Regular Session - June 25, 2010

                                                            6785



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 25, 2010

        11                      10:58 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR CRAIG M. JOHNSON, 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 CRAIG JOHNSON:

         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 CRAIG JOHNSON:

        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 CRAIG JOHNSON:

        15       The reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Thursday, June 24, 2010, the Senate met

        19       pursuant to adjournment.  The Journal of

        20       Wednesday, June 23, 2010, was read and

        21       approved.  On motion, Senate adjourned.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, I

        10       believe there are substitutions at the desk.

        11       I ask that we make the substitutions at this

        12       time.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The Secretary will read.

        15                  THE SECRETARY:    Page number 12,

        16       Senator Stachowski moves to discharge, from

        17       the Committee on Rules, Assembly Bill Number

        18       9939A, and substitute it for the identical

        19       Senate Bill Number 6277A, Third Reading

        20       Calendar 306.

        21                  Page 13, Senator Savino moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 5110 and substitute it

        24       for the identical Senate Bill Number 4226,

        25       Third Reading Calendar 343.



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         1                  Page number 28, Senator Leibell

         2       moves to discharge, from the Committee on

         3       Rules, Assembly Bill Number 10629A and

         4       substitute it for the identical Senate Bill

         5       Number 7620A, Third Reading Calendar 881.

         6                  And page number 30, Senator Volker

         7       moves to discharge, from the Committee on

         8       Rules, Assembly Bill Number 11179A and

         9       substitute it for the identical Senate Bill

        10       Number 7903A, Third Reading Calendar 926.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Substitutions ordered.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Mr. President,

        15       there will be an immediate meeting of the

        16       Rules Committee in the Majority Conference

        17       Room.

        18                  Pending the return of the Rules

        19       Committee, may we please stand at ease.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       There will be an immediate meeting of the

        22       Rules Committee in Room 332.

        23                  Pending the return of the Rules

        24       Committee, the Senate will stand at ease.

        25                  (Whereupon, the Senate stood at



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         1       ease at 11:02 a.m.)

         2                  (Whereupon, the Senate reconvened

         3       at 11:55 a.m.)

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, I

         7       believe there's a report of the Rules

         8       Committee at the desk.  I move that we adopt

         9       the report at this time.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       There is a report of the Rules Committee at

        12       the desk.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Senator Smith,

        15       from the Committee on Rules, reports the

        16       following bills:

        17                  Senate Print 323, by Senator

        18       Little, an act to amend the Civil Practice Law

        19       and Rules;

        20                  641, by Senator Larkin, an act to

        21       authorize;

        22                  1369, by Senator O. Johnson, an act

        23       to authorize;

        24                  2400A, by Senator Nozzolio, an act

        25       to amend the Highway Law;



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         1                  3004A, by Senator Lanza, an act to

         2       amend the Administrative Code of the City of

         3       New York;

         4                  3144, by Senator Hannon, an act to

         5       legalize, validate;

         6                  3484, by Senator Huntley, an act to

         7       amend the Mental Hygiene Law;

         8                  3780B, by Senator Thompson, an act

         9       to amend the Environmental Conservation Law;

        10                  4211B, by Senator Marcellino, an

        11       act in relation to legalizing;

        12                  4472, by Senator Stavisky, an act

        13       to amend the Education Law;

        14                  4631A, by Senator Oppenheimer, an

        15       act to amend the Workers' Compensation Law;

        16                  5692, by Senator Flanagan, an act

        17       to amend the Highway Law;

        18                  5783A, by Senator Stachowski, an

        19       act to amend the Public Authorities Law;

        20                  5874, by Senator McDonald, an act

        21       to amend the Highway Law;

        22                  6213B, by Senator Klein, an act to

        23       amend the Executive Law;

        24                  6261A, by Senator Montgomery, an

        25       axis in relation to exempting;



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         1                  6657A, by Senator Montgomery, an

         2       act to amend the Public Authorities Law;

         3                  6671A, by Senator Maziarz, an act

         4       to amend the Highway Law;

         5                  6675, by Senator O. Johnson, an act

         6       to authorize;

         7                  6693, by Senator Skelos, an act to

         8       authorize;

         9                  6827A, by Senator Padavan, an act

        10       to authorize;

        11                  7043, by Senator Klein, an act to

        12       amend the Banking Law;

        13                  7134, by Senator Oppenheimer, an

        14       act to amend the State Finance Law;

        15                  7163, by Senator Serrano, an act to

        16       amend the Economic Development Law;

        17                  7189, by Senator Stewart-Cousins,

        18       an act to amend the Education Law;

        19                  7450A, by Senator Savino, an act to

        20       amend Chapter 154 of the Laws of 1921;

        21                  7488A, by Senator Thompson, an act

        22       to amend the Public Authorities Law;

        23                  7515A, by Senator Schneiderman, an

        24       act to amend the Real Property Law;

        25                  7558A, by Senator Addabbo, an act



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         1       to amend the General Business Law;

         2                  7562B, by Senator Parker, an act to

         3       amend the Executive Law;

         4                  7612A, by Senator L. Krueger, an

         5       act to amend the Agriculture and Markets Law;

         6                  7705, by Senator Hassell-Thompson,

         7       an act to amend the Penal Law and others;

         8                  7754, by Senator Oppenheimer, an

         9       act to amend the Education Law;

        10                  7811A, by Senator L. Krueger, an

        11       act to amend the Real Property Law;

        12                  7814B, by Senator Valesky, an act

        13       to authorize;

        14                  7897, by Senator Stewart-Cousins,

        15       an act to amend the Vehicle and Traffic Law;

        16                  7941, by Senator L. Krueger, an act

        17       to amend the Social Services Law;

        18                  7961, by Senator Adams, an act to

        19       amend the Executive Law;

        20                  8044, by Senator Oppenheimer, an

        21       act to legalize;

        22                  8045, by Senator Oppenheimer, an

        23       act to amend Chapter 183 of the Laws of 2003;

        24                  8059, by Senator C. Johnson, an act

        25       to amend the Civil Service Law;



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         1                  8109, by Senator Klein, an act to

         2       amend the Penal Law;

         3                  8116, by Senator Aubertine, an act

         4       to amend the Environmental Conservation Law;

         5                  8227, by Senator Duane, an act to

         6       amend the Public Health Law;

         7                  8245, by Senator Aubertine, an act

         8       to amend the Civil Service Law;

         9                  8273, by Senator Savino, an act to

        10       amend the Public Officers Law;

        11                  8312, by Senator Hassell-Thompson,

        12       an act to amend the State Finance Law;

        13                  8313, by Senator Hassell-Thompson,

        14       an act to amend the Public Authorities Law;

        15                  8314, by Senator Hassell-Thompson,

        16       an act to amend the Executive Law;

        17                  8315, by Senator Foley, an act to

        18       amend a chapter of the Laws of 2010;

        19                  8316, by Senator Klein, an act to

        20       amend the Tax Law;

        21                  And Senate Print 8338, by Senator

        22       Thompson, an act to amend the General

        23       Municipal Law.

        24                  All bills ordered direct to third

        25       reading.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       All those in favor of adopting the Rules

         3       Committee report please signify by saying aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The Rules Committee report is adopted.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President,

        12       can we please go to a reading of the calendar.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The supplemental calendar, Senator Klein, or

        15       the regular calendar?

        16                  SENATOR KLEIN:    The regular

        17       calendar.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       271, by Senator Adams, Senate Print 3022A, an

        22       act to amend the Racing, Pari-Mutuel Wagering

        23       and Breeding Law.

        24                  SENATOR LIBOUS:    Lay the bill

        25       aside, please.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       284, by Senator C. Kruger --

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       306, substituted earlier today by Member of

        11       the Assembly DelMonte, Assembly Print Number

        12       9939A, an act to amend the Highway Law.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 59.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       317, by Senator --

         2                  SENATOR KLEIN:    Lay the bill

         3       aside for the day, please.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The bill is laid aside for the day.

         6                  THE SECRETARY:    Calendar Number

         7       337, by Senator Schneiderman, Senate Print

         8       7142A, an act to amend the Criminal Procedure

         9       Law.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Read the last section.

        12                  THE SECRETARY:    Section 8.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 59.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       The bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       384, by Senator Addabbo, Senate Print 3538B,

        24       an act to amend the Civil Service Law.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 59.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       489, by Member of the Assembly Weisenberg,

        14       Assembly Print 9825A, an act to amend the

        15       Mental Hygiene Law.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Read the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect on the 180th day.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Announce the results.

        25                  THE SECRETARY:    Ayes, 59.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       577, by Senator C. Kruger, Senate Print 164,

         5       an act to amend the Criminal Procedure Law.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Announce the results.

        15                  SENATOR LIBOUS:    Lay the bill

        16       aside.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       586, by Senator Schneiderman, Senate Print

        21       6360A, an act to amend the Civil Practice Law

        22       and Rules.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Read the last section.

        25                  THE SECRETARY:    Section 3.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Announce the results.

         7                  THE SECRETARY:    Ayes, 59.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       609, by Member of the Assembly Morelle,

        12       Assembly Print Number 10908B, an act to amend

        13       the Insurance Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Read the last section.

        16                  THE SECRETARY:    Section 3.  This

        17       act shall take effect on the 180th day.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 59.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Announce the results.



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         1                  THE SECRETARY:    Ayes, 59.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       676, by Senator Squadron, Senate Print 5597B,

         6       an act creating the New York City/New York

         7       State Task Force.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Read the last section.

        10                  THE SECRETARY:    Section 5.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Call the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 59.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       684, by Senator Breslin, Senate Print 7674, an

        22       act to amend the Insurance Law.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Read the last section.

        25                  THE SECRETARY:    Section 3.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Announce the results.

         7                  THE SECRETARY:    Ayes, 59.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       703, by Senator Oppenheimer, Senate Print

        12       7817A, an act to amend Chapter 147 of the Laws

        13       of 2001.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 59.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       732, by Senator Seward, Senate Print 1153A, an

         3       act to authorize the Village of Frankfurt.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

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

         6                  Read the last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Call the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Announce the results.

        14                  THE SECRETARY:    Ayes, 59.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       737, by Senator Marcellino, Senate Print 7627,

        19       an act to authorize the Village of Upper

        20       Brookville.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

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

        23                  The Secretary will read the last

        24       section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Announce the results.

         7                  THE SECRETARY:    Ayes, 59.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       754, by Senator Breslin, Senate Print 7220A,

        12       an act to amend the Insurance Law.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Read the last section.

        15                  THE SECRETARY:    Section 5.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 59.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       771, by Senator Stachowski, Senate Print

         2       3720A, an act to amend the Executive Law.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the first of January

         7       next succeeding.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 58.  Nays,

        14       1.  Senator Duane to be recorded in the

        15       negative.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       774, by Senator --

        20                  SENATOR KLEIN:    Lay the bill

        21       aside for the day, please.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is laid aside for the day.

        24                  THE SECRETARY:    Calendar Number

        25       794, by Member of the Assembly Paulin,



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         1       Assembly Print Number 10889, an act to amend

         2       the Mental Hygiene Law.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 59.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       840, by Senator --

        17                  SENATOR KLEIN:    Lay the bill

        18       aside for the day, please.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The bill is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       908, by Senator C. Kruger, Senate Print 4342A,

        23       an act to amend the General Municipal Law.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Read the last section.



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         1                  THE SECRETARY:    Section 4.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 59.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       910, by Senator Saland, Senate Print 6129A, an

        13       act to amend the Town Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 59.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       916, by Member of the Assembly Hooper,

         3       Assembly Print Number 9511A, an act to

         4       authorize the Time Out Club Development

         5       Corporation.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Announce the results.

        15                  THE SECRETARY:    Ayes, 59.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       925, by Senator Stewart-Cousins, Senate Print

        20       7876, an act to amend the General Municipal

        21       Law.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 59.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       926, substituted earlier today by Member of

        11       the Assembly Kolb, Assembly Print Number

        12       11179A, an act to authorize the Town of

        13       Canandaigua.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

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

        16                  Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Announce the results.

        24                  THE SECRETARY:    Ayes, 59.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       The bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       929, by Senator Stewart-Cousins --

         4                  SENATOR KLEIN:    Lay the bill

         5       aside for the day, please.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is laid aside for the day.

         8                  THE SECRETARY:    Calendar Number

         9       1105, by Senator Thompson, Senate Print 1237,

        10       an act to amend the General Business Law.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Read the last section.

        13                  THE SECRETARY:    Section 8.  This

        14       act shall take effect on the 90th day.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator DeFrancisco, to explain his vote.

        20                  SENATOR DeFRANCISCO:    Yes, I'm

        21       voting no.

        22                  We happen to be in sort of a budget

        23       problem right now, and in a recession.  And it

        24       would seem that we should show some restraint

        25       on the number of task forces that are --



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Can we have some order, please.

         3                  SENATOR DeFRANCISCO:    -- are

         4       legislated in this body.  And for that reason,

         5       I'm voting no.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator DeFrancisco to be recorded in the

         8       negative.

         9                  Announce the results.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 1105, those recorded in the

        12       negative are Senators DeFrancisco, Farley,

        13       Flanagan, Golden, O. Johnson, Lanza, Libous,

        14       Little, Maziarz, Nozzolio, Skelos.  Also

        15       Senator Ranzenhofer.  Also Senator Seward.

        16       Also Senator Griffo.

        17                  Ayes, 45.  Nays, 14.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1199, by Senator Parker --

        22                  SENATOR LIBOUS:    Lay it aside.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is laid aside.

        25                  THE SECRETARY:    Calendar Number



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         1       1206, by Senator Aubertine, Senate Print 8305,

         2       an act to amend the Alcoholic Beverage Control

         3       Law.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Read the last section.

         6                  THE SECRETARY:    Section 20.  This

         7       act shall take effect on the 90th day.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 59.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The bill is passed.

        16                  Senator Klein, that completes the

        17       reading of the noncontroversial calendar.

        18                  SENATOR KLEIN:    Mr. President, at

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

        20       controversial calendar.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       The Secretary will ring the bell.  Members are

        23       all asked to come to the chamber for a reading

        24       of the controversial calendar.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       271, by Senator Adams, Senate Print 3022A, an

         3       act to amend the Racing, Pari-Mutuel Wagering

         4       and Breeding Law.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Volker, why do you rise?

         7                  SENATOR VOLKER:    Mr. President,

         8       can I have an explanation from Senator Adams,

         9       please.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Adams, Senator Volker has requested an

        12       explanation on Calendar Number 271.

        13                  SENATOR ADAMS:    Anything for my

        14       good friend Senator Volker.

        15                  This is an important interstate

        16       compact.  And on first view it may seem as

        17       though we're trying to actually regulate or

        18       try to damage racing in this state when in

        19       fact it's to the contrary, it's to the

        20       opposite.

        21                  This compact will authorize

        22       New York State to participate in an interstate

        23       compact for horse racing to provide uniform

        24       rules and regulations for the entire industry

        25       with those participating states.



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         1                  Participation in the contract will

         2       not impact the wagering, it will not impact in

         3       any way the takeouts.  It will allow New York

         4       State to cooperate with other participating

         5       states.  It is almost equivalent to what we do

         6       now with boxing.

         7                  Right now all of the states that

         8       participate in racing, it's an ad hoc manner

         9       in which we do it.  We're going to

        10       professionalize the sport of racing.  We're

        11       going to make sure that our horses in New York

        12       State are not running against horses that are

        13       drugged up on some different types of drugs to

        14       impact our horse race.

        15                  We're really moving the industry to

        16       another level.  We're moving the industry away

        17       from similar to how boxing used to be, where

        18       you had have athletes that are fighting in

        19       different states in different manners.  We're

        20       going to raise the code of conduct and raise

        21       the code of racing.

        22                  Right now, as you see, drugs have

        23       proliferated in the industry.  Many of our

        24       horses are dying prematurely on the tracks.

        25       Many of our horses are running against other



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         1       horses that are drugged up.  We want to change

         2       that.  We want one code or standard, similar

         3       to how we do boxing, similar to how we do the

         4       NFL, similar to how we do the Major League

         5       Baseball.

         6                  By creating this compact, it's not

         7       going to impact us in any way on the takeout,

         8       it's not going to impact us in any way on the

         9       amount of revenue someone will win if they win

        10       a ticket.  But it will move us to the level

        11       that we will professionalize our industry.

        12       And this is what I want to do as the chair of

        13       the committee; I want to continue to see what

        14       we can do to make our industry professional

        15       and ensure that New York continues to be the

        16       great racing capital that it is.

        17                  SENATOR VOLKER:    Mr. President,

        18       if I might, I'm just -- I'm not going to ask

        19       you questions, I'll just comment on the bill.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Volker, on the bill.

        22                  SENATOR VOLKER:    I know I don't

        23       look like Senator Larkin, but I'm kind of

        24       speaking for Senator Larkin now, who had some

        25       problems with this bill also.



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         1                  The problem with what concerns us

         2       about that bill is, as I understand what this

         3       would do, if New York came in -- and by the

         4       way, no other states yet have joined in the

         5       compact, if I'm not mistaken.  Then what would

         6       happen is we are told that some of the other

         7       smaller states would join thinking they could

         8       get increased revenue from New York, which

         9       everybody thinks has a lot of money, and

        10       New York could end up financing this racing

        11       interstate compact group.

        12                  I think the thing that's very

        13       disconcerting here is that the idea is good,

        14       but the idea that New York would subject

        15       itself to a compact and the fact that we as a

        16       legislature, for instance, and the government

        17       would have little or no control over it, and

        18       yet the other states could demand considerable

        19       amounts of money -- I realize that it may well

        20       improve the racing standards, and we can

        21       always use more oversight of the racing

        22       industry and that a lot of the horsemen groups

        23       are looking at this and thinking this is a

        24       good way that they can make more money.

        25                  One of the reasons they're thinking



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         1       that is because they're looking at the money

         2       that we have in New York, like everybody else,

         3       as having tons of money.  Of course, if they

         4       read the papers lately they'd know --

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Can we have some order in the chamber, please.

         7                  I'm sorry, Senator Volker.  I want

         8       to give you the opportunity to speak.

         9                  SENATOR VOLKER:    Sure.  Thank

        10       you.

        11                  I think the problem is this would

        12       set up a whole new bureaucracy and there would

        13       be a good deal of expense, a lot of expense

        14       involved.  And this contract group would be

        15       able to do contracts, they would be able to

        16       set up all sorts of oversight.  And what may

        17       very well happen is that New York, being the

        18       largest state most likely to join this

        19       compact, they would then ask us to contribute

        20       by far the largest amount of money.

        21                  And even if we assume that the

        22       handle in New York would increase, the

        23       question is where is the money going to come

        24       from.  Right now, you know, we haven't passed

        25       a budget yet, so quite obviously we have a



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         1       problem.  We didn't pass this in 2009, as I

         2       understand, for that very reason, that there

         3       was great concern in both the Assembly and the

         4       Senate about the fiscal implications of this

         5       bill -- not to the racing industry directly,

         6       but to the State of New York.

         7                  And some people have suggested that

         8       it might even be better for us to wait till we

         9       see who else gets into the compact to decide

        10       whether we really want to get into it or not.

        11                  I think the concept is excellent,

        12       but the problem I think is, like anything

        13       else, New York has had a tendency to get into

        14       things and then find out later it's going to

        15       cost us a ton of money.  I don't have to tell

        16       you about Medicaid, I don't have to tell you

        17       about so many of the other programs.

        18                  Some people have said that they

        19       compare this compact obviously not directly to

        20       Medicaid, but the biggest problem is we don't

        21       know what it's going to cost in the long haul.

        22       But we do know one thing, that there's going

        23       to be a substantial cost here.  Because just

        24       reading the bill, you can see that they have

        25       enormous powers and they will not only take



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         1       powers away from the racing industry here in

         2       New York but they will also be able to say to

         3       us, Well, we're going to help you, but you've

         4       got to pay for it.

         5                  And I think that is by far the

         6       biggest problem, is the uncertainty of what

         7       exactly is going to be the cost to the

         8       New York taxpayers and to the racing industry.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Are there any other Senators wishing to be

        11       heard?

        12                  Seeing 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 only with respect to any

        17       compacting state.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Adams, to explain his vote.

        23                  SENATOR ADAMS:    Yes, I just want

        24       to respond to some of the concerns that

        25       Senator Volker had.



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         1                  First of all, the industry supports

         2       this.  The Jockey Club supports it, NYRA

         3       supports it, other racetracks support it, the

         4       American Association of Equine Practitioners

         5       supports it.

         6                  New York State, in order for any

         7       fee to be paid, the industry must approve it

         8       to pay it.  So you're not sanctioned in any

         9       way.  New York State is not held liable at all

        10       for any fees or any debt that's owed by the

        11       compact.  So this doesn't hurt our state at

        12       all.  It helps a multi-billion-dollar industry

        13       become professionalized and ensures that we

        14       continue to grow the racing industry,

        15       particularly in the northern part of our

        16       state.

        17                  I vote aye, and I'm asking my

        18       colleagues to do the same.  Thank you.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Adams to be recorded in the

        21       affirmative.

        22                  Announce the results.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 271, those Senators recorded

        25       in the negative:  Senators DeFrancisco,



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         1       Farley, Hannon, LaValle, Marcellino, McDonald,

         2       Saland, Seward, Skelos and Volker.  Also

         3       Senator Leibell.

         4                  Absent from voting:  Senators

         5       Bonacic, Fuschillo, Huntley, Padavan and

         6       Winner.

         7                  Ayes, 42.  Nays, 11.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is passed.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       577, by Senator C. Kruger, Senate Print 164,

        13       an act to amend the Criminal Procedure Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Are there any Senators wishing to be heard on

        16       the bill?

        17                  Hearing none, debate is closed.

        18       The Secretary will please ring the bells.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Announce the results.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 577, those Senators recorded

         4       in the negative are Senators Alesi, Farley,

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

         6       Lanza, LaValle, Leibell, Libous, Little,

         7       Marcellino, Maziarz, McDonald, Nozzolio,

         8       Ranzenhofer, Robach, Saland, Seward, Skelos,

         9       Volker and Young.

        10                  Those Senators absent from voting:

        11       Senators Bonacic, Fuschillo, Huntley, Padavan

        12       and Winner.

        13                  Ayes, 32.  Nays, 23.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The bill is passed.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       1199, by Senator Parker, Senate Print 7687B,

        19       an act to amend the Public Services Law.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Any Senator wishing to be heard on the bill?

        22                  Hearing none, debate is closed.

        23       The Secretary will please ring the bells.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the 30th day.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Volker, to explain his vote.

         7                  SENATOR VOLKER:    Mr. President,

         8       this bill -- this was the intervenors bill --

         9       this bill was a bill that I killed in my

        10       Energy Committee 30 years ago.  And it's been

        11       drifting around for years.  It's one of the

        12       most expensive bills for the utilities that

        13       I've seen.

        14                  What this means is that if anybody

        15       wants to make a complaint against a utility

        16       company, the utility company has to pay the

        17       person, the intervenor, to in effect go

        18       against the utility.  So if they win, the

        19       utility then of course has to pay up.  Even if

        20       they lose, the utility now has to pay the PULP

        21       or NYPIRG or whoever it is that brings the

        22       action.  It's one of the few times where a

        23       business is forced to pay its opponent.

        24                  And the problem with it is there's

        25       no question that groups would love to have



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         1       this bill in place, because the potential here

         2       for raising utility rates is enormous.  In

         3       fact, as I've said before, I talked with

         4       somebody from the PSC, and I just want to warn

         5       everybody they're doing an assessment of the

         6       bills that we've passed this session.  They

         7       believe this is the most expensive session for

         8       utilities, meaning ratepayers, in the history

         9       of the Legislature.  I want to warn you,

        10       because they're calculating it.

        11                  This bill is another bill that will

        12       have a major impact on utility rates in this

        13       state.  I vote no.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Volker to be recorded in the negative.

        16                  Senator Parker, to explain his

        17       vote.

        18                  SENATOR PARKER:    Thank you,

        19       Mr. President.

        20                  I'm asking my colleagues to vote

        21       yes on this very important bill that actually

        22       is very pro-consumer.

        23                  And I heard Senator Volker's

        24       comments.  And I regret the fact that I was

        25       not able to communicate with him more directly



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         1       so he would actually understand the bill and

         2       what it does.

         3                  This bill actually provides

         4       intervenor funds only for nonprofits that

         5       represent large sets of consumers or

         6       individuals who represent large numbers of

         7       repairs.  This is not just for anybody who has

         8       a broken line in their house, you know.  And

         9       actually the PSC is actually obligated under

        10       this bill to aggregate individual consumers

        11       who have similar complaints and provide

        12       intervenor funds.

        13                  This bill does not -- let me

        14       repeat, this bill does not actually increase

        15       anything for ratepayers.  In fact, this

        16       actually helps ratepayers, because if you're a

        17       ratepayer and you have a problem, you now have

        18       an ability to get legal help and in fact the

        19       utility companies have to help you essentially

        20       deal with the problem.

        21                  So this actually creates an

        22       economic incentive for utilities to actually

        23       do repairs and keep up their capital

        24       investment on the front end, instead of having

        25       to go through cases which doesn't exist now.



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         1       And we have thousands of ratepayers across our

         2       state, in my district and your district,

         3       Senator Volker, who really will benefit from

         4       this legislation.

         5                  I vote aye because this is a good

         6       thing for our consumers, a good thing for our

         7       ratepayers, and a great thing for our

         8       constituents.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Parker to be recorded in the

        11       affirmative.

        12                  Announce the results.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 1199, those recorded in the

        15       negative:  Senators Alesi, Aubertine,

        16       DeFrancisco, Farley, Flanagan, Golden,

        17       O. Johnson, Lanza, Leibell, Little, Maziarz,

        18       Nozzolio, Ranzenhofer, Robach, Saland, Skelos,

        19       Volker and Young.

        20                  Those Senators absent from voting:

        21       Senators Bonacic, Fuschillo, Huntley, Padavan

        22       and Winner.

        23                  Ayes, 37.  Nays, 18.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The bill is passed.



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         1                  Senator Klein, that completes the

         2       reading of the controversial calendar.

         3                  SENATOR KLEIN:    Mr. President, at

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

         5       supplemental calendar.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       1189, by Senator Little, Senate Print 323, an

        10       act to amend the Civil Practices Law.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Read the last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Little, to explain her vote.

        20                  SENATOR LITTLE:    Thank you,

        21       Mr. President.

        22                  As many of you know, I usually

        23       stand here and tell you why a piece of

        24       legislation will be harmful to the

        25       Adirondacks.  Well, I stand today to tell you



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         1       how helpful this piece of legislation is to

         2       the Adirondacks, and I thank all of you for

         3       supporting this legislation.

         4                  The Adirondacks is regulated by the

         5       Adirondack Park Agency, a land use agency

         6       which has no limit as to a statute of

         7       limitations and how far back they can go in

         8       enforcement.  So what we have had in the

         9       Adirondacks is someone who purchases a home,

        10       wants to make an addition to that home, has

        11       the APA come in to give a permit for the

        12       addition -- and while there, the APA may see

        13       that 30 years ago the deck that was built was

        14       larger than the APA statute allows or that the

        15       property was a half a foot or a foot closer to

        16       the water than the regulations.

        17                  And this may have been built 30,

        18       35 years ago, and yet the APA can enforce that

        19       violation with a series of fines and make the

        20       person either remove the deck or change the

        21       wall or do something to correct it.

        22                  What this piece of legislation does

        23       is make it a statute of limitations on a

        24       violation.  The violation has to be discovered

        25       within ten years of when it began, and



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         1       reasonable discovery, and then they cannot

         2       enforce anything past that.  So it actually

         3       helps people who are purchasing a home who the

         4       previous owner may have had a violation years

         5       before that, but it will not go on them.

         6                  So thank you very much for

         7       supporting this legislation.  I appreciate it,

         8       and the people in the Adirondacks that live

         9       there will appreciate it as well.

        10                  Thank you.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Little to be recorded in the

        13       affirmative.

        14                  Announce the results.

        15                  THE SECRETARY:    Ayes, 59.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1208, by Senator Larkin, Senate Print 641, an

        20       act to authorize the City of Newburgh.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

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

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 59.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1209, by Senator O. Johnson, Senate Print

        11       1369, an act to authorize the Church of God of

        12       Brentwood.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 59.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 1210, Senator Nozzolio moves

         2       to discharge, from the Committee on Rules,

         3       Assembly Bill Number 5579A and substitute it

         4       for the identical Senate Bill Number 2400A,

         5       Third Reading Calendar 1210.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       1210, by Member of the Assembly Oaks, Assembly

        10       Print 5579A, an act to amend the Highway Law.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 59.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       The bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 1211, Senator Lanza moves to

        25       discharge, from the Committee on Rules,



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         1       Assembly Bill Number 7383A and substitute it

         2       for the identical Senate Bill Number 3004A,

         3       Third Reading Calendar 1211.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Substitution ordered.

         6                  THE SECRETARY:    Calendar Number

         7       1211, by Member of the Assembly Cusick,

         8       Assembly Print Number 7383A, an act to amend

         9       the Administrative Code of the City of

        10       New York.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

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

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 59.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1212, by Senator Hannon, Senate Print 3144, an



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         1       act to legalize, validate, ratify and confirm.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Read the last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Announce the results.

        11                  THE SECRETARY:    Ayes, 59.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1213, by Senator Huntley, Senate Print 3484,

        16       an act to amend the Mental Hygiene Law and the

        17       Executive Law.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Read the last section.

        20                  THE SECRETARY:    Section 3.  This

        21       act shall take effect on the 180th day.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 59.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1214, by Senator Thompson, Senate Print 3780B,

         7       an act to amend the Environmental Conservation

         8       Law.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect July 1, 2013.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 59.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 1215, Senator Marcellino moves

        23       to discharge, from the Committee on Rules,

        24       Assembly Bill Number 10212A and substitute it

        25       for the identical Senate Bill Number 4211B,



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         1       Third Reading Calendar 1215.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       1215, by Member of the Assembly Montesano,

         6       Assembly Print Number 10212A, an act in

         7       relation to legalizing, validating, ratifying

         8       and confirming.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 59.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 1216, Senator Stavisky moves

        23       to discharge, from the Committee on Education,

        24       Assembly Bill Number 5434 and substitute it

        25       for the identical Senate Bill Number 4472,



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         1       Third Reading Calendar 1216.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Substitution ordered.

         4                  THE SECRETARY:    Calendar Number

         5       1216, by --

         6                  SENATOR VOLKER:    Lay the bill

         7       aside.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is laid aside.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 1217, Senator Oppenheimer

        12       moves to discharge, from the Committee on

        13       Finance, Assembly Bill Number 4302A and

        14       substitute it for the identical Senate Bill

        15       Number 4631A, Third Reading Calendar 1217.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       1217, by Member of the Assembly Canestrari,

        20       Assembly Print 4302A, an act to amend the

        21       Workers' Compensation Law.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 59.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1219, by Senator Flanagan, Senate Print 5692,

        11       an act to amend the Highway Law.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

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

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 59.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 1220, Senator Stachowski moves

         2       to discharge, from the Committee on Rules,

         3       Assembly Bill Number 8712A and substitute it

         4       for the identical Senate Bill Number 5783A,

         5       Third Reading Calendar 1220.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       1220, by Member of the Assembly Gabryszak,

        10       Assembly Print Number 8712A, an act to amend

        11       the Public Authorities Law and the Economic

        12       Development Law.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Maziarz, to explain his vote.

        22                  SENATOR MAZIARZ:    Mr. President,

        23       just to explain my vote.

        24                  I am a cosponsor of this

        25       legislation and am fully supportive of it.  I



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         1       think this takes a very large step towards

         2       keeping the greatest asset that Western

         3       New York has, the Niagara Power Project, of

         4       keeping the power that is produced at Niagara

         5       and sold, the power that is allocated but not

         6       used that is sold on the open market by the

         7       Power Authority, to be used for economic

         8       development for job creation in Western

         9       New York and specifically, of course, more to

        10       my liking, in Niagara County.

        11                  This goes a very minor step for

        12       years and years of the Power Authority

        13       screwing Niagara County -- and with a little

        14       bit of help from the Assembly and the Senate

        15       and some governors too, Mr. President.

        16                  Thank you very much.  I vote in the

        17       affirmative.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Maziarz to be recorded in the

        20       affirmative.

        21                  Senator Stachowski, to explain his

        22       vote.

        23                  SENATOR STACHOWSKI:    Yes,

        24       Mr. President, I too would just like to

        25       mention that this is a great bill in keeping



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         1       power, a deal that was made when the Power

         2       Authority put together the new plant.  And

         3       that this will make sure that the funds stay

         4       within the 30-mile radius.  If the power is

         5       not being used, the funds will be able

         6       available for an economic development fund

         7       which will be used to help Niagara County and

         8       parts of Erie County.

         9                  And we think it's long overdue and

        10       it's a great step.  And I know it's strongly

        11       supported by everybody in Western New York,

        12       and I'm glad to have the opportunity to vote

        13       for it.  I vote aye.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Stachowski to be recorded in the

        16       affirmative.

        17                  Announce the results.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 1220, those Senators recorded

        20       in the negative are Senators Flanagan, Foley,

        21       Hannon, C. Johnson, LaValle and Marcellino.

        22       Also Senator Skelos.  Also Senator O. Johnson.

        23                  Ayes, 51.  Nays, 8.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The bill is passed.



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         1                  The Secretary will continue to

         2       read.

         3                  THE SECRETARY:    Calendar Number

         4       1221, by Senator McDonald, Senate Print 5874,

         5       an act to amend the Highway Law.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Read the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Announce the results.

        15                  THE SECRETARY:    Ayes, 59.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1222, by Senator Klein --

        20                  SENATOR KLEIN:    Lay the bill

        21       aside for the day, please.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is laid aside for the day.

        24                  THE SECRETARY:    Calendar Number

        25       1223, by Senator Montgomery, Senate Print



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         1       6261A, an act in relation to exempting monthly

         2       assessments.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 59.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The bill is passed.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 1224, Senator Montgomery moves

        17       to discharge, from the Committee on Rules,

        18       Assembly Bill Number 9547A and substitute it

        19       for the identical Senate Bill Number 6657A,

        20       Third Reading Calendar 1224.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Substitution ordered.

        23                  THE SECRETARY:    Calendar Number

        24       1224, by Member of the Assembly Jeffries,

        25       Assembly Print Number 9547A, an act to amend



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         1       the Public Authorities Law.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Announce the results.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 1224, those recorded in the

        13       negative are Senators DeFrancisco, Farley,

        14       Griffo, Hannon, Lanza, LaValle, Little,

        15       Marcellino, Nozzolio, Ranzenhofer, Saland,

        16       Seward, Skelos and Young.

        17                  Ayes, 45.  Nays, 14.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1225, by Senator Maziarz, Senate Print 6671A,

        22       an act to amend the Highway Law.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

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

        25                  Read the last section.



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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect July 1, 2010.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 59.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1226, by Senator O. Johnson, Senate Print --

        13                  SENATOR KLEIN:    Lay the bill

        14       aside for the day, please.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is laid aside for the day.

        17                  THE SECRETARY:    Calendar Number

        18       1227, by Senator Skelos, Senate Print 6693, an

        19       act to authorize the assessor of the County of

        20       Nassau.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 59.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 1228, Senator Padavan moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 9924A and substitute it

        12       for the identical Senate Bill Number 6827A,

        13       Third Reading Calendar 1228.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       1228, by Member of the Assembly Clark,

        18       Assembly Print Number A9924A, an act to

        19       authorize the Dormitory Authority of the State

        20       of New York.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 59.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1229, by Senator --

        10                  SENATOR KLEIN:    Lay the bill

        11       aside for the day, please.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is laid aside for the day.

        14                  THE SECRETARY:    Calendar Number

        15       1230, by Senator Oppenheimer, Senate Print

        16       7134, an act to amend the State Finance Law.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Read the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Oppenheimer, to explain her vote.



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         1                  SENATOR OPPENHEIMER:    Yes, thank

         2       you.  I would very much like to explain the

         3       problem.

         4                  The problem is that we have Special

         5       Act districts in our state, 13 in all.  They

         6       deal with some of the most difficult students

         7       in our state, and they have been funded with a

         8       methodology that is so not reflective of what

         9       their costs are.

        10                  And we have been working for years

        11       to try and formulate a new methodology for

        12       Special Act schools.  We are making some

        13       progress.  But because they are so underfunded

        14       and paid a year after their costs, they find

        15       that they must go to the banks in order to

        16       borrow money.  The interest on RANs -- rate

        17       anticipation notes -- the interest is never

        18       paid by the state, it is only paid by the

        19       Special Act districts.  It is these very same

        20       districts that are so strapped that now have

        21       to borrow from banks and pay the interest on

        22       the borrowing.  It is really an outrage.

        23                  And so what this bill does -- and

        24       this is only because we haven't yet changed

        25       the methodology -- it says that we will have a



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         1       revolving loan for them, for Special Act

         2       school districts.  This is the right thing to

         3       do.  And it's the best that we can do --

         4       though it's a Band-Aid -- but it's the best

         5       that we can do at this time lacking a new

         6       methodology.

         7                  So thank you all for supporting it.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Oppenheimer to be recorded in the

        10       affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    Ayes, 59.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1231, by Senator Serrano, Senate Print 7163,

        17       an act to amend the Economic Development Law.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 59.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1232, by Senator Stewart-Cousins, Senate Print

         7       7189, an act --

         8                  SENATOR VOLKER:    Lay it aside.

         9                  SENATOR KLEIN:    Lay the bill

        10       aside for the day, please.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The bill is laid aside for the day.

        13                  THE SECRETARY:    Which one?

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Calendar Number 1232 will be laid aside for

        16       the day.

        17                  The Secretary will continue to

        18       read.

        19                  THE SECRETARY:    Calendar Number

        20       1233, by Senator Savino, Senate Print 7450A,

        21       an act to amend Chapter 154 of the Laws of

        22       1921.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Read the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect upon the enactment into

         2       law.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Announce the results.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 1233, those recorded in the

        10       negative are Senators DeFrancisco, Griffo,

        11       Hannon, LaValle, Libous, Little, Marcellino,

        12       Ranzenhofer, Saland, Skelos, Volker and Young.

        13       Also Senator Flanagan.

        14                  Ayes, 46.  Nays, 13.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1234, by Senator Thompson, Senate Print 7488A,

        19       an act to amend the Public Authorities Law.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Read the last section.

        22                  THE SECRETARY:    Section 7.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 59.

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       With respect to Calendar Number 1234, the roll

         9       call is withdrawn and the bill is -- Senator

        10       Klein.

        11                  SENATOR KLEIN:    Mr. President,

        12       can I remove the lay aside on Calendar Number

        13       1234, Senator Thompson's bill.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The lay aside is withdrawn.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       1234, by Senator Thompson, Senate Print 7488A,

        19       an act to amend the Public Authorities Law.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Read the last section.

        22                  THE SECRETARY:    Section 7.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 59.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1235, by Senator Schneiderman, Senate Print

         9       7515A --

        10                  SENATOR KLEIN:    Lay the bill

        11       aside for the day, please.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is laid aside for the day.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1236, Senator Addabbo moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 10766A and substitute it

        18       for the identical Senate Bill Number 7558A,

        19       Third Reading Calendar 1236.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       1236, by Member of the Assembly Nolan,

        24       Assembly Print Number 10766A, an act to amend

        25       the General Business Law.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 180th day.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 59.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 1237, Senator Parker moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 10754A and substitute it

        17       for the identical Senate Bill Number 7562B,

        18       Third Reading Calendar 1237.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       1237, by Member of the Assembly Magnarelli,

        23       Assembly Print Number 10754A, an act to amend

        24       the Executive Law and the Public Health Law.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect November 11, 2010.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 59.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 1239, Senator L. Krueger moves

        14       to discharge, from the Committee on Rules,

        15       Assembly Bill Number 10715A and substitute it

        16       for the identical Senate Bill Number 7612A,

        17       Third Reading Calendar 1239.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       1239, by Member of the Assembly Paulin,

        22       Assembly Print Number 10715A, an act to amend

        23       the Agriculture and Markets Law.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator DeFrancisco, to explain his vote.

         8                  SENATOR DeFRANCISCO:    Yes, animal

         9       shelters are usually running on a shoestring,

        10       and it would seem to be better for them to be

        11       caring for animals rather than filing annual

        12       reports to some agency of the State of

        13       New York.  And for that reason, I'm voting no.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator DeFrancisco to be recorded in the

        16       negative.

        17                  Announce the results.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 1239, those Senators to be

        20       recorded in the negative are Senators

        21       DeFrancisco, Golden, Griffo, Hannon,

        22       O. Johnson, Little, Nozzolio, Ranzenhofer,

        23       Saland, Seward, and Skelos.

        24                  Ayes, 48.  Nays, 11.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       The bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1240, by Senator Hassell-Thompson, Senate

         4       Print 7705, an act to amend the Penal Law, the

         5       Criminal Procedure Law, and the Vehicle and

         6       Traffic Law.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Read the last section.

         9                  THE SECRETARY:    Section 24.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Hassell-Thompson, to explain her vote.

        16                  SENATOR HASSELL-THOMPSON:    Thank

        17       you, Mr. President.

        18                  I just rise to thank my colleagues

        19       for their support for the Child Protection Act

        20       of 2010.  Just very briefly, there are just

        21       too many cases of our children who are being

        22       sadistically abused over long periods of time

        23       and often turn fatal.

        24                  I believe that this bill will give

        25       law enforcement as well as the courts the



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         1       tools they need to protect our children before

         2       that occurs.  Thank you very much.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Hassell-Thompson to be recorded in the

         5       affirmative.

         6                  Announce the results.

         7                  THE SECRETARY:    Ayes, 59.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 1241, Senator Oppenheimer

        12       moves to discharge, from the Committee on

        13       Rules, Assembly Bill Number 10638 and

        14       substitute it for the identical Senate Bill

        15       Number 7754, Third Reading Calendar 1241.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       1241, by Member of the Assembly Paulin,

        20       Assembly Print Number 10638, an act to amend

        21       the Education Law.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Announce the results.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1241, those Senators to be

         8       recorded in the negative:  Senators

         9       DeFrancisco, Ranzenhofer, Skelos and Volker.

        10                  Ayes, 55.  Nays, 4.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 1242, Senator L. Krueger moves

        15       to discharge, from the Committee on Rules,

        16       Assembly Bill Number 10878A and substitute it

        17       for the identical Senate Bill Number 7811A,

        18       Third Reading Calendar 1242.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Substitution ordered.

        21                  THE SECRETARY:    Calendar Number

        22       1242, by Member of the Assembly Rosenthal,

        23       Assembly Print Number 10878A, an act to amend

        24       the Real Property Law.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the 30th day.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 59.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1243, by Senator Valesky, Senate Print 7814B,

        14       an act to authorize the lease of lands.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is high.

        17                  The bill will be laid aside for the

        18       day.

        19                  THE SECRETARY:    Calendar Number

        20       1244, by Senator Stewart-Cousins, Senate Print

        21       7897, an act to amend the Vehicle and Traffic

        22       Law.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Read the last section.

        25                  THE SECRETARY:    Section 3.  This



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         1       act shall take effect on the first of November

         2       next succeeding.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Announce the results.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 1244, those Senators to be

        10       recorded in the negative:  Senators

        11       DeFrancisco, Farley and Skelos.

        12                  Ayes, 56.  Nays, 3.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1245, by Senator L. Krueger, Senate Print

        17       7941, an act to amend the Social Services Law.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 58.  Nays,

         3       1.  Senator LaValle to be recorded in the

         4       negative.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 1246, Senator Adams moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 11098 and substitute it

        11       for the identical Senate Bill Number 7961,

        12       Third Reading Calendar 1246.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       1246, by Member of the Assembly Magnarelli,

        17       Assembly Print Number 11098, an act to amend

        18       the Executive Law.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Read the last section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect 30 days after it shall

        23       have become law.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 59.  Nays,

         5       0.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1247, by Senator Oppenheimer, Senate Print

        10       8044, an act to legalize, validate, ratify and

        11       confirm.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Read the last section.

        14                  THE SECRETARY:    Section 4.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 59.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is passed.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 1248, Senator Oppenheimer



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         1       moves to discharge, from the Committee on

         2       Rules, Assembly Bill Number 11364 and

         3       substitute it for the identical Senate Bill

         4       Number 8045, Third Reading Calendar 1248.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       1248, by the Assembly Committee on Rules,

         9       Assembly Print Number 11364, an act to amend

        10       Chapter 183 of the Laws of 2003.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

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

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 59.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is passed.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 1249, Senator C. Johnson moves



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         1       to discharge, from the committee on Committee

         2       on Investigations and Government Operations,

         3       Assembly Print Number 4395 and substitute it

         4       for the identical Senate Bill Number 8059,

         5       Third Reading Calendar 1249.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       1249, by Member of the Assembly Canestrari,

        10       Assembly Print Number 4395, an act to amend

        11       the Civil Service Law.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 59.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1250, by Senator Klein, Senate Print 8109, an



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         1       act to amend the Penal Law.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Announce the results.

        11                  THE SECRETARY:    Ayes, 59.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1251, Senator Aubertine moves

        16       to discharge, from the Committee on Rules,

        17       Assembly Bill Number 11312 and substitute it

        18       for the identical Senate Bill Number 8116,

        19       Third Reading Calendar 1251.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       1251, by the Assembly Committee on Rules,

        24       Assembly Print Number 11312, an act to amend

        25       the Environmental Conservation Law.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Read the last section.

         3                  THE SECRETARY:    Section 4.  This

         4       act shall take effect on the 120th day.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 59.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1252, by Senator Duane --

        15                  SENATOR LIBOUS:    Lay it aside.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is laid aside.

        18                  THE SECRETARY:    Calendar Number

        19       1253, by Senator Aubertine, Senate Print 8245,

        20       an act to amend the Civil Service Law.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Read the last section.

        23                  THE SECRETARY:    Section 22.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 59.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       the bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1254, by Senator Savino, Senate Print 8273, an

        10       act to amend the Public Officers Law.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 58.  Nays,

        21       1.  Senator Lanza to be recorded in the

        22       negative.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1255, by Senator Hassell-Thompson, Senate

         2       Print 8312, an act to amend the State Finance

         3       Law.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Read the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect on the 90th day.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 58.  Nays,

        14       1.  Senator Flanagan recorded in the negative.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1256, by Senator Hassell-Thompson, Senate

        19       Print 8313, an act to amend the Public

        20       Authorities Law.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Read the last section.

        23                  THE SECRETARY:    Section 6.  This

        24       act shall take effect on the 90th day.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       We are calling the roll on 1256.

         5                  Announce the results.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1256, those Senators to be

         8       recorded in the negative are Senators Flanagan

         9       and LaValle.  Also Senators Ranzenhofer and

        10       Saland.

        11                  Ayes, 55.  Nays, 4.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1257, by Senator Hassell-Thompson, Senate

        16       Print 8314, an act to amend the Executive Law

        17       and the State Finance Law.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Read the last section.

        20                  THE SECRETARY:    Section 14.  This

        21       act shall take effect on the 90th day.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  SENATOR LIBOUS:    Lay the bill



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         1       aside.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       1258, by Senator Foley, Senate Print 8315, an

         6       act to amend a chapter of the Laws of 2010.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Announce the results.

        16                  THE SECRETARY:    Ayes, 58.  Nays,

        17       1.  Senator O. Johnson to be recorded in the

        18       negative.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1259, by Senator Klein, Senate Print --

        23                  SENATOR LIBOUS:    Lay it aside.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The bill is laid aside.



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         1                  THE SECRETARY:    Calendar Number

         2       1260, by Senator Thompson, Senate Print 8338,

         3       an act to amend the General Municipal Law.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The bill is high.  The bill is laid aside for

         6       the day.

         7                  Senator Klein, that completes the

         8       reading of the noncontroversial supplemental

         9       calendar.

        10                  SENATOR KLEIN:    Mr. President, at

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

        12       controversial supplemental calendar.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The Secretary will ring the bell.  Members are

        15       all asked to come to the chamber for the

        16       reading of the controversial supplemental

        17       calendar.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       1216, by Member of the Assembly Gianaris,

        21       Assembly Print Number 5434, an act to amend

        22       the Education Law.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Are there any Senators wishing to be heard on

        25       the bill?



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         1                  Hearing none, the debate is closed.

         2       The Secretary will please ring the bells.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the first of July.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Announce the results.

        11                  THE SECRETARY:    Ayes, 53.  Nays,

        12       0.  Absent from voting:  Senators Bonacic,

        13       Diaz, Fuschillo, Huntley, Leibell, Winner and

        14       Young.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is passed.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1252, by Senator Duane, Senate Print 8227, an

        20       act to amend the Public Health Law.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Are there any Senators wishing to be heard on

        23       the bill?

        24                  Senator Hannon.

        25                  SENATOR HANNON:    Thank you.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Hannon, on the bill?

         3                  SENATOR HANNON:    On the bill.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       On the bill, Senator Hannon.

         6                  SENATOR HANNON:    In the world of

         7       healthcare and public health, this is a pretty

         8       big bill.  It addresses the public health

         9       problem of those with HIV, detecting those

        10       with HIV, how they're going to be treated in

        11       the healthcare system.

        12                  In 2006 the Center for Disease

        13       Control and Prevention issued new guidelines

        14       which attempted to have states lower the

        15       barriers for testing for HIV, and this bill is

        16       a result.  It's been discussed very intensely

        17       within the public health community for three

        18       years.  It's supported by the City of New

        19       York, I presume still supported by the Health

        20       Department of the state.

        21                  And I come to it with mixed

        22       emotions, because it's one of those bills

        23       which has things that I think are essential in

        24       terms of lowering the barrier, in terms of in

        25       some cases doing away with the very formal



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         1       consent now required, and, importantly,

         2       allowing for testing in cases where there has

         3       been a needle stick and a suspicion by a

         4       healthcare personnel provider, such as a nurse

         5       or a physician, that perhaps they may have

         6       been subjected to infection.

         7                  But I rise to put on the record my

         8       real hesitation as to how far we've gone with

         9       the testing.  When we started discussing this

        10       test and lowering the barriers, people started

        11       to talk as if every time a patient goes to see

        12       a primary care provider that a consent is

        13       written out.  And therefore, the initial

        14       proposal was we'll modify that consent that's

        15       written out.

        16                  Turns out most people thought they

        17       were writing out a consent but they're not.

        18       They're talking about giving authorization to

        19       bill the insurance provider.

        20                  So the question became, how do you

        21       make the consent more universal, how do you

        22       make the test more universal?  My

        23       recommendation had been do it in settings

        24       where there is, by statistics, a high

        25       incidence of people with HIV-positive results,



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         1       and that will address the majority part of the

         2       problem.

         3                  Instead, after a considerable

         4       amount of time, there has been what is in this

         5       bill, a requirement that an HIV test be

         6       offered by all primary care physicians in all

         7       healthcare settings.  That means we're not

         8       just talking about an emergency room, we're

         9       not just talking about an ambulatory care

        10       clinic, we're not talking about a regular

        11       clinic, we're talking about every visit in

        12       every doctor's office in this state when it's

        13       primary care, and that also includes

        14       gynecologists.

        15                  I just don't think the reach is

        16       appropriate.  And I would think perhaps a

        17       chapter amendment would be the best way

        18       possible in dealing with this in terms of

        19       limiting the scope and not going to the

        20       doctor's office or in terms of, as a

        21       compromise, having a short-term effective span

        22       for this requirement.

        23                  Because I just think that we are

        24       going to be surprising, maybe shocking people

        25       throughout this state when they go for their



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         1       primary care and the doctor has to say to

         2       them, "Hey, want an HIV test?"  And they're

         3       going to go, "Well, how do you get that?"  And

         4       then they're going to be pretty surprised.

         5                  The counter has been, well, it's

         6       very widespread, we're missing a lot of

         7       people.  My point would be this is

         8       overreaching.  The place where we're missing

         9       it tends to be in areas where there's been

        10       statistically a high level of HIV-positive

        11       results, and I think we should focus on that.

        12                  The other part is a little more

        13       philosophical about this testing.  We're

        14       trying to go in and say to a doctor, This is

        15       what you must do in terms of how you practice

        16       medicine.

        17                  I talked to a physician who called

        18       me yesterday, one of the best primary care

        19       physicians I've come across.  She's been

        20       serving in the community for years.  And she

        21       said, "What did it does it mean to offer?"

        22       And so I explained what the bill provides.

        23                  She said, "Well, wait a minute.

        24       Anytime I think it's appropriate, I talk the

        25       patient into getting an HIV test, and that's



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         1       fine."  I said, "No, no, this goes to you must

         2       do that in all cases."  And she said, "You

         3       know, I don't agree with that."  And that's

         4       the philosophical point of it.

         5                  We do deal with philosophy.  We do

         6       deal with people's health.  We do deal with

         7       people's lives.  And this is really a tough

         8       question, how I come about.  It's one of those

         9       bills where I think there's probably

        10       51 percent of the bill I like, there's

        11       49 percent of the bill I don't like.  I'll

        12       probably be voting in favor of it.  But it's

        13       just one of these troubling things.

        14                  It's not easy.  I've spoken at

        15       length with the sponsor.  I know this is not

        16       something that came about as a matter of just

        17       happenstance; it's been heavily negotiated.

        18                  And so those are my comments I

        19       wanted to put on the record.  Thank you,

        20       Mr. President.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Thank you, Senator Hannon.

        23                  Senator Duane, on the bill.

        24                  SENATOR DUANE:    Thank you,

        25       Mr. President.



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         1                  Really, the only thing that I want

         2       to say about this legislation -- and I would,

         3       of course, and I have spoken with many people

         4       over many years about this issue and the

         5       sincerity with which everyone wants to make

         6       sure that as many people as possible at risk

         7       are tested and get into treatment.

         8                  And from the bottom of my heart I

         9       want to thank Senator Hannon for his

        10       leadership, his partnership, his -- I would

        11       like everyone in this body to know the

        12       enormous respect with which I hold Senator

        13       Hannon for his work on this issue.  And that's

        14       really the thing that I feel at this time, at

        15       this moment, after -- as many of you know --

        16       many, many years being involved with this

        17       issue, Senator Hannon has been a shining light

        18       and an amazing leader, partner, and friend on

        19       this issue.

        20                  And thank you, Mr. President.  I do

        21       encourage everyone to vote aye.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Thank you, Senator Duane.

        24                  Any other Senators wishing to be

        25       heard on the bill?



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         1                  Seeing none, hearing none, the

         2       debate is closed.  The Secretary will please

         3       ring the bells.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 10.  This

         6       act shall take effect September 1, 2010.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Announce the results.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 1252, those recorded in the

        14       negative are Senators DeFrancisco, Farley,

        15       Flanagan, Golden, O. Johnson, LaValle,

        16       Maziarz, Nozzolio, Ranzenhofer and Seward.

        17                  Absent from voting:  Senators

        18       Bonacic, Fuschillo, Huntley, Leibell,

        19       Marcellino, Winner and Young.

        20                  Ayes, 42.  Nays, 10.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       The bill is passed.

        23                  The Secretary will continue to

        24       read.

        25                  THE SECRETARY:    Calendar Number



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         1       1257, by Senator Hassell-Thompson, Senate

         2       Print 8314, an act to amend the Executive Law

         3       and the State Finance Law.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Are there any Senators wishing to be heard on

         6       the bill?

         7                  Hearing none, the debate is closed.

         8       The Secretary will please ring the bells.

         9                  Read the last section.

        10                  THE SECRETARY:    Section 14.  This

        11       act shall take effect on the 90th day.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Call the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Announce the results.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 1257, those recorded in the

        19       negative are Senators DeFrancisco, Farley,

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

        21       Lanza, LaValle, Libous, Little, Maziarz,

        22       McDonald, Nozzolio, Padavan, Ranzenhofer,

        23       Saland, Seward, Skelos and Volker.

        24                  Absent from voting:  Senators

        25       Bonacic, Diaz, Fuschillo, Huntley, Leibell,



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         1       Marcellino, Winner and Young.

         2                  Ayes, 32.  Nays, 20.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The bill is passed.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Calendar Number

         8       1259, by Senator Klein, Senate Print 8316, an

         9       act to amend the Tax Law.

        10                  SENATOR NOZZOLIO:    Explanation.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Klein, an explanation has been

        13       requested by Senator Nozzolio.

        14                  SENATOR KLEIN:    Mr. President,

        15       this legislation just removes language which

        16       was in the enforcement provisions of the

        17       legislation that we passed last week which was

        18       part of the extender.

        19                  Evidently there were some people

        20       who were confused about some of the language,

        21       so we just removed any of the language that

        22       referred to a federal court stipulation or

        23       order.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Nozzolio.



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         1                  SENATOR NOZZOLIO:    Mr. President,

         2       on the bill.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Can we have some order in the chamber, please.

         5                  Senator Nozzolio, on the bill.

         6                  SENATOR NOZZOLIO:    Thank you,

         7       Mr. President.

         8                  Mr. President and my colleagues, I

         9       appreciate this measure coming before the

        10       house.  I do distinguish from the remarks of

        11       Senator Klein that some may have had a

        12       misimpression.  Frankly, I think many of us

        13       had the appropriate impression that the

        14       language enacted by this house earlier this

        15       week -- and it's hard to believe it's been a

        16       week.  It seems like it's been much longer

        17       than that.

        18                  But the language enacted by this

        19       house and I assume by the Assembly, the same

        20       language, was in fact language that told the

        21       public that the Governor would have full

        22       authority to negotiate all sorts of matters

        23       with Indians without the appropriate public

        24       review, without the appropriate legislative

        25       approval for those agreements.  And those



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         1       could be land claims, they could be issues

         2       regarding Indian taxation, it could be a whole

         3       list of the issues that are normally part and

         4       parcel of Indian nation issues in relation to

         5       New York State.

         6                  This legislation does take a step

         7       in the right direction to ensure that the

         8       public, through the elected representatives,

         9       are the final arbiters and approval process

        10       for any decisions and agreements made in

        11       Indian matters.

        12                  That I may remind this body it was

        13       a few governors ago when Governor Mario Cuomo

        14       entered into a compact with the Oneida Indians

        15       and established a casino.  That compact was

        16       never approved by this legislative body and,

        17       as such, has been fully questioned and

        18       appropriately scrutinized by the courts of

        19       this state.  And the agreement with the

        20       Oneidas and the State of New York is in severe

        21       doubt because of the lack of appropriate

        22       legislative approval.

        23                  Senator Klein's bill today I

        24       believe closes a significant loophole that was

        25       established earlier in the week by the law



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         1       that required Indian taxation and the issues

         2       related to the collection of that tax.

         3                  So I appreciate the sponsor's rapid

         4       review of this issue and the appropriate

         5       closure of the loophole so that ultimately

         6       whatever matters are discussed with Indian

         7       nations and the Governor of this state -- and

         8       what other agreements are put forward -- that

         9       this Legislature will have the appropriate

        10       scrutiny authority, and as such the public

        11       will have an opportunity to review those

        12       agreements before they become enacted into

        13       law.

        14                  Thank you, Mr. President.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Thank you, Senator Nozzolio.

        17                  Senator Valesky, on the bill.

        18                  SENATOR VALESKY:    Thank you,

        19       Mr. President, on the bill.  And very briefly,

        20       because my colleague Senator Nozzolio

        21       summarized the issue very well and very

        22       accurately.

        23                  I just want to thank Senator Klein

        24       for the speed with which he has brought this

        25       chapter amendment to Monday's bill to the



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         1       floor today.

         2                  And it is very simple.  This is

         3       ensuring that the elected representatives have

         4       an opportunity to weigh in on any compacts

         5       that the Governor of the State of New York

         6       would enter into with any Indian tribe across

         7       the state.

         8                  So I'm very supportive of the bill.

         9       Again, I want to thank my colleague Senator

        10       Klein for bringing this before us.  And I urge

        11       a yes vote.  Thank you.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Thank you, Senator Valesky.

        14                  Senator Volker, on the bill.

        15                  SENATOR VOLKER:    Mr. President,

        16       as somebody who has a lot of Indians in his

        17       district -- in fact, I have part of the Seneca

        18       reservation; Senator Young has the other

        19       part -- I'm actually very happy with this bill

        20       except for one thing.

        21                  It is my understanding, Senator

        22       Klein -- Senator Klein?  Excuse me.  Senator

        23       Klein, it is my understanding that the way the

        24       Legislature decides to confirm the Governor's

        25       decision or whatever is through a process that



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         1       is like the Regents process where the Assembly

         2       and the Senate meet together, rather than a

         3       separate process the way we normally do where

         4       the Senate meets and the Assembly meets.  Is

         5       that correct?

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator Volker, do you ask Senator Klein to

         8       yield?

         9                  SENATOR VOLKER:    Yeah, I'm sorry,

        10       I might as well ask him to yield.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Klein?

        13                  SENATOR KLEIN:    Mr. President,

        14       I'll be happy to yield.

        15                  The agreement that's stated in the

        16       text of the legislation, if an Indian nation

        17       or tribe enters into an agreement with the

        18       State and the Legislature approves such

        19       agreement, that agreement -- or I guess it

        20       would also be known as a compact -- would have

        21       to be approved by the Legislature, first the

        22       Assembly, then the Senate.  It would not be

        23       similar to the Regents.

        24                  We looked up the example of when we

        25       had a compact with the St. Regis Mohawk tribe.



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         1       And that was done by the Assembly and the

         2       Senate, both legislative houses.

         3                  SENATOR VOLKER:    Thank you,

         4       Senator.  I think that was my concern.  The

         5       rumor that I heard was that, you know, that we

         6       were going to do Regents-style agreements.

         7       And Senator LaValle and I in particular have a

         8       little problem with that.

         9                  But if that's the case, that each

        10       house has to approve it, then I have no

        11       problem.  Then I'm going to vote yes.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Thank you, Senator Volker.

        14                  Any other Senators wish to be heard

        15       on the bill?

        16                  Hearing none, debate is closed.

        17       The Secretary will ring the bells.  I ask all

        18       Senators to please return to the chamber for

        19       the vote.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect on the same date and in

        23       the same manner as Part D.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Announce the results.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1259, those recorded in the

         6       negative are Senators Adams, Dilan,

         7       Hassell-Thompson, L. Krueger, Maziarz,

         8       Montgomery, Parker, Perkins and

         9       Stewart-Cousins.

        10                  Absent from voting:  Senators

        11       Bonacic, Diaz, Fuschillo, Huntley, Marcellino,

        12       Winner and Young.

        13                  Ayes, 43.  Nays, 9.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The bill is passed.

        16                  Senator Klein, that completes the

        17       reading of the controversial supplemental

        18       calendar.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President,

        21       can we please stand at ease briefly while the

        22       Minority conferences the Rules agenda.  Then

        23       our hope is to come out and take up the

        24       noncontroversial calendar.

        25                  So let's all be back here at 2:30.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Libous.

         3                  SENATOR LIBOUS:    There will be an

         4       immediate Republican conference.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       There will be an immediate Republican

         7       conference in the Republican conference room.

         8                  Until then, the Senate will stand

         9       at ease.

        10                  (Whereupon, the Senate stood at

        11       ease at 2:03 p.m.)

        12                  (Whereupon, the Senate reconvened

        13       at 2:48 p.m.)

        14                  ACTING PRESIDENT SAVINO:    Senator

        15       Klein.

        16                  SENATOR KLEIN:    Madam President,

        17       can we please call a Rules Committee meeting

        18       in the Majority Conference Room.

        19                  Pending the return of the Rules

        20       Committee, may we please stand at ease.

        21                  ACTING PRESIDENT SAVINO:    There

        22       will be an immediate meeting of the Rules

        23       Committee in the Majority Conference Room.

        24                  Pending the return of the Rules

        25       Committee, the Senate will stand at ease.



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         1                  (Whereupon, the Senate stood at

         2       ease at 2:49 p.m.)

         3                  (Whereupon, the Senate reconvened

         4       at 3:16 p.m.)

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Klein.

         7                  SENATOR KLEIN:    Mr. President,

         8       can we briefly return to motions and

         9       resolutions.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Returning to motions and resolutions.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, on

        14       behalf of Senator Foley, on page number 34 I

        15       offer the following amendments to Calendar

        16       Number 1137, Senate Print Number 7137A, and

        17       ask that said bill retain its place on the

        18       Third Reading Calendar.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Amendments received.

        21                  SENATOR KLEIN:    On behalf of

        22       Senator Dilan, on page 33 I offer the

        23       following amendments to Calendar Number 1098,

        24       Senate Print Number 1103, and ask that said

        25       bill retain its place on Third Reading



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         1       Calendar.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Amendments received.

         4                  SENATOR KLEIN:    On behalf of

         5       Senator Foley, on page 33 I offer the

         6       following amendments to Calendar Number 1021,

         7       Senate Print Number 7263B, and ask that said

         8       bill retain its place on Third Reading

         9       Calendar.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Amendments received.

        12                  SENATOR KLEIN:    On behalf of

        13       Senator Savino, I wish to call up Print Number

        14       5953, recalled from the Assembly, which is now

        15       at the desk.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1088, by Senator Savino, Senate Print 5953, an

        20       act to amend the Real Property Tax Law.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, I

        24       now move to reconsider the vote by which this

        25       bill was passed.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Call the roll on reconsideration.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, I

         8       now offer the following amendments.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Amendments received.

        11                  SENATOR KLEIN:    Mr. President, on

        12       behalf of Senator Squadron, on page number 32

        13       I offer the following amendments to Calendar

        14       Number 986, Senate Print Number 7855A, and ask

        15       that said bill retain its place on Third

        16       Reading Calendar.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Amendments received.

        19                  SENATOR KLEIN:    On behalf of

        20       Senator Addabbo, I move to recommit Senate

        21       Print Number 5442, Calendar Number 635 on

        22       order of third reading, to the Committee on

        23       Cities, with instructions to said committee to

        24       strike out the enacting clause.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       So ordered.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    On behalf of

         4       Senator Valesky, I wish to call up Print

         5       Number 6780, recalled from the Assembly, which

         6       is now at the desk.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The Secretary will read the title.

         9                  THE SECRETARY:    Calendar Number

        10       184, by Senator Valesky, Senate Print 6780, an

        11       act to amend the Agriculture and Markets Law.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Klein.

        14                  SENATOR KLEIN:    Mr. President, I

        15       now move to reconsider the vote by which this

        16       bill was passed.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The Secretary will call the roll on

        19       reconsideration.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 60.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, I

        25       now offer the following amendments.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Amendments received.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Mr. President,

         5       staying on motions and resolutions, I move

         6       that we pass the Resolution Calendar in its

         7       entirety, with the exception of Senate

         8       Resolutions 6244, 6245, 6246, 6247 and 6287.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       All those in favor of adopting the Resolution

        11       Calendar in its entirety, with the exception

        12       of Senate Resolutions 6244, 6245, 6246, 6247,

        13       and 6287, please signify by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The Resolution Calendar is adopted.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, at

        22       this time I move to take up Senate Resolution

        23       Number 6287, by Senators Farley and McDonald.

        24       I ask that the resolution be read in its

        25       entirety and move for its immediate adoption.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The Secretary will read.

         3                  THE SECRETARY:    By Senators

         4       Farley and McDonald, Senate Resolution 6287,

         5       mourning the untimely death of Private First

         6       Class David Taylor Miller of Wilton, New York,

         7       and paying tribute to his courageous actions

         8       as a member of the United States Army.

         9                  "WHEREAS, The courage and bravery

        10       of our military personnel since the United

        11       States Armed Forces commenced Operation Iraqi

        12       Freedom will ensure our continued role as a

        13       nation which embodies the ideals of democracy,

        14       and as a defender of liberty for people

        15       throughout the world; and

        16                  "WHEREAS, Members of the armed

        17       services from the State of New York who have

        18       served so valiantly and honorably during

        19       Operation Enduring Freedom deserve a special

        20       salute from this Legislative Body; and

        21                  "WHEREAS, It is with feelings of

        22       deepest regret that this Legislative Body

        23       mourns the untimely death of Private First

        24       Class David Taylor Miller of Wilton, New York,

        25       and pays tribute to his courageous actions as



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         1       a member of the United States Army; and

         2                  "WHEREAS, PFC David Taylor Miller

         3       was killed by a suicide bombing on Monday,

         4       June 21, 2010, when he and another soldier

         5       were on security checkpoints in the province

         6       of Kunar in Afghanistan.  Always thinking of

         7       others, he asked to switch his two-week leave

         8       to a later date so a fellow soldier could go

         9       home and meet his newborn son; and

        10                  "WHEREAS, This brave soldier, known

        11       as 'Taylor' to his friends and family,

        12       graduated from Saratoga Springs High School in

        13       2009.  He had moved to Wilton from his

        14       hometown of Amherst, Virginia, during his

        15       sophomore year; and

        16                  "WHEREAS, He was a lineman for the

        17       Saratoga Springs Blue Streaks Varsity Football

        18       Team for two years; and

        19                  "WHEREAS, The son of a Marine,

        20       PFC David Taylor Miller joined the United

        21       States Army right out of high school in July

        22       of 2009.  He was deployed to Afghanistan in

        23       April 2010; and

        24                  "WHEREAS, PFC David Taylor Miller

        25       was deployed to Afghanistan in April of 2010,



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         1       serving as a designated marksman with the

         2       101st Airborne Division; and

         3                  "WHEREAS, He is survived by his

         4       parents, Leslie and Jesse Miller, and his

         5       sister, Victoria Ferguson; and

         6                  "WHEREAS, The banner of freedom

         7       will always wave over our beloved New York and

         8       all of America, the Land of the Free and the

         9       Home of the Brave; and

        10                  "WHEREAS, Residents of this great

        11       state must never forget the courage with which

        12       these men and women served their country, and

        13       must recognize that no greater debt is owed

        14       than that owed to those who gave their lives

        15       for their beloved nation and to those who

        16       continue to be missing in action; and

        17                  "WHEREAS, The freedoms and security

        18       we cherish as Americans come at a very high

        19       price for those serving in the military in

        20       times of conflict.  It is fitting and proper

        21       that we who are the beneficiaries of those who

        22       risk their lives, leaving their families

        23       behind, express our appreciation and eternal

        24       gratitude for their sacrifices and courageous

        25       acts; now, therefore, be it



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         1                  "RESOLVED, That this Legislative

         2       Body pause in its deliberations to mourn the

         3       untimely death of PFC David Taylor Miller of

         4       Wilton, New York, and to pay tribute to his

         5       courageous actions as a member of the United

         6       States Army; and be it further

         7                  "RESOLVED, That a copy of this

         8       resolution, suitably engrossed, be transmitted

         9       to the family of PFC David Taylor Miller."

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Farley.

        12                  SENATOR FARLEY:    Thank you,

        13       Mr. President.

        14                  Let me just say this is the third

        15       time this week that we have mourned the loss

        16       of a young man, 19 years of age.  You know,

        17       it's so sad when you think of -- he was called

        18       Taylor, David Taylor Miller -- Taylor gave up

        19       his leave to come home to see his family so

        20       that a friend of his, his buddy, could visit

        21       his newborn son.

        22                  This young man was killed by a

        23       suicide bomber at a checkpoint and gave up his

        24       life.

        25                  Now, at 19 years of age and he's



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         1       going to be buried in Arlington National

         2       Cemetery in Virginia.  He originally came from

         3       Virginia.  He lives in the town of Wilton,

         4       which is in my district -- where Senator

         5       McDonald lived for many years and was the

         6       supervisor -- but went to Saratoga Springs

         7       High School and was an outstanding football

         8       player and so forth.

         9                  And it's interesting on July 4th

        10       that the City of Saratoga Springs, for their

        11       annual Fourth of July weekend celebration,

        12       will dedicate their entire weekend celebration

        13       to Taylor Miller.

        14                  You know, it is so sad -- and

        15       Senator Maziarz just lost a constituent this

        16       week, and Senator Little lost a constituent

        17       this week -- it is so sad what is going on in

        18       our world today.  But I would ask that all of

        19       my colleagues in this house mourn the death of

        20       Taylor Miller because of all that he's given

        21       for our country.  And what a fine young man

        22       that he thought of others before he thought of

        23       himself.

        24                  And with that, I would yield the

        25       floor to my colleague Senator McDonald, who



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         1       would like to speak on this also.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator McDonald.

         4                  SENATOR McDONALD:    Thank you,

         5       Mr. President.  Thank you, Senator Farley.

         6       Thank you, New York State Senate.

         7                  This is certainly a sad time, our

         8       third this week.  I know all my colleagues

         9       from all over this great state have been going

        10       through this.

        11                  There's a sadness that's almost

        12       incomprehensible if you're a parent.  In my

        13       life, I've evolved from a soldier to a parent

        14       to a grandparent.  You not only think of this

        15       wonderful soldier, so many of them -- men and

        16       women, all over the place -- you think of

        17       their family members right now, the sadness in

        18       their hearts.

        19                  I don't know what the answer is.

        20       As a former soldier, I know one thing:  It's

        21       nice to have the people back home carrying

        22       about them.

        23                  I'm proud of this Senate and this

        24       state because they do care about our soldiers.

        25       I'm proud of the soldiers.  When I read the



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         1       newspapers throughout the state, New York City

         2       papers upstate, it's amazing to see the

         3       diversity of our military -- men, women,

         4       Hispanics, African-Americans, upstate,

         5       downstate.  One thing in common:  They love

         6       this country so much they're willing to leave

         7       it to protect it.

         8                  So we have kind of a special

         9       responsibility, and I know we're all up for

        10       it, and that is to take care of them, the ones

        11       that survive and come back, and to be there

        12       for their family structures, like now.  It's a

        13       tough challenge.  Other generations of

        14       Americans have had to do it.  And I'm sure

        15       that future generations will have to do it.

        16                  It is without question one of the

        17       saddest things that I've ever been involved

        18       with.  And I'm just amazed that there's so

        19       many men and women throughout this great

        20       country and state that are willing to do that

        21       for us.

        22                  So thank you for letting me have

        23       the opportunity to express that.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Thank you, Senator McDonald.



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         1                  Senator Farley.

         2                  SENATOR FARLEY:    I'd like to open

         3       up this resolution to all members of the

         4       house, if they would choose to be on it.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The resolution honoring David Taylor Miller

         7       will be open to all members of the Senate.  If

         8       you do not wish to be on the resolution,

         9       please contact the desk.

        10                  I also ask, on behalf of the memory

        11       of David Taylor Miller, to have all members

        12       and all those within the chamber to please

        13       rise for a moment of silence in David Taylor

        14       Miller's honor.

        15                  (Whereupon, the assemblage

        16       respected a moment of silence.)

        17                  SENATOR FARLEY:    Thank you very

        18       much, Mr. Chair.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Thank you, Senator Farley.  Thank you, Senator

        21       McDonald.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, I

        24       believe Senator Valesky has a resolution at

        25       the desk --



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       I'm sorry, Senator Klein.  We actually have to

         3       vote on the resolution, if you wouldn't mind.

         4                  All those in favor of the

         5       resolution please indicate by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The resolution is adopted.

        12                  Again, to repeat, Senator Farley

        13       does open up the resolution for sponsorship.

        14       Those who do not wish to be on the resolution

        15       please contact the desk.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Mr. President, I

        18       believe Senator Valesky has a resolution at

        19       the desk.  I ask that the title of the

        20       resolution be read and move for its immediate

        21       adoption.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Klein, has this resolution been deemed

        24       privileged and submitted by the office of the

        25       Temporary President?



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         1                  SENATOR KLEIN:    Yes, it has,

         2       Mr. President.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The Secretary will read the title only.

         5                  THE SECRETARY:    By Senators

         6       Valesky and DeFrancisco, legislative

         7       resolution honoring Colonel Anthony B. Basile

         8       a upon the occasion of his retirement as Chief

         9       of Staff of the New York Air National Guard,

        10       to be celebrated July 1, 2010.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The question is on the resolution.  All those

        13       in favor please signify by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The resolution is adopted.

        20                  Senator Valesky has also indicated

        21       that he would like to open the resolution up

        22       for cosponsorship.  Any Senator not wishing to

        23       be on the resolution please notify the desk.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, I



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         1       believe there's a report of the Rules

         2       Committee at the desk.  I move that we adopt

         3       the report at this time.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Klein, there is a report of the Rules

         6       Committee at the desk.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Senator Smith,

         9       from the Committee on Rules, reports the

        10       following bills:

        11                  Senate Print 756, by Senator

        12       LaValle, an act to amend the Environmental

        13       Conservation Law;

        14                  Senate Print 1156B, by Senator

        15       Thompson, an act to amend the Vehicle and

        16       Traffic Law;

        17                  Senate Print 2245B, by Senator

        18       Onorato, an act to amend the Labor Law;

        19                  Senate Print 4050, by Senator

        20       Hannon, an act to authorize the assessor of

        21       the County of Nassau;

        22                  Senate Print 4410A, by Senator

        23       O. Johnson, an act to authorize the West Islip

        24       Union Free School District to file an

        25       application;



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         1                  Senate Print 5342A, by Senator

         2       Morahan, an act to authorize the Congregation

         3       Mesifta Beth Shraga to file an application;

         4                  Senate Print 6291, by Senator

         5       Espada, an act to amend the Social Services

         6       Law;

         7                  Senate Print 6356B, by Senator

         8       Saland, an act to amend the General Business

         9       Law;

        10                  Senate Print 6694B, by Senator

        11       Skelos, an act to authorize the assessor of

        12       the County of Nassau;

        13                  Senate Print 6766, by Senator

        14       Farley, an act to authorize the Tabernacle of

        15       New Hope to file an application;

        16                  Senate Print 6928B, by Senator

        17       Klein, an act to amend the Education Law;

        18                  Senate Print 7022B, by Senator

        19       Adams, an act to amend the Penal Law;

        20                  Senate Print 7447A, by Senator

        21       Foley, an act authorizing certain school

        22       districts;

        23                  Senate Print 7681A, by Senator

        24       Young, an act to validate certain acts of the

        25       Fredonia Central School District;



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         1                  Senate Print 7863A, by Senator

         2       Espada, an act to amend the Public Officers

         3       Law;

         4                  Senate Print 7934B, by Senator

         5       Ranzenhofer, an act authorizing the County of

         6       Erie to transfer;

         7                  Senate Print 7951, by Senator

         8       Dilan, an act to amend the Vehicle and Traffic

         9       Law;

        10                  Senate Print 7953, by Senator

        11       Peralta, an act to amend the Executive Law;

        12                  Senate Print 8119A, by Senator

        13       Adams, Concurrent Resolution of the Senate and

        14       Assembly proposing an amendment;

        15                  Senate Print 8121, by Senator

        16       Fuschillo, an act to authorize the

        17       Commissioner of General Services;

        18                  Senate Print 8122A, by Senator

        19       Klein, an act to amend the Executive Law;

        20                  Senate Print 8124, by Senator C.

        21       Johnson, an act to amend the Public

        22       Authorities Law;

        23                  Senate Print 8156, by Senator

        24       Smith, an act to amend the Education Law;

        25                  Senate Print 8213, by Senator



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         1       Dilan, an act to amend the Vehicle and Traffic

         2       Law;

         3                  Senate Print 8221A, by Senator

         4       Breslin, an act authorizing the lease of

         5       lands;

         6                  Senate Print 8257, by Senator

         7       C. Kruger, an act to amend Chapter 95 of the

         8       Laws of 2000;

         9                  And Senate Print 8324, by Senator

        10       Stachowski, an act to amend the Erie County

        11       Tax Act.

        12                  All bills ordered direct to third

        13       reading.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       All those in favor of adopting the Rules

        16       Committee report please signify by saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       The Rules Committee report is adopted.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, at

        25       this time can we please go to a reading of



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         1       Senate Supplemental Calendar 71B.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The Secretary will read.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1218, Senator LaValle moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 2294 and substitute it

         8       for the identical Senate Bill Number 756,

         9       Third Reading Calendar 1218.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       1218, by Member of the Assembly Thiele,

        14       Assembly Print Number 2294, an act to amend

        15       the Environmental Conservation Law.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Announce the results.

        25                  THE SECRETARY:    Ayes, 60.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1238, by Senator Thompson, Senate Print 1156B,

         5       an act to amend the Vehicle and Traffic Law.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

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

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect January 1, 2011.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Announce the results.

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1260, by Senator Onorato --

        21                  SENATOR LIBOUS:    Lay it aside.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is laid aside.

        24                  SENATOR KLEIN:    Lay it aside for

        25       the day, please.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The bill is laid aside for the day.

         3                  THE SECRETARY:    Calendar Number

         4       1261, by Senator Hannon, Senate Print 4050, an

         5       act to authorize the assessor of the County of

         6       Nassau.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Announce the results.

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1262, by Senator O. Johnson, Senate Print

        21       4410A, an act to authorize the West Islip

        22       Union Free School District.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Read the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Announce the results.

         7                  THE SECRETARY:    Ayes, 60.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 1263, Senator Morahan moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 7924A and substitute it

        14       for the identical Senate Bill Number 5342A,

        15       Third Reading Calendar 1263.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Substitution ordered.

        18                  THE SECRETARY:    Calendar Number

        19       1263, by Member of the Assembly Zebrowski,

        20       Assembly Print Number 7924A, an act to

        21       authorize the Congregation Mesifta Beth

        22       Shraga.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Read the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Call the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Announce the results.

         7                  THE SECRETARY:    Ayes, 60.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1264, by Senator Espada, Senate Print --

        12                  SENATOR KLEIN:    Lay the bill

        13       aside for the day, please.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The bill is laid aside for the day.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 1265, Senator Saland moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 9223C and substitute it

        20       for the identical Senate Bill Number 6356B,

        21       Third Reading Calendar 1265.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number

        25       1265, by Member of the Assembly Fields,



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         1       Assembly Print Number 9223C, an act to amend

         2       the General Business Law.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Read the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the 90th day.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Saland, to explain his vote.

        12                  SENATOR SALAND:    Very briefly,

        13       Mr. President.

        14                  This bill would prohibit the

        15       manufacture and sale here in New York of

        16       unsafe cribs as defined by really federal

        17       standards, the Federal Consumer Safety

        18       Commission.  And it's particularly timely.

        19                  And the reason I rise is because

        20       yesterday there was an announcement of some

        21       2 million drop-side cribs being recalled.  So

        22       certainly it's more than fortuitous that we

        23       would be passing this bill at this time.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Senator Saland to be recorded in the

         2       affirmative.

         3                  Announce the results.

         4                  THE SECRETARY:    Ayes, 60.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 1266, Senator Skelos moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 6241C and substitute it

        11       for the identical Senate Bill Number 6694B,

        12       Third Reading Calendar 1266.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       1266, by Member of the Assembly Barra,

        17       Assembly Print Number 6241C, an act to

        18       authorize Gibson Meeting Halls, Inc.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Call the roll.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1267, by Senator Farley, Senate Print 6766, an

         8       act to authorize the Tabernacle of New Hope.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1268, by Senator Klein --

        23                  SENATOR KLEIN:    Lay the bill

        24       aside for the day, please.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       The bill is laid aside for the day.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 1269, Senator Adams moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 10058B and substitute it

         6       for the identical Senate Bill Number 7022B,

         7       Third Reading Calendar 1269.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Substitution ordered.

        10                  THE SECRETARY:    Calendar Number

        11       1269, by Member of the Assembly Lancman,

        12       Assembly Print Number 10058B, an act to amend

        13       the Penal Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 60.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1270, by Senator Foley --

         3                  SENATOR KLEIN:    Lay the bill

         4       aside for the day, please.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The bill is laid aside for the day.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 1271, Senator Young moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 10798A and substitute it

        11       for the identical Senate Bill Number 7681A,

        12       Third Reading Calendar 1271.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Substitution ordered.

        15                  THE SECRETARY:    Calendar Number

        16       1271, by Member of the Assembly Parment,

        17       Assembly Print Number 10798A, an act to

        18       validate certain acts.

        19                  GETRIDDOFMETOOPLEASE:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Call the roll.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1272, Senator Espada --

         8                  SENATOR KLEIN:    Lay the bill

         9       aside for the day, please.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Klein, we'll continue the substitution

        12       and then we'll lay the bill aside for the day.

        13                  THE SECRETARY:    Senator Espada

        14       moves to discharge, from the Committee on

        15       Rules, Assembly Bill Number 11389 and

        16       substitute it for the identical Senate Bill

        17       Number 7863A, Third Reading Calendar 1272.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Substitution ordered.

        20                  The bill is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       1273, by Senator Ranzenhofer, Senate Print

        23       7934B, an act authorizing the County of Erie.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

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



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         1                  Read the last section.

         2                  THE SECRETARY:    Section 5.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 60.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1274, by Senator Dilan, Senate Print 7951, an

        14       act to amend the Vehicle and Traffic Law and

        15       the Penal Law.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Read the last section.

        18                  THE SECRETARY:    Section 7.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Announce the results.

        25                  THE SECRETARY:    Ayes, 60.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The bill is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 1275, Senator Peralta --

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is laid aside for the day.

         9                  Oh, one more time, sorry.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 1275, Senator Peralta moves to

        12       discharge, from the Committee on Finance,

        13       Assembly Bill Number 10894 and substitute it

        14       for the identical Senate Bill Number 7953,

        15       Third Reading Calendar 1275.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Substitution ordered.

        18                  The bill is laid aside for the day.

        19                  THE SECRETARY:    Calendar Number

        20       1276, by Senator Adams, Senate Print --

        21                  SENATOR KLEIN:    Lay the bill

        22       aside for the day, please.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is laid aside for the day.

        25                  THE SECRETARY:    Calendar Number



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         1       1277, by Senator Fuschillo, Senate Print

         2       8121 --

         3                  SENATOR KLEIN:    Lay it aside for

         4       the day, please.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The bill is laid aside for the day.

         7                  THE SECRETARY:    Calendar Number

         8       1278, by Senator Klein, Senate Print 8122A, an

         9       act to amend the Executive Law.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Klein, to explain his vote.

        19                  SENATOR KLEIN:    I'll be very

        20       brief, Mr. President.

        21                  This is a piece of legislation that

        22       came out of the Task Force on Government

        23       Efficiency dealing with improper payments.

        24       This is modeled after federal legislation

        25       which was very successful that would require



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         1       state agencies to spend over $20 million to

         2       identify programs that are at risk of a

         3       significant amount of improper payments.

         4                  This is, I think, a way, once we

         5       get this into effect, of really providing a

         6       lot more transparency, efficiency in

         7       government, and ultimately saving the

         8       taxpayers millions upon millions of dollars.

         9       So of course I vote yes Mr. President.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Klein to be recorded in the

        12       affirmative.

        13                  Announce the results.

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1279, by Senator C. Johnson, Senate Print

        19       8124, an act to amend the Public Authorities

        20       Law.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 60.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 1280, Senator Smith moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 11404 and substitute it

        12       for the identical Senate Bill Number 8156,

        13       Third Reading Calendar 1280.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Substitution ordered.

        16                  THE SECRETARY:    Calendar Number

        17       1280, by the Assembly Committee on Rules,

        18       Assembly Bill Number 11404, an act to amend

        19       the Education Law.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Read the last section.

        22                  SENATOR KLEIN:    Lay it aside for

        23       the day, please.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The bill is laid aside for the day.



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         1                  THE SECRETARY:    Calendar Number

         2       1281, by Senator Dilan, Senate Print 8213, an

         3       act to amend the Vehicle and Traffic Law.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Read the last section.

         6                  SENATOR KLEIN:    Lay it aside for

         7       the day, please.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is laid aside for the day.

        10                  THE SECRETARY:    Calendar Number

        11       1282, by Senator Breslin, Senate Print 8221A,

        12       an act to authorizing the lease of lands.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Read the last section.

        15                  THE SECRETARY:    Section 15.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 1283, Senator C. Kruger moves

         2       to discharge, from the Committee on Rules,

         3       Assembly Bill Number 11326 and substitute it

         4       for the identical Senate Bill Number 8257,

         5       Third Reading Calendar 1283.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       1283, by the Assembly Committee on Rules,

        10       Assembly Print 11326, an act to amend

        11       Chapter 95 of the Laws of 2000.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 60.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is passed.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 1284, Senator Stachowski moves



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         1       to discharge, from the Committee on Local

         2       Government, Assembly Bill Number 7385A and

         3       substitute it for the identical Senate Bill

         4       Number 8324, Third Reading Calendar 1284.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Substitution ordered.

         7                  THE SECRETARY:    Calendar Number

         8       1284, by Member of the Assembly Gabryszak,

         9       Assembly Print Number 7385A, an act to amend

        10       the Erie County Tax Act.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Announce the results.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 1284, those recorded in the

        22       negative are Senators Golden, Ranzenhofer and

        23       Saland.  Also Senators Hannon and Griffo.

        24                  Ayes, 55.  Nays, 5.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       The bill is passed.

         2                  Senator Klein, that completes the

         3       reading of the noncontroversial supplemental

         4       calendar.

         5                  SENATOR KLEIN:    Mr. President, at

         6       this time can we take up the very short

         7       supplemental active list.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       782, by Senator Onorato, Senate Print 5847F,

        12       an act to amend the Labor Law.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Klein.

        15                  SENATOR KLEIN:    Mr. President, is

        16       there a message of necessity at the desk?

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Klein, there is a message of necessity

        19       at the desk.

        20                  SENATOR KLEIN:    Mr. President, I

        21       move that we accept the message at this time.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The question is on the acceptance of the

        24       message of necessity.  All those in favor

        25       please signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The message is accepted.

         7                  The Secretary will read the last

         8       section.

         9                  THE SECRETARY:    Section 5.  This

        10       act shall take effect on --

        11                  SENATOR LIBOUS:    Lay the bill

        12       aside.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The bill is laid aside.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President,

        17       can we now go to a reading of the

        18       controversial supplemental active list.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The Secretary will ring the bell.  Members are

        21       all asked to come to the chamber for a reading

        22       of the controversial supplemental calendar.

        23                  The Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       782, by Senator Onorato, Senate Print 5847F,



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         1       an act to amend the Labor Law.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Saland.

         4                  SENATOR SALAND:    Thank you,

         5       Mr. President.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator Saland, on the bill?

         8                  SENATOR SALAND:    Yeah, on the

         9       bill.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Saland, on the bill.

        12                  SENATOR SALAND:    Mr. President,

        13       in reading the legislative intent, it's

        14       certainly clear what is being attempted to be

        15       done here.  And the legislative intent section

        16       dwells at some length on recent studies of

        17       New York City's construction industry and

        18       talks about abuses that are occurring in

        19       New York City's construction industry and then

        20       goes on to apply statewide a standard for

        21       determining who shall be an independent

        22       contractor.

        23                  And as I look at those standards,

        24       there are two alternative sections, one under

        25       Section 861C, which specifically says any



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         1       person performing services for a contractor

         2       shall be classified as an employee unless the

         3       person is a separate business entity under

         4       subdivision 2 of this section or all the

         5       following criteria are met, and it goes on to

         6       list the criteria.

         7                  But when I look at Section 2, one

         8       of the things -- and again, I'll emphasize the

         9       difference between perhaps major construction

        10       jobs in New York City and smaller jobs that

        11       may occur in communities such as those that I

        12       represent.  But one of the criteria, and it

        13       goes from A through L -- and I assume

        14       that's -- I won't assume, that's 12 separate

        15       criteria each of which have to be met.

        16                  One of them, in order to establish

        17       that you are an independent contractor, the

        18       business entity must have a substantial

        19       investment of capital in the business entity

        20       beyond ordinary tools and equipment and a

        21       personal vehicle.

        22                  Now, many of the independent

        23       contractors in my area are one-man operations,

        24       perhaps two-person operations, and they get by

        25       by working at any number of different sites.



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         1       And in the course of doing that, they probably

         2       have a pickup truck and they probably have a

         3       bin in the back of their pickup truck where

         4       they store their tools, and that's pretty much

         5       their capital investment.

         6                  We're not talking about major

         7       companies here.  We're not talking about

         8       people who have big-time offices with

         9       conference rooms.  And we're not talking about

        10       people who may have a large space where they

        11       store materials or the like.  These are folks

        12       who in many instances are merely trying

        13       sustain themselves.  So that immediately

        14       presents an enormous problem for any number of

        15       small entrepreneurs in my district.

        16                  Then it goes on to say that the

        17       business entity perform services for the

        18       contractor under the business entity's name.

        19       Now, I'm not quite sure if that means in the

        20       absence of either an LLC, a corporation, or a

        21       d/b/a, an assumed name, if Tom Jones isn't

        22       sophisticated enough to form an LLC and just

        23       goes out and works on the job site as a

        24       carpenter or a plumber or an electrician, that

        25       because he doesn't have a business name that



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         1       somehow or other he's prejudiced.

         2                  And the fact that that individual,

         3       this one or perhaps two-person operation, may

         4       do what is lawfully expected of him and secure

         5       workers' compensation insurance as a sole

         6       proprietor or partnership, is not binding on

         7       any determination.

         8                  So you take some little guy or

         9       little gal who's out there trying to make a

        10       living, trying to scrape by, taking any job

        11       that might be available in order to do this,

        12       perhaps occasionally working as an independent

        13       contractor on a particular job site -- and

        14       they're complying with the law.  They've got

        15       workers' compensation.  And one of the things

        16       you would think they would attempt to use to

        17       establish that in fact they are legitimately

        18       in business -- and this says if they do that,

        19       it doesn't matter.

        20                  Now, I understand the desire to

        21       punish those who violate the law, and they

        22       certainly should be punished.  I understand

        23       the efforts to try and inject an element of

        24       wilfulness into this.  But this has been cast

        25       with such a broad brush that you are



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         1       effectively going to take, in what is already

         2       a horrid economy, a number of people who are

         3       desperately trying to sustain themselves by

         4       the sweat of their labor -- their hands, their

         5       tools, their pickup truck -- and basically say

         6       you can't work on a job site as an independent

         7       contractor, that's not going to be permitted

         8       to you, so you'd better confine yourselves to

         9       another universe, you'd better limit

        10       yourselves to looking for odd jobs, working at

        11       one or another residence or building because

        12       you by definition are incapable of being an

        13       independent contractor.

        14                  And the cards have been stacked,

        15       stacked so high and so badly that it greatly

        16       prejudices any number -- and I couldn't even

        17       begin to hazard a guess.  And I assume it

        18       would be true in many areas upstate.

        19                  To the extent that there's a

        20       significant problem in the city, and to the

        21       extent that you want to punish those who are

        22       wilfully in violation, then by all means they

        23       should be punished.  But this should not have

        24       been crafted in such a blunderbuss fashion and

        25       certainly should have been cognizant of those



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         1       who are struggling to make a living, who are

         2       barely getting by, and who desperately are

         3       looking for work and do from time to time, in

         4       that capacity, find themselves working on

         5       larger job sites as either an independent

         6       contractor or perhaps a subcontractor.

         7                  I would hope that the sponsor, who

         8       I know certainly is a keen advocate as the

         9       chairman of the Labor Committee, might

        10       consider some way in which to take into

        11       consideration some of the points I've just

        12       raised and before, in fact, this session is

        13       over, which is just around the corner, might

        14       look at some means by which to address those

        15       issues.

        16                  Thank you.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Ranzenhofer.

        19                  SENATOR RANZENHOFER:    Thank you,

        20       Mr. President.

        21                  I share many of the concerns that

        22       were expressed by Senator Saland.  And it

        23       appears that the intent of the legislation is

        24       focused mainly on a problem that is occurring

        25       in New York City.



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         1                  But what is actually going to

         2       happen here, by casting such a wide net to try

         3       to deal with a problem in New York City, in my

         4       area in Western New York it's going to be very

         5       hurtful to the small businessman or woman that

         6       right now serves as an independent contractor.

         7                  It's also going to be

         8       disproportionately impacting and negatively

         9       impacting minority- and women-owned

        10       businesses, because many of them are the

        11       smaller companies not yet at the larger stage,

        12       and will have a real bad affect on women- and

        13       minority-owned businesses.

        14                  One of the problems that you have

        15       here, as Senator Saland said, is that you have

        16       companies that are two, five, six, and this is

        17       really going to shut them out of the

        18       construction industry.  They need to rely on

        19       not only working on big jobs but working on

        20       small jobs.  And when you craft this

        21       legislation, it's just so onerous that these

        22       people are no longer going to be able to work

        23       on the types of jobs which they've been

        24       working on and they're struggling to work on,

        25       because there aren't that many jobs.



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         1                  One of the things that also

         2       concerns me is the way, in the legislation,

         3       you defined wilfulness.  And the way it's

         4       defined is that you knew or should have known

         5       that the conduct was prohibited.  And that

         6       seems more like oversight and making a mistake

         7       than intentionally going out.

         8                  I agree that someone who is

         9       deliberately cheating the system ought to be

        10       punished.  But the definition that you have

        11       here is going to capture the person who is not

        12       knowledgeable, who is not a lawyer.  And the

        13       penalties that have been assessed are really,

        14       really rather extreme, especially for Western

        15       New York.

        16                  The first thing is that -- and I

        17       haven't seen much of this -- is that you're

        18       now criminalizing this type of behavior.  And

        19       a person who is guilty of this section can now

        20       go to jail.  So what you're doing is you're

        21       taking a businesswomen or woman and you're

        22       putting them in the same category as someone

        23       who is convicted of drunk driving and kills

        24       somebody, someone who has committed a criminal

        25       offense.  The businessman, the businesswoman



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         1       is now in that same category, and they can

         2       find themselves in jail.  Obviously if they

         3       could themselves in jail, they're not going to

         4       have a company that exists any longer.

         5                  Also some of the penalties here,

         6       $25,000, $50,000 for some of these violations,

         7       that may be more than the contractor makes in

         8       a year.  And yet a penalty of $50,000 is going

         9       to be imposed on that particular individual.

        10                  I understand what the intent is

        11       behind this.  The intent is admirable.  But

        12       the way that the law is crafted in terms of

        13       criminalizing what I believe to be mistakes

        14       really is going to hurt small business in my

        15       area.

        16                  Thank you.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Thank you, Senator Ranzenhofer.

        19                  Senator Savino, on the bill.

        20                  SENATOR SAVINO:    Thank you,

        21       Mr. President.

        22                  First I want to congratulate

        23       Senator Onorato for bringing this bill through

        24       and getting it to the floor, and also for the

        25       support of the Governor's office and the



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         1       Assembly, who worked on this.

         2                  The misclassification of workers in

         3       the construction industry is a problem not

         4       just for those employees but it's a problem

         5       for the State of New York.  There is rampant

         6       abuses of workers in the construction industry

         7       that are hurting the State of New York's

         8       bottom line.  A recent study by Cornell

         9       University suggests that as many as 50,000

        10       New York City construction workers -- that's

        11       nearly one in four -- are either misclassified

        12       as independent contractors or they're employed

        13       completely off the books.  Which makes their

        14       employers already in violation of the law.

        15                  Over $4 billion in taxable wages

        16       are underreported due to misclassification.

        17       That results in the underreporting of over

        18       $175 million in unemployment tax, which taxes

        19       our unemployment insurance system.

        20                  An estimated $150 million in

        21       healthcare costs are shifted to employees,

        22       taxpayers and honest employers because of

        23       misclassification.  Misclassification of

        24       construction workers actually puts good actors

        25       at a competitive disadvantage with the bad.



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         1                  Now, I understand, from listening

         2       to Senator Saland, his concern about real

         3       independent contractors.  And we believe that

         4       in this bill we have found a way to clearly

         5       define who is an independent contractor.

         6                  The Fair Play Act creates a

         7       presumption that a construction worker is an

         8       employee rather than an independent contractor

         9       unless the employer can prove either, under

        10       the ABC test, (A) the worker is free from

        11       control and direction in performing the

        12       work -- that means they're free to make their

        13       own independent decisions.  They may own their

        14       own pickup truck, their own tools and go from

        15       place to place.  They would not be an

        16       employee; they would be an independent

        17       contractor -- (B) the service is performed

        18       outside the employer's usual course of

        19       business; and (C) the individual is

        20       customarily engaged in an independent trade

        21       that is similar to the work in question.

        22                  This ABC test has been adopted in

        23       26 other states in an effort to crack down on

        24       misclassification in the construction

        25       industry.



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         1                  It is not just harmful to the

         2       employees who find themselves at the end of

         3       the year assuming that their taxes have been

         4       collected and transmitted to the federal

         5       government and the State of New York when in

         6       fact they haven't.  It protects them in the

         7       event they get hurt on the job and they find

         8       out that their employer -- who they thought

         9       was an employer.  They didn't know they had

        10       this relationship that they were an

        11       independent contractor -- they get hurt on the

        12       job, there's no workers' compensation coverage

        13       for them.  They get unemployed, there's no

        14       unemployment insurance tax.

        15                  This costs the State of New York,

        16       it costs the workers, and it costs the good

        17       actors in the construction industry.  And

        18       that's why this is a good piece of

        19       legislation.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Saland, why do you rise?

        22                  SENATOR SALAND:    Will Senator

        23       Savino yield?

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Savino, will you yield for a question?



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         1                  SENATOR SAVINO:    Certainly.

         2                  SENATOR SALAND:    Just one

         3       question.  So that means that I can tell all

         4       of the people I just described earlier that

         5       they can disregard Section 2 because it

         6       doesn't apply to them, the 12 criteria that

         7       they also have to meet.

         8                  SENATOR SAVINO:    Section 2 refers

         9       to who a contractor is.  And what we're trying

        10       to define under the law here, who is an

        11       employer in the construction industry.

        12                  And I believe that the language

        13       that we've put forth clarifies who becomes an

        14       independent contractor.  So for a small

        15       one-or-two-person firm, as opposed to a guy

        16       who shows up every day on the job and actually

        17       works for somebody else but does not realize

        18       that he is being misclassified by his

        19       employer.

        20                  SENATOR SALAND:    I'll ask one

        21       last question, if you'll yield, and then I'll

        22       sit down.

        23                  SENATOR SAVINO:    Certainly.

        24                  SENATOR SALAND:    So the language

        25       that reads "Any person performing services for



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         1       a contractor shall be classified as an

         2       employee unless the person is a separate

         3       business entity under subdivision 2 of this

         4       section" would not apply to my guy in the

         5       pickup truck with his tools?

         6                  SENATOR SAVINO:    No.

         7                  SENATOR SALAND:    It doesn't?

         8                  SENATOR SAVINO:    I don't believe

         9       it does.  It should not apply to him.  Unless

        10       he has -- if he is working independently.  And

        11       again, it goes back to the ABC test.  He is

        12       free from control and direction.

        13                  SENATOR SALAND:    So these --

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Saland, do you wish Senator Savino to

        16       yield again?

        17                  SENATOR SALAND:    Yeah, if she'll

        18       yield for one more.

        19                  So I should disregard the "or"

        20       that's in that paragraph?  It's an either/or

        21       situation.  So I should disregard --

        22       everything that precedes the "or" doesn't

        23       count?

        24                  SENATOR SAVINO:    Where exactly --

        25       what line are you on, so I can find it.



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         1                  SENATOR SALAND:    I'm at lines 43

         2       through 47 on page 2, "Presumption of

         3       employment in the construction industry."

         4                  SENATOR SAVINO:    [Reading.]  All

         5       of the following criteria underneath should

         6       consider them an employee as opposed to a

         7       contractor.

         8                  SENATOR SALAND:    Thank you,

         9       Senator Savino.

        10                  SENATOR SAVINO:    Thank you.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Are there any other Senators wishing to be

        13       heard?

        14                  Seeing none, debate is closed.  The

        15       Secretary will please ring the bells.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 5.  This

        18       act shall take effect on the 60th day.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Onorato, to explain his vote.

        24                  SENATOR ONORATO:    Thank you,

        25       Mr. President.



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         1                  I want to thank my colleagues for

         2       their support.  I understand there were some

         3       concerns with the legislation.  And if each

         4       and every one of you put that in writing to

         5       me, if there's something that I can reflect

         6       later on in a chapter amendment, I'll be happy

         7       to do so to take care of some of the concerns

         8       that you just mentioned.

         9                  But again, thank you for your vote.

        10       I vote aye.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Onorato to be recorded in the

        13       affirmative.

        14                  Those who want to be recorded in

        15       the negative please raise their hands so the

        16       Secretary can record your vote.

        17                  Announce the results.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 782, those Senators recorded

        20       in the negative:  Senators DeFrancisco,

        21       Griffo, Ranzenhofer and Saland.

        22                  Absent from voting:  Senators

        23       Bonacic, Diaz, Duane, Flanagan, Fuschillo,

        24       Huntley, C. Kruger, LaValle, Leibell,

        25       Marcellino, Robach, Squadron, Winner and



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         1       Young.

         2                  Ayes, 39.  Nays, 4.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The bill is passed.

         5                  Senator Klein, that completes the

         6       controversial supplemental calendar.

         7                  SENATOR KLEIN:    Mr. President, is

         8       there any further business at the desk?

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Klein, the desk is clear.

        11                  SENATOR KLEIN:    Mr. President, I

        12       move that we adjourn at the call of the

        13       Temporary President, intervening days to be

        14       legislative days.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       There being no further business to come before

        17       the Senate, on motion, the Senate stands

        18       adjourned at the call of the Temporary

        19       President, intervening days being legislative

        20       days.

        21                  (Whereupon, at 4:12 p.m., the

        22       Senate adjourned.)

        23

        24

        25



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