently had an

         8       article discussing the concerns that this is

         9       increasing violence in our society, that even

        10       though supposedly the rules have changed in

        11       the modern version of mixed martial arts, it

        12       still results in serious danger and harm done

        13       to the people who participate.

        14                  The most forceful argument I've

        15       seen comes from the British Medical

        16       Association, which is battling to ban both

        17       ultimate fighting and boxing, and they

        18       declared that "Doctors cannot stand by while

        19       violent fighting tournaments are allowed to

        20       take place.  Large money can be earned by

        21       participants, promoters and others linked to

        22       the ultimate fighting, but no amount of money

        23       can compensate for permanent brain damage and

        24       premature death."

        25                  I know we live in a violent



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         1       society.  I know you can't legislate against

         2       violence.  I know that our children get mixed

         3       messages all the time -- some of them good,

         4       some of them towards violence.  But I can't

         5       vote for a bill that would increase the number

         6       of legal activities that promote violence,

         7       that can cause serious permanent brain damage

         8       or death, and will be used as models by our

         9       young children about what are considered

        10       acceptable sports activities and unacceptable

        11       activities.  I urge my colleagues to vote no.

        12                  Thank you, Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Klein, on the bill.

        15                  SENATOR KLEIN:    Thank you, Madam

        16       President.  I rise in support of this

        17       legislation and commend my colleague Senator

        18       Parker for bringing this legislation to the

        19       floor.

        20                  Clearly we've heard a lot about

        21       this specific sport.  And certainly if it were

        22       back in 1997 when New York State banned mixed

        23       martial arts because at the time it was

        24       completely unregulated and a dangerous

        25       activity and often compared to human



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         1       cockfighting, that certainly is no longer the

         2       case right now.

         3                  Since that time, it's been

         4       regulated, a regulated sport in 37 states

         5       which created rules and guidelines to prevent

         6       the savagery once associated with this sport.

         7       So it's come a long way.  It is regulated very

         8       similar to how we regulate boxing.  It's very

         9       similar to how we regulate wrestling.

        10                  And I think the time has come for

        11       New York State to be the 38th state that

        12       allows mixed martial arts.  If you look at --

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Can we have order in the chamber, please.

        15                  SENATOR KLEIN:    Thank you, Madam

        16       President.

        17                  If you look at the success rate of

        18       the sport as far as a revenue generator in

        19       other states, it's outstanding.  The

        20       pay-per-view for the events is off the charts.

        21       Neighboring New Jersey, in the Meadowlands and

        22       other venues, packs arenas.  This is something

        23       that I think can do the same thing for

        24       New York State.

        25                  You know, I firmly believe that,



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         1       you know, people around our great state want

         2       to watch this.  And as long as it's regulated,

         3       which it will be under this bill, I think we

         4       can generate an awful lot of revenue for many

         5       regions around our state.  I know Senator

         6       Griffo is supportive of this legislation.  I

         7       know one of the top-ranked fighters is a

         8       constituent of his.  So there is this New York

         9       connection.

        10                  I know the numbers are not quite

        11       clear, but it has been said we can generate

        12       certainly in the first year upward of

        13       $5 million.  And of course in the legislation

        14       there is a 10 percent tax on receipts on

        15       ticket sales as well as broadcasting rights,

        16       and I think with time this can be a very

        17       compelling revenue generator for the state as

        18       well as a recurring one.

        19                  So I vote yes, Madam President.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Thank you, Senator.

        22                  Senator Padavan, why do you rise?

        23                  SENATOR PADAVAN:    Will Senator

        24       Klein yield to a question.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Senator Klein, will you yield to a question?

         2                  SENATOR KLEIN:    Yes, Madam

         3       President.

         4                  SENATOR PADAVAN:    The regulations

         5       you referred to, do they allow choking?

         6                  SENATOR KLEIN:    I don't see the

         7       specifics on what's allowed and what's not

         8       allowed.

         9                  SENATOR PADAVAN:    Well, they do.

        10       Do they allow hitting when the individual is

        11       down on the ground?

        12                  SENATOR KLEIN:    I do have it now.

        13       Striking, kicking and grappling.

        14                  SENATOR PADAVAN:    Is what?

        15                  SENATOR KLEIN:    Are the precise

        16       words that are allowed.

        17                  SENATOR PADAVAN:    That are

        18       allowed.

        19                  SENATOR KLEIN:    That are allowed.

        20       I don't see anything that says choking.

        21                  SENATOR PADAVAN:    It doesn't say

        22       it's prohibited, though.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Padavan.

        25                  SENATOR PADAVAN:    Would he yield.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Will you continue to yield, Senator Klein?

         3                  SENATOR KLEIN:    Yes, Madam

         4       President.

         5                  SENATOR PADAVAN:    Does it say

         6       it's prohibited?

         7                  SENATOR KLEIN:    It specifically

         8       states the permitted martial arts

         9       techniques -- which is in the legislation,

        10       Senator -- which is striking, kicking and

        11       grappling.

        12                  SENATOR PADAVAN:    Senator, you

        13       have not answered my question --

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Padavan, do you wish Senator --

        16                  SENATOR PADAVAN:    -- but let me

        17       go on to another one.

        18                  SENATOR KLEIN:    Again, I will

        19       answer your question, Senator.  I assume, if

        20       they're stating the specific things that are

        21       allowed, other things like choking would not

        22       be allowed under the legislation.

        23                  SENATOR PADAVAN:    Madam

        24       President, the fact that it doesn't say it is

        25       not allowed doesn't mean that it is allowed.



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         1       It does mean it's allowed, because it's being

         2       done.  You talked about those 37 venues.  Turn

         3       it on, look at one of those fights going on in

         4       the cages.  You will see choking, you will see

         5       kneeing, you will see people being hit while

         6       they're on the ground and blooded.  And it is

         7       permitted by those regulations, which I assume

         8       are the very same regulations you are

         9       referring to.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Padavan, are you on the bill or --

        12                  SENATOR PADAVAN:    Yes, I'm taking

        13       a second bite at the apple, if I may.  Because

        14       the Senator is not going to yield, obviously,

        15       to the question that I'm asking.

        16                  It is not prohibited.  These things

        17       are allowed.  They are going on today.  And I

        18       don't care about the $5 million.  But I do

        19       care about what we are teaching our children.

        20                  Now, I'm familiar with when we send

        21       our kids to learn judo, taekwondo and other

        22       martial arts, and I've been in those places,

        23       and I've seen what those children are

        24       learning, and it's great.  But you don't, you

        25       don't knee somebody in the groin, you don't



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         1       hit them in the back of the neck with your

         2       elbow, you don't beat them up while they're

         3       lying on the ground, and you don't choke them.

         4                  And that's what this type of

         5       ultimate fighting will provide.  And if you

         6       allowed some of these promoters to go further,

         7       they'd have the thumbs up or thumbs down part

         8       of it.  But they don't go that far.  But they

         9       certainly do allow someone to be beaten

        10       unconscious before that fight will be stopped.

        11                  It's not something I think this

        12       state, with all due regard to what's going on

        13       elsewhere, should permit to be happening.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Volker, on the bill.

        16                  SENATOR VOLKER:    Madam President,

        17       you know, over the years I have spoken on a

        18       number of occasions on violence and

        19       television, and I'm the first one to say that

        20       it's almost uncontrollable.  And when you

        21       start talking, for instance, about gun

        22       violence, it's kind of a laughable thing to me

        23       when people don't realize that the amount of

        24       violence, the number of people killed by fists

        25       and clubs and other means other than guns has



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         1       been rising at a dramatic rate.

         2                  I think violence -- and especially

         3       for our young people, that a great reason why

         4       we have so many problems in our schools has to

         5       do with what young people see on television.

         6       And I know they can see it on the Internet and

         7       so forth.  That doesn't make it any more

         8       right.

         9                  I've seen this ultimate fighting

        10       stuff.  And if you think about it, boxing, a

        11       tough sport, but there are all sorts of rules

        12       that govern what can be done during a fight.

        13       Senator Krueger and Senator Padavan are right,

        14       that ultimate fighting is really about as far

        15       out as you can get without going back to the

        16       old gladiatorial system.

        17                  I realize that it's hard for us to

        18       control what our children see, what our people

        19       see.  Many of us who have been involved in

        20       criminal justice are absolutely convinced that

        21       the amount of violence in our streets is

        22       directly related to what they see and to what

        23       is being produced by Hollywood and many other

        24       people and the dramatic nature of the bloody

        25       kinds of things that we are involved in.



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         1                  Normally, I speak only where there

         2       is terms of something that we can absolutely

         3       stop.  We can't absolutely stop this ultimate

         4       fighting, but we can send a message to our

         5       people here in New York that New York is not

         6       ready to brutalize people in a public way.

         7       And having watched these ultimate fights and

         8       the way that they're done -- and I'll show you

         9       one thing.  Some people now out in the streets

        10       are beginning to practice ultimate fighting.

        11       And, you know, it seems to me that it will

        12       only lead to more violence, to more problems,

        13       that we sometimes completely forget about.

        14                  So I'm with Senator Padavan and

        15       Senator Krueger.  This type of activity should

        16       not be legalized in New York, and we should

        17       try wherever we can to curb violence on TV and

        18       on the Internet.  Because if we don't, it's

        19       very possible our society may be headed for an

        20       even worse situation than we're in today.

        21                  So I'm going to vote against this

        22       legislation.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Alesi, on the bill.

        25                  SENATOR ALESI:    Madam President,



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         1       my colleagues, thank you.

         2                  I'm almost feeling a little bit

         3       uncomfortable saying that I am opposing this

         4       bill, because having watched ultimate fighting

         5       or whatever else you want to call in a more

         6       sanitized version, it literally turns my

         7       stomach.  And for those people who are not

         8       affected in that way, I would broaden it and

         9       simply say this, that anyone that can get over

        10       watching this for any extended period of time

        11       has to become desensitized, desensitized to

        12       this kind of brutality.

        13                  And if there is any one thing we

        14       know about problems with young people and

        15       violence across this nation -- in fact,

        16       violence throughout the world -- it is that

        17       they have become desensitized to violence by

        18       watching violence on television, by watching

        19       people be killed by guns, by watching people

        20       be brutally beaten, to the extent where when

        21       they see it in real life, they're completely

        22       desensitized to it.  It doesn't mean anything

        23       to them.

        24                  And for those people, many of whom

        25       are now involved in violent crime, a lot of



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         1       times I believe you can trace some of that

         2       violence back to the fact that they've been

         3       exposed to it over and over and over and over

         4       again so many times, they don't see it or feel

         5       it as violence.

         6                  Now, you can see this on television

         7       right now.  And as Senator Volker said, yeah,

         8       can you catch it on the Internet.  And there's

         9       no preventing that.  Although the bill says if

        10       you're 16 years or younger you can't attend

        11       one of these events.  But you can see them.

        12       And I guarantee you the more we see this, the

        13       more this kind of brutally is going to mean

        14       nothing to younger people.  And I also believe

        15       that there will probably come a time where

        16       even though the bill does not address amateur

        17       bouts, you'll start to see amateur bouts that

        18       are not sanctioned happening in neighborhoods

        19       or other places.

        20                  This bill also says you have to be

        21       18 years old or so.  That's pretty young.

        22       When you've watched ultimate fighting, 18

        23       years old is pretty young to be in a situation

        24       like that, especially when the bill allows you

        25       to have a fight every 72 hours -- one fight



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         1       every three days if you can do it.  If you can

         2       pass the physical, if your brains and your

         3       body aren't so beat up.

         4                  I know this is a big economic

         5       generator.  And my best guess is this bill

         6       will be passed based on the fact that New York

         7       doesn't want to lose this great opportunity at

         8       revenue.  But I truly and honestly believe

         9       that the more we expose people in our society

        10       to this kind of brutality, the more they're

        11       going to be desensitized to it and the more

        12       outside of the ring we're going to see this

        13       kind of activity in our streets and in our

        14       schools and places where we would like young

        15       people as well as people of older ages to feel

        16       safe.

        17                  This is going to erode the safety

        18       of our communities, our schools and our

        19       neighborhoods.  And I have to vote no on that

        20       basis.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Leibell.

        23                  SENATOR LEIBELL:    Thank you,

        24       Madam President.  Just to echo some of the

        25       recent comments of my colleagues.



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         1                  There has to be a distinction

         2       between what's acceptable sport and what is

         3       pure brutality.  We have all discussed, and we

         4       have discussed it as a nation, the violence

         5       that we see within our society.  I have to

         6       believe that encouraging something like this,

         7       especially as some sort of an economic engine,

         8       can only reduce our society to more and more

         9       violence.

        10                  I mean, how many times do we

        11       discuss the injuries that come about from

        12       sports such as football, the head traumas?

        13       We've seen our professional athletes, how many

        14       of them at a relatively early age are maimed

        15       and crippled.

        16                  Regardless of the dollars involved

        17       for this state, this is a bad way to go.  We

        18       should be looking for ways to address violence

        19       within our society.  Madam President, I'll be

        20       voting in the negative.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator.

        23                  Senator Parker.

        24                  SENATOR PARKER:    Thank you, Madam

        25       President.  On the bill.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Parker, would you yield to Senator

         3       Lanza?

         4                  SENATOR PARKER:    For Senator

         5       Lanza, anything.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Lanza, on the bill.

         8                  SENATOR LANZA:    Thank you, Madam

         9       President.  And thank you, Senator Parker.

        10                  I'll be brief.  As I listened to my

        11       colleagues Senator Padavan, Senators Volker,

        12       Leibell, Alesi, I just want to say, Madam

        13       President, I couldn't agree more.  We're

        14       really living through tough times.  Economic,

        15       we're 75 or 76 days late with the budget here

        16       in this state.  We've got so many important

        17       social issues that we need to address in this

        18       state and across the country.  People who are

        19       impoverished, people looking for a job --

        20       there's so many things that we have a

        21       responsibility here as a Legislature to

        22       address.

        23                  And I just feel that we can do so

        24       much better than legislation like this.  This

        25       can't be the best that we can do.



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         1                  And as I listen to the reasons that

         2       those who support this legislation offer up,

         3       it seems to come down to money.  No one's

         4       saying anything good about this activity and

         5       this conduct.  And I just happen to believe

         6       that money doesn't make everything all right,

         7       that just because you can profit from

         8       something it's a good thing.

         9                  And there are lots of things that

        10       we know that people profit from, whether it's

        11       the drug trade or others -- and I'm not

        12       comparing this to the drug trade.  But I'm

        13       just saying that making money doesn't make

        14       right or make good or make decent.  And this

        15       truly is a terrible message to be sending.

        16                  You know, as a father of three

        17       young children, I can tell you I think it's

        18       tougher than ever to raise kids the right way

        19       in a society where they are continually

        20       bombarded by all sorts of garbage and

        21       nonsense.  And I think this will make it

        22       harder.

        23                  You know what the world needs now,

        24       as the song says, is more love.  Some decency,

        25       some compassion.  And that's what we should be



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         1       talking about.  And that's what we should be

         2       delivering.  We should not send this terrible

         3       message that it's okay to really brutalize

         4       human decency.

         5                  You know, there is a famous

         6       football player who went to jail because

         7       people were profiting and watching and

         8       enjoying dogs fighting.  In this state you can

         9       go to jail if you let birds fight.  Do we

        10       truly believe that birds and dogs are more

        11       important than people?  I really think that

        12       that's the message being sent here.  And it is

        13       truly a terrible one.

        14                  And for that reason, I'm going to

        15       be voting no.  Thank you, Madam President.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you, Senator.

        18                  Senator Parker, to close.

        19                  SENATOR PARKER:    Thank you, Madam

        20       President.  On the bill.

        21                  I did not realize we had so many

        22       peaceniks in this chamber.  But let me just --

        23       I rise to, as the sponsor of this bill, just

        24       really to, one, clip some things that I think

        25       are misunderstood about this sport.



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         1                  Mixed martial arts is a legitimate

         2       sport.  It is a sport that has grown over the

         3       last number of years.  You'll see, out of the

         4       44 states in this great union that have

         5       sporting commissions, as Senator Klein

         6       indicated, 37 of them have sanctioned mixed

         7       martial arts as a legitimate sport.

         8                  What my bill attempts to do is to

         9       essentially bring us into the mainstream, is

        10       to address some of the concerns that people

        11       have in this chamber.  I agree with almost all

        12       of my colleagues with their concerns I guess

        13       about violence in our society.  I'm not clear

        14       that the legalization and regulation of mixed

        15       martial arts in the State of New York is going

        16       to add to that.

        17                  I think that if we are going to ban

        18       this, then we ought to be talking about an

        19       omnibus bill where we ban boxing from the

        20       state, where we ban hockey from the state,

        21       where we ban football from the state, where we

        22       ban lacrosse from the state.  I mean, you

        23       know, we have three competitive hockey teams

        24       that play in and around the greater New York

        25       area and the State of New York, and this is a



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         1       sport, you know, where fighting and people

         2       losing teeth is part of the everyday activity.

         3       And we just celebrated the championship of

         4       that sport.  Mixed martial arts is actually

         5       far more regulated than the fighting that many

         6       people in this room enjoy in hockey.

         7                  That being said, there's again some

         8       conceptions about the kind of striking that

         9       can be done.  What we're doing in this bill is

        10       that we're regulating it.  We're saying what

        11       can and can't be done.  We're saying that

        12       there has to be a level of safety.  We're

        13       saying there has to be a level of humanity in

        14       this bill.

        15                  Senator Padavan, some of the things

        16       that -- I certainly understand and really

        17       sympathize with some of your sentiment about

        18       this, because I know that you feel very, very

        19       strongly about this, as you do many issues

        20       that you speak about on this floor.

        21                  Striking to the back of the neck is

        22       not allowed.  Kicking and striking people

        23       while they're down is allowed in certain

        24       circumstances, but it's not standing over

        25       somebody and then stomping them.  That's kind



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         1       of not what happens.

         2                  Also the conversation kind of, you

         3       know, in this chamber describes an event that,

         4       you know, is almost like gladiarism {sic}.

         5       All right?  And that's not in fact what

         6       happens.  There is in fact a referee.  There

         7       is in fact somebody who monitors it.  There is

         8       in fact -- you're right that there are

         9       submission holds in which people are allowed

        10       to tap out or in fact the referee can let

        11       people come out of it.

        12                  But when you look at the rates of

        13       injury -- and Senator Krueger spoke to this as

        14       well -- when you look at the rates of injury,

        15       particularly concussions, they're actually

        16       significantly and dramatically less in mixed

        17       martial arts than there are in boxing.

        18       Significantly less.  And why?  Because

        19       actually most of the bouts are not decided by

        20       people pounding or punching or kicking.

        21                  And it's tightly regulated.  We

        22       will be putting those regulations over to our

        23       New York State commission that I think we all

        24       trust to do the right thing as relates to

        25       regulating the sport.  And I think that it



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         1       will be something that I think ultimately

         2       people will see as a very worthy sport.

         3                  There are already places that are

         4       engaging in doing training around the sport.

         5       Even though bouts aren't allowed, people are

         6       still training in the State of New York.

         7       Again, we want to bring all of that under

         8       regulation.  We want to make sure that people

         9       are safe when participating in the sport,

        10       because this is a sport.  And we certainly

        11       don't want our young people hurt or injured in

        12       any significant way in the sport.

        13                  And when people have spoken to the

        14       economic implications of this legislation, I

        15       think that people have frankly understated

        16       them.  When you talk about the actual help to

        17       the economy in upstate New York by this

        18       legislation, you're talking about, to start,

        19       it will be $5.2 million and another

        20       $11.5 million in New York City because of the

        21       economic activity, both because of the actual

        22       events as well as people coming into town and

        23       the other kinds of things, the ancillary

        24       economic activity that surrounds a sanctioned

        25       bout.



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         1                  And so I ask my colleagues to, you

         2       know, don't rush to judgment about the level

         3       of violence that they believe that they see in

         4       this and give the sport a chance.  Let us work

         5       with our state sports commission to regulate

         6       it and to do the right thing economically in

         7       the State of New York around this bill.

         8                  Thank you very much.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator Parker.

        11                  Are there any other Senators

        12       wishing to be heard?

        13                  Hearing none, the debate is closed.

        14       The Secretary will please ring the bell.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 6.  This

        17       act shall take effect on the 120th day.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Larkin, to explain his vote.

        23                  SENATOR LARKIN:    Thank you, Madam

        24       President.

        25                  I can't believe that we've wasted



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         1       an hour of valuable time here this afternoon

         2       when we should have been doing something about

         3       an important thing called the budget.

         4                  When you start to look at these

         5       innate actions that we see when we've taken

         6       the time to watch this on TV, now I know where

         7       all of the games in my city of Kingston and

         8       Newburgh, where they get all of their talent

         9       from watching this.  We're not teaching young

        10       people how to be adults, we're teaching young

        11       people how to be hoodlums.  Look what they do

        12       on this show -- pound one another, kick one

        13       another.  My friend Carl Marcellino said they

        14       have those big boxing gloves, they have those

        15       leather hand gloves so they can hit and punch

        16       one another.

        17                  This is a disgrace, this bill is.

        18       We should be ashamed of ourself as a

        19       legislative body, putting this out here.  The

        20       next thing, we'll find a street fight in one

        21       of our cities and everybody will say, well,

        22       they do it on television.  You people signed a

        23       law to let it happen.  This is a disgrace.

        24                  I will be able to look at my

        25       grandchildren this weekend and say "I don't



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         1       let you watch it on TV, and I didn't vote for

         2       it in Albany."  Why should you?

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Order in the chamber, please.

         5                  SENATOR LARKIN:    This is -- think

         6       of what you're saying.  I hear people in here

         7       saying we've got to stop the nonsense in the

         8       cities, we've got to -- and mostly the people

         9       from the City of New York talk about how we've

        10       got to do something for the young people.

        11       Well, you're not doing anything.

        12                  And then when I hear someone say

        13       this is going to be for the economy, are we

        14       stooping that low to say we're going to have

        15       this rough-and-tumble and it's going to help

        16       your economy?  What about doing something to

        17       create jobs, not create confusion?

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Larkin will be recorded in the

        20       negative.

        21                  Senator Griffo, to explain his

        22       vote.

        23                  SENATOR GRIFFO:    Thank you, Madam

        24       President.

        25                  While I appreciate and respect that



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         1       everyone here would have a personal

         2       perspective and a personal preference on any

         3       matter of sport, I think what we're dealing

         4       with today is the fact that this is an

         5       organized sport.  It is an organized sport

         6       that currently exists and will continue to

         7       exist.

         8                  And what this bill will do is it

         9       will allow the State Athletic Commission to

        10       regulate the sport, to ensure things are done

        11       properly, and to pay attention to this sport

        12       in the way that everybody is expressing they

        13       would like to see that take place, to ensure

        14       safety.

        15                  And secondly, it allows New York

        16       State athletes to participate in their own

        17       state in a sport that they may choose to

        18       participate in, no different than any other

        19       professional athlete has that opportunity to

        20       do in any other professional sport.

        21                  And it also enables this state to

        22       benefit economically during some very

        23       difficult, challenging times.

        24                  So for those reasons, I vote yes.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Senator Griffo to be recorded in the

         2       affirmative.

         3                  Senator Diaz, to explain his vote.

         4                  SENATOR DIAZ:    Thank you, Madam

         5       President.

         6                  This is a legislation that I cannot

         7       support.  I preach in my church, the church

         8       that I am the pastor, I preach against

         9       violence.  And I preach against things that

        10       destroy our youth.  And I try to teach my

        11       youth and people in my church that violence is

        12       never, never, never good and never takes us

        13       anywhere.

        14                  And this kind of sports, this kind

        15       of legislation sends a wrong message, a wrong

        16       message to all our communities -- especially,

        17       especially, especially in our communities.

        18                  And don't come and kill the

        19       messenger now.  But our community needs better

        20       messages.  Our community needs a message of

        21       peace, a message of -- not a message that

        22       promotes and creates violence and gives our

        23       children, our youth that mentality.  We have

        24       too much movies, too much TV, too much

        25       negative TV, too much negative movies, too



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         1       much things going on in our communities

         2       destroying the minds and the behavior of our

         3       youth, of our people.

         4                  So this is -- this is -- honestly,

         5       this is not good for our communities.  So I'm

         6       voting no, Madam President.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Diaz to be recorded in the negative.

         9                  Senator Savino, to explain her

        10       vote.

        11                  SENATOR SAVINO:    Thank you, Madam

        12       President.

        13                  It is a rare day indeed when

        14       party-line votes are not actually party-line

        15       votes in this body.  We're seeing the yeses on

        16       that side and the nos on this side, and yeses

        17       here and nos on that side, and I think it's

        18       very interesting to see the way this is

        19       turning out.

        20                  I've heard the argument on both

        21       sides that this is a revenue producer and that

        22       we're regulating this sport, and I've heard

        23       the argument that this is pure violence and

        24       we're just allowing people access to it on

        25       television.  I tend to agree with the latter



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         1       argument.

         2                  You know, 2,000 years ago the

         3       people of ancient Rome used to gather in the

         4       Coliseum, along with the Emperor and the Roman

         5       Senate, and they would watch gladiators fight

         6       to the death and kill each other.  And when

         7       they were done with that -- that wasn't

         8       entertaining enough -- they used to feed the

         9       Jews and the Christians to the lions.

        10                  That's what passed for

        11       entertainment in ancient Rome.  And I'm sure

        12       the people who ran the city of Rome considered

        13       that an economic development program as well.

        14       There's not much difference between that and

        15       this.

        16                  I cannot support this.  It is a

        17       barbaric -- and I don't want to use the word

        18       "sport," because I don't think there's

        19       anything sporting about ultimate fighting.  It

        20       is barbarism portrayed on television for

        21       people so that they can watch it and be

        22       entertained.  And at what point do we cross

        23       back over the Rubicon to start feeding people

        24       to the lions?  Maybe we'll call that a way to

        25       save government money because we won't have to



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         1       buy food for the lions in the zoo.

         2                  I vote no on this bill, and I think

         3       that before we grasp at any dollar that we can

         4       find in an effort to deal with our budget

         5       crisis, we should take a good long look at

         6       what we're willing to do for $5 million.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Savino to be recorded in the negative.

         9                  Senator Thompson, to explain his

        10       vote.

        11                  SENATOR THOMPSON:    Yes, Madam

        12       Chairwoman.  I rise in support of this bill.

        13                  I know that many of my colleagues

        14       have expressed some concern.  But as

        15       previously stated, this legislation will allow

        16       the State Athletic Commission to move forward

        17       with the process.  In Niagara Falls, this

        18       would be great.

        19                  I only request one thing, that the

        20       first match is in Niagara Falls.  I think it's

        21       a great backdrop.  In fact, there's a boxing

        22       match in Niagara Falls on Saturday night.

        23                  So this is really good.  I think it

        24       will provide some economic opportunity.  I

        25       think the state should receive more money,



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         1       actually, but it's a start.  And I think it's

         2       a good start, and I strongly support this

         3       legislation.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Thompson to be recorded in the

         6       affirmative.

         7                  Senator C. Johnson, to explain his

         8       vote.

         9                  SENATOR CRAIG JOHNSON:    Thank you

        10       very much, Madam President.  I'm going to be

        11       voting in the affirmative on this.

        12                  I've been listening very closely to

        13       the debate and the questions, and I'm struck

        14       by some of the comments and observations.  We

        15       not only permit boxing and hockey, but we

        16       promote pro wrestling.  And while we as adults

        17       know it's fake, our children certainly don't

        18       know it's fake.  And yet our children are

        19       actively -- there are instances where children

        20       are actually setting up wrestling rings in

        21       their backyard and getting involved in

        22       wrestling, and we do nothing to stop that,

        23       quote, sport.

        24                  And yet what's interesting is an

        25       individual who owns the wrestling corporation



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         1       is now running for the United States Senate

         2       based on the millions of dollars she's made on

         3       this sport that we as a state have done

         4       nothing to try and ban.

         5                  But I think what's even more

         6       troubling is sitting here in the Senate today

         7       listening to those who oppose this

         8       legislation, which will provide regulation,

         9       are outraged by the potential violence that is

        10       going on, are going to vote against it, and

        11       yet also voted against yesterday a

        12       microstamping bill that would have helped

        13       police end real gun violence in New York

        14       State.

        15                  I haven't seen these instances of

        16       gangs of youth running in our streets, given

        17       the fact they can watch mixed martial arts on

        18       television right now, and yet we're trying to

        19       prevent our police from stopping the real

        20       problem of gun violence in New York State,

        21       when yesterday we couldn't pass that bill.

        22                  I'm going to vote aye on this piece

        23       of legislation.  I thank the sponsor.  I thank

        24       Senator Klein, who's been involved in this.

        25       And I do vote aye.  Thank you very much.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator C. Johnson to be recorded in the

         3       affirmative.

         4                  Senator Saland, to explain his

         5       vote.

         6                  SENATOR SALAND:    Thank you, Madam

         7       President.

         8                  My time is limited, so I certainly

         9       don't want to pursue the line of argument that

        10       was just thrown out there by Senator Johnson.

        11                  Suffice it to say that this is a

        12       brutal, barbaric activity.  I wouldn't even

        13       deem it to be a sport.  And yes, there have

        14       been hockey players who have been prosecuted

        15       for their violence that has occurred within

        16       the hockey rink.  And even professional

        17       football, a very violent sport, is making an

        18       evident because of the injuries that the

        19       athletes have sustained, either to try and

        20       avoid the multiplicity of concussions that

        21       have occurred or to provide some type of

        22       funding for those who in their fifties are

        23       substantially disabled, who are neurologically

        24       damaged to the point where they prematurely

        25       experience dementia.



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         1                  And what we are effectively doing

         2       here, what is attempting to be done with this,

         3       is to give sanction to one of the most violent

         4       of activities, something that would probably

         5       be most closely related to in fact the

         6       gladiator analogy in the Roman Forum thousands

         7       of years ago.

         8                  This is nothing that we should

         9       condone.  This should be uniformly condemned.

        10       And if the basis for our embracing this is the

        11       fact that it provides a source of revenue,

        12       then shame on us, how low could we possibly

        13       stoop?

        14                  I vote in the negative.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Saland to be recorded in the negative.

        17                  Senator Alesi, to explain his vote.

        18                  SENATOR ALESI:    Thank you, Madam

        19       President and my colleagues.

        20                  I think I've given my reasons for

        21       opposing this bill.  Primarily because I

        22       believe that the more exposure our society

        23       gets to this, the more desensitized our

        24       people, especially our young people, will

        25       become to this kind of brutality.  And you'll



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         1       see more and more of it in our streets and our

         2       schools and our neighborhoods.

         3                  But I'd like to point out one thing

         4       to my colleagues here.  If you look at this

         5       bill, this bill doesn't just authorize

         6       ultimate fighting.  It actually takes out a

         7       significant part of Section 5 of the existing

         8       law that sanctions professional wrestling,

         9       professional boxing, et cetera, et cetera.

        10                  This bill carves out a specific

        11       piece of the existing law that says you cannot

        12       have ultimate fighting in New York State.  And

        13       under circumstances surrounding ultimate

        14       fighting, under the existing law, you could be

        15       fined up to $20,000 or more, you could receive

        16       a felony, you could receive a misdemeanor or

        17       any other number of things.

        18                  So somewhere, somehow, sometime,

        19       somebody recognized that even though we have

        20       professional wrestling, which is theater,

        21       professional boxing, which is legitimate to

        22       some extent, we don't have, today, ultimate

        23       fighting in the law.  It's illegal.

        24                  So this bill isn't just saying we

        25       can have it now, it's saying we're taking out



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         1       what exists in the law today.  Felonies,

         2       misdemeanors, fines up to $20,000 or more if

         3       you engage in this.  Somebody had it right

         4       sometime.

         5                  And you know the most interesting

         6       thing about this?  And I don't want to get too

         7       soft on this whole thing, but you know the

         8       only place that you specifically can't have

         9       ultimate fighting in a hall or some other

        10       venue in New York State?  You can't have it in

        11       a place that's used specifically for religious

        12       services.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Alesi, how do you vote?

        15                  SENATOR ALESI:    For religious

        16       services.  Somebody must have their -- I vote

        17       no.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Alesi to be recorded in the negative.

        20                  Senator Stavisky, to explain her

        21       vote.

        22                  SENATOR STAVISKY:    Thank you,

        23       Madam President.

        24                  I've listened to the debate, and I

        25       must tell you I'm not a big fan of these



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         1       type -- I don't think sports, necessarily.

         2       But we watch revenue opportunities slip away.

         3       We're constantly being reminded that we have a

         4       $9.2 billion deficit.  People are watching

         5       these activities, but they're watching it in

         6       other states.

         7                  And I think it's time that we took

         8       advantage of the revenues that will be

         9       produced in New York State in something that

        10       will be recognized and supervised by the State

        11       Athletic Commission.

        12                  When I used to see the news at

        13       night and you watch some of the clips from the

        14       hockey games and you see the referee standing

        15       there on the ice, watching one player go after

        16       another with a stick, and they hit and they do

        17       all kinds of things, is this different?

        18                  This I think will be better

        19       regulated, better supervised, and certainly

        20       bring in some revenue that we desperately need

        21       in New York.  I vote aye.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Stavisky to be recorded in the

        24       affirmative.

        25                  Senator DeFrancisco, to explain his



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         1       vote.

         2                  SENATOR DeFRANCISCO:    Yes, I'm

         3       going to vote aye on this bill.

         4                  And I wasn't expecting to speak,

         5       but I couldn't help but have to stand up and

         6       comment on what Senator Savino said about this

         7       is exactly like the gladiators in ancient Rome

         8       and we won't have to have food for the

         9       animals.  I mean, talk about rhetoric.  I

        10       mean, that's absolutely ridiculous.

        11                  These are consenting adults.  In

        12       some cases, people -- not only for the

        13       viewership that may enjoy this sort of

        14       thing -- I don't particularly care for it, but

        15       I don't care for "Real Housewives of New York"

        16       either.

        17                  (Laughter.)

        18                  SENATOR DeFRANCISCO:    And that

        19       doesn't provide too many stimulation for our

        20       young people either.

        21                  But it seems to me in some

        22       instances this may be the only way to be

        23       successful for some people who have to be

        24       physically capable of doing these type of

        25       things.



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         1                  In fact, if we wanted to really

         2       carry this to a very beneficial extreme, maybe

         3       we could settle the budget crisis by Carl

         4       Kruger and I getting into the ring rather than

         5       going through what we do every week.

         6                  (Laughter.)

         7                  SENATOR DeFRANCISCO:    Secondly,

         8       I -- and it's going to be regulated.  And one

         9       of our most recent boxing commissioners, a

        10       female, I can't remember her name, explained

        11       why she was in favor of it, because she

        12       thought it would be regulated.

        13                  Lastly, the microstamping argument

        14       is so ridiculous I'm not even going to reply

        15       to that.

        16                  I vote aye.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator DeFrancisco to be recorded in the

        19       affirmative.

        20                  Senator Padavan, to explain his

        21       vote.

        22                  SENATOR PADAVAN:    Senator

        23       DeFrancisco, many of the gladiators were

        24       consenting adults, just as a matter of fact.

        25                  I too want to comment relevant to



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         1       the remarks in explaining his vote by Senator

         2       Johnson.  I voted for the microstamping

         3       bill -- he's gone, he's not here -- and I'm

         4       voting against this bill.  I don't see the

         5       correlation.

         6                  On top of that, many of my

         7       colleagues, irrespective of how they're voting

         8       on this bill, including those who are voting

         9       against it, have been advocating criminal

        10       justice measures in this state for a long

        11       time, only to be thwarted by inaction on that

        12       side of the aisle.  So to start relating this

        13       issue to our records as it relates to dealing

        14       with criminals in this state makes no sense

        15       whatsoever.

        16                  And if you want to go another step

        17       further, the sponsor of the microstamping bill

        18       was the one who gave us the ceiling where we

        19       now have dozens of criminals whose background

        20       checks you cannot get and where a drug pusher

        21       could end up teaching in a school because that

        22       education institution will not be able to get

        23       a background check.  You remember that whole

        24       scenario.

        25                  And he promised -- he's not here



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         1       either, right now.  Oh, yes, he's over

         2       there -- that he was going to amend the bill

         3       to take care of that problem, and he never

         4       did.

         5                  So let's not be casting the

         6       brickbats in directions that they don't

         7       belong.

         8                  The fact remains this is a barbaric

         9       practice, it is something that teaches our

        10       children the wrong idea about sportsmanship.

        11       Yes, many of our sports have potentials for

        12       harm.  But on the football field, they wear

        13       helmets and shoulder guards and all sorts of

        14       things.  Similarly in the hockey rink, in a

        15       variety of ways.

        16                  And as far as professional

        17       wrestling, the kids I know know it's fake.

        18       They all know it's fake.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Padavan -- Senator Padavan, how do you

        21       vote?

        22                  SENATOR PADAVAN:    I vote no.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Padavan to be recorded in the

        25       negative.



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         1                  Senator Adams, to explain his vote.

         2                  SENATOR ADAMS:    Thank you,

         3       Mr. President -- Mrs. President.

         4                  I was sort of confused today; when

         5       they said "ultimate fighting," I thought they

         6       were talking about our chamber when I first

         7       heard it, to be honest with you.

         8                  But let me say this.  I think

         9       Senator Padavan hit it on the head.  Football,

        10       hockey, wrestling, all of those sports have a

        11       level of control because they are regulated.

        12       When you permit regulations, then you can make

        13       sure that people are operating within the span

        14       of control to limit the level of injuries that

        15       takes place.

        16                  So to vote nay when the ultimate

        17       fighting is taking place, you're moving it out

        18       of the span of regulating, allowing the

        19       commissioner to ensure that it falls within

        20       the scope to protect the fighters, and make

        21       sure that the fighters reach a certain level

        22       of testing, a certain level of

        23       professionalism, and a certain level of

        24       behavior.

        25                  So the arguments that are raised of



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         1       why we shouldn't do it is actually the

         2       arguments of why we need to do it.  We need to

         3       regulate sports and make sure that sports are

         4       actually performed in a proper manner to make

         5       sure that from our young people all the way up

         6       to the adults and the professional level is

         7       done with a level of regulation.  And that's

         8       what our excellent society and system that's

         9       in place to regulate the activity of athletes

        10       in sports.

        11                  I vote aye on this bill, and I look

        12       forward to having this here in the State of

        13       New York.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Adams to be recorded in the

        16       affirmative.

        17                  Are there any other Senators

        18       wishing to explain his or her vote?

        19                  Announce the results.

        20                  (Pause.)

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator DeFrancisco.

        23                  SENATOR DeFRANCISCO:    Point of

        24       order.

        25                  I don't know if it's me or not, but



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         1       it seems that after Tom Testo reached that

         2       golden age, he seems to be counting a lot

         3       slower lately.

         4                  (Laughter.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator DeFrancisco, that's not a point of --

         7                  SENATOR DeFRANCISCO:    Is there a

         8       time frame in which you can count votes?  Is

         9       there a limit?

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       No, Senator.  We are striving for accuracy.

        12                  SENATOR DeFRANCISCO:    I thought

        13       it might be for results.

        14                  (Pause.)

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Announce the results.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 971, to be recorded in the

        19       negative:  Senators Alesi, Bonacic, Breslin,

        20       Diaz, Flanagan, Foley, Fuschillo, Hannon,

        21       Huntley, O. Johnson, L. Krueger, Lanza,

        22       Larkin, LaValle, Leibell, Marcellino, Maziarz,

        23       Montgomery, Oppenheimer, Padavan, Ranzenhofer,

        24       Saland, Savino, Skelos, Stewart-Cousins and

        25       Volker.



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         1                  Ayes, 32.  Nays, 26.

         2                  Absent from voting pursuant to Rule

         3       9:  Senators Farley, Nozzolio, and Young.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  The Secretary will continue to

         7       read.

         8                  THE SECRETARY:    Calendar Number

         9       983, by Senator Schneiderman, Senate Print

        10       7280A --

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       May we have order in the chamber, please.

        13                  THE SECRETARY:    Calendar Number

        14       983, by Senator Schneiderman, Senate Print

        15       7280A --

        16                  SENATOR KLEIN:    Lay the bill

        17       aside for the day, please.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is laid aside for the day.

        20                  Senator Klein, that completes the

        21       reading of the controversial supplemental

        22       calendar.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Madam President,

        25       can you please recognize Senator Libous for an



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         1       announcement.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Libous.

         4                  SENATOR LIBOUS:    Thank you, Madam

         5       President.

         6                  There will be an immediate,

         7       immediate, immediate, immediate Republican

         8       conference in our conference room.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator.

        11                  There will be an immediate,

        12       immediate, immediate Republican conference in

        13       the Republican Conference Room.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Madam President,

        16       pending the return of the minority conference,

        17       can we please stand at ease for 15 minutes.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The Senate will stand at ease for 15 minutes,

        20       pending the return of the Republican

        21       conference.

        22                  (Whereupon, the Senate stood at

        23       ease at 3:02 p.m.)

        24                  (Whereupon, the Senate reconvened

        25       at 3:31 p.m.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Returning to the order of messages from the

         3       Assembly, the chair hands down the following

         4       message.

         5                  THE SECRETARY:    The Assembly sent

         6       for concurrence the following bill.

         7                  On motion of Mr. Smith, and by

         8       unanimous consent, the rules were suspended

         9       and said bill ordered to a third reading:

        10       Assembly Bill Number 11438.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       So ordered.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Madam President,

        15       is there a message of necessity at the desk?

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       There is a message of necessity at the desk.

        18                  The Secretary will read the title

        19       of the bill.

        20                  THE SECRETARY:    Calendar Number

        21       1034, by the Assembly Committee on Rules,

        22       Assembly Print Number 11438, an act to amend

        23       the Arts and Cultural Affairs Law.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Klein.



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         1                  SENATOR KLEIN:    Madam President,

         2       is there a message of necessity at the desk?

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       There is a message of necessity at the desk.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       I move to accept the message at this time.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The question is on the acceptance of the

        10       message of necessity.  All those in favor

        11       please signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Opposed, nay.

        15                  (Response of "Nay.")

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The message is accepted.

        18                  The Assembly bill is before the

        19       house, noncontroversial.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect --

        23                  SENATOR LIBOUS:    Lay it aside.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The bill is laid aside.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Madam President,

         3       can we please go to a controversial reading of

         4       this bill.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The Secretary will place the Assembly bill

         7       before the house, controversial.

         8                  Read the last section.

         9                  SENATOR STAVISKY:    Madam

        10       President.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Stavisky, on the bill.

        13                  SENATOR STAVISKY:    What bill is

        14       it?  Do we have the bill before us on our

        15       desks?

        16                  SENATOR LIBOUS:    Madam President.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Libous.

        19                  SENATOR LIBOUS:    Somewhat in line

        20       with Senator Stavisky, is there a calendar

        21       number for this?  And what calendar is it on,

        22       please?

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Libous, because this was directly

        25       handed down, there is no calendar number.  But



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         1       we will be getting the bills on the desks

         2       momentarily.

         3                  SENATOR LIBOUS:    Thank you, Madam

         4       President.

         5                  (Pause.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bills are on the desks.

         8                  I would ask the Secretary to

         9       proceed with the reading of the controversial

        10       calendar.

        11                  THE SECRETARY:    Calendar Number

        12       1034, by the Assembly Committee on Rules,

        13       Assembly Print Number 11438, an act to amend

        14       the Arts and Cultural Affairs Law.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The debate is closed.  The Secretary will

        21       please ring the bell.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Flanagan, to explain his vote.

         5                  SENATOR FLANAGAN:    Thank you,

         6       Madam President.

         7                  I think this bill that we have

         8       before us right now is another great example

         9       of why things are so screwed up in Albany.

        10       We're now getting a bill, literally at the

        11       last minute -- all of a sudden we have to do

        12       this, it's got to get done right now, and

        13       nobody seems to be able to say why.

        14                  Here we're advancing money to SUNY

        15       Albany to the tune of about $243,000 because

        16       of problems associated with the Theater

        17       Institute.

        18                  I am not comfortable voting for

        19       this, for two basic reasons.  Number one, it's

        20       part of an incremental, piecemeal, snail's

        21       pace approach to doing the budget.  All of a

        22       sudden now the Theater Institute becomes the

        23       issue of the day, we have to drop everything

        24       else and deal with this now.  No disrespect to

        25       SUNY Albany, but somehow I don't think they're



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         1       going to go out of business if this bill is

         2       not passed by 4 o'clock today.

         3                  On top of that, if you look at what

         4       happened at the Theater Institute, I don't

         5       feel that that has been resolved.  We have a

         6       director who's resigned, there's new people

         7       put in, now the board is going to be juggled

         8       around.  We don't even know if there's been

         9       any effort to get any of the money back from

        10       the woman who stole it and pilfered it, giving

        11       contracts to her family, buying rights to

        12       products that frankly she shouldn't have a

        13       right to -- criminal behavior.  And here we

        14       are just throwing money at a problem that

        15       doesn't appear to be fixed.

        16                  It's the wrong way to go.  We

        17       shouldn't be doing this in an incremental

        18       fashion.  I'm going to vote no.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Flanagan to be recorded in the

        21       negative.

        22                  I would ask all those voting in the

        23       negative to please keep your hands raised.

        24                  Announce the results.

        25                  THE SECRETARY:    Those recorded in



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         1       the negative on Calendar Number 1034 are

         2       Senators Alesi, Bonacic, DeFrancisco,

         3       Flanagan, Fuschillo, Golden, Griffo, Hannon,

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

         5       Libous, Little, Marcellino, Maziarz, McDonald,

         6       Nozzolio, Padavan, Ranzenhofer, Robach,

         7       Saland, Seward, Skelos, Volker and Winner.

         8                  Absent from voting pursuant to

         9       Rule 9:  Senators Farley and Young.

        10                  Ayes, 32.  Nays, 27.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Madam President,

        15       can we please briefly go back to motions and

        16       resolutions.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Returning to motions and resolutions.

        19                  SENATOR KLEIN:    On behalf of

        20       Senator Squadron, on page 21 I offer the

        21       following amendments to Calendar Number 532,

        22       Senate Print Number 4313C, and ask that said

        23       bill retain its place on Third Reading

        24       Calendar.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       So ordered.

         2                  SENATOR KLEIN:    On behalf of

         3       Senator Schneiderman, I wish to call up Print

         4       Number 4394A, recalled from the Assembly,

         5       which is now at the desk.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The Secretary will read the title.

         8                  THE SECRETARY:    Calendar Number

         9       415, by Senator Schneiderman, Senate Print

        10       4394A, an act to amend the Penal Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Klein.

        13                  SENATOR KLEIN:    Madam President,

        14       I now move to reconsider the vote by which

        15       this bill was passed.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The Secretary will call the roll on

        18       reconsideration.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Klein.

        23                  SENATOR KLEIN:    Madam President,

        24       I now offer the following amendments.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The amendments are received.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Madam President,

         4       on behalf of Senator Dilan, on page 49 I offer

         5       the following amendments to Calendar Number

         6       964, Senate Print Number 4478A, and ask that

         7       said bill retain its place on Third Reading

         8       Calendar.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       So ordered.

        11                  SENATOR KLEIN:    On behalf of

        12       Senator Oppenheimer, on page 41 I offer the

        13       following amendments to Calendar Number 871,

        14       Senate Print Number 7820, and ask that said

        15       bill retain its place on Third Reading

        16       Calendar.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       So ordered.

        19                  SENATOR KLEIN:    Madam President,

        20       can you please recognize Senator Libous.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Libous.

        23                  SENATOR LIBOUS:    Madam President,

        24       on behalf of Senator Leibell, I call up his

        25       bill, Print Number 7620, recalled from the



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         1       Assembly, which is now at the desk.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       881, by Senator Leibell, Senate Print 7620, an

         6       act to authorize.

         7                  SENATOR LIBOUS:    Madam President,

         8       I now move to reconsider the vote by which

         9       this bill was passed.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The Secretary will call the roll on

        12       reconsideration.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  SENATOR LIBOUS:    Madam President,

        16       I now offer up the following amendments.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Amendments received.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Madam President,

        21       on behalf of Senator Stachowski, I move that

        22       the following bills be discharged from their

        23       respective committees and be recommitted with

        24       instructions to strike the enacting clause:

        25       Senate Numbers 1942, 1955, and 1963.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       So ordered.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Madam President,

         5       can we please stand at ease pending the

         6       Minority conference.

         7                  And I want to remind my colleagues,

         8       please try to stay close to the chamber

         9       because we want to finish the business as

        10       quickly as possible.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Libous.

        13                  SENATOR LIBOUS:    Thank you, Madam

        14       President.  There will be an immediate

        15       Republican conference.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       There will be an immediate Republican

        18       conference.

        19                  The Senate will stand at ease

        20       pending the return of the Republican

        21       conference.  Please stay close.

        22                  (Whereupon, the Senate stood at

        23       ease at 3:51 p.m.)

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Klein.



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         1                  SENATOR KLEIN:    Madam President,

         2       there will be an immediate meeting of the

         3       Rules Committee in the Majority Conference

         4       Room.

         5                  Pending the return of the Rules

         6       Committee, can we please stand at ease.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Immediate meeting of the Rules Committee in

         9       the Majority Conference Room.

        10                  Pending the return of the Rules

        11       Committee, the Senate will continue to stand

        12       at ease.

        13                  (Whereupon, the Senate reconvened

        14       at 6:27 p.m.)

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Klein.

        17                  SENATOR KLEIN:    Madam President,

        18       I believe there's a report of the Rules

        19       Committee at the desk.  I move that we adopt

        20       the report at this time.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       There is a report of the Rules Committee at

        23       the desk.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Senator Smith,



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         1       from the Committee on Rules, reports the

         2       following bills:

         3                  Senate Print 4538A, by Senator

         4       LaValle, an act to amend the Education Law;

         5                  2344, by Senator Savino, an act to

         6       amend the Civil Service Law;

         7                  2956A, by Senator Adams, an act to

         8       amend the Labor Law;

         9                  3258A, by Senator Duane, an act to

        10       amend the Public Health Law;

        11                  3510A, by Senator Savino, an act to

        12       amend the Education Law;

        13                  3718A, by Senator Savino, an act to

        14       amend the Retirement and Social Security Law;

        15                  4323A, by Senator Foley, an act to

        16       amend the Social Services Law;

        17                  4349, by Senator C. Kruger, an act

        18       to amend the Social Services Law;

        19                  4526, by Senator L. Krueger, an act

        20       to amend the Legislative Law;

        21                  4562, by Senator Savino, an act to

        22       amend the Civil Service Law;

        23                  4691A, by Senator C. Kruger, an act

        24       to amend the Social Services Law;

        25                  4948, by Senator Thompson, an act



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         1       to amend the Environmental Conservation Law;

         2                  4958, by Senator Thompson, an act

         3       to amend the Environmental Conservation Law;

         4                  5014, by Senator Stachowski, an act

         5       to amend the Labor Law;

         6                  5202, by Senator Savino, an act to

         7       amend the Labor Law;

         8                  5634, by Senator Savino, an act to

         9       amend the Public Authorities Law;

        10                  5689, by Senator Thompson, an act

        11       to amend the Environmental Conservation Law;

        12                  6283, by Senator Klein, an act to

        13       amend the General Business Law;

        14                  6433, by Senator Schneiderman, an

        15       act to amend the State Finance Law;

        16                  6680, by Senator L. Krueger, an act

        17       to amend the Social Services Law;

        18                  6785, by Senator Savino, an act to

        19       amend the Civil Service Law;

        20                  7078, by Senator Savino, an act to

        21       amend the Retirement and Social Security Law;

        22                  7236, by Senator Parker, an act in

        23       relation to creating;

        24                  7263, by Senator Foley, an act to

        25       amend the Public Service Law;



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         1                  7451, by Senator Savino, an act to

         2       amend the Labor Law;

         3                  7551, by Senator Oppenheimer, an

         4       act to amend the Tax Law;

         5                  7658A, by Senator Adams, an act to

         6       amend the General Business Law;

         7                  7701, by Senator Foley, an act in

         8       relation to a report;

         9                  7786, by Senator Adams, an act to

        10       amend the Criminal Procedure Law;

        11                  7829, by Senator Duane, an act to

        12       amend the Public Health Law;

        13                  7933, by Senator Foley, an act to

        14       amend the Town Law;

        15                  8011, by Senator Serrano, an act to

        16       amend the Parks, Recreation and Historic

        17       Preservation Law;

        18                  8095, by Senator Valesky, an act to

        19       repeal certain provisions;

        20                  And Senate Print 8148, by Senator

        21       Bonacic, an act to amend Chapter 196 of the

        22       Laws of 2008.

        23                  All bills ordered direct to third

        24       reading.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       All those in favor of adopting the Rules

         2       Committee report please signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Opposed, nay.

         6                  (No response.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The Rules Committee report is adopted.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Madam President,

        11       can we briefly return to motions and

        12       resolutions.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Returning to motions and resolutions.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Madam President,

        17       on page 4 of Senate Calendar Number 64B, I

        18       offer the following amendments to Calendar

        19       Number 1031, Senate Print Number 8011, and ask

        20       that said bill retain its place on Third

        21       Reading Calendar.  This is on behalf of

        22       Senator Serrano.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       So ordered.

        25                  SENATOR KLEIN:    On behalf of



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         1       Senator Montgomery, on page number 25 I offer

         2       the following amendments to Calendar Number

         3       617, Senate Print Number 6709B, and ask that

         4       said bill retain its place on Third Reading

         5       Calendar.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       So ordered.

         8                  SENATOR KLEIN:    On behalf of

         9       Senator Stewart-Cousins, on page number 47 I

        10       offer the following amendments to Calendar

        11       Number 929, Senate Print Number 7962A, and ask

        12       that said bill retain its place on Third

        13       Reading Calendar.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       So ordered.

        16                  SENATOR KLEIN:    On behalf of

        17       Senator Stavisky, on page number 1 of Calendar

        18       Number 64A I offer the following amendments to

        19       Calendar Number 979, Senate Print Number 5680,

        20       and ask that said bill retain its place on

        21       Third Reading Calendar.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       So ordered.

        24                  SENATOR KLEIN:    On behalf of

        25       Senator Stachowski, I move that the following



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         1       bills be discharged from their respective

         2       committees and be recommitted with

         3       instructions to strike the enacting clause:

         4       Senate Numbers 1942, 1955, and 1963.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       So ordered.

         7                  SENATOR KLEIN:    Madam President,

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

         9       Supplemental Calendar 64B.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The Secretary will proceed with the reading of

        12       Supplemental Calendar Number 64B.

        13                  THE SECRETARY:    Calendar Number

        14       988, by Senator LaValle, Senate Print 4538A,

        15       an act to amend the Education Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The bill is high.  We'll lay it aside for the

        18       day.

        19                  THE SECRETARY:    Calendar Number

        20       990, by Senator Savino, Senate Print 2344, an

        21       act to amend the Civil Service Law.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       992, by Senator Adams, Senate Print 2956A, an

        11       act to amend the Labor Law.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Read the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is passed.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 994, Senator Duane moves to



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         1       discharge, from the Committee on Health,

         2       Assembly Bill Number 7662A and substitute it

         3       for the identical Senate Bill Number 3258A,

         4       Third Reading Calendar 994.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       994, by Member of the Assembly Ortiz, Assembly

         9       Print Number 7662A, an act to amend the Public

        10       Health Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       995, by Senator Savino, Senate Print 3510A, an

        25       act to amend the Education Law.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 61.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       996, by Senator Savino, Senate Print 3718A, an

        15       act to amend the Retirement and Social

        16       Security Law.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Read the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Hannon, to explain his vote.



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         1                  SENATOR HANNON:    Thank you,

         2       Madam President.

         3                  While this bill certainly has

         4       laudable goals, I find I must not go along

         5       with it in this day and age.  Page 3 of the

         6       bill, the actuarial assumptions from the

         7       actuary, says this will have annual employer

         8       costs to the New York Employment Retirement

         9       System by approximately $90,000 per year.  So

        10       I'm going to vote against it.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Hannon to be recorded in the negative.

        13                  Are there any other Senators

        14       wishing to explain his or her vote?

        15                  Announce the results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 996 are

        18       Senators Griffo, Hannon, Larkin, LaValle,

        19       Ranzenhofer and Winner.  Also Senator Little.

        20       Also Senator Nozzolio.  Also Senator Golden.

        21       Also Senator Bonacic.  Also Senator Maziarz.

        22       Also Senator Leibell.  Also Senator Saland.

        23       Also Senator Skelos.  Also Senator Young.

        24       Also Senators Flanagan and Fuschillo.  Also

        25       Senators Libous and Marcellino.  Also Senator



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         1       McDonald.  Also Senator O. Johnson.

         2                  In relation to Calendar Number 996:

         3       Ayes, 40.  Nays, 21.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       999, by Senator Foley, Senate Print 4323A, an

         8       act to amend the Social Services Law.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the 180th day.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 59.  Nays,

        17       2.  Senators Ranzenhofer and Squadron recorded

        18       in the negative.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1000, by Senator C. Kruger, Senate Print 4349,

        23       an act to amend the Social Services Law.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the 120th day.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1001, by Senator L. --

        13                  SENATOR KLEIN:    Lay the bill

        14       aside for the day, please.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The bill is laid aside for the day.

        17                  THE SECRETARY:    Calendar Number

        18       1002, by Senator Savino, Senate Print 4562, an

        19       act to amend the Civil Service Law.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  SENATOR SALAND:    Madam President,

         5       can you tell me what bill was just laid aside

         6       for the day, what bill we're on, please?

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill that was laid aside for the day,

         9       Senator Saland, was 1001, and we are currently

        10       on 1002.

        11                  SENATOR SALAND:    Thank you very

        12       much, Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Announce the results.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 1002:  Ayes, 60.  Nays, 1.

        17       Senator Ranzenhofer recorded in the negative.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is passed.

        20                  Senator Saland.

        21                  SENATOR SALAND:    Madam President,

        22       may I have unanimous consent to be recorded in

        23       the negative on Calendar Number 1002.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Saland to be recorded in the negative



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         1       on Calendar Number 1002.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       1003, by Senator C. Kruger, Senate Print

         5       4691A, an act to amend the Social Services

         6       Law.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the first of April.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Announce the results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 1003 are

        18       Senators Flanagan, Golden, O. Johnson, Lanza,

        19       Larkin, Marcellino, Ranzenhofer and Winner.

        20                  Ayes, 53.  Nays, 8.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Flanagan.

        23                  SENATOR FLANAGAN:    Madam

        24       President, I respectfully ask for unanimous

        25       consent to be recorded in the negative on



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         1       Calendar Number 1002, please.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Unanimous consent granted.  You will be

         4       recorded in the negative on Calendar Number

         5       1002.

         6                  SENATOR FLANAGAN:    Thank you.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Hannon.

         9                  SENATOR HANNON:    I'm voting no on

        10       1003.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 52.  Nays,

        14       9.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1004, by Senator Thompson, Senate Print 4948,

        19       an act to amend the Environmental Conservation

        20       Law.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the 120th day.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 61.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 1005, Senator Thompson moves

        10       to discharge, from the Committee on

        11       Environmental Conservation, Assembly Bill

        12       Number 3421 and substitute it for the

        13       identical Senate Bill Number 4958, Third

        14       Reading Calendar 1005.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       1005, by Member of the Assembly Sweeney,

        19       Assembly Print Number 3421, an act to amend

        20       the Environmental Conservation Law.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Announce the results.

         5                  THE SECRETARY:    Those recorded in

         6       the negative on Calendar Number 1005 are

         7       Senators DeFrancisco, Golden, O. Johnson,

         8       Little, Nozzolio, Ranzenhofer and Winner.

         9                  Ayes, 54.  Nays 7.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1006, by Senator Stachowski, Senate Print

        14       5014, an act to amend the Labor Law.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Announce the results.

        24                  THE SECRETARY:    Ayes, 60.  Nays,

        25       1.  Senator Ranzenhofer recorded in the



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         1       negative.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1007, Senator Savino moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 9774 and substitute it

         8       for the identical Senate Bill Number 5202,

         9       Third Reading Calendar 1007.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       1007, by Member of the Assembly Gibson,

        14       Assembly Print Number 9774, an act to amend

        15       the Labor Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 120th day.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Announce the results.

        25                  Senator DeFrancisco, why do you



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         1       rise?

         2                  SENATOR DeFRANCISCO:    Yes, I'd

         3       just like to explain my vote.

         4                  I voted no not because I'm against

         5       homemakers or not because I'm against

         6       displaced homemakers.  But if you're waiving

         7       the fee for one class of individuals, I think

         8       it means others have to either pay more or

         9       there may be other classes that are equally

        10       deserving of a waiver of the fees.

        11                  For that reason is why I'm voting

        12       no.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator DeFrancisco to be recorded in the

        15       negative.

        16                  The Secretary will announce the

        17       results.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 1007:  Ayes, 60.  Nays, 1.

        20       Senator DeFrancisco recorded in the negative.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1008, by Senator Savino --

        25                  SENATOR KLEIN:    Lay the bill



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         1       aside for the day, please.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is laid aside for the day.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1009, Senator Thompson moves

         6       to discharge, from the Committee on

         7       Environmental Conservation, Assembly Bill

         8       Number 3419 and substitute it for the

         9       identical Senate Bill Number 5689, Third

        10       Reading Calendar 1009.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Substitution ordered.

        13                  THE SECRETARY:    Calendar Number

        14       1009, by Member of the Assembly Sweeney,

        15       Assembly Print Number 3419, an act to amend

        16       the Environmental Conservation Law.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Announce the results.



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         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 1009 are

         3       Senators DeFrancisco, O. Johnson, Lanza,

         4       Little, Ranzenhofer.  Also Senator Farley.

         5                  Ayes, 55.  Nays, 6.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 1012, Senator Klein moves to

        10       discharge, from the Committee on Consumer

        11       Protection, Assembly Bill Number 5180A and

        12       substitute it for the identical Senate Bill

        13       Number 6283, Third Reading Calendar 1012.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       1012, by Member of the Assembly Pheffer,

        18       Assembly Print Number 5180A, an act to amend

        19       the General Business Law.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Read the last section.

        22                  THE SECRETARY:    Section 4.  This

        23       act shall take effect on the 120th day.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 61.  Nays,

         5       0.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1014, by Senator Schneiderman, Senate Print

        10       6433, an act to amend the State Finance Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 4.  This

        14       act shall take effect on the 180th day.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 1014 are

        22       Senators Bonacic, DeFrancisco, Farley,

        23       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        24       O. Johnson, Lanza, Larkin, LaValle, Libous,

        25       Little, Marcellino, Maziarz, Nozzolio,



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         1       Ranzenhofer, Seward, Skelos, Volker, Winner

         2       and Young.  Also Senator Saland.

         3                  Ayes, 37.  Nays, 24.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1015, by Senator L. Krueger --

         8                  SENATOR KLEIN:    Lay the bill

         9       aside for the day, please.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is laid aside for the day.

        12                  THE SECRETARY:    Calendar Number

        13       1016, by Senator Savino, Senate Print 6785, an

        14       act to amend the Civil Service Law.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Announce the results.

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1019, by Senator Savino, Senate Print 7078, an

         4       act to amend the Retirement and Social

         5       Security Law.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Hannon, to explain his vote.

        15                  SENATOR HANNON:    Well, while I'd

        16       love to vote for this, I'm constrained because

        17       the fiscal note says for employee who does

        18       elect, there will be an annual cost to the

        19       State of New York of approximately 9.2 percent

        20       of salary for the fiscal year beginning

        21       March 31, 2011.

        22                  For those reasons, I'm constrained

        23       to vote no.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Senator Hannon to be recorded in the negative.



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         1                  Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 1019 are

         4       Senators Griffo, Hannon, Larkin, LaValle,

         5       Ranzenhofer and Winner.  Also Senator

         6       Marcellino.

         7                  Ayes, 54.  Nays, 7.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1020, by Senator Parker --

        12                  SENATOR KLEIN:    Lay the bill

        13       aside for the day, please.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is laid aside for the day.

        16                  THE SECRETARY:    Calendar Number

        17       1021, by Senator Foley, Senate Print 7263, an

        18       act to amend the Public Service Law.

        19                  SENATOR KLEIN:    Lay the bill

        20       aside for the day, please.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The bill is laid aside for the day.

        23                  THE SECRETARY:    Calendar Number

        24       1022, by Senator Savino, Senate Print 7451, an

        25       act to amend the Labor Law.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  SENATOR WINNER:    Lay it aside.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The bill is laid aside.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 1024, Senator Oppenheimer

        13       moves to discharge, from the Committee on

        14       Investigations and Government Operations,

        15       Assembly Bill Number 7253A and substitute it

        16       for the identical Senate Bill Number 7551,

        17       Third Reading Calendar 1024.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       1024, by Member of the Assembly Galef,

        22       Assembly Print Number 7253A, an act to amend

        23       the Tax Law and the State Finance Law.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Announce the results.

         8                  SENATOR RANZENHOFER:    Madam

         9       President --

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Ranzenhofer, why do you rise?

        12                  SENATOR RANZENHOFER:    The bill is

        13       not on the calendar here.  It's a different

        14       number.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator, the calendar number is 1024.

        17                  SENATOR MARCELLINO:    But the bill

        18       number.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill number is 7551.

        21                  SENATOR RANZENHOFER:    You read

        22       something else, though.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The bill was substituted.  It's the same

        25       number as Bill Number 1024.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Madam President,

         3       can you please remove the lay-aside on

         4       Calendar Number 1020, Senator Parker's bill,

         5       Print Number 7236.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The lay-aside is withdrawn.

         8                  The Secretary will call the roll on

         9       Calendar Number 1024.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is passed.

        16                  SENATOR LIBOUS:    Madam President,

        17       just a point of clarification.  Calendar

        18       Number 1022 was laid aside for the day?

        19                  SENATOR KLEIN:    No.  1021 was

        20       laid aside for the day.

        21                  SENATOR LIBOUS:    And 1022, did

        22       that pass?

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       No, it was laid aside.

        25                  SENATOR LIBOUS:    Thank you, Madam



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         1       President.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       We will return to Calendar Number 1020.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       1020, by Senator Parker, Senate Print 7236, an

         7       act in relation to creating the New York State

         8       Triangle Shirtwaist Factory Fire 100th

         9       Anniversary Commemoration.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Read the last section.

        12                  THE SECRETARY:    Section 7.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Maziarz, to explain his vote.

        19                  SENATOR MAZIARZ:    Thank you very

        20       much, Madam President.  Just to explain my

        21       vote.

        22                  First, I want to commend Senator

        23       Parker.  This was a very important tragic

        24       historic happening in New York State.

        25                  And I would recommend to Senator



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         1       Parker -- I haven't exactly read through the

         2       entire bill yet.  I don't know who makes the

         3       appointments.  But clearly a very good friend

         4       of all of ours in this room, both sides of the

         5       aisle, someone well respected by everyone, our

         6       former colleague Senator Serph Maltese, lost

         7       two aunts and his grandmother in this fire.

         8                  And clearly I think it would be a

         9       tribute to Senator Maltese, who every year in

        10       March, even after he left the Senate, still

        11       comes back here for the ceremony honoring

        12       those individuals who died in that tragic

        13       fire.  So I would certainly recommend that

        14       Senator Maltese be on this commission.

        15                  And again, I think this is great

        16       legislation and I vote in the affirmative.

        17       Thank you.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Maziarz to be recorded in the

        20       affirmative.

        21                  Senator Parker, to explain his

        22       vote.

        23                  SENATOR PARKER:    Thank you, Madam

        24       President.

        25                  As many of you know, this bill



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         1       creates a temporary commission to commemorate

         2       the 100th anniversary of the Triangle

         3       Shirtwaist Factory fire of 1911.  And of

         4       course this bill is to bring attention to that

         5       and create a temporary commission.

         6                  Some people may not know that the

         7       deaths of 146 immigrant women who were killed

         8       in that fire swept through the Triangle

         9       Shirtwaist Factory 99 years ago and marks the

        10       occasion on which New York changed forever.

        11       The Triangle Shirtwaist Factory fire was one

        12       of New York's most prolific industrial

        13       disasters.

        14                  And really what's most shocking

        15       about it was the discovery that the managers

        16       of the shirtwaist factory had ultimately

        17       condemned their valuable employees to a death

        18       sentence by locking the doors to the

        19       stairwells and exits in order to prevent them

        20       from taking cigarette breaks during their

        21       shifts.  This resulted in many employees being

        22       unable to escape.  And so of the 146 that

        23       perished, 62 persons jumped to their deaths as

        24       witnesses looked on and were unable to help.

        25                  Attitudes toward safety were as a



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         1       result dramatically altered, and from the

         2       ashes of this horrific event emerged the

         3       American Society of Safety Engineers.

         4                  This tragedy represents the need to

         5       acknowledge the past in order to effectively

         6       deal with the challenges of our future.  I'm

         7       hopeful everybody will vote for it.  I vote

         8       aye.

         9                  And I'm taking Senator Maziarz's

        10       suggestion and I'm going to also suggest to

        11       our leader in fact that Senator Serph Maltese

        12       be the Senate nominee to this commission.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Are there any other Senators wishing to

        15       explain his or her vote?

        16                  Hearing none, announce the results.

        17                  THE SECRETARY:    Ayes, 61.  Nays,

        18       0.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is passed.

        21                  Now we will return to Calendar

        22       Number 1026.  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1026, by Senator Adams, Senate Print 7658A, an

        25       act to amend the General Business Law.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Read the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect on the 90th day.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Hannon, to explain his vote.

        10                  SENATOR HANNON:    Madam President,

        11       this bill, which appears just to deal with

        12       stolen and misappropriated computer programs,

        13       actually I think represents an overreach by

        14       the computer industry.  Because in the

        15       definitions of what is not allowed to be done,

        16       it says if someone uses a product that does

        17       not have the necessary license ingredients,

        18       that that's deemed to be the misappropriated

        19       software.

        20                  It goes on to have a series of

        21       penalties that pyramid.  And I believe this

        22       is, instead of being something where we're

        23       dealing with crime, we're dealing with

        24       intellectual property.  I don't think this is

        25       appropriate to portray it this way.  I think



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         1       this is just giving a leg up to people in the

         2       industry who ought to be able to go into court

         3       and sue without a statute like this, sue for

         4       actual damages, proof we have a civil service

         5       that works.

         6                  I don't think we need to put this

         7       in the criminal law.  And for those reasons I

         8       am voting against it.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Hannon to be recorded in the negative.

        11                  Are there any other Senators

        12       wishing to explain his or her vote?

        13                  Announce the results.

        14                  THE SECRETARY:    Those recorded in

        15       the negative on Calendar Number 1026 are

        16       Senators DeFrancisco, Flanagan, Hannon,

        17       O. Johnson, Larkin, LaValle, Little,

        18       Marcellino, Padavan, Ranzenhofer and Winner.

        19                  Ayes, 50.  Nays, 11.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 1027, Senator Foley moves to

        24       discharge, from the Committee on

        25       Transportation, Assembly Bill Number 7153A and



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         1       substitute it for the identical Senate Bill

         2       Number 7701, Third Reading Calendar 1027.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Substitution ordered.

         5                  THE SECRETARY:    Calendar Number

         6       1027, by Member of the Assembly Alessi,

         7       Assembly Print Number 7153A, an act in

         8       relation to a report.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 61.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1028, by Senator Adams, Senate Print 7786, an

        23       act to amend the Criminal Procedure Law.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the first of

         3       December.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1029, by Senator Duane, Senate Print 7829, an

        14       act to amend the Public Health Law.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Announce the results.

        24                  THE SECRETARY:    Ayes, 59.  Nays,

        25       2.  Senators DeFrancisco and Winner recorded



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         1       in the negative.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1030, Senator Foley moves to

         6       discharge, from the Committee on Local

         7       Government, Assembly Bill Number 9181 and

         8       substitute it for the identical Senate Bill

         9       Number 7933, Third Reading Calendar 1030.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       1030, by Member of the Assembly Fields,

        14       Assembly Print Number 9181, an act to amend

        15       the Town Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Announce the results.

        25                  THE SECRETARY:    Ayes, 61.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1032, by Senator Valesky --

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       1033, by Senator Bonacic, Senate Print 8148,

        11       an act to amend Chapter 196 of the Laws of

        12       2008 relating to authorizing.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The bill is high.  Lay the bill aside for the

        15       day.

        16                  We are returning to Calendar Number

        17       1032.  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1032, by Senator Valesky, Senate Print 8095,

        20       an act to repeal certain provisions.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       There is a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect on the 60th day.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  Senator Klein, that completes the

        10       noncontroversial reading of the supplemental

        11       calendar.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Madam President,

        14       at this time can we please go to a reading of

        15       the controversial Supplemental Calendar 64B.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1022, by Senator Savino, Senate Print --

        20                  SENATOR KLEIN:    Lay the bill

        21       aside for the day, please.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is laid aside for the day.

        24                  Senator Klein, that completes the

        25       controversial reading of the calendar.



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         1                  SENATOR KLEIN:    Madam President,

         2       is there any further business at the desk?

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Klein, the desk is clear.

         5                  SENATOR KLEIN:    Madam President,

         6       there being no further business, I move that

         7       we adjourn until --

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Excuse me, Senator Klein.  There appears to be

        10       a motion.

        11                  SENATOR KLEIN:    Okay.  Could you

        12       call on Senator Libous.  He has a motion.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Libous.

        15                  SENATOR LIBOUS:    Madam President,

        16       before all of my members leave, before I do

        17       this motion, there will be a 9:30 Republican

        18       conference in the morning.

        19                  And, Madam President -- oh, on

        20       behalf of Senator Libous, I wish to call up my

        21       bill, Print Number 7700A, recalled from the

        22       Assembly, which is now at the desk.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       653, by Senator Libous, Senate Print 7700A, an

         2       act to amend the Highway Law.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Libous.

         5                  SENATOR LIBOUS:    Madam President,

         6       I now move to reconsider the vote by which my

         7       bill was passed.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The Secretary will call the roll on

        10       reconsideration.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 61.

        13                  SENATOR LIBOUS:    I offer up the

        14       following amendments, Madam President.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Amendments received.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Once again, Madam

        19       President, I move that we adjourn until

        20       Thursday, June 17th, at 10:00 a.m.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       There being no further business to come before

        23       the Senate, on motion, the Senate stands

        24       adjourned until Thursday, June 17th, at

        25       10:00 a.m.



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         1                  (Whereupon, at 7:06 p.m., the

         2       Senate adjourned.)

         3

         4

         5

         6

         7

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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