Regular Session - June 30, 2010

                                                            7283



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 30, 2010

        11                      12:58 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR DAVID J. VALESKY, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24

        25



                      Candyco Transcription Service, Inc.
                                                        7284



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

         2                  ACTING PRESIDENT VALESKY:    The

         3       Senate will please come to order.

         4                  I ask everyone present to please

         5       rise and recite with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT VALESKY:    In the

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

        11       moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT VALESKY:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Tuesday, June 29, the Senate met pursuant to

        19       adjournment.  The Journal of Monday, June 28,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  ACTING PRESIDENT VALESKY:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  Presentation of petitions.



                      Candyco Transcription Service, Inc.
                                                        7285



         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, on

        10       behalf of Senator Parker, on page 29 I offer

        11       the following amendments to Calendar Number

        12       1204, Senate Print Number 8296A, and ask that

        13       said bill retain its place on Third Reading

        14       Calendar.

        15                  ACTING PRESIDENT VALESKY:    So

        16       ordered.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Mr. President, I

        19       believe there are substitutions at the desk.

        20       I ask that we make the substitutions at this

        21       time.

        22                  ACTING PRESIDENT VALESKY:    The

        23       Secretary will proceed to read the

        24       substitutions.

        25                  THE SECRETARY:    On page 10,



                      Candyco Transcription Service, Inc.
                                                        7286



         1       Senator Marcellino moves to discharge, from

         2       the Committee on Rules, Assembly Bill Number

         3       9799A and substitute it for the identical

         4       Senate Bill Number 6705A, Third Reading

         5       Calendar 252.

         6                  On page 26, Senator L. Krueger

         7       moves to discharge, from the Committee on

         8       Rules, Assembly Bill Number 7907D and

         9       substitute it for the identical Senate Bill

        10       Number 4778C, Third Reading Calendar 930.

        11                  On page 26, Senator Serrano moves

        12       to discharge, from the Committee on Rules,

        13       Assembly Bill Number 10392C and substitute it

        14       for the identical Senate Bill Number 7985A,

        15       Third Reading Calendar 935.

        16                  On page 28, Senator Aubertine moves

        17       to discharge, from the Committee on Rules,

        18       Assembly Bill Number 10023A and substitute it

        19       for the identical Senate Bill Number 7936A,

        20       Third Reading Calendar 1056.

        21                  On page 31, Senator Breslin moves

        22       to discharge, from the Committee on Rules,

        23       Assembly Bill Number 2279 and substitute it

        24       for the identical Senate Bill Number 754,

        25       Third Reading Calendar 1293.



                      Candyco Transcription Service, Inc.
                                                        7287



         1                  On page 32, Senator Lanza moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 7093B and substitute it

         4       for the identical Senate Bill Number 4431B,

         5       Third Reading Calendar 1326.

         6                  On page 32, Senator Valesky moves

         7       to discharge, from the Committee on Commerce,

         8       Economic Development and Small Business,

         9       Assembly Bill Number 488C and substitute it

        10       for the identical Senate Bill Number 5614B,

        11       Third Reading Calendar 1330.

        12                  On page 32, Senator Bonacic moves

        13       to discharge, from the Committee on Rules,

        14       Assembly Bill Number 9096 and substitute it

        15       for the identical Senate Bill Number 6646,

        16       Third Reading Calendar 1333.

        17                  On page 32, Senator LaValle moves

        18       to discharge, from the Committee on Rules,

        19       Assembly Bill Number 9947 and substitute it

        20       for the identical Senate Bill Number 6861,

        21       Third Reading Calendar 1334.

        22                  On page 33, Senator Skelos moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 10050A and substitute it

        25       for the identical Senate Bill Number 7202A,



                      Candyco Transcription Service, Inc.
                                                        7288



         1       Third Reading Calendar 1336.

         2                  On page 33, Senator Stachowski

         3       moves to discharge, from the Committee on

         4       Rules, Assembly Bill Number 5255A and

         5       substitute it for the identical Senate Bill

         6       Number 7228A, Third Reading Calendar 1337.

         7                  On page 33, Senator Morahan moves

         8       to discharge, from the Committee on Rules,

         9       Assembly Bill Number 11034A and substitute it

        10       for the identical Senate Bill Number 7255A,

        11       Third Reading Calendar 1338.

        12                  On page 33, Senator Duane moves to

        13       discharge, from the Committee on Health,

        14       Assembly Bill Number 8285 and substitute it

        15       for the identical Senate Bill Number 7517,

        16       Third Reading Calendar 1342.

        17                  On page 33, Senator Stachowski

        18       moves to discharge, from the Committee on

        19       Rules, Assembly Bill Number 10786 and

        20       substitute it for the identical Senate Bill

        21       Number 7580, Third Reading Calendar 1343.

        22                  On page 33, Senator Flanagan moves

        23       to discharge, from the Committee on Local

        24       Government, Assembly Bill Number 10875 and

        25       substitute it for the identical Senate Bill



                      Candyco Transcription Service, Inc.
                                                        7289



         1       Number 7730, Third Reading Calendar 1345.

         2                  On page 34, Senator Skelos moves to

         3       discharge, from the Committee on Rules,

         4       Assembly Bill Number 10049 and substitute it

         5       for the identical Senate Bill Number 7840,

         6       Third Reading Calendar 1349.

         7                  On page 34, Senator Oppenheimer

         8       moves to discharge, from the Committee on

         9       Rules, Assembly Bill Number 11178A and

        10       substitute it for the identical Senate Bill

        11       Number 7955A, Third Reading Calendar 1351.

        12                  On page 34, Senator Squadron moves

        13       to discharge, from the Committee on Energy and

        14       Telecommunications, Assembly Bill Number 5691

        15       and substitute it for the identical Senate

        16       Bill Number 8097, Third Reading Calendar 1354.

        17                  On page 35, Senator Foley moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 10269B and substitute it

        20       for the identical Senate Bill Number 8343,

        21       Third Reading Calendar 1364.

        22                  On page 36, Senator Smith moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 10992 and substitute it

        25       for the identical Senate Bill Number 8370,



                      Candyco Transcription Service, Inc.
                                                        7290



         1       Third Reading Calendar 1366.

         2                  On page 36, Senator Oppenheimer

         3       moves to discharge, from the Committee on

         4       Rules, Assembly Bill Number 11566 and

         5       substitute it for the identical Senate Bill

         6       Number 8376, Third Reading Calendar 1368.

         7                  On page 36, Senator Dilan moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 11567 and substitute it

        10       for the identical Senate Bill Number 8377A,

        11       Third Reading Calendar 1369.

        12                  On page 37, Senator Young moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 10620 and substitute it

        15       for the identical Senate Bill Number 7115A,

        16       Third Reading Calendar 1374.

        17                  And on page 37, Senator Winner

        18       moves to discharge, from the Committee on

        19       Rules, Assembly Bill Number 10860 and

        20       substitute it for the identical Senate Bill

        21       Number 7636, Third Reading Calendar 1376.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitutions ordered.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, I



                      Candyco Transcription Service, Inc.
                                                        7291



         1       believe there's a resolution at the desk by

         2       Senator Hassell-Thompson.  I ask that the

         3       title of the resolution be read and move for

         4       its immediate adoption.

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Klein, has this resolution been deemed

         7       privileged and submitted by the office of the

         8       Temporary President?

         9                  SENATOR KLEIN:    Yes, it has,

        10       Mr. President.

        11                  ACTING PRESIDENT VALESKY:    The

        12       Secretary will read.

        13                  THE SECRETARY:    By Senator

        14       Hassell-Thompson, legislative resolution

        15       commending Bobby J. Johnson upon the occasion

        16       of receiving the Humanitarian Award from the

        17       Women's Welfare Club of Mount Vernon.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Hassell-Thompson, on the resolution.

        20                  SENATOR HASSELL-THOMPSON:    Thank

        21       you, Mr. President.

        22                  Just to -- I rise to congratulate

        23       Mr. Bobby Johnson on his award by the Women's

        24       Welfare League.  This is a group of people who

        25       have for over a hundred years been serving our



                      Candyco Transcription Service, Inc.
                                                        7292



         1       communities, and they have identified those

         2       persons that they believe exemplify the

         3       mission of their organization in the person of

         4       Bobby Johnson, who is totally a community

         5       person, who's someone I've known for a very

         6       long time.

         7                  I remember back in the early '70s

         8       when I ran for school board, we had met at a

         9       motorcycle convention, of all places.  And the

        10       belief that people who ride motorcycles don't

        11       have connections to the community and don't

        12       have a civic sense of being -- but I found in

        13       Bobby Johnson a person who is very concerned

        14       about the children and about education.

        15                  And he thought that I would make a

        16       good candidate for the school board, and he

        17       worked very hard, with other members of his

        18       motorcycle club, to put together campaign

        19       funds for me to run for that public office.

        20                  And earlier he had helped to raise

        21       money for buses to send parents to go to

        22       Washington, D.C., to ensure that childcare was

        23       something that stayed on the national agenda.

        24       And as they were changing from the cap agency

        25       to an independent agency, which today is HHS



                      Candyco Transcription Service, Inc.
                                                        7293



         1       but then was HEW, he always had a civic bent.

         2       And as somebody who if you saw him on the

         3       street, he would never acknowledge any of the

         4       things that he had ever done because he just

         5       felt that that's what people should just do.

         6                  And so in the person of Bobby

         7       Johnson, today I'm very happy to stand here

         8       and to proclaim him as a friend and to

         9       congratulate him as his Senator for the work

        10       that he does on behalf of children and the

        11       people of the City of Mount Vernon.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT VALESKY:    Thank

        14       you, Senator Hassell-Thompson.

        15                  All those in favor of adopting the

        16       resolution signify by saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT VALESKY:

        19       Opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT VALESKY:    The

        22       resolution is adopted.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, at

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



                      Candyco Transcription Service, Inc.
                                                        7294



         1       calendar.

         2                  ACTING PRESIDENT VALESKY:    The

         3       Secretary will proceed with the reading of the

         4       noncontroversial calendar.

         5                  THE SECRETARY:    Calendar Number

         6       844, by Senator Saland, Senate Print 7001B, an

         7       act to amend the Insurance Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 4.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 57.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1232, by Senator Stewart-Cousins --

        20                  SENATOR LIBOUS:    Lay it aside,

        21       please.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    Calendar Number

        25       1323, by Senator Duane, Senate Print 3180C, an



                      Candyco Transcription Service, Inc.
                                                        7295



         1       act to --

         2                  SENATOR LIBOUS:    Lay it aside,

         3       please.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       1324, by Senator Oppenheimer, Senate Print

         8       4117B, an act to amend the Education Law.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 5.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 57.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1325, by Senator Flanagan, Senate Print 4181,

        21       an act to amend the Highway Law.

        22                  ACTING PRESIDENT VALESKY:    There

        23       is a home-rule message at the desk.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                                        7296



         1       act shall take effect immediately.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1326, substituted earlier today by Member of

        10       the Assembly Espaillat, Assembly Print Number

        11       7093B, an act to amend the Executive Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the 90th day.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 57.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1327, by Senator Oppenheimer, Senate Print

        24       5512A, an act to amend the Education Law and

        25       the Social Services Law.



                      Candyco Transcription Service, Inc.
                                                        7297



         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 8.  This

         4       act shall take effect October 1, 2011.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 1327 are

        10       Senators Alesi, Bonacic, DeFrancisco, Farley,

        11       Flanagan, Fuschillo, Golden, Hannon,

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

        13       Marcellino, Padavan, Ranzenhofer, Saland,

        14       Seward, Skelos, Volker and Winner.

        15                  Ayes, 39.  Nays, 21.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1328, by Senator Stachowski, Senate Print

        20       5514, an act to amend the State Finance Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT VALESKY:    Call



                      Candyco Transcription Service, Inc.
                                                        7298



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1330, substituted earlier today by Member of

         8       the Assembly Destito, Assembly Print Number

         9       488C, an act to amend the Alcoholic Beverage

        10       Control Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect on the first of January.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  SENATOR DILAN:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  SENATOR LIBOUS:    Mr. President,

        22       who did that?

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill was laid aside by Senator Dilan.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7299



         1       1331, by Senator Savino, Senate Print 5628A,

         2       an act to amend the Retirement and Social

         3       Security Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act --

         8                  SENATOR DeFRANCISCO:    Lay it

         9       aside.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       1332, by Senator Valesky, Senate Print 5969,

        14       an act to amend the Education Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7300



         1       1333, substituted earlier by Member of the

         2       Assembly Crouch, Assembly Print Number 9096,

         3       an act to amend the Executive Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1334, substituted earlier today by Member of

        16       the Assembly Alessi, Assembly Print Number

        17       9947, an act authorizing William Bianco and

        18       Eric Lipinsky.

        19                  ACTING PRESIDENT VALESKY:    There

        20       is a home-rule message at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



                      Candyco Transcription Service, Inc.
                                                        7301



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 60.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1335, by Senator Hassell-Thompson, Senate

         7       Print 6888C, an act to amend the Retirement

         8       and Social Security Law and others.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 9.  This

        12       act shall take effect on the 90th day.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1336, substituted earlier today by Member of

        21       the Assembly Weisenberg, Assembly Print Number

        22       10050A, an act authorizing the assessor of the

        23       County of Nassau.

        24                  ACTING PRESIDENT VALESKY:    Read

        25       the last section.



                      Candyco Transcription Service, Inc.
                                                        7302



         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1337, substituted earlier by Member of the

        11       Assembly Espaillat, Assembly Print Number

        12       5255A, an act to amend the New York State

        13       Urban Development Corporation Act.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 60.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1338, substituted earlier today by Member of



                      Candyco Transcription Service, Inc.
                                                        7303



         1       the Assembly Paulin, Assembly Print Number

         2       11034A, an act to amend the Mental Hygiene

         3       Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect on the 180th day.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1339, by Senator Schneiderman, Senate Print

        16       7267C, an act to amend the General Business

        17       Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 120th day.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 60.



                      Candyco Transcription Service, Inc.
                                                        7304



         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1340, by Senator Montgomery, Senate Print

         5       7412B, an act to amend the Administrative Code

         6       of the City of New York.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Montgomery, to explain her vote.

        16                  SENATOR MONTGOMERY:    Yes,

        17       Mr. President, to explain my vote.

        18                  This bill requires notice to owners

        19       of adjoining properties that prior to

        20       construction or excavation or demolition work

        21       being performed, neighboring owners must be

        22       notified.

        23                  It is in response to a number of

        24       incidents in my district and throughout the

        25       city where there is a tremendous amount of



                      Candyco Transcription Service, Inc.
                                                        7305



         1       construction going on and many of the

         2       properties that are being worked on, either

         3       through -- completely demolished to rebuild or

         4       renovation projects, excavation, it's all

         5       going on, and in many, many instances these

         6       are buildings that are attached to other

         7       buildings, they have adjoining walls.

         8                  This legislation simply protects

         9       people who live in buildings that are sharing

        10       a wall with a building that is being

        11       demolished or being worked on otherwise from

        12       what happened in my district when one of the

        13       buildings collapsed that should not have

        14       because the building next to it was being

        15       demolished.

        16                  And so I ask for support of this

        17       legislation.  It will help in many, many

        18       instances all over our city.  And therefore I

        19       will be voting in the affirmative.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Montgomery to be recorded in the

        22       affirmative.

        23                  Announce the results.

        24                  THE SECRETARY:    Those recorded in

        25       the negative on Calendar Number 1340 are



                      Candyco Transcription Service, Inc.
                                                        7306



         1       Senators Alesi, Aubertine, Bonacic,

         2       DeFrancisco, Farley, Flanagan, O. Johnson,

         3       Lanza, Larkin, Libous, Maziarz, Nozzolio,

         4       Ranzenhofer, Saland, Seward, Skelos, Volker,

         5       Winner and Young.  Also Senator Griffo.

         6                  Ayes, 40.  Nays, 20.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  Senator Bonacic.

        10                  SENATOR BONACIC:    Thank you,

        11       Mr. President.  I'm going to ask for unanimous

        12       consent to be recorded in the negative on

        13       Calendar Number 1336, please.

        14                  ACTING PRESIDENT VALESKY:    With

        15       unanimous consent, Senator Bonacic to be

        16       recorded in the negative on Calendar 1336.

        17                  SENATOR BONACIC:    Thank you,

        18       Mr. President.

        19                  ACTING PRESIDENT VALESKY:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       1341, by Senator Valesky, Senate Print 7480A,

        23       an act to amend the --

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Larkin, why do you rise?



                      Candyco Transcription Service, Inc.
                                                        7307



         1                  SENATOR LARKIN:    I'd like to ask

         2       for unanimous consent to be recorded in the

         3       negative on Calendar Number 1336.

         4                  ACTING PRESIDENT VALESKY:    With

         5       unanimous consent, Senator Larkin to be

         6       recorded in the negative on Calendar Number

         7       1336.

         8                  The Secretary will read the last

         9       section on Calendar Number 1341.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Those recorded in

        16       the negative on Calendar Number 1341 are

        17       Senators Diaz, Fuschillo and Marcellino.

        18                  Ayes, 57.  Nays, 3.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1342, substituted earlier today by --

        23                  SENATOR LIBOUS:    Lay it aside.

        24                  ACTING PRESIDENT VALESKY:    The

        25       bill is laid aside.



                      Candyco Transcription Service, Inc.
                                                        7308



         1                  THE SECRETARY:    Calendar Number

         2       1343, substituted earlier today by Member of

         3       the Assembly Schimminger, Assembly Print

         4       Number 10786, an act to amend the Tax Law.

         5                  ACTING PRESIDENT VALESKY:    There

         6       is a home-rule message at the desk.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 60.  Nays,

        14       1.  Senator Hannon recorded in the negative.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1344, by Senator Oppenheimer, Senate Print

        19       7587, an act to amend the Agriculture and

        20       Markets Law and the General Business Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 4.  This

        24       act shall take effect April 1, 2011.

        25                  ACTING PRESIDENT VALESKY:    Call



                      Candyco Transcription Service, Inc.
                                                        7309



         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 1344 are

         5       Senators Aubertine, Golden, Griffo, Little,

         6       Ranzenhofer, Volker, Winner and Young.

         7                  Ayes, 53.  Nays, 8.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1345, substituted earlier today by Member of

        12       the Assembly Magee, Assembly Print Number

        13       10875, an act to amend the Real Property Tax

        14       Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7310



         1       1346, by Senator Farley, Senate Print 7738A,

         2       an act to authorize the City of Schenectady.

         3                  ACTING PRESIDENT VALESKY:    There

         4       is a home-rule message at the desk.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1347, by Senator L. Krueger, Senate Print

        16       7769, an act to amend the Public Authorities

        17       Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 4.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 59.  Nays,



                      Candyco Transcription Service, Inc.
                                                        7311



         1       2.  Senators Diaz and Huntley recorded in the

         2       negative.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1348, by Senator C. Kruger, Senate Print 7830,

         7       an act to amend the Real Property Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 61.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1349, substituted earlier today by Member of

        20       the Assembly Weisenberg, Assembly Print Number

        21       10049, an act to amend Chapter 821 of the Laws

        22       of 1970 amending the Town Law.

        23                  ACTING PRESIDENT VALESKY:    There

        24       is a home-rule message at the desk.

        25                  Read the last section.



                      Candyco Transcription Service, Inc.
                                                        7312



         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1350, by Senator Savino, Senate Print 7900, an

        11       act to amend the Workers' Compensation Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT VALESKY:    The

        20       Secretary will announce the results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Calendar Number 1350 are

        23       Senators Flanagan, Golden, Larkin, LaValle,

        24       Marcellino, Nozzolio, Saland, Skelos, Volker,

        25       Winner and Young.



                      Candyco Transcription Service, Inc.
                                                        7313



         1                  Ayes, 50.  Nays, 11.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar

         5       Number -- also Senator Ranzenhofer.

         6                  Ayes, 49.  Nays, 12.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1351, substituted earlier today by Member of

        11       the Assembly Paulin, Assembly Print Number

        12       11178A, an act to amend the Agriculture and

        13       Markets Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 4.  This

        17       act shall take effect on the same date and in

        18       the same manner as Section 5 of Chapter 479 of

        19       the Laws of 2009.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT VALESKY:    The

        25       bill is passed.



                      Candyco Transcription Service, Inc.
                                                        7314



         1                  THE SECRETARY:    Calendar Number

         2       1352, by Senator Aubertine, Senate Print 8004,

         3       an act to amend the Penal Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the 180th day.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1354 --

        17                  SENATOR KLEIN:    Lay the bill

        18       aside for the day, please.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       1356, by Senator Montgomery, Senate Print

        23       8132A, an act to amend the Social Services

        24       Law.

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        7315



         1       bill is high and will be laid aside for the

         2       day.

         3                  THE SECRETARY:    Calendar Number

         4       1357, by Senator Stewart-Cousins --

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       1358, by Senator LaValle, Senate Print 8215,

        11       an act to amend the Highway Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 4.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1359, by Senator Hassell-Thompson, Senate

        24       Print 8229, an act to amend the Executive Law.

        25                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                                        7316



         1       the last section.

         2                  SENATOR LIBOUS:    Lay it aside.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       1360, by Senator Parker --

         7                  SENATOR KLEIN:    Lay the bill

         8       aside for the day, please.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       1361, by Senator Stachowski, Senate Print

        13       8289, an act to amend the Penal Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 6.  This

        17       act shall take effect on the 180th day.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1362, by Senator Aubertine, Senate Print 8310,



                      Candyco Transcription Service, Inc.
                                                        7317



         1       an act to amend the Public Service Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the 30th day.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1363, by Senator Squadron, Senate Print 8333,

        14       an act to amend the General Business Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect on the same date and in

        19       the same manner as a chapter of the Laws of

        20       2010.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Duane, to explain his vote.



                      Candyco Transcription Service, Inc.
                                                        7318



         1                  SENATOR DUANE:    Thank you,

         2       Mr. President.

         3                  Regarding Calendar Number 1363, on

         4       June 22nd I abstained from voting on S4313D

         5       due to a potential pecuniary interest I may

         6       have regarding the legislation, since my

         7       partner of 17 years, Louis Webre, is employed

         8       in the auction industry.

         9                  Today's bill is a chapter amendment

        10       to this previous legislation, and as such I

        11       ask for unanimous consent to abstain from

        12       voting.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT VALESKY:

        15       Without objection, Senator Duane to abstain.

        16                  The Secretary will announce the

        17       results.

        18                  SENATOR SALAND:    Mr. President,

        19       to explain my vote.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Saland, to explain his vote.

        22                  SENATOR SALAND:    Thank you,

        23       Mr. President.

        24                  Mr. President, we had an earlier

        25       version of this bill which I had spoken in



                      Candyco Transcription Service, Inc.
                                                        7319



         1       opposition to and voted against, and one of

         2       the concerns with the earlier version of the

         3       bill was that it applied New York City

         4       auction-house standards to counties with

         5       populations of 200,000 or more.

         6                  This now takes that very same

         7       concept and imposes it upon virtually every

         8       county in this state by reducing the

         9       population of the county to 45,000.  Any

        10       county with a population in excess of 45,000

        11       will now be responsible to adhere to these

        12       standards that might work wonderfully well for

        13       Sotheby's or any of the other major auction

        14       houses in New York City but will certainly be

        15       a challenge and an imposition and quite a

        16       difficult thing for the small local

        17       auctioneers to deal with.

        18                  So I would urge my colleagues,

        19       particularly any single one of them outside of

        20       the City of New York in a county with a

        21       population of more than 45,000 to vote against

        22       this bill.  I'm sure that their auctioneers

        23       probably have little or no notice of this, as

        24       it is in effect a last-minute change without

        25       the opportunity to have these people heard



                      Candyco Transcription Service, Inc.
                                                        7320



         1       from.

         2                  Thank you.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Saland to be recorded in the negative.

         5                  Announce the results.

         6                  SENATOR KLEIN:    Lay the bill

         7       aside for the day, please.

         8                  ACTING PRESIDENT VALESKY:    The

         9       roll call is withdrawn and the bill is laid

        10       aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       1364, substituted earlier today by Member of

        13       the Assembly Sweeney, Assembly Print Number

        14       10269B, an act to amend the Environmental

        15       Conservation Law.

        16                  ACTING PRESIDENT VALESKY:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 150th day.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT VALESKY:    The

        25       bill is passed.



                      Candyco Transcription Service, Inc.
                                                        7321



         1                  THE SECRETARY:    Calendar Number

         2       1365, by Senator Klein, Senate Print 8347, an

         3       act to amend the Education Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 5.  This

         7       act --

         8                  SENATOR LIBOUS:    Lay it aside,

         9       please.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       1366, substituted earlier today by Member of

        14       the Assembly Gantt, Assembly Print Number

        15       10992, an act to amend Chapter 268 of the Laws

        16       of 1989 amending the Vehicle and Traffic Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        7322



         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1367, by Senator Sampson, Senate Print --

         4                  SENATOR LIBOUS:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar Number

         8       1368, substituted earlier today by the

         9       Assembly Committee on Rules, Assembly Print

        10       Number 11566, an act to amend the Education

        11       Law.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1369, substituted earlier today by the

        24       Assembly Committee on Rules, Assembly Print

        25       Number 11567, an act to amend the Multiple



                      Candyco Transcription Service, Inc.
                                                        7323



         1       Dwelling Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Padavan, to explain his vote.

        11                  SENATOR PADAVAN:    Thank you,

        12       Mr. President.

        13                  First, this bill ties the Loft Law,

        14       a very important subject area in the City of

        15       New York, to VLT gaming in terms of

        16       limitations and hours and all that sort of

        17       stuff.  What the two of them have in common is

        18       absolutely nothing.  Why they are together?

        19       Because one might not pass if it didn't give

        20       the opportunity for people to say, Well, I had

        21       to vote for it because I'm in favor of the

        22       Loft Law.

        23                  To me, that's disingenuous, I think

        24       it's really unethical, in a sense, and

        25       certainly it has no proper place in this



                      Candyco Transcription Service, Inc.
                                                        7324



         1       Legislature.

         2                  I'm going to vote no not because I

         3       am against the provisions of the Loft Law,

         4       which I've certainly been sympathetic to and

         5       supported for years, but I am against those

         6       provisions that are provided in this bill

         7       dealing with video lottery gaming.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Padavan to be recorded in the

        10       negative.

        11                  Senator Libous.

        12                  SENATOR LIBOUS:    I'm going to

        13       join Senator Padavan.  I have no problem with

        14       the gaming portion of this, and I have no

        15       portion with the other portion of it.  But I

        16       have to tell you that he's right, these two

        17       issues have no business being together in a

        18       piece of legislation.

        19                  I don't understand it.  It doesn't

        20       make any sense.  And I will support my

        21       colleague on this point.  If we're going to

        22       start taking a variety of different issues and

        23       putting them into legislation just so that we

        24       can get people to vote on them or pass on

        25       them, that's not the intent of this body.  And



                      Candyco Transcription Service, Inc.
                                                        7325



         1       to put a video gaming bill in with the Loft

         2       Law, I don't care who you are, it makes

         3       absolutely no sense.

         4                  So I'll join Senator Padavan in

         5       voting no.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Libous to be recorded in the negative.

         8                  Announce the results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative on Calendar Number 1369 are

        11       Senators Bonacic, DeFrancisco, Farley,

        12       Flanagan, Golden, Griffo, O. Johnson, Lanza,

        13       Libous, Little, Nozzolio, Padavan, Skelos,

        14       Volker, Winner and Young.

        15                  SENATOR LaVALLE:    Lay the bill

        16       aside, please.

        17                  ACTING PRESIDENT VALESKY:    The

        18       roll call is withdrawn, and the bill is laid

        19       aside.

        20                  THE SECRETARY:    Calendar Number

        21       1370, by Senator Schneiderman, Senate Print

        22       8378, an act to amend the State Finance Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 13.  This



                      Candyco Transcription Service, Inc.
                                                        7326



         1       act shall take effect --

         2                  SENATOR HANNON:    Lay it aside.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  THE SECRETARY:    Calendar Number

         6       1371, by Senator Schneiderman, Senate Print

         7       8379A, an act to amend the Labor Law.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is high and will be laid aside for the

        10       day.

        11                  THE SECRETARY:    Calendar Number

        12       1372, by Senator Sampson, Senate Print 8391,

        13       an act to amend a chapter of the Laws of 2010.

        14                  ACTING PRESIDENT VALESKY:    That

        15       bill is also high and will be laid aside for

        16       the day.

        17                  THE SECRETARY:    Calendar Number

        18       1373, by Senator Young, Senate Print 5806C, an

        19       act to authorize the Education Department.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



                      Candyco Transcription Service, Inc.
                                                        7327



         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1374, substituted earlier today by Member of

         7       the Assembly Parment, Assembly Print Number

         8       10620, an act to amend the Highway Law.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1375, by Senator Winner, Senate Print 7602, an

        21       act in relation to dissolving.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                                        7328



         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1376, substituted earlier today by Member of

         9       the Assembly Bacalles, Assembly Print Number

        10       10860, an act in relation to dissolving.

        11                  ACTING PRESIDENT VALESKY:    There

        12       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 VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  Senator Klein, that completes the

        23       reading of the noncontroversial calendar.

        24                  SENATOR KLEIN:    Mr. President, at

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



                      Candyco Transcription Service, Inc.
                                                        7329



         1       controversial calendar.

         2                  ACTING PRESIDENT VALESKY:    The

         3       Secretary will ring the bells and proceed with

         4       the reading of the controversial calendar,

         5       beginning with Calendar Number 1232.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       1232, by Senator Stewart-Cousins, Senate Print

         9       7189, an act to amend the Education Law.

        10                  ACTING PRESIDENT VALESKY:    Are

        11       there any Senators who wish to be heard?

        12                  Seeing none, the debate is closed.

        13                  The Secretary will ring the bells.

        14       All Senator are asked to come to the chamber

        15       for the roll call.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Mr. President,

        18       Calendar Number 1367, Senate Print Number

        19       8373A, Senator Sampson's bill, the Minority

        20       laid it aside.  I want to lay the bill aside

        21       for the day.

        22                  ACTING PRESIDENT VALESKY:

        23       Calendar Number 1367 will be laid aside for

        24       the day.

        25                  SENATOR KLEIN:    Thank you,



                      Candyco Transcription Service, Inc.
                                                        7330



         1       Mr. President.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect July 1, 2010.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Flanagan, to explain his vote.

        11                  SENATOR FLANAGAN:    Thank you,

        12       Mr. President.

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

        14       And to follow up on the comments that were

        15       made by Senator Robach the other day, this is

        16       the second time this week -- and I see her

        17       smiling, and I give her credit, Senator

        18       Stewart-Cousins, for advancing and pushing for

        19       your community.

        20                  But I must respectfully tell you

        21       that this is the exactly the wrong way that we

        22       should be financing and funding education.

        23       We're sending one pile of money to a

        24       community, now roughly $9 million in less than

        25       a week, for special issues that should be



                      Candyco Transcription Service, Inc.
                                                        7331



         1       negotiated and debated within the context of

         2       the budget.

         3                  The Governor has now vetoed all the

         4       additional restorations.  This is exactly the

         5       type of thing that should be aired and vetted

         6       in the public eye.  If you are from Rochester

         7       or Buffalo or Syracuse or, for that matter,

         8       any community in the State of New York, you're

         9       voting against your own communities by voting

        10       in support of this bill.

        11                  This is something that should be

        12       negotiated; it hasn't been.  And it should be

        13       part of the budget, and it hasn't been.  I'm

        14       going to vote no.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Flanagan to be recorded in the

        17       negative.

        18                  Senator DeFrancisco, to explain his

        19       vote.

        20                  SENATOR DeFRANCISCO:    I'm going

        21       to vote no.

        22                  I have a different take on this.

        23       With the Governor vetoing all the additional

        24       education funding, does anyone in their right

        25       mind believe that this bill is real?



                      Candyco Transcription Service, Inc.
                                                        7332



         1                  It might be a great press release,

         2       it might be a great thing to put on a campaign

         3       brochure that a bill was passed, but

         4       realistically does anyone think that the

         5       Governor is going to take Yonkers and provide

         6       a pot of money to Yonkers without any other of

         7       the major cities or any other community

         8       receiving additional funds -- in fact, getting

         9       monies that the Legislature, in their infinite

        10       wisdom, passed and he vetoed it.

        11                  So I would hope that everybody out

        12       there realizes what this truly is.  And if it

        13       wasn't -- well, I'll leave it at that, what it

        14       truly is.  And it truly is simply a little

        15       piece for a campaign brochure that costs the

        16       citizens of this state a lot of money to print

        17       the bill up, go through the process and go

        18       through the debates and get it here on the

        19       floor.  I vote no.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator DeFrancisco to be recorded in the

        22       negative.

        23                  Senator Stewart-Cousins, to explain

        24       her vote.

        25                  SENATOR STEWART-COUSINS:    Yes,



                      Candyco Transcription Service, Inc.
                                                        7333



         1       thank you, Mr. President.

         2                  When we passed our budget

         3       resolution, this language was in the budget,

         4       so -- the resolution that was passed in this

         5       house.  So for anyone who thinks that this is

         6       new language, it is not.  It is language that

         7       is not for a press release, it's not for

         8       anything other than to, again, rectify what

         9       has been a continuing problem in terms of

        10       funding the school district in the City of

        11       Yonkers.

        12                  And again, as I was saying, even in

        13       2008 I remember Senator Skelos -- I have the

        14       article to show -- said that he understood the

        15       problem and would help to rewrite the funding

        16       formula.

        17                  Now, it is very difficult to

        18       rewrite a formula that just works for one

        19       place.  And that is why we very deliberately

        20       looked at how Yonkers was different from other

        21       communities.  And what is different in many

        22       cases is the increasing enrollment.  And as we

        23       cut the funding and not consider the fact that

        24       it is frozen and then reduced, and meanwhile

        25       you have almost a thousand more students, it



                      Candyco Transcription Service, Inc.
                                                        7334



         1       is a cut that is beyond the cuts of other

         2       communities.

         3                  So yes, I'm standing up and asking

         4       my colleagues to support rectifying something

         5       that is unique to Yonkers and asking for them

         6       to support this.  And of course I vote aye.

         7       Thank you.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Stewart-Cousins to be recorded in the

        10       affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 1232 are

        14       Senators Alesi, Bonacic, DeFrancisco, Farley,

        15       Flanagan, Fuschillo, Golden, Griffo, Hannon,

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

        17       Senator, Little, Marcellino, Maziarz,

        18       McDonald, Nozzolio, Padavan, Ranzenhofer,

        19       Robach, Saland, Seward, Skelos, Volker, Winner

        20       and Young.

        21                  Ayes, 32.  Nays, 29.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1323, by Senator Duane --



                      Candyco Transcription Service, Inc.
                                                        7335



         1                  SENATOR KLEIN:    Lay the bill

         2       aside for the day, please.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside for the day.

         5                  THE SECRETARY:    Calendar Number

         6       1330, substituted earlier today by Member of

         7       the Assembly Destito, Assembly Print Number --

         8                  SENATOR KLEIN:    Lay the bill

         9       aside for the day, please.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside for the day.

        12                  THE SECRETARY:    Calendar Number

        13       1331, by Senator Savino, Senate Print 5628A,

        14       an act to amend the Retirement and Social

        15       Security Law.

        16                  ACTING PRESIDENT VALESKY:    Are

        17       there any Senators who wish to be heard?

        18                  SENATOR DeFRANCISCO:

        19       Explanation.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Savino, an explanation has been

        22       requested by Senator DeFrancisco.

        23                  SENATOR SAVINO:    Certainly,

        24       Mr. President.

        25                  This bill would amend the



                      Candyco Transcription Service, Inc.
                                                        7336



         1       Retirement and Social Security Law in relation

         2       to the purchase of service credit that we

         3       refer to as air time.  Routinely I get

         4       approached by people who ask if they would be

         5       able to purchase prior service time.  And

         6       there is a mechanism in place for people to

         7       purchase prior service time for which they may

         8       have been in provisional status or they may

         9       have had a break in service, so they could add

        10       to their length of service.

        11                  Air time would actually be for

        12       service of which you did not serve.  And what

        13       this would allow someone to do, they would be

        14       able to purchase up to five years of

        15       additional time, but they would be required to

        16       pay the full cost, which would be the

        17       employer's cost and the employee's cost.

        18                  And just as an example of what this

        19       could potentially cost to an individual, it

        20       would actually be very expensive, so they

        21       would have to seriously consider it.  For

        22       instance, an individual who is a Tier 4 member

        23       who is age 55 and has a final average salary

        24       of $55,000 a year but needs to purchase one

        25       additional year of service so they could have



                      Candyco Transcription Service, Inc.
                                                        7337



         1       a longer service period, they would have to

         2       purchase one year of service for $97,175.

         3       Incredibly expensive, but it is possible that

         4       someone might want to take advantage of this

         5       option.

         6                  The cost is totally borne by the

         7       employ themselves, so the employer does not

         8       have to contribute for that extra time.  The

         9       employee would have to pay the full freight.

        10       If it's an option, it's been done in several

        11       other states.  The retirement system has said

        12       they've gotten several requests for this type

        13       of an option for people to take.  And so this

        14       legislation would allow them to do that.

        15                  But of course they would have to be

        16       aware of the actual cost and what the benefit

        17       would be and how long it could potentially

        18       take to recoup the amount of money that they'd

        19       paid into it.

        20                  SENATOR DeFRANCISCO:    Would

        21       Senator Savino yield to a question.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Savino, do you yield?

        24                  SENATOR SAVINO:    Certainly.

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        7338



         1       sponsor yields.

         2                  SENATOR DeFRANCISCO:    Presently

         3       in the State of New York do we have any of

         4       these types of options right now for buying in

         5       for service which you did not serve?

         6                  SENATOR SAVINO:    No.  This would

         7       allow people to actually do that.

         8                  SENATOR DeFRANCISCO:    Would

         9       Senator Savino yield to another question.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Savino?

        12                  SENATOR SAVINO:    Certainly.

        13                  ACTING PRESIDENT VALESKY:    The

        14       sponsor yields.

        15                  SENATOR DeFRANCISCO:    Senator

        16       Savino, if someone does not reach the

        17       retirement age, can they get this money back

        18       with interest?

        19                  SENATOR SAVINO:    I believe they

        20       could get the money back -- hold on, let me

        21       just take a quick look at the memo.  Yes, it

        22       would be refunded with interest if they were

        23       to die before reaching retirement age or if

        24       they were -- if they'd reached retirement age.

        25                  And the reason why is because the



                      Candyco Transcription Service, Inc.
                                                        7339



         1       Comptroller would be able to take this

         2       additional money that the employee put in and

         3       put it into the -- it would deposit such funds

         4       into the pension accumulation fund.  So the

         5       money would be accruing interest while it was

         6       there.

         7                  SENATOR DeFRANCISCO:    Would you

         8       continue to yield?

         9                  SENATOR SAVINO:    Certainly.

        10                  SENATOR DeFRANCISCO:    Now,

        11       Senator Savino, so there's really no risk to

        12       somebody doing this because they could always

        13       get the money back with interest; fair enough?

        14                  SENATOR SAVINO:    True.

        15                  SENATOR DeFRANCISCO:    Okay.

        16       Would you yield to another question?

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Savino.

        19                  SENATOR SAVINO:    Yes.

        20                  ACTING PRESIDENT VALESKY:    The

        21       sponsor yields.

        22                  SENATOR DeFRANCISCO:    Now, let's

        23       suppose somebody lives to retirement age and

        24       starts reaping the benefits of this buy-in for

        25       service for which they did not serve.  Isn't



                      Candyco Transcription Service, Inc.
                                                        7340



         1       it true that if they live to a ripe old age

         2       then there would be an additional cost to the

         3       pension fund that all pensioners rely on?

         4                  SENATOR SAVINO:    There could be,

         5       but that additional cost to the pension system

         6       would be mitigated by the investment that was

         7       made by the employee.

         8                  So there would be minimal cost.

         9       The Comptroller's office states that there

        10       could be an additional cost based on the

        11       length of service that now expands the

        12       retirement benefit.  However, most of it would

        13       have been borne by the investment -- by the

        14       employee to begin with.

        15                  SENATOR DeFRANCISCO:    Thank you.

        16                  On the bill.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator DeFrancisco, on the bill.

        19                  SENATOR DeFRANCISCO:    You know,

        20       the whole concept of buying back service for

        21       which you did not serve, was the sponsor's

        22       words, just really is foreign to me.  I can

        23       understand that if you want to buy back

        24       service time for -- and we've done that on

        25       several situations.  But basically what this



                      Candyco Transcription Service, Inc.
                                                        7341



         1       is is providing the pension fund as a vehicle

         2       for investment for an employee.

         3                  And the investment is a pretty good

         4       investment, because you can't lose.  You can't

         5       lose because you can always get your

         6       investment money back with interest.  But on

         7       the other hand, on the upside, you may end up,

         8       as the Comptroller said, taking funds out of

         9       the pension system above and beyond your

        10       investment.  Which means taking pension funds

        11       out that would be available for other

        12       pensioners and therefore, in a way, putting

        13       some strain -- minimal though it may be,

        14       depending upon the number of people that do

        15       this -- on the pension fund.

        16                  And as we all know, when

        17       investments go down in value, then there's a

        18       big hit on local governments and school

        19       districts to try to put more money in so that

        20       the pension fund is flush.  So it seems to me

        21       that this is a bad deal for the pension fund

        22       and therefore for those who are already in the

        23       pension system.

        24                  And lastly, the person who might

        25       want to make this investment could do



                      Candyco Transcription Service, Inc.
                                                        7342



         1       something else.  They can invest like

         2       everybody else does and take the risks like

         3       everybody else does by trying alternative

         4       investments.  This is not what the pension

         5       fund was meant for, and it should not be used

         6       in this fashion.

         7                  For that reason, I'm going to vote

         8       no.  Thank you.

         9                  ACTING PRESIDENT VALESKY:    Thank

        10       you, Senator DeFrancisco.

        11                  Are there any other Senators who

        12       wish to be heard?

        13                  Senator Flanagan.

        14                  SENATOR FLANAGAN:    Thank you,

        15       Mr. President.  On the bill.

        16                  I join in the remarks of Senator

        17       DeFrancisco.  And I think this is exactly the

        18       kind of bill that we will get killed for if we

        19       pass this bill and it gets chaptered into law.

        20       I can't fathom going back to the people I

        21       represent and saying now somebody can buy five

        22       years' worth of credit that they don't have to

        23       work a single day to do that.  I can just see

        24       the editorials now.  It's like air time -- and

        25       they're going to be calling us airheads for



                      Candyco Transcription Service, Inc.
                                                        7343



         1       doing something like this.

         2                  With all the scrutiny and all the

         3       discussion and all the debate about pensions

         4       and defined benefit and defined contribution

         5       and some of the issues involving the largesse

         6       of public pensions, this sends exactly the

         7       wrong message at the wrong time.  I don't see

         8       how anybody can look at this and in good

         9       conscience support it, particularly when so

        10       many of our constituents are hurting in a lot

        11       of different ways.

        12                  Many people would love to have the

        13       pensions that we have available to us as

        14       public-sector employees and wouldn't look for

        15       anything else.  Five years credit for not

        16       having to work a single day is bad public

        17       policy.

        18                  ACTING PRESIDENT VALESKY:    Thank

        19       you, Senator Flanagan.

        20                  Are there any other Senators who

        21       wish to be heard?

        22                  Seeing none, the debate is closed.

        23       The Secretary will ring the bells.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                                        7344



         1       act shall take effect on the 90th day.

         2                  ACTING PRESIDENT VALESKY:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Savino, to explain her vote.

         7                  SENATOR SAVINO:    Thank you,

         8       Mr. President.

         9                  I'm going to try one more time and

        10       just say that this bill would allow people, at

        11       great expense for themselves, to be able to

        12       utilize the pension system as an investment

        13       vehicle, with minimal cost to the employer.

        14                  Contrary to the comments of Senator

        15       Flanagan about how somehow this will drive up

        16       costs and cost the taxpayers thousands of

        17       dollars -- which I find your comments rather

        18       interesting, Senator Flanagan, since earlier

        19       this year you submitted a bill to my committee

        20       that was a 25/55 statewide with a $200 million

        21       price tag, and we in the committee rightfully

        22       rejected it.

        23                  This bill will not cost the

        24       taxpayers anything other than a minimal cost.

        25       It will be expensive for the employee.  If



                      Candyco Transcription Service, Inc.
                                                        7345



         1       they want to utilize it, this will allow them

         2       to do so as it has been done in other states.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Savino to be recorded in the

         6       affirmative.

         7                  Senator Hannon, to explain his

         8       vote.

         9                  SENATOR HANNON:    Notwithstanding

        10       the traditional way of looking at costing

        11       these things out, and I'm sure that's what the

        12       actuary has relied on, the entire pension

        13       system has a whole different pressure these

        14       days, and that's why the counties are facing

        15       increased bills in one year of something on

        16       the order of $50 million.

        17                  The sponsor says that it's no cost

        18       taxpayer.  But it is, because the taxpayer has

        19       sponsored this system over the years, will

        20       continue to sponsor this system, has done the

        21       base that allows people to say, well, it's

        22       only a little bit more.

        23                  But that base is under attack.

        24       Investments are going down.  The Comptroller

        25       is suing British Petroleum because that stock



                      Candyco Transcription Service, Inc.
                                                        7346



         1       alone has dropped 10 percent, 20 percent,

         2       30 percent, causing billions of dollars of

         3       loss to the pension system.

         4                  The traditional ways of accounting

         5       do not go forward.  And it's going to cost the

         6       taxpayer, with a bill like this, to the

         7       benefit of the individuals who buy in.  And

         8       that's why I'm voting against it.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Hannon to be recorded in the negative.

        11                  Senator Flanagan, to explain his

        12       vote.

        13                  SENATOR FLANAGAN:    Thank you,

        14       Mr. President.

        15                  In explaining my vote I listened

        16       carefully to the comments from Senator Savino,

        17       and I'll make a couple of distinctions.

        18       Number one, the bill that I had introduced is

        19       not before the house.

        20                  Number two, this bill is what I

        21       would describe as the ultimate pension

        22       sweetener.  I don't see how anybody could go

        23       back to your constituents, any corner, any

        24       village, any town, any community in the state

        25       and say that this is good public policy.  This



                      Candyco Transcription Service, Inc.
                                                        7347



         1       is five years' credit for not working a single

         2       day.  It doesn't matter whether or not the

         3       employee has to pay for this or not.  Senator

         4       DeFrancisco demonstrated that there could be a

         5       cost to the system, which is a cost to the

         6       taxpayer.

         7                  The reality is it's about 1700

         8       days' worth of credit for not a single day's

         9       work.  That alone is reason enough to vote no.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Flanagan to be recorded in the

        12       negative.

        13                  Senator Saland, to explain his

        14       vote.

        15                  SENATOR SALAND:    Thank you,

        16       Mr. President.

        17                  I listened to the exchanges between

        18       Senator DeFrancisco and Senator Savino as well

        19       as Senator Flanagan's comments, and I think it

        20       might be a little soft or subdued to call this

        21       a pension sweetener.  I think it would be even

        22       a little too subdued to call it an early

        23       Christmas present.

        24                  I think it's more like someone's

        25       taking a club and hammering a pinata and



                      Candyco Transcription Service, Inc.
                                                        7348



         1       slamming a bellyful of bucks just falling out

         2       of the pension system to some people who did

         3       not or will not spend one day of time on the

         4       public payroll for benefits they would earn

         5       and impose upon everybody else in the system

         6       the responsibility of picking up those costs,

         7       particularly if in fact they should have the

         8       good fortune of beating the actuarial

         9       anticipation of their lifespan.

        10                  So I think this is among a slew of

        11       pension bills that we've seen in the past week

        12       or two, perhaps one of the most defective, and

        13       certainly warrants being defeated.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Saland to be recorded in the negative.

        16                  Senator DeFrancisco, to explain his

        17       vote.

        18                  SENATOR DeFRANCISCO:    Very

        19       simply, this is not really a pension bill.  It

        20       uses the pension system as an investment

        21       vehicle for individuals for the five-year

        22       period that didn't serve one day of service

        23       for the State of New York.

        24                  And the problem with the investment

        25       vehicle that's being offered if this bill



                      Candyco Transcription Service, Inc.
                                                        7349



         1       passes is that the investment vehicle has no

         2       risk to the employee, because they could

         3       always get their money back plus interest, but

         4       it has a downside for the pension system if

         5       the employee lives for a certain period of

         6       time.  That could be a drain on the pension

         7       system.

         8                  Investments should be investments;

         9       pensions should be earned.  And if people want

        10       to invest, this is not the investment vehicle,

        11       the New York State pension, that should be

        12       used as an investment.  For those reasons, I

        13       vote no.

        14                  Thank you.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator DeFrancisco to be recorded in the

        17       negative.

        18                  Announce the results.

        19                  THE SECRETARY:    Those recorded in

        20       the negative on Calendar Number 1331 are

        21       Senators Alesi, Bonacic, DeFrancisco, Farley,

        22       Flanagan, Fuschillo, Golden, Griffo, Hannon,

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

        24       Libous, Little, Marcellino, Maziarz, McDonald,

        25       Nozzolio, Padavan, Ranzenhofer, Robach,



                      Candyco Transcription Service, Inc.
                                                        7350



         1       Saland, Seward, Skelos, Volker, Winner and

         2       Young.

         3                  SENATOR KLEIN:    Lay the bill

         4       aside for the day, please.

         5                  ACTING PRESIDENT VALESKY:    The

         6       roll call is withdrawn, and the bill is laid

         7       aside for the day.

         8                  THE SECRETARY:    Calendar Number

         9       1342, substituted earlier today by Member of

        10       the Assembly Rosenthal, Assembly Print Number

        11       8285, an act to amend the Social Services Law

        12       and the State Administrative Procedure Act.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Hannon.

        15                  SENATOR HANNON:    On the bill.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Hannon, on the bill.

        18                  SENATOR HANNON:    This is a bill

        19       that -- very simple, 20 lines long -- to say

        20       that certain nonprescription drugs could be

        21       added to the list of drugs reimbursable under

        22       Medicaid.

        23                  There are obviously circumstances

        24       when that is of benefit to the individual and

        25       benefit to the taxpayer, especially when some



                      Candyco Transcription Service, Inc.
                                                        7351



         1       type of drug has been taken off of being a

         2       prescribed drug, it goes generic, and then it

         3       goes proprietary over the counter.

         4                  The difficulty is there is a

         5       provision in this new language that says it

         6       can be done without prior notice and without

         7       comment.  And I think that is fundamentally

         8       wrong.  I think there should be a requirement

         9       that it saves money or it is a better-quality

        10       drug than is otherwise available or both.  But

        11       to do it without notice and without comment

        12       does not serve the Medicaid system, does not

        13       serve an individual, does not serve the

        14       taxpayer well at all.

        15                  And I'm sure there must be some

        16       reason.  This has not been something that has

        17       been hotly discussed.  But just reading the

        18       plain language, I have a problem with it.  And

        19       I'll be voting in the negative, Mr. President.

        20                  ACTING PRESIDENT VALESKY:    Thank

        21       you, Senator Hannon.

        22                  Are there any other Senators who

        23       wish to be heard?

        24                  Seeing none, the debate is closed.

        25       The Secretary will ring the bells.



                      Candyco Transcription Service, Inc.
                                                        7352



         1                  Read the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect on the 30th day.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Duane, to explain his vote.

         9                  SENATOR DUANE:    Thank you,

        10       Mr. President.

        11                  This legislation will save patients

        12       time, make it easier for them to get

        13       medication when they need it.  It will help

        14       people get more effective treatments faster

        15       and cheaper.

        16                  And this legislation is going to

        17       save the state money and also save the state

        18       time.  And if you believe time is money, which

        19       I believe in work it is, it's going to save

        20       money because it will take less time of people

        21       to make these approvals.

        22                  Anyway, I just encourage everyone

        23       to vote yes.  It's a good bill.  Thank you,

        24       Mr. President.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        7353



         1       Senator Duane to be recorded in the

         2       affirmative.

         3                  Would those Senators voting in the

         4       negative on Calendar Number 1342 please raise

         5       your hands once again.

         6                  Announce the results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 1342 are

         9       Senators Alesi, Bonacic, DeFrancisco, Farley,

        10       Flanagan, Fuschillo, Golden, Griffo, Hannon,

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

        12       Libous, Little, Marcellino, Maziarz, McDonald,

        13       Nozzolio, Padavan, Ranzenhofer, Robach,

        14       Saland, Seward, Skelos, Volker, Winner and

        15       Young.

        16                  Ayes, 32.  Nays, 29.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1359, by Senator Hassell-Thompson, Senate

        21       Print 8229, an act to amend the Executive Law.

        22                  ACTING PRESIDENT VALESKY:    Are

        23       there any Senators who wish to be heard?

        24                  Seeing none, the debate is closed.

        25       The Secretary will ring the bells.



                      Candyco Transcription Service, Inc.
                                                        7354



         1                  Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT VALESKY:

         8       Announce the results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative on Calendar Number 1359 are

        11       Senators Alesi, Bonacic, DeFrancisco, Farley,

        12       Flanagan, Fuschillo, Golden, Griffo, Hannon,

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

        14       Libous, Little, Marcellino, Maziarz, McDonald,

        15       Nozzolio, Padavan, Ranzenhofer, Robach,

        16       Saland, Seward, Skelos, Volker, Winner and

        17       Young.

        18                  Ayes, 32.  Nays, 29.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1365, by Senator Klein, Senate Print 8347, an

        23       act to amend the Education Law.

        24                  ACTING PRESIDENT VALESKY:    Are

        25       there any Senators who wish to be heard?



                      Candyco Transcription Service, Inc.
                                                        7355



         1                  Seeing none, the debate is closed.

         2       The Secretary will ring the bells and read the

         3       last section.

         4                  THE SECRETARY:    Section 5.  This

         5       act shall take effect on the 180th day.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT VALESKY:

        10       Announce the results.

        11                  THE SECRETARY:    Those recorded in

        12       the negative on Calendar Number 1365 are

        13       Senators Alesi, DeFrancisco, Duane, Farley,

        14       Golden, Hannon, Hassell-Thompson, O. Johnson,

        15       L. Krueger, McDonald, Nozzolio, Ranzenhofer

        16       and Saland.

        17                  Ayes, 48.  Nays, 13.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1369, substituted earlier today by the

        22       Assembly Committee on Rules, Assembly Print

        23       Number 11567, an act to amend the Multiple

        24       Dwelling Law.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        7356



         1       Senator Padavan.

         2                  SENATOR PADAVAN:    Once again,

         3       Mr. President, let me repeat briefly my

         4       earlier comments.

         5                  This bill is legislative blackmail.

         6       They've tied together two totally unrelated

         7       issues, Loft Law extensions and elimination of

         8       any types of limits on the operation of video

         9       lottery -- what I called video crack many

        10       years ago, and that label still remains.

        11       There was a limit of 13 hours -- bars,

        12       taverns, bowling alleys, et cetera -- now it's

        13       unlimited, no limitation, 24 hours a day,

        14       seven days a week.

        15                  But I think the insult to this

        16       Legislature, I think it's an insult to this

        17       Legislature to say to you if you're for the

        18       Loft Law -- and I happen to be one -- you have

        19       to vote for this, which you're against.  To me

        20       that is not only disingenuous but I think

        21       unethical.

        22                  And why we allow ourselves to be

        23       put in this position when we could prevent

        24       it -- let each of these issues stand on their

        25       own.  Let us make a judgment based on what the



                      Candyco Transcription Service, Inc.
                                                        7357



         1       facts are on two completely unrelated

         2       subjects.

         3                  I vote no.

         4                  ACTING PRESIDENT VALESKY:    Thank

         5       you, Senator Padavan.

         6                  Are there any other Senators who

         7       wish to be heard?

         8                  Seeing none, the debate is closed.

         9       The Secretary will ring the bells.

        10                  SENATOR LaVALLE:    Mr. President.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator LaValle.

        13                  SENATOR LaVALLE:    I have a

        14       question for the chairman of the Finance

        15       Committee.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Kruger, Senator LaValle is asking you

        18       to yield to a question.

        19                  SENATOR CARL KRUGER:    On this

        20       bill?

        21                  SENATOR LaVALLE:    Yes.

        22                  SENATOR CARL KRUGER:    Yes, I

        23       yield, yes.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Kruger yields.



                      Candyco Transcription Service, Inc.
                                                        7358



         1                  SENATOR CARL KRUGER:

         2                  SENATOR LaVALLE:    I just want to

         3       make sure.  It has STAR in the title on this

         4       bill, and yet I don't find -- I have a

         5       two-part question.

         6                  One, does this bill have anything

         7       to do with the STAR program, number one.  And

         8       the second question is, is the money for STAR

         9       in the revenue budget bill?

        10                  SENATOR CARL KRUGER:    To answer

        11       Senator LaValle's question, through you,

        12       Mr. President, yes, the Quick Draw has the

        13       STAR provision in it and it helps fund STAR.

        14       I guess that's the answer.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Saland.

        17                  SENATOR SALAND:    Mr. President, I

        18       can't hear Senator Kruger.  If perhaps --

        19                  SENATOR CARL KRUGER:    Well, is

        20       the mic on?

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Kruger.

        23                  SENATOR CARL KRUGER:    Firstly,

        24       for the purpose of clarity, this bill is no

        25       different than the bill that was passed a year



                      Candyco Transcription Service, Inc.
                                                        7359



         1       before and the year before that and the year

         2       before that and the year before that and the

         3       year before that.  So in principle, what we're

         4       talking about, although it may be a

         5       contentious issue this year, it's no difficult

         6       different than the bills that have been passed

         7       in this house since the very beginning of the

         8       Loft Law.

         9                  So now in answer to your question,

        10       Senator LaValle, the provisions of this bill

        11       are no different than the provisions of the

        12       bill as it was reflected through all the years

        13       that you voted for it.

        14                  SENATOR LaVALLE:    Or not voted

        15       for it.

        16                  SENATOR CARL KRUGER:    Or voted on

        17       it, rather.

        18                  SENATOR LaVALLE:    I look at the

        19       bill, and the only --

        20                  ACTING PRESIDENT VALESKY:

        21       Senator LaValle, are you asking Senator Kruger

        22       to continue to yield?

        23                  SENATOR LaVALLE:    Yeah,

        24       Mr. President.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        7360



         1       Senator Kruger, do you continue to yield?

         2                  SENATOR CARL KRUGER:    Yes,

         3       Mr. President.

         4                  ACTING PRESIDENT VALESKY:    The

         5       sponsor yields.

         6                  SENATOR LaVALLE:    I'm looking at

         7       the bill, and the only reference here to the

         8       STAR is to possibly that we extend the date,

         9       we take out July 2, 2010, when upon such date

        10       they shall expire and be repealed.  Is that --

        11       is that -- are you talking about --

        12                  SENATOR CARL KRUGER:    Through

        13       you, Mr. President, no.  Quick Draw expires,

        14       not STAR.

        15                  SENATOR LaVALLE:    Okay.  Senator,

        16       could you just guide me -- what are we talking

        17       about -- Mr. President --

        18                  ACTING PRESIDENT VALESKY:

        19       Senator LaValle.

        20                  SENATOR CARL KRUGER:    Yes, we're

        21       trying to pull out the bill, Mr. President.

        22                  Your question, Senator?

        23                  SENATOR LaVALLE:    If you could

        24       direct me as to what are we doing with the

        25       STAR program in this bill.



                      Candyco Transcription Service, Inc.
                                                        7361



         1                  SENATOR CARL KRUGER:    Through

         2       you, Mr. President, we're not doing anything

         3       with STAR through this bill, anything

         4       different.

         5                  SENATOR LaVALLE:    What do you

         6       mean, anything different?  Are we extending

         7       it?

         8                  SENATOR CARL KRUGER:    Maybe you

         9       could be more explicit with your question.

        10                  SENATOR LaVALLE:    All I want to

        11       know is, are we extending the STAR program in

        12       this bill?  Or what are we doing to the STAR

        13       program in this bill?

        14                  SENATOR CARL KRUGER:    Okay.

        15       Through you, Mr. President, the funding of the

        16       STAR program, a portion of it comes through

        17       the Quick Draw lottery, yes, through the video

        18       lottery.  And we're also changing the hours of

        19       play.

        20                  SENATOR LaVALLE:    So just let me,

        21       Mr. President --

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Kruger, do you continue to yield?

        24                  SENATOR KLEIN:    Yes, I do.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        7362



         1       Senator Kruger yields.

         2                  SENATOR LaVALLE:    So what you're

         3       saying to me is that we're using Quick Draw

         4       monies to finance a portion of the STAR

         5       program.

         6                  SENATOR CARL KRUGER:    Yes, as

         7       today and has always been the case.

         8                  SENATOR LaVALLE:    Okay, thank

         9       you.  Thank you, Senator Kruger.  Thank you,

        10       Mr. President.

        11                  ACTING PRESIDENT VALESKY:    Thank

        12       you, Senator LaValle.

        13                  Are there any other Senators who

        14       wish to be heard?

        15                  Senator Padavan.

        16                  SENATOR PADAVAN:    Yeah, if the

        17       Senator would yield.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Kruger?

        20                  SENATOR CARL KRUGER:    Yes, I do.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Kruger yields.

        23                  SENATOR PADAVAN:    I'm reading

        24       over the bill.  Page 4 talks about the STAR

        25       program in terms of the effective date, and



                      Candyco Transcription Service, Inc.
                                                        7363



         1       then you go down further on page 4 and it

         2       deals with the changing of the hours of video

         3       lottery from the 13 hours, so on, to around

         4       the clock, no limit.

         5                  I don't see any statement or any

         6       reference or any direction in this bill that

         7       says the funds hereon acquired through the

         8       video lottery will be used to offset STAR

         9       rebates.  There's no reference here that I can

        10       find anywhere.

        11                  SENATOR CARL KRUGER:    Through

        12       you, Mr. President, the language that you're

        13       referring to would appear not in this bill.

        14                  SENATOR PADAVAN:    Oh, it isn't in

        15       this bill.

        16                  SENATOR CARL KRUGER:    Excuse me?

        17       Through you, Mr. President.

        18                  SENATOR PADAVAN:    It's not in

        19       this bill.

        20                  SENATOR CARL KRUGER:    Through

        21       you, Mr. President.  If you would refer,

        22       Senator, to Chapter 405 of the Laws of 1999,

        23       it would explicitly lay that out.

        24                  SENATOR PADAVAN:    Would the

        25       Senator yield.



                      Candyco Transcription Service, Inc.
                                                        7364



         1                  ACTING PRESIDENT VALESKY:

         2       Senator Kruger?

         3                  SENATOR CARL KRUGER:    Yes, I

         4       will, Mr. President.

         5                  SENATOR PADAVAN:    I'm sure that

         6       there is some other reference in the law

         7       relevant to STAR.  But this bill does not say,

         8       by virtue of extending the hours from 13 to

         9       24 hours a day, seven days a week, monies

        10       shall now be provided to the STAR relief

        11       program.  There's no reference, there's no

        12       tie-in, there's no correlation, none

        13       whatsoever.

        14                  Now, if you tell me I'm wrong, I'd

        15       be certainly appreciative of hearing where,

        16       and tell me what line and what page in this

        17       bill that is the case.

        18                  SENATOR CARL KRUGER:    Through

        19       you, Mr. President, maybe perhaps if the --

        20       we're having some collaboration between the

        21       two Finance secretaries, and maybe we can come

        22       up with an answer that satisfies you, Senator

        23       Padavan.

        24                  Through you, Mr. President, if I'm

        25       paraphrasing -- the title of the bill is not



                      Candyco Transcription Service, Inc.
                                                        7365



         1       reflective of the content of the bill.  The

         2       actual content of the bill and as it relates

         3       to STAR goes back to the original -- to the

         4       original chapter.  This bill has nothing to do

         5       with STAR per se.

         6                  SENATOR PADAVAN:    Thank you,

         7       Senator Kruger.

         8                  So the bill, I'll repeat it loudly,

         9       has absolutely nothing to do with STAR one way

        10       or the other.  Thank you, Mr. President.

        11                  ACTING PRESIDENT VALESKY:    Thank

        12       you, Senator Padavan.

        13                  Are there any other Senators who

        14       wish to be heard?

        15                  Seeing none, the debate is closed.

        16       The Secretary will ring the bells.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT VALESKY:

        24       Announce the results.

        25                  THE SECRETARY:    Those recorded in



                      Candyco Transcription Service, Inc.
                                                        7366



         1       the negative on Calendar Number 1369 are

         2       Senators Alesi, Bonacic, DeFrancisco, Farley,

         3       Flanagan, O. Johnson, Lanza, Larkin, LaValle,

         4       Leibell, Little, Nozzolio, Padavan,

         5       Ranzenhofer, Saland, Volker, Winner and Young.

         6                  Ayes, 43.  Nays, 18.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 1370, Senator Schneiderman

        11       moves to discharge, from the Committee on

        12       Rules, Assembly Bill Number 11568 and

        13       substitute it for the identical Senate Bill

        14       Number 8378, Third Reading Calendar 1370.

        15                  ACTING PRESIDENT VALESKY:

        16       Substitution ordered.

        17                  THE SECRETARY:    Calendar Number

        18       1370, by the Assembly Committee on Rules,

        19       Assembly Print Number 11568, an act to amend

        20       the State Finance Law.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Hannon.

        23                  SENATOR HANNON:    On the bill,

        24       Mr. President.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        7367



         1       Senator Hannon, on the bill.

         2                  SENATOR HANNON:    This bill seems

         3       to be one of the everlasting cascade bills for

         4       giving new rights of action that are coming

         5       from Senator Schneiderman this session.  We've

         6       seen a few last night in Rules; those haven't

         7       hit the floor.  But this one, which was only

         8       introduced June 27, 2010, would try to expand

         9       mightily the False Claims Act that we had

        10       enacted in 2007.

        11                  And it's a very surprising presence

        12       on the floor this because it's members of the

        13       majority that have put in proposals that would

        14       curtail the state's Medical Inspector General,

        15       but this bill would give more powers than what

        16       the OMIG has.  And so I'm surprised.

        17                  I find that it talks about

        18       elevating an innocent oversight to fraud.  It

        19       would reward the lawyers or bounty hunters for

        20       actions brought even if the information is

        21       gleaned from already published governmental

        22       reports.  It even adds a whole theory of

        23       reverse false claims, and then adds insult to

        24       injury by making it all retroactive to a

        25       number of years ago.



                      Candyco Transcription Service, Inc.
                                                        7368



         1                  Now, I am sure the learned Senator

         2       who is sponsoring this is going to have a lot

         3       of lawyerlike arguments to justify it,

         4       including, well, there's a lot of precedent in

         5       the new Federal Healthcare Reform Act.  But I

         6       just don't think it's appropriate at the end

         7       of a session to put a bill like this through,

         8       put a bill like this through when we've taken

         9       hundreds of millions of dollars from the

        10       healthcare system, we evaluate how it should

        11       be brought -- and if the federal healthcare

        12       law did have similar provisions, I would point

        13       out it's a whole different statutory scheme

        14       that we have doing oversight.  And we should

        15       not be rushing into it, we should be

        16       evaluating this.

        17                  And I think you should withdraw --

        18       it may well have merit in the future.  And

        19       we're going to be back, and we can take a look

        20       at it.  But something that was introduced on

        21       June 27th and three days later we're acting on

        22       it, it's complicated, it's costly, and I think

        23       it's the wrong direction.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT VALESKY:    Thank



                      Candyco Transcription Service, Inc.
                                                        7369



         1       you, Senator Hannon.

         2                  Senator Schneiderman, on the bill.

         3                  SENATOR SCHNEIDERMAN:    Thank you,

         4       Mr. President.

         5                  I appreciate, as always, Senator

         6       Hannon's learned commentary.  And I do

         7       strongly disagree.

         8                  This legislation is a revised

         9       version of a bill that was introduced in

        10       March.  It is in keeping with some other bills

        11       that we've been introducing here in the course

        12       of the last few weeks and that we've debated.

        13                  This an anti-crime bill, Mr.

        14       President.  This is a tough-on-crime bill.

        15       There is a crime wave in this state that is

        16       going unaddressed.  The crime wave is fraud

        17       against the government.

        18                  We know that local governments are

        19       victims of fraud, we know that state agencies

        20       are victims of fraud.  This bill, the Fraud

        21       Enforcement and Recovery Act, builds on the

        22       work of the False Claims Act which we passed

        23       in 2007 -- Senator Hannon is quite correct --

        24       after years of opposition from the

        25       then-majority.



                      Candyco Transcription Service, Inc.
                                                        7370



         1                  And because we passed the False

         2       Claims Act -- which is modeled on a bill

         3       passed by President Abraham Lincoln, otherwise

         4       revered on the other side of the aisle -- the

         5       New York State Attorney General has been able

         6       to recover $200 million that we would not have

         7       otherwise recovered over the last three years.

         8       A great success story.

         9                  But we don't rest with the status

        10       quo if we want to protect the pocketbooks of

        11       the taxpayers of the State of New York.  So

        12       the federal government has moved to expand its

        13       own False Claims Act, President Obama,

        14       visionary that he is, improving on the work of

        15       Abraham Lincoln.  In Washington they passed a

        16       federal Fraud Enforcement and Recovery Act.

        17       This bill tracks that bill in many respects.

        18                  What this bill does to improve on

        19       our False Claims Act is to provide protection

        20       to whistleblowers, which turns out to be a

        21       problem, and has explicit provisions to make

        22       sure that if you blow the whistle on a corrupt

        23       government contractor, someone defrauding the

        24       government, you can't be retaliated against.

        25                  It also has other provisions that



                      Candyco Transcription Service, Inc.
                                                        7371



         1       are going to make it possible for local

         2       governments, who are left out of our False

         3       Claims Act, to recover.  Local governments

         4       that are now being defrauded and cannot

         5       recover triple damages against those

         6       committing fraud will now be able, once we

         7       pass this bill, to recover.

         8                  Mr. President, this is a tough on

         9       crime, smart on crime bill.  It's something

        10       that will bring in revenue to the state.  It

        11       is estimated that it will bring in at least

        12       $25 million a year after it gets up and

        13       running in a year or two.  Frankly, I was

        14       hoping we could do it as a part of the budget,

        15       because it does generate revenue.  That didn't

        16       work out.

        17                  But this is the kind of

        18       tough-on-crime, smart-on-crime legislation

        19       protecting the taxpayers of New York that we

        20       should be working on.  I am proud to be the

        21       sponsor of the bill, and I look forward to

        22       having bipartisan support for the efforts of

        23       Presidents Lincoln and Obama to combat fraud.

        24                  And I also would like to note that

        25       this does in fact move some of the



                      Candyco Transcription Service, Inc.
                                                        7372



         1       investigations and prosecutions in this area

         2       away from the Office of the Medicaid Inspector

         3       General.  It does in fact upgrade and improve

         4       the statutory framework through which the

         5       Attorney General can operate, and it does

         6       enable private attorneys to bring qui tam

         7       actions, which is something that's already

         8       allowed under the False Claims Act and

         9       somewhat expanded here.

        10                  This is a good bill, Mr. President.

        11       It is working at the federal level.  And, as

        12       with the False Claims Act, it is our

        13       expectation that the federal government very

        14       well may require states to enact something

        15       like this or pay a penalty, which is what

        16       happened under the False Claims Act as well.

        17                  So this is something that will

        18       generate revenues for the state, generate

        19       revenues for local government, and avoid a

        20       penalty from the federal government when they

        21       impose their traditional statutory framework.

        22                  I hope everyone will join me in

        23       supporting this bill, Mr. President.

        24                  ACTING PRESIDENT VALESKY:    Thank

        25       you, Senator Schneiderman.



                      Candyco Transcription Service, Inc.
                                                        7373



         1                  Senator Craig Johnson.

         2                  SENATOR CRAIG JOHNSON:    Thank you

         3       very much, Mr. President.

         4                  I rise in support of Senator

         5       Schneiderman's very common-sense legislation

         6       that will help New York State's government and

         7       our local governments pursue the fraud that's

         8       been going on with these various suits.

         9                  But I have to address just a remark

        10       by my friend and colleague Senator Hannon when

        11       it comes to the Office of Medicaid Inspector

        12       General.  I've had hearings, two of them, with

        13       respect to that particular office.  And

        14       there's no doubt that we in New York State

        15       need to tackle when it comes to Medicaid

        16       fraud.  But let's stop right there when we

        17       talk about that somehow this side of the aisle

        18       is trying to prevent the Office of Medicaid

        19       Inspector General from doing his job.

        20                  What my hearings have shown is the

        21       OMIG has been putting innocent providers out

        22       of business, providers who are working night

        23       and day to help those who need the safety net

        24       of Medicaid.  And what we're trying to do in

        25       this state is provide them with basic due



                      Candyco Transcription Service, Inc.
                                                        7374



         1       process rights that we give common criminals.

         2       Yet innocent providers -- healthcare

         3       providers, nursing homes, home healthcare

         4       agencies, hospitals -- don't have those same

         5       rights.

         6                  So before we start to politicize

         7       efforts being undertaken to protect the

         8       innocent healthcare providers, let's stay

         9       focused on what we need to do, which is punish

        10       fraud and protect those innocent healthcare

        11       providers who need to be protected.

        12                  Senator Schneiderman, I thank you.

        13       I thank you for your dedication on this

        14       particular piece of legislation.  It's an

        15       important piece of legislation saying give

        16       power to the Office of Attorney General to

        17       crack down on the fraud that that has been

        18       undergoing not just on our government in

        19       New York State but the local governments

        20       throughout our great state.

        21                  I'll be voting yes, Mr. President.

        22       Thank you very much.

        23                  ACTING PRESIDENT VALESKY:    Thank

        24       you, Senator Johnson.

        25                  Are there any other Senators who



                      Candyco Transcription Service, Inc.
                                                        7375



         1       wish to be heard?

         2                  Senator Hannon.

         3                  SENATOR HANNON:    Yes, just

         4       briefly.

         5                  I appreciate the comments of

         6       Senator Johnson, but the points I made are

         7       brought to me by the hospitals of the state

         8       and by the Home Care Association of the state.

         9                  And for all that you say there's

        10       overreaching by an investigatory arm now, this

        11       bill would give private attorneys the right to

        12       bring the actions and the legislation elevates

        13       an innocent oversight to fraud.

        14                  So the things you brought out in

        15       your hearings are the things that this bill

        16       gives the exact power to -- but not with

        17       somebody in government, but to a private

        18       attorney.

        19                  And if there is such a need to do

        20       this further, then I would say we should take

        21       a look at the powers of the Attorney General,

        22       who still has the unit called the MFCU, still

        23       look at the Office of Medicaid Inspector

        24       General, look at what our local DAs and

        25       sometimes controllers are doing in regard to



                      Candyco Transcription Service, Inc.
                                                        7376



         1       Medicaid fraud, and take a look at what needs

         2       to be done.

         3                  But to do this in this context at

         4       this time -- and as the sponsor notes, "one of

         5       many bills I have out right now" -- I think is

         6       an inappropriate time.  Take them all

         7       together, have hearings on this, have the bar

         8       associations involved, have healthcare

         9       providers involved, and come up with a

        10       reasonable approach.  I just don't think doing

        11       this now is appropriate.

        12                  I may vote for it, too.  And guess

        13       what?  We may vote for you.

        14                  (Laughter.)

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Johnson.

        17                  SENATOR CRAIG JOHNSON:    Thank you

        18       again.  And I truly appreciate the dialogue

        19       that my friend Senator Hannon has talked

        20       about.

        21                  But I think what's important here

        22       and what we're looking at here is what Senator

        23       Schneiderman bill establishes and addresses

        24       when it comes to the Attorney General or even

        25       private attorneys or the qui tam suits is



                      Candyco Transcription Service, Inc.
                                                        7377



         1       establishes the court which has procedures --

         2       and, Senator Hannon, you and I both know that,

         3       as attorneys -- has various procedures with a

         4       judge to allow things to go through a process.

         5                  What my hearings have shown, and in

         6       speaking to the very same hospitals that

         7       you've spoken to and the home healthcare

         8       providers and the nursing homes, when it comes

         9       to OMIG, they don't have the due process

        10       protections.  They don't have them.  In here,

        11       they at least go to court.  They can get the

        12       protection from the judges.  They can get

        13       protections in this bill.

        14                  With OMIG -- and what I'm trying to

        15       do is trying to put the very same due process

        16       protections that are out there for common

        17       criminals for litigants.  That's being

        18       prevented to them by OMIG.  And that's what my

        19       hearings have shown.  I know you've seen the

        20       hearings and you hear the testimony from

        21       providers that were put out of business who

        22       are innocent, who didn't have a chance to have

        23       a day in court.  Here, Senator Schneiderman,

        24       they'll have that opportunity.

        25                  And so I think it's important.  I



                      Candyco Transcription Service, Inc.
                                                        7378



         1       hope Senator Schneiderman does heed your

         2       words.  And obviously through process we can

         3       maybe make things better.  And I'll gladly

         4       work with you on those hearings and continue

         5       my hearings on OMIG, because I think they're

         6       important.  But I think for today we have the

         7       ability to provide protections to our local

         8       governments and to New York State.

         9                  Again, I'll be voting yes on the

        10       bill.

        11                  ACTING PRESIDENT VALESKY:    Thank

        12       you, Senator Johnson.

        13                  The debate is closed.  The

        14       Secretary will ring the bells.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 13.  This

        17       act shall take effect 14 days after it shall

        18       have become a law.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT VALESKY:

        23       Results.

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        7379



         1       bill is passed.

         2                  Senator Klein, that completes the

         3       reading of the controversial calendar.

         4                  SENATOR KLEIN:    Mr. President, at

         5       this time can we please move to a reading of

         6       the supplemental active list.

         7                  ACTING PRESIDENT VALESKY:    The

         8       Secretary will proceed with the reading of the

         9       supplemental active list.

        10                  THE SECRETARY:    Calendar Number

        11       1286, Senate Budget Bill, Senate Print 6601A,

        12       an act making appropriations for the support

        13       of government:  LEGISLATURE AND JUDICIARY

        14       BUDGET.

        15                  SENATOR DeFRANCISCO:

        16       Explanation.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator DeFrancisco, do you wish to lay the

        19       bill aside?  We're on the noncontroversial

        20       calendar.

        21                  SENATOR DeFRANCISCO:    Yes, lay it

        22       aside, please.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside.

        25                  Senator Klein.



                      Candyco Transcription Service, Inc.
                                                        7380



         1                  SENATOR KLEIN:    Mr. President, at

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

         3       controversial supplemental active list.

         4                  ACTING PRESIDENT VALESKY:    The

         5       Secretary will proceed with a reading of the

         6       controversial supplemental active list.

         7                  THE SECRETARY:    Calendar Number

         8       1286, Senate Budget Bill, Senate Print 6601A,

         9       an act making appropriations for the support

        10       of government:  LEGISLATURE AND JUDICIARY

        11       BUDGET.

        12                  SENATOR DeFRANCISCO:

        13       Explanation.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Kruger, an explanation has been

        16       requested by Senator DeFrancisco.

        17                  SENATOR CARL KRUGER:    Thank you,

        18       Mr. President.

        19                  This portion of the budget, the

        20       legislative and judiciary portion of the

        21       budget, provides for appropriations of the

        22       legislative portion of $219 million odd as an

        23       All Funds basis for the 2010-2011 budget.

        24       That's a decrease of approximately 1 percent

        25       or a $1.92 million reduction.



                      Candyco Transcription Service, Inc.
                                                        7381



         1                  The judiciary appropriates

         2       $2.656 billion in All Funds, and that is a

         3       decrease of $53 million, or 1.96 percent of

         4       the proposed 2011 budget.  It is an increase

         5       of $130 million or 5.1 percent over the

         6       FY2009-2010 levels.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator DeFrancisco.

         9                  SENATOR DeFRANCISCO:    Would

        10       Senator Kruger yield to a question or two.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Kruger, do you yield?

        13                  SENATOR CARL KRUGER:    Yes, I do.

        14                  SENATOR DeFRANCISCO:    Senator

        15       Kruger, on Monday when we did a different part

        16       of the budget, the education part, I had asked

        17       you what were the total amount of dollars that

        18       were spent, according to your numbers on this

        19       particular budget.

        20                  And it's my understanding that

        21       yesterday, Tuesday the 29th, you provided a

        22       one-page memo to Senator Libous giving that

        23       number to be $135.7 million.  Is that correct?

        24                  SENATOR CARL KRUGER:    If I can

        25       just pull out my memo for a moment.



                      Candyco Transcription Service, Inc.
                                                        7382



         1                  Through you, Mr. President, the

         2       All Funds appropriation is $135.7 billion, not

         3       million.

         4                  SENATOR DeFRANCISCO:    Oh, I'm

         5       sorry, I get those mixed up.  But --

         6                  SENATOR CARL KRUGER:    A few

         7       dollars here or there doesn't matter among

         8       friends.

         9                  SENATOR DeFRANCISCO:    Would

        10       Senator Kruger yield to another question.

        11                  SENATOR CARL KRUGER:    Yes, I do,

        12       Mr. President.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Kruger yields.

        15                  SENATOR DeFRANCISCO:    Senator

        16       Kruger, can you tell me how many billions of

        17       dollars the budget was increased this year

        18       over last year?

        19                  SENATOR CARL KRUGER:    On an

        20       All Funds basis, from 133.77 to 135.721.

        21                  SENATOR DeFRANCISCO:    So

        22       approximately -- would Senator Kruger yield to

        23       another question.

        24                  SENATOR CARL KRUGER:    Yes, I do,

        25       Mr. President.



                      Candyco Transcription Service, Inc.
                                                        7383



         1                  SENATOR DeFRANCISCO:    So

         2       according to your numbers, the amount of

         3       increase in the budget from last year to this

         4       year is approximately $4 billion?

         5                  SENATOR CARL KRUGER:    Through

         6       you, Mr. President, approximately

         7       $2.7 billion.

         8                  SENATOR DeFRANCISCO:    Would you

         9       please give me those numbers again, from what

        10       to what?

        11                  SENATOR CARL KRUGER:    133.077 to

        12       135.721.  Which is a change of approximately

        13       2 percent.

        14                  SENATOR DeFRANCISCO:    Okay.  And

        15       would Senator C. Kruger yield to another

        16       question.

        17                  SENATOR CARL KRUGER:    Yes, I do,

        18       Mr. President.

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Kruger continues to yield.

        21                  SENATOR DeFRANCISCO:    Do you

        22       know, Senator Kruger, whether the Governor has

        23       got a different figure for last year's budget

        24       as far as what was spent in last year's

        25       budget?



                      Candyco Transcription Service, Inc.
                                                        7384



         1                  SENATOR CARL KRUGER:    If you can

         2       indulge me for one moment, Mr. President.

         3                  Through you, Mr. President, I know

         4       my numbers, I don't know the Governor's

         5       numbers.  But if he's using a different

         6       number -- these are the numbers that we're

         7       using.  He may be using a number that includes

         8       an adjustment from 2009-2010.  But they're not

         9       reflective of the adjustment of our rollover

        10       numbers.

        11                  SENATOR DeFRANCISCO:    All right.

        12       Would Senator Kruger yield to another

        13       question.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Kruger?

        16                  SENATOR CARL KRUGER:    Yes, I do,

        17       Mr. President.

        18                  SENATOR DeFRANCISCO:    Now, you

        19       had referred to the memo that you gave Senator

        20       Libous yesterday.  And it's a one-page memo;

        21       correct?

        22                  SENATOR CARL KRUGER:    Yes.

        23                  SENATOR DeFRANCISCO:    Okay.  Now,

        24       Senator Kruger, the 2007 Budget Reform Act

        25       required an analysis to be provided on



                      Candyco Transcription Service, Inc.
                                                        7385



         1       everyone's desk prior to a vote on any budget

         2       bill which compared last year's budget and

         3       the -- excuse me, the Governor's budget and

         4       the changes made in the legislative budget.

         5                  Did you intend this one-page sheet

         6       of paper to be that response to that request?

         7                  SENATOR CARL KRUGER:    Through

         8       you, Mr. President, no.

         9                  SENATOR DeFRANCISCO:    Will

        10       Senator Kruger yield to another question.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Kruger?

        13                  SENATOR CARL KRUGER:    Yes, I do.

        14                  ACTING PRESIDENT VALESKY:    He

        15       continues to yield.

        16                  SENATOR DeFRANCISCO:    After this

        17       budget bill, my understanding is there may be

        18       one more budget bill, so we will have passed

        19       the entire budget.  Are you intending to

        20       provide that document -- the comparison of the

        21       Governor's budget to the legislative budget

        22       that's being passed -- at any time, whether

        23       before or after the total budget is passed?

        24                  SENATOR CARL KRUGER:    Through

        25       you, Mr. President.  I assume, Senator, that



                      Candyco Transcription Service, Inc.
                                                        7386



         1       you're referring to the revenue bill?

         2                  SENATOR DeFRANCISCO:    Let me

         3       rephrase the question, if I could, Senator

         4       Kruger.

         5                  SENATOR CARL KRUGER:    Please.

         6                  SENATOR DeFRANCISCO:    Other than

         7       this bill, we have a revenue bill left.  And

         8       then we will have passed the entire budget.

         9       The 2007 Budget Reform Act requires a

        10       comparison of the Governor's budget to the

        11       budget that the Legislature is about to pass

        12       before the budget bill passes, as to the

        13       increases, the decreases and the like.

        14                  You said you didn't intend this

        15       one-page sheet to be that comparison.  Can you

        16       tell me when we might expect to receive that?

        17                  SENATOR CARL KRUGER:    Through

        18       you, Mr. President.  As I indicated, yes, this

        19       was not the report that you're referring to.

        20       And once the revenue bill is passed upon, then

        21       that report will become available.

        22                  SENATOR DeFRANCISCO:    Okay.

        23       Thank you.

        24                  On the bill.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        7387



         1       Senator DeFrancisco, on the bill.

         2                  SENATOR DeFRANCISCO:    Once again,

         3       I don't want to be too picky by referring to a

         4       law that we're required to follow.  But it

         5       became unanimous moments ago that every part

         6       of that budget reform bill that was touted by

         7       everyone in 2007 -- and followed, by the way,

         8       in 2008, and ignored last year and this

         9       year -- that it required within 10 days after

        10       the Governor's budget for there to be budget

        11       committees could be appointed, for public

        12       budget negotiations to take place among all

        13       the membership.  That was ignored.

        14                  It required that there be an

        15       analysis placed on the legislators' desks of

        16       the differences, the increases and the

        17       decreases from the Governor's budget to this

        18       budget that's being passed by the Legislature

        19       before a vote on the budget bills.

        20                  Now we still don't have that,

        21       obviously.  And we've been promised it after

        22       we get done with the revenue bill, which once

        23       again is consistent with ignoring a law that

        24       the Legislature is supposed to follow, like

        25       the citizens are supposed to follow the



                      Candyco Transcription Service, Inc.
                                                        7388



         1       various laws that we make that they're

         2       responsible for.  And by the way, if they

         3       violate a law, there's consequences.

         4       Apparently there's none here.

         5                  So with that said, I just want to

         6       also say with respect to the increase from

         7       last year, we have done an analysis of the

         8       increase of the budget from last year to this

         9       year, and our analysis is $5 billion.  Now,

        10       we'll wait to see what the Governor and the

        11       Comptroller say.  But in a time of fiscal

        12       concern in this State of New York, where we

        13       supposedly have a $9.2 billion deficit, we're

        14       increasing spending by anywhere from

        15       $2.7 billion to $5 billion, depending upon

        16       whose numbers you take.

        17                  So this is a bad budget bill.  The

        18       whole budget is bad.  And it's an

        19       irresponsible budget.  I'm going to vote no.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT VALESKY:    Thank

        22       you, Senator DeFrancisco.

        23                  Are there any other Senators who

        24       wish to be heard?

        25                  Seeing none, the debate is closed.



                      Candyco Transcription Service, Inc.
                                                        7389



         1       The Secretary will ring the bells.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 5.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT VALESKY:

         9       Announce the results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 1286 are

        12       Senators Alesi, Bonacic, DeFrancisco, Farley,

        13       Flanagan, Fuschillo, Golden, Griffo, Hannon,

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

        15       Libous, Little, Marcellino, Maziarz, McDonald,

        16       Nozzolio, Padavan, Ranzenhofer, Robach,

        17       Saland, Seward, Skelos, Volker, Winner and

        18       Young.

        19                  Ayes, 32.  Nays, 29.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  Senator Klein, that completes the

        23       reading of the controversial supplemental

        24       active list.

        25                  SENATOR KLEIN:    Mr. President,



                      Candyco Transcription Service, Inc.
                                                        7390



         1       can we briefly return to motions and

         2       resolutions.

         3                  ACTING PRESIDENT VALESKY:

         4       Returning to motions and resolutions.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    On behalf of

         7       Senator Oppenheimer, I move that the following

         8       bill be discharged from its respective

         9       committee and be recommitted with instructions

        10       to strike the enacting clause:  Senate Print

        11       8307.

        12                  ACTING PRESIDENT VALESKY:    So

        13       ordered.

        14                  SENATOR KLEIN:    Mr. President, at

        15       this time can we please stand at ease.

        16                  The Republican Conference is going

        17       to conference now, and I expect we can return

        18       at 4:30.

        19                  ACTING PRESIDENT VALESKY:

        20       Immediate Republican conference.

        21                  The Senate will stand at ease until

        22       approximately 4:30.

        23                  (Whereupon, the Senate stood at

        24       ease at 3:29 p.m.)

        25                  (Whereupon, the Senate reconvened



                      Candyco Transcription Service, Inc.
                                                        7391



         1       at 5:56 p.m.)

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Klein.

         4                  SENATOR KLEIN:    Mr. President,

         5       there will be an immediate meeting of the

         6       Rules Committee in the Majority Conference

         7       Room.

         8                  Pending the return of the Rules

         9       Committee, may we please stand at ease.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       There will be an immediate meeting of the

        12       Rules Committee in Room 332.

        13                  Pending the return of the Rules

        14       Committee, the Senate stands at ease.

        15                  (Whereupon, the Senate stood at

        16       ease at 5:57 p.m.)

        17                  (Whereupon, the Senate reconvened

        18       at 6:46 p.m.)

        19                  ACTING PRESIDENT VALESKY:    The

        20       Senate will come to order.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Mr. President,

        23       can we please go to a reading of Senate

        24       Supplemental Calendar Number 74A.

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        7392



         1       Senator Klein.

         2                  SENATOR KLEIN:    Mr. President,

         3       first I believe there is a report of the Rules

         4       Committee at the desk.  At this time can we

         5       adopt the report of the Rules Committee.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Klein, there is a report of the Rules

         8       Committee at the desk.

         9                  The Secretary will read.

        10                  THE SECRETARY:    Senator Smith,

        11       from the Committee on Rules, reports the

        12       following bills:

        13                  Senate Print 2057, by Senator

        14       Dilan, an act to amend the Vehicle and Traffic

        15       Law;

        16                  3191B, by Senator Stavisky, an act

        17       to amend the Public Health Law;

        18                  3705, by Senator Huntley, an act to

        19       amend the Administrative Code of the City of

        20       New York;

        21                  4075A, by Senator Winner, an act to

        22       amend the Education Law;

        23                  4528A, by Senator L. Krueger, an

        24       act to amend the Administrative Code of the

        25       City of New York;



                      Candyco Transcription Service, Inc.
                                                        7393



         1                  5410, by Senator Klein, an act to

         2       amend the Religious Corporations Law;

         3                  6298A, by Senator Savino, an act to

         4       authorize;

         5                  6477, by Senator Stewart-Cousins,

         6       an act to amend the General Municipal Law;

         7                  6793B, by Senator Valesky, an act

         8       to amend the Environmental Conservation Law;

         9                  6930A, by Senator C. Johnson, an

        10       act to amend the General Business Law;

        11                  6998A, by Senator Addabbo, an act

        12       to amend the Labor Law;

        13                  7179, by Senator Winner, an act to

        14       amend the General Municipal Law;

        15                  7363, by Senator Squadron, an act

        16       to amend the Energy Law;

        17                  7455A, by Senator Savino, an act to

        18       amend the Workers' Compensation Law;

        19                  7680, by Senator Diaz, an act to

        20       amend the Penal Law;

        21                  7765, by Senator Hassell-Thompson,

        22       an act to authorize;

        23                  7966A, by Senator Thompson, an act

        24       to amend the Environmental Conservation Law;

        25                  8020, by Senator Perkins, an act to



                      Candyco Transcription Service, Inc.
                                                        7394



         1       amend the Environmental Conservation Law;

         2                  8100A, by Senator Klein, an act to

         3       amend the Real Property Actions and

         4       Proceedings Law;

         5                  8134A, by Senator Winner, an act to

         6       authorize;

         7                  8172, by Senator Huntley, an act to

         8       amend the New York City Charter;

         9                  8174, by Senator Klein, an act to

        10       amend the Real Property Actions and

        11       Proceedings Law;

        12                  8271, by Senator Klein, an act to

        13       amend the Social Services Law;

        14                  8309A, by Senator Winner, an act

        15       relating to permitting;

        16                  8348, by Senator Oppenheimer, an

        17       act to amend the Public Authorities Law;

        18                  8350, by Senator Dilan, an act to

        19       amend the Public Housing Law;

        20                  8358A, by Senator Breslin, an act

        21       to amend the Insurance Law;

        22                  8361, by Senator Peralta, an act to

        23       amend the New York City Charter;

        24                  8375, by Senator Thompson, an act

        25       to amend the Environmental Conservation Law;



                      Candyco Transcription Service, Inc.
                                                        7395



         1                  8388, by Senator Parker, an act to

         2       amend the Public Service Law;

         3                  And Senate Print 8389, by Senator

         4       Parker, an act to amend the Public Service

         5       Law.

         6                  All bills ordered direct to third

         7       reading.

         8                  ACTING PRESIDENT VALESKY:    All

         9       those in favor of adopting the report of the

        10       Rules Committee signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT VALESKY:

        13       Opposed, nay.

        14                  (Response of "Nay.")

        15                  ACTING PRESIDENT VALESKY:    The

        16       report of the Rules Committee is adopted.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Mr. President, at

        19       this time can we please go to a reading of

        20       Senate Supplemental Calendar 74A.

        21                  ACTING PRESIDENT VALESKY:    The

        22       Secretary will proceed with the reading of

        23       Senate Supplemental Calendar 74A.

        24                  THE SECRETARY:    Calendar Number

        25       1329, by Senator Dilan, Senate Print 2057, an



                      Candyco Transcription Service, Inc.
                                                        7396



         1       act to amend the Vehicle --

         2                  SENATOR KLEIN:    Lay the bill

         3       aside for the day, please.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside for the day.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1355, Senator Stavisky moves

         8       to --

         9                  SENATOR KLEIN:    Lay the bill

        10       aside temporarily, please.

        11                  ACTING PRESIDENT VALESKY:    If we

        12       could finish the substitution first.

        13                  THE SECRETARY:    Senator Stavisky

        14       moves to discharge, from the Committee on

        15       Rules, Assembly Bill Number 6714B and

        16       substitute it for the identical Senate Bill

        17       Number 3191B, Third Reading Calendar 1355.

        18                  ACTING PRESIDENT VALESKY:

        19       Substitution ordered.

        20                  The bill is laid aside temporarily.

        21                  THE SECRETARY:    Calendar Number

        22       1377, by Senator Huntley, Senate Print 3705,

        23       an act to amend the Administrative Code of the

        24       City of New York.

        25                  ACTING PRESIDENT VALESKY:    Read



                      Candyco Transcription Service, Inc.
                                                        7397



         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT VALESKY:

         8       Announce the results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative on Calendar Number 1377 are

        11       Senators Bonacic, DeFrancisco, Golden, Griffo,

        12       O. Johnson, L. Krueger, Little, Nozzolio,

        13       Ranzenhofer, Seward, Skelos, Volker and Young.

        14                  Ayes, 48.  Nays, 13.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 1378, Senator Winner moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 8079A and substitute it

        21       for the identical Senate Bill Number 4075A,

        22       Third Reading Calendar 1378.

        23                  ACTING PRESIDENT VALESKY:

        24       Substitution ordered.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7398



         1       1378, by Member of the Assembly Parment,

         2       Assembly Print Number 8079A, an act to amend

         3       the Education Law and others.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1379, by Senator L. Krueger, Senate Print

        16       4528A, an act to amend the Administrative Code

        17       of the City of New York.

        18                  ACTING PRESIDENT VALESKY:    There

        19       is a home-rule message at the desk.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect on the first of

        23       November.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



                      Candyco Transcription Service, Inc.
                                                        7399



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT VALESKY:

         3       Announce the results.

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 1379 are

         6       Senators Nozzolio, Ranzenhofer, Skelos and

         7       Young.

         8                  Ayes, 57.  Nays, 4.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1380, by Senator Klein, Senate Print 5410, an

        13       act to amend the Religious Corporations Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect on the 30th day.

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is laid aside.

        21                  THE SECRETARY:    Calendar Number

        22       1381, by Senator Savino, Senate Print 6298A,

        23       an act to authorize the City of New York.

        24                  ACTING PRESIDENT VALESKY:    The

        25       bill is high and will be laid aside for the



                      Candyco Transcription Service, Inc.
                                                        7400



         1       day.

         2                  THE SECRETARY:    Calendar Number

         3       1382, by Senator Stewart-Cousins, Senate Print

         4       6477, an act to amend the General Municipal

         5       Law.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 1383, Senator Valesky moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 924E and substitute it

        20       for the identical Senate Bill Number 6793B,

        21       Third Reading Calendar 1383.

        22                  ACTING PRESIDENT VALESKY:

        23       Substitution ordered.

        24                  THE SECRETARY:    Calendar Number

        25       1383, by Member of the Assembly DelMonte,



                      Candyco Transcription Service, Inc.
                                                        7401



         1       Assembly Print Number 924E, an act to amend

         2       the Environmental Conservation Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section --

         6                  SENATOR LIBOUS:    Lay the bill

         7       aside, please.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       1384, by Senator C. Johnson, Senate Print

        12       6930A, an act to amend the General Business

        13       Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 60.  Nays,

        22       1.  Senator Hannon recorded in the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7402



         1       1385, by Senator Addabbo, Senate Print 6998A,

         2       an act to amend the Labor Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  SENATOR DeFRANCISCO:    Lay the

        11       bill aside.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       1386, by Senator Winner, Senate Print 7179, an

        16       act to amend the General Municipal Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT VALESKY:    The



                      Candyco Transcription Service, Inc.
                                                        7403



         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1387, by Senator Squadron, Senate Print --

         4                  SENATOR LIBOUS:    Lay it aside.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar Number

         8       1388, by Senator Savino, Senate Print 7455A,

         9       an act to amend the Workers' Compensation Law.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1389, by Senator Diaz, Senate Print 7680, an

        22       act to amend the Penal Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                                        7404



         1       act shall take effect on the first of

         2       November.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1390, by Senator Hassell-Thompson, Senate

        11       Print 7765, an act to authorize the City of

        12       Mount Vernon.

        13                  ACTING PRESIDENT VALESKY:    There

        14       is a home-rule message at the desk.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 3.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 60.  Nays,

        22       1.  Senator Ranzenhofer recorded in the

        23       negative.

        24                  ACTING PRESIDENT VALESKY:    The

        25       bill is passed.



                      Candyco Transcription Service, Inc.
                                                        7405



         1                  THE SECRETARY:    Calendar Number

         2       1391, by Senator Thompson, Senate Print --

         3                  SENATOR LIBOUS:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1392, Senator Perkins moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 8687B and substitute it

        10       for the identical Senate Bill Number 8020,

        11       Third Reading Calendar 1392.

        12                  ACTING PRESIDENT VALESKY:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       1392, by Member of the Assembly Rosenthal,

        16       Assembly Print Number 8687B, an act to amend

        17       the Environmental Conservation Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT VALESKY:



                      Candyco Transcription Service, Inc.
                                                        7406



         1       Senator Libous, to explain his vote.

         2                  SENATOR LIBOUS:    Mr. President,

         3       I'm just reading some notes about this bill,

         4       and I just wanted to inform everybody that the

         5       Greater New York Automobile Dealers

         6       Association is against this, and the Upstate

         7       Automobile Dealers Association is against it.

         8                  I just thought for common

         9       information, if anybody would care to know.  I

        10       vote no.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Libous to be recorded in the negative.

        13                  Announce the results.

        14                  THE SECRETARY:    Those recorded in

        15       the negative on Calendar Number 1392 are

        16       Senators Alesi, Bonacic, DeFrancisco, Farley,

        17       Flanagan, Golden, Griffo, O. Johnson, Lanza,

        18       Larkin, Leibell, Libous, Little, Maziarz,

        19       McDonald, Nozzolio, Padavan, Ranzenhofer,

        20       Robach, Saland, Seward, Skelos, Valesky,

        21       Volker, Winner and Young.

        22                  Ayes, 35.  Nays, 26.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7407



         1       1393, by Senator Klein --

         2                  SENATOR LIBOUS:    Lay it aside.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is laid aside.

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       1394, by Senator Winner, Senate Print 8134A,

        11       an act to authorize the County of Schuyler.

        12                  ACTING PRESIDENT VALESKY:    There

        13       is a home-rule message at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 5.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1395, by Senator Huntley, Senate Print 8172,

        25       an act to amend the New York City Charter.



                      Candyco Transcription Service, Inc.
                                                        7408



         1                  ACTING PRESIDENT VALESKY:    There

         2       is a home-rule message at the desk.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1396, by Senator Klein --

        14                  SENATOR LIBOUS:    Lay it aside.

        15                  SENATOR KLEIN:    Lay the bill

        16       aside for the day, please.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside for the day.

        19                  THE SECRETARY:    Calendar Number

        20       1397, by Senator Klein --

        21                  SENATOR KLEIN:    Lay the bill

        22       aside for the day, please.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside for the day.

        25                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                                        7409



         1       Calendar Number 1398, Senator Winner moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 11505A and substitute it

         4       for the identical Senate Bill Number 8309A,

         5       Third Reading Calendar 1398.

         6                  ACTING PRESIDENT VALESKY:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       1398, by the Assembly Committee on Rules,

        10       Assembly Print Number 11505A, an act relating

        11       to permitting a permanent resident.

        12                  ACTING PRESIDENT VALESKY:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT VALESKY:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1399, by Senator Oppenheimer, Senate Print

        24       8348, an act to amend the Public Authorities

        25       Law.



                      Candyco Transcription Service, Inc.
                                                        7410



         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1400, by Senator Dilan, Senate Print 8350, an

        13       act to amend the Public Housing Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect on the same date and in

        18       the same manner as a chapter of the Laws of

        19       2010.

        20                  ACTING PRESIDENT VALESKY:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Those recorded in

        24       the negative on Calendar Number 1400 are

        25       Senators Flanagan, Golden, Lanza, Ranzenhofer,



                      Candyco Transcription Service, Inc.
                                                        7411



         1       and Young.

         2                  Ayes, 56.  Nays, 5.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 1400:  Recorded in the

         7       negative, Senator Nozzolio.

         8                  Ayes, 55.  Nays, 6.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 1401, Senator Breslin moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 11555 and substitute it

        15       for the identical Senate Bill Number 8358A,

        16       Third Reading Calendar 1401.

        17                  ACTING PRESIDENT VALESKY:

        18       Substitution ordered.

        19                  THE SECRETARY:    Calendar Number

        20       1401, by the Assembly Committee on Rules,

        21       Assembly Print Number 11555, an act to amend

        22       the Insurance Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 3.  This



                      Candyco Transcription Service, Inc.
                                                        7412



         1       act shall take effect on the same date and in

         2       the same manner as a chapter of the Laws of

         3       2010.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1402, by Senator Peralta, Senate Print 8361,

        12       an act to amend the New York City Charter.

        13                  ACTING PRESIDENT VALESKY:    There

        14       is a home-rule message at the desk.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1403, by Senator Thompson, Senate Print 8375,



                      Candyco Transcription Service, Inc.
                                                        7413



         1       an act to amend the Environmental Conservation

         2       Law.

         3                  SENATOR YOUNG:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  SENATOR YOUNG:    Oh, I'm sorry.

         7                  SENATOR LIBOUS:    No, lay it

         8       aside.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       1404, by Senator Parker, Senate Print 8388, an

        13       act to amend the Public Service Law.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is high and will be laid aside for the

        16       day.

        17                  THE SECRETARY:    Calendar Number

        18       1405, by Senator Parker, Senate Print 8389, an

        19       act to amend the Public Service Law and the

        20       State Finance Law.

        21                  ACTING PRESIDENT VALESKY:    That

        22       bill is high and will be laid aside for the

        23       day.

        24                  Senator Klein, that completes the

        25       noncontroversial reading of Supplemental



                      Candyco Transcription Service, Inc.
                                                        7414



         1       Calendar 74A.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, at

         4       this time can we please move to a reading of

         5       the controversial supplemental calendar.

         6                  ACTING PRESIDENT VALESKY:    The

         7       Secretary will proceed with the reading of the

         8       controversial supplemental calendar.

         9                  THE SECRETARY:    Calendar Number

        10       1355, substituted earlier today by Member of

        11       the Assembly Mayersohn, Assembly Print Number

        12       6714B, an act to amend the Public Health Law.

        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 will continue to

        18       read.

        19                  THE SECRETARY:    Calendar Number

        20       1380, by Senator Klein, Senate Print 5410, an

        21       act to amend the Religious Corporations Law.

        22                  SENATOR YOUNG:    Explanation.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Klein, an explanation has been

        25       requested by Senator Young.



                      Candyco Transcription Service, Inc.
                                                        7415



         1                  SENATOR KLEIN:    Mr. President,

         2       this legislation would expand the current

         3       anticombination law to prevent religious

         4       corporations owning, managing or controlling a

         5       cemetery and selling monuments.

         6                  The reason why or the need for this

         7       legislation is because back in 1998 there was

         8       a problem of for-profits selling monuments and

         9       other religious materials on cemeteries.  At

        10       the time -- and I have the memo in front of

        11       me -- the New York State Catholic Conference

        12       supported this concept and at the time said

        13       that they had no interest in selling any

        14       monuments on cemeteries.

        15                  Cemeteries are presently, as you

        16       know, not-for-profits and are prohibited from

        17       selling any monuments or any type of funeral

        18       services.  So this legislation would merely

        19       expand what we passed in 1998.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Seeing no Senators wishing to be heard on the

        22       bill, hearing none, the debate is closed.  The

        23       Secretary will please ring the bells.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                                        7416



         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       Can we have some order in the chamber, please.

         7       Thank you.

         8                  Senator Young, to explain her vote.

         9                  SENATOR YOUNG:    Thank you,

        10       Mr. President, to explain my vote.

        11                  This bill is actually an unfunded

        12       mandate because there's an average of two

        13       not-for-profit cemeteries that are abandoned

        14       or fail every single month in this state.  And

        15       when that happens, when they become insolvent,

        16       the cemetery actually becomes the

        17       responsibility of the local government.

        18                  Forty-six other states allow

        19       cemeteries to be self-sufficient by selling

        20       monuments and so on.

        21                  I think this is a very bad bill.

        22       We have a serious problem with cemeteries in

        23       this state, and this makes a very serious

        24       problem even worse.  I vote no.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7417



         1       Senator Young to be recorded in the negative.

         2                  Senator Klein, to explain his vote.

         3                  SENATOR KLEIN:    Mr. President,

         4       again, this is something that is essential to

         5       make sure there still is a monument industry

         6       in New York and there's a separation to ensure

         7       that cemeteries remain not-for-profits.

         8                  The reason why we passed the

         9       original combination bill, anticombination law

        10       in 1998 was to make sure that privates as well

        11       as the Catholic Church or synagogues didn't

        12       engage in the practice of selling monuments.

        13       At the time, all of the religious

        14       organizations supported this legislation.  And

        15       unfortunately now, years later, some within

        16       the archdiocese are taking part in this

        17       practice.

        18                  It runs counter to the law that we

        19       passed back in 1998, and it's I think an

        20       unfair advantage to the monument dealers and

        21       the monument businesses who are throughout the

        22       State of New York who certainly would not be

        23       able to compete if someone is selling

        24       monuments and maybe in the future maybe other

        25       types of religious articles within the



                      Candyco Transcription Service, Inc.
                                                        7418



         1       cemetery.

         2                  So of course I vote yes.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Klein to be recorded in the

         5       affirmative.

         6                  Senator Farley, to explain his

         7       vote.

         8                  SENATOR FARLEY:    I'm voting no

         9       because particularly in the upstate areas, the

        10       Catholic and Jewish cemeteries are desperately

        11       in -- things have changed.  They are in very

        12       serious financial difficulty.  And this allows

        13       them to survive.

        14                  I'm sorry, I think it's very

        15       important for the benefit of the cemeteries

        16       that are particularly in my district and

        17       around the state.  And I vote no.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Farley to be recorded in the negative.

        20                  Announce the results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Calendar Number 1380 are

        23       Senators Alesi, Bonacic, DeFrancisco, Diaz,

        24       Farley, Flanagan, Fuschillo, Golden, Griffo,

        25       Hannon, Lanza, LaValle, Leibell, Libous,



                      Candyco Transcription Service, Inc.
                                                        7419



         1       Little, Marcellino, Maziarz, McDonald,

         2       Nozzolio, Padavan, Ranzenhofer, Robach,

         3       Seward, Skelos, Volker, Winner and Young.

         4       Also Senator Saland.

         5                  Ayes, 33.  Nays, 28.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is passed.

         8                  The Secretary will now put before

         9       the house Calendar Number 1383.

        10                  THE SECRETARY:    Calendar

        11       Number --

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Oh, hold on.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Sorry,

        16       Mr. President.  At this time I'd like to

        17       withdraw the lay-aside on Calendar Number 1355

        18       and restore it to the controversial

        19       supplemental calendar.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       We will now withdraw the lay aside for the day

        22       on Calendar Number 1355.  We will now put

        23       Calendar Number 1355 on the controversial

        24       calendar before the house.

        25                  The Secretary will read Calendar



                      Candyco Transcription Service, Inc.
                                                        7420



         1       Number 1355.

         2                  THE SECRETARY:    Calendar Number

         3       1355, substituted earlier today by Member of

         4       the Assembly Mayersohn, Assembly Print Number

         5       6714B, an act to amend the Public Health Law.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Are there any Senators wishing to be heard on

         8       the bill?

         9                  Hearing none, the debate is closed.

        10       The Secretary will please ring the bells.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Mr. President,

        13       can we lay this bill temporarily aside.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The bill is laid aside temporarily.

        16                  The Secretary will now put before

        17       the house Calendar Number 1383.

        18                  THE SECRETARY:    Calendar Number

        19       1383, substituted earlier today by Member of

        20       the Assembly DelMonte, Assembly Print Number

        21       924E, an act to amend the Environmental

        22       Conservation Law.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Are there any Senators wishing to be heard on

        25       the bill?



                      Candyco Transcription Service, Inc.
                                                        7421



         1                  Senator Bonacic.

         2                  SENATOR BONACIC:    Thank you,

         3       Mr. President.  Will Senator Valesky just

         4       yield to a couple of quick questions.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Valesky, will you yield to Senator

         7       Bonacic?

         8                  SENATOR VALESKY:    Yes.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Bonacic, Senator Valesky will yield.

        11                  SENATOR BONACIC:    Thank you,

        12       Senator.

        13                  You know, this popped up quickly on

        14       some of us and we didn't get a chance to

        15       really discuss it.  So I'd like you to

        16       enlighten me a little bit.  I know there's

        17       some indecision or some conflict of interest

        18       within the sportsmen of whether this --

        19       there's differences of opinion whether this is

        20       good or not.

        21                  SENATOR VALESKY:    Sure.

        22                  SENATOR BONACIC:    Okay.  So my

        23       first question is, do we know how many people

        24       would be able to take advantage of this

        25       legislation, those that might be physically



                      Candyco Transcription Service, Inc.
                                                        7422



         1       handicapped?  Does the DEC have any statistics

         2       that will tell us who would benefit from this

         3       legislation?

         4                  SENATOR VALESKY:    Well, in

         5       answering that question, let me explain the

         6       bill, because that may clarify it.

         7                  This bill actually would allow any

         8       licensed big game hunter in the state to be

         9       able to hunt with a crossbow subject to the

        10       same requirements -- same licensure

        11       requirements, same safety requirements -- that

        12       any big game hunter who hunts with firearms

        13       can use in any firearm hunting season.

        14                  The issue that you referred to in

        15       regard to some controversy between sportsmen

        16       organizations -- and by the way, the New York

        17       State Conservation Council, the umbrella

        18       organization representing fish and game clubs,

        19       supports the bill.

        20                  The New York bow hunters, who had

        21       been opposed to previous versions of the

        22       legislation, we believe we have resolved their

        23       concerns by removing the use of crossbows from

        24       the special archery season, the longbow

        25       hunting-only season.  So this is use of



                      Candyco Transcription Service, Inc.
                                                        7423



         1       crossbows during the firearm season.

         2                  SENATOR BONACIC:    That clears it

         3       up.  Thank you, Senator Valesky.

         4                  SENATOR VALESKY:    Thank you.

         5                  SENATOR BONACIC:    Thank you,

         6       Mr. President.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Are there any other Senators wishing to be

         9       heard?

        10                  Senator Larkin.

        11                  SENATOR LARKIN:    Thank you,

        12       Mr. President.  Will Senator Valesky yield for

        13       one question.

        14                  SENATOR VALESKY:    Certainly.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Larkin, Senator Valesky will yield.

        17                  SENATOR LARKIN:    I too, like

        18       Senator Bonacic, this jumped out.

        19                  Long before you came here -- no

        20       disrespect -- we had a major problem with

        21       crossbows with those individuals that were in

        22       wheelchairs.  Have you added or subtracted

        23       anything from that?

        24                  SENATOR VALESKY:    We have

        25       expanded -- you're correct, Senator Larkin,



                      Candyco Transcription Service, Inc.
                                                        7424



         1       there has been crossbow hunting, relatively

         2       limited crossbow hunting in this state for

         3       those who are severely disabled for a number

         4       of years.

         5                  This bill expands the definition of

         6       "disabled hunter" for purposes of use of a

         7       crossbow during the longbow season and then

         8       allows, again, any duly licensed big game

         9       hunter to use a crossbow during any

        10       firearm-only season.

        11                  I would add, Senator Larkin, that

        12       the Department of Environmental Conservation,

        13       which as you know regulates hunting in this

        14       state, is fully supportive of this measure.

        15                  SENATOR LARKIN:    Thank you very

        16       much.  Thank you, Mr. President.

        17                  SENATOR VALESKY:    Thank you.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Padavan.

        20                  SENATOR PADAVAN:    Will the

        21       Senator yield.

        22                  SENATOR VALESKY:    Yes, of course.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Valesky will yield for Senator

        25       Padavan.



                      Candyco Transcription Service, Inc.
                                                        7425



         1                  SENATOR PADAVAN:    I'd like to be

         2       clear on this one issue, because to me it's

         3       critical.  Crossbows will only be permitted

         4       during the season that allows for rifles and I

         5       presume shotgun season --

         6                  SENATOR VALESKY:    That's correct.

         7                  SENATOR PADAVAN:    -- in those

         8       counties where shotgun is in limited use.

         9                  SENATOR VALESKY:    Correct.

        10                  SENATOR PADAVAN:    And although it

        11       varies, the season varies, the requirements

        12       vary from county to county, but that would

        13       remain fixed, am I correct?

        14                  SENATOR VALESKY:    Yes.  Yes.

        15                  SENATOR PADAVAN:    So therefore

        16       during the bow season there will not be a

        17       crossbow person in the woods allowed at the

        18       same time; is that correct?

        19                  SENATOR VALESKY:    Except for

        20       unless they are severely disabled --

        21                  SENATOR PADAVAN:    Yes, I

        22       understand that.

        23                  SENATOR VALESKY:    -- as allowed

        24       in current law.

        25                  This bill makes no changes to the



                      Candyco Transcription Service, Inc.
                                                        7426



         1       use of crossbows during the longbow-bow-only

         2       season.

         3                  SENATOR PADAVAN:    That's a very

         4       limited --

         5                  SENATOR VALESKY:    Extremely

         6       limited, yes.

         7                  SENATOR PADAVAN:    Thank you.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Any other Senators wishing to be heard?

        10                  Hearing none, the debate is closed.

        11       The Secretary will please ring the bells.

        12                  Read the last section.

        13                  THE SECRETARY:    Section 17.  This

        14       act shall take effect October 1, 2010.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Schneiderman, to explain his vote.

        20                  SENATOR SCHNEIDERMAN:    Thank you,

        21       Mr. President.

        22                  I want to commend Senator Valesky

        23       on this, and all my colleagues.  This is a

        24       good pro-sportsmen bill.  It's the kind of

        25       sensible legislation even Senator Maziarz and



                      Candyco Transcription Service, Inc.
                                                        7427



         1       I can agree on.  I'm proud to vote in the

         2       affirmative for this bill.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Schneiderman to be recorded in the

         5       affirmative.

         6                  Senator Thompson, to explain his

         7       vote.

         8                  SENATOR THOMPSON:    Yes,

         9       Mr. President.  I am glad to support this

        10       bill.  We've received at least 500 to 600

        11       letters from all across the state this year.

        12                  And I also want to congratulate

        13       Senator Valesky for working through some of

        14       the details on the bill.  We did have a little

        15       challenge with the bill in committee, but he

        16       worked through those details.

        17                  And I'm looking forward to this

        18       bill passing today because, again, we've

        19       received a lot of letters from big towns and

        20       small cities and big cities and small towns

        21       across the state.  So I think this is a good

        22       bill.  Congratulations.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Thank you, Senator Thompson.  You will be

        25       recorded in the affirmative.



                      Candyco Transcription Service, Inc.
                                                        7428



         1                  I am going to ask, before I call on

         2       Senator DeFrancisco to explain his vote, to

         3       remind Senators to please stay in the

         4       chambers.  We can move the controversial

         5       calendar along a lot faster if everybody is

         6       around so we can take the votes.

         7                  Senator DeFrancisco, to explain his

         8       vote.

         9                  SENATOR DeFRANCISCO:    Yes, I

        10       think this is a good bill.

        11                  And I had just suggested to Senator

        12       Valesky that it really -- hopefully we could

        13       do a chapter amendment and name this after Bob

        14       Ripberger, from our district, from Onondaga

        15       County, who just passed away in his nineties,

        16       I think, or close to 90.  He lobbied for this

        17       bill for as long as I've been in the Senate.

        18       I mean, he's been pushing for people, either

        19       disabled or elderly individuals who love the

        20       sport but just couldn't physically do it.

        21                  So hopefully that's possible in the

        22       near future to make that happen in memory of

        23       this fine gentleman who was a great sportsman

        24       his entire life and an advocate for sportsmen.

        25       Thank you.



                      Candyco Transcription Service, Inc.
                                                        7429



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Thank you, Senator DeFrancisco.  You will be

         3       recorded in the affirmative.

         4                  Senator Volker, to explain his

         5       vote.

         6                  SENATOR VOLKER:    Thank you,

         7       Mr. President.

         8                  I carried this bill for years, and

         9       then Senator Maziarz picked up the bill,

        10       partly because the support for the bill in

        11       Niagara County was enormous, where George

        12       lives, and some of the most prominent

        13       sportsmen in upstate New York were in that

        14       county.

        15                  One of the things that caused this

        16       bill to move along was the fact that a lot of

        17       Iraq and Afghanistan but mostly Iraq veterans,

        18       coming back, wanted to get this bill passed

        19       because they weren't considered to be disabled

        20       enough to be classified to do the hunting

        21       during the season.  Three of them, I believe,

        22       were in Erie County.  And one of them I know

        23       was in Niagara County, and I think -- one I

        24       know was in our county.

        25                  But you know, this has been a fight



                      Candyco Transcription Service, Inc.
                                                        7430



         1       with the sportsmen ever since I've been here.

         2       But I think that frankly it was something that

         3       needed to be done.

         4                  And I want to thank especially my

         5       seatmate here, Senator Padavan, because it's

         6       one of the only times since I've been here in

         7       38 years that he hasn't argued with me on a

         8       hunting bill.  And so I want to thank him very

         9       much for being cooperative.

        10                  SENATOR PADAVAN:    You're welcome.

        11                  SENATOR VOLKER:    I vote aye.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Volker to be recorded in the

        14       affirmative.

        15                  Announce the results.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 1383:  Ayes, 58.  Nays, 3.

        18       Senators Marcellino, Perkins and

        19       Stewart-Cousins recorded in the negative.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       The bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1385, by Senator Addabbo, Senate Print 6998A,

        24       an act to amend the Labor Law.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7431



         1       Are there any Senators wishing to be heard on

         2       the bill?

         3                  SENATOR DeFRANCISCO:    Yes.

         4       Explanation, please.  A brief one.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Addabbo, an explanation has been

         7       requested by Senator DeFrancisco.

         8                  SENATOR ADDABBO:    Sure.  Through

         9       you, Mr. President.

        10                  This child-safety bill would

        11       require any employer, before hiring an

        12       employee that would have direct and

        13       unsupervised contact with children under 16

        14       years, or 16 years and under, to go through a

        15       registry, to check the New York State Sex

        16       Offender Registry to see the background of

        17       that prospective employee.

        18                  The employee would know about the

        19       check, and so he would be informed.  And

        20       again, he have to have direct and unsupervised

        21       contact with the children.

        22                  SENATOR DeFRANCISCO:    Would

        23       Senator Addabbo yield to a couple of

        24       questions.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7432



         1       Senator Addabbo, will you yield for Senator

         2       DeFrancisco?

         3                  SENATOR ADDABBO:    Yes,

         4       Mr. President.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator DeFrancisco.

         7                  SENATOR DeFRANCISCO:    The title

         8       of the bill talks about requirements of

         9       certain employers.  Are the employers that

        10       have to do this limited by category, or is it

        11       all employers in the state?

        12                  SENATOR ADDABBO:    To really

        13       protect the employer as well -- through you,

        14       Mr. President -- to really protect the

        15       employer as well, it would be employers who

        16       have a job opening that has some type of

        17       substantial contact with children, again,

        18       16 years or under.

        19                  SENATOR DeFRANCISCO:    Would

        20       Senator Addabbo again yield.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Addabbo, do you continue to yield?

        23                  SENATOR ADDABBO:    Yes.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Addabbo yields.



                      Candyco Transcription Service, Inc.
                                                        7433



         1                  SENATOR DeFRANCISCO:    Aren't, for

         2       example, schools and daycare centers and the

         3       like already required to get fingerprints of

         4       employees and do these records checks?

         5                  SENATOR ADDABBO:    Through you,

         6       Mr. President, I believe so.

         7                  The issue that came about for me

         8       was through a local issue, which was a karate

         9       school in which a person who was dealing with

        10       the children there -- direct contact,

        11       unsupervised -- was a sex offender.

        12                  SENATOR DeFRANCISCO:    All right.

        13       And the last question, if he would take one

        14       more.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Addabbo, do you continue to yield?

        17                  SENATOR ADDABBO:    Yes,

        18       Mr. President.

        19                  SENATOR DeFRANCISCO:    I was

        20       looking for the bill; I can't seem to find it.

        21       But my recollection is that there was a -- if

        22       you fail to provide a notice to the employee

        23       that you're checking him for the sex registry,

        24       there's a penalty.  Is that correct?

        25                  SENATOR ADDABBO:    Through you,



                      Candyco Transcription Service, Inc.
                                                        7434



         1       Mr. President, a penalty of $100.  And again,

         2       the employer would only be responsible for the

         3       $100 if it was shown to be a willful not

         4       checking the background of the prospective

         5       employee.

         6                  SENATOR DeFRANCISCO:    And I have

         7       one last question.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Addabbo, for one last question?

        10                  SENATOR ADDABBO:    Yes,

        11       Mr. President.

        12                  SENATOR DeFRANCISCO:    Would that

        13       $100 fine apply to school districts, daycare

        14       centers and those areas that are already

        15       required to do this -- in fact, have to go

        16       further, they have to get fingerprint checks?

        17       Would that fine also apply to them?

        18                  SENATOR ADDABBO:    Through you,

        19       Mr. President, I believe it would apply to

        20       everybody who would have a school.

        21                  SENATOR DeFRANCISCO:    All right,

        22       thank you.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Any other Senators wishing to be heard on the

        25       bill?



                      Candyco Transcription Service, Inc.
                                                        7435



         1                  Hearing none, debate is closed.

         2       The Secretary will ring the bills.

         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, 61.  Nays,

        12       0.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1387, by Senator Squadron, Senate Print 7363,

        17       an act to amend the Energy Law.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Are there any Senators wishing to be heard on

        20       this bill?

        21                  SENATOR NOZZOLIO:    Explanation.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       An explanation has been requested, Senator

        24       Squadron, by Senator Nozzolio.

        25                  SENATOR SQUADRON:    Thank you very



                      Candyco Transcription Service, Inc.
                                                        7436



         1       much, Mr. President.

         2                  This bill would create

         3       energy-efficiency standards for televisions

         4       sold in the State of New York.  Televisions

         5       have become the new energy guzzlers among

         6       household appliances.  Once upon a time it was

         7       refrigerators, but in 1978 we passed

         8       energy-efficiency standards for refrigerators.

         9       And you know what happened?  They got more

        10       energy efficient and they got innovated and

        11       got cheaper and better.

        12                  We need to do the same thing with

        13       televisions now.  The new flat-screen TVs, the

        14       mega TVs can use a third, 33 percent or more

        15       energy than the traditional tube televisions

        16       did, both because of their size and because of

        17       the technology.

        18                  This bill would do some very simple

        19       things and not at all radical things.  In

        20       fact, it tracks a bill that was passed in

        21       California just recently.  It would create a

        22       Tier 1, starting for televisions manufactured

        23       after January 1, 2011, which would be a

        24       standard that, just to give you a sense, is

        25       less than the equivalent Energy Star



                      Candyco Transcription Service, Inc.
                                                        7437



         1       standard -- obviously, a voluntary one -- that

         2       went into effect just last month.

         3                  Tier 2 would be a little bit more

         4       stringent in terms of energy efficiency.  It

         5       would go into effect for televisions

         6       manufactured after January 2013.

         7                  In effect, this could save, by some

         8       estimates, $50 to $250 for a household a year

         9       in energy costs.  In California they believe

        10       it will save $8 billion over ten years.  It's

        11       a common-sense way to deal with some of the

        12       innovation that we've had and bring down the

        13       cost of these televisions that are really

        14       increasing household costs across the board.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Nozzolio.

        17                  SENATOR NOZZOLIO:    Mr. President,

        18       will the sponsor yield.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Squadron, will you yield for Senator

        21       Nozzolio?

        22                  SENATOR SQUADRON:    Yes,

        23       Mr. President.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Nozzolio.



                      Candyco Transcription Service, Inc.
                                                        7438



         1                  SENATOR NOZZOLIO:    Thank you,

         2       Mr. President.

         3                  Senator Squadron, through the

         4       chair, that could you tell us are there

         5       national standards for energy efficiency for

         6       televisions?

         7                  SENATOR SQUADRON:    There are no

         8       requirements, actually.  The Energy Star

         9       standard is a national standard.

        10                  SENATOR NOZZOLIO:    So there are

        11       national standards.

        12                  Will Senator Squadron continue to

        13       yield.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Squadron, will you continue to yield?

        16                  SENATOR SQUADRON:    I will.

        17                  SENATOR NOZZOLIO:    Will this

        18       apply to those televisions manufactured in

        19       other places by other companies not

        20       headquartered in New York State?

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Squadron.

        23                  SENATOR SQUADRON:    Through you,

        24       Mr. President, this bill applies to

        25       televisions sold in the State of New York.  It



                      Candyco Transcription Service, Inc.
                                                        7439



         1       tracks a bill passed that affects televisions

         2       sold in the State of California.  So together

         3       you will have two very large markets in which

         4       you're saving consumers a whole lot of money

         5       by requiring that they can buy cheaper

         6       televisions that will be cheaper over their

         7       life.

         8                  SENATOR NOZZOLIO:    Mr. President,

         9       will Senator Squadron continue to yield.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Squadron, will you continue to yield?

        12                  SENATOR SQUADRON:    Yes.

        13                  SENATOR NOZZOLIO:    How much will

        14       this regulation, state regulation -- as

        15       opposed to a national regulation -- increase

        16       the cost of a television sold in New York

        17       State?

        18                  SENATOR SQUADRON:    I'm glad

        19       Senator Nozzolio asked that question,

        20       Mr. President, because one problem that you

        21       have with television efficiency is a large

        22       number of televisions that are sold right now

        23       are not sold directly to consumers, they're

        24       sold in group purchases and other sorts of

        25       areas where the only price responsiveness is



                      Candyco Transcription Service, Inc.
                                                        7440



         1       the sale, the price at initial sale.

         2                  And so what you have is you have

         3       small businesses, you have institutions that

         4       are then saddled with extremely high energy

         5       costs because the group purchaser won't

         6       consider the cost of maintaining the

         7       television over its life.

         8                  And so I don't believe that the

         9       more energy efficient television will cost

        10       less.  In some cases, in fact, it may cost a

        11       few dollars more at initial purchase.  But

        12       over its life it will save between $50 and

        13       $250 a year for the average consumer.

        14                  SENATOR NOZZOLIO:    So, Senator

        15       Squadron, if I heard you correctly, that this

        16       regulation now proposed by you is going to

        17       raise the cost of televisions to New York

        18       State consumers.  Is that not correct?

        19                  SENATOR SQUADRON:    That's

        20       terribly incorrect.  I don't know about

        21       Senator Nozzolio's district; in my district,

        22       folks are very worried about their monthly

        23       energy costs and they've seen their monthly

        24       energy costs rise.  In my district lots of

        25       folks have either bought for themselves or



                      Candyco Transcription Service, Inc.
                                                        7441



         1       been given as a gift one of those great

         2       spanking shiny new flat-screen televisions and

         3       then what they've seen in the months

         4       subsequent is their energy bills have gone up.

         5       They've spent significantly more every month

         6       that they've had that television than they

         7       were ever spending before.

         8                  And what this bill will do is it

         9       will protect those consumers over the life of

        10       the television by bringing down their monthly

        11       energy costs and saving them significantly

        12       more than any differential that they may pay

        13       at the store.

        14                  SENATOR NOZZOLIO:    Mr. President,

        15       will Senator Squadron continue to yield.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Senator Squadron, will you continue to yield?

        18                  SENATOR SQUADRON:    Yes.

        19                  SENATOR NOZZOLIO:    Senator

        20       Squadron, how many television manufacturers

        21       are producing televisions today that do not

        22       comply with the standards that you're

        23       proposing in this legislation?

        24                  SENATOR SQUADRON:    Through you,

        25       Mr. President, at least one television



                      Candyco Transcription Service, Inc.
                                                        7442



         1       manufacturer, Vizio, has supported this

         2       legislation.  And just about every major

         3       television manufacturer is already producing

         4       televisions that comply with the

         5       post-January 1, 2011, manufacturing standards

         6       because of the Energy Star standards that

         7       already exist and have been in place since

         8       May.

         9                  SENATOR NOZZOLIO:    Mr. President,

        10       would Senator Squadron yield to one last

        11       question.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       One last question, Senator Squadron, will you

        14       yield?

        15                  SENATOR SQUADRON:    If it's only

        16       one.  Yes, Mr. President.

        17                  SENATOR NOZZOLIO:    Senator

        18       Squadron, are you aware of how many

        19       manufacturers of televisions there are located

        20       within the State of New York?

        21                  SENATOR SQUADRON:    Through you,

        22       Mr. President, what I can tell you is how many

        23       purchasers of televisions there are in the

        24       State of New York.  And we have 19 million

        25       citizens, we have one of the largest



                      Candyco Transcription Service, Inc.
                                                        7443



         1       television --

         2                  SENATOR NOZZOLIO:    Thank you,

         3       Senator.  I didn't ask that question.  I asked

         4       you how many manufacturers of televisions

         5       there were in New York State.

         6                  SENATOR SQUADRON:    Through you,

         7       Mr. President, I don't.  And I do want to just

         8       clarify, since this is the final question,

         9       that we're talking about televisions sold in

        10       the State of New York, not manufactured in the

        11       State of New York.  This is a confusion that I

        12       know has sometimes permeated this house.  I

        13       know it did recently on another piece of

        14       legislation having to do with microstamping.

        15                  We're talking about any sort of

        16       television can still be manufactured in the

        17       State of New York, and I hope that those folks

        18       will stay here.  What we're talking about is

        19       televisions sold in the State of New York to

        20       save New York State consumers in their energy

        21       costs over the life of the television.

        22                  Thank you, Mr. President.

        23                  SENATOR NOZZOLIO:    Thank you,

        24       Senator Squadron.

        25                  Mr. President, on the bill.



                      Candyco Transcription Service, Inc.
                                                        7444



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Nozzolio, on the bill.

         3                  SENATOR NOZZOLIO:    Thank you,

         4       Mr. President and my colleagues.  That this

         5       regulation is going to cost consumers more

         6       money.  When you buy a television, because of

         7       this legislation if you buy it in New York

         8       State, you're going to pay more money.  It's

         9       going to be more expensive, pure and simple.

        10                  Also, I had to ask Senator Squadron

        11       the question of manufacturers.  Because the

        12       answer of how many television manufacturers

        13       there are in New York State is zero.  There

        14       are absolutely no television manufacturers now

        15       in New York State.

        16                  And I say that's sad because in my

        17       hometown of Seneca Falls there used to be a

        18       manufacturer of televisions.  I worked from

        19       3:30 to midnight one summer washing screen

        20       scrap in the Sylvania Electric Television

        21       factory that no longer exists.

        22                  And why does that no longer exist

        23       in New York State?  Because of the myriad of

        24       rules and regulations and other items of

        25       taxation that are placed upon manufacturers.



                      Candyco Transcription Service, Inc.
                                                        7445



         1       When that happens, manufacturers leave.  And

         2       that's what happened to the television

         3       industry, an industry that left New York

         4       before it left this nation.

         5                  And that this type of regulation

         6       may be well-intentioned, but the bottom line

         7       is that it costs more money for a consumer to

         8       purchase a product as a result of this.

         9       However the savings may be over the long term,

        10       nonetheless it's going to cost more for our

        11       citizens because of the proposal before us

        12       today, and that's why I must oppose it.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Thank you, Senator Nozzolio.

        16                  Senator Fuschillo.

        17                  SENATOR FUSCHILLO:    Will the

        18       sponsor yield for a few questions.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Squadron, will you yield for some

        21       questions from Senator Fuschillo?

        22                  SENATOR SQUADRON:    I will.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Fuschillo.

        25                  SENATOR FUSCHILLO:    Senator, what



                      Candyco Transcription Service, Inc.
                                                        7446



         1       else does this legislation include besides

         2       televisions?

         3                  SENATOR SQUADRON:    I'm sorry, can

         4       you --

         5                  SENATOR FUSCHILLO:    What else is

         6       included in the legislation electronically

         7       besides televisions?

         8                  SENATOR SQUADRON:    The

         9       legislation before us has the energy

        10       efficiency standards that I discussed in my

        11       initial presentation and then also updates the

        12       definition of televisions.

        13                  SENATOR FUSCHILLO:    I'm sorry,

        14       there was too much noise.

        15                  SENATOR SQUADRON:    Sorry,

        16       Mr. President, the floor leaders are -- thank

        17       you.

        18                  The legislation has the energy

        19       efficiency standards that I described in my

        20       presentation.  It also updates the definitions

        21       of televisions for the contemporary market.

        22                  SENATOR FUSCHILLO:    Would the

        23       sponsor continue to yield.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Squadron, will you continue to yield?



                      Candyco Transcription Service, Inc.
                                                        7447



         1                  SENATOR SQUADRON:    Yes.

         2                  SENATOR FUSCHILLO:    So does it

         3       include a DVD player, HDTV player, a VCR also

         4       in a single unit?

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Squadron.

         7                  SENATOR SQUADRON:    Through you,

         8       Mr. President, the definitions include -- the

         9       definition of television is updated to include

        10       three subsets that are currently significant

        11       on the market -- combination televisions,

        12       component televisions, and television

        13       monitors.

        14                  And to answer your question,

        15       combination televisions are television set

        16       monitors that can include some of these other

        17       items.

        18                  SENATOR FUSCHILLO:    Will the

        19       sponsor continue to yield, Mr. President.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Squadron, will you continue to yield?

        22                  SENATOR SQUADRON:    Yes.

        23                  SENATOR FUSCHILLO:    Do you have a

        24       sponsor in the Assembly on this bill, and did

        25       it pass?



                      Candyco Transcription Service, Inc.
                                                        7448



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The question is do you have an Assembly

         3       sponsor and has it passed the Assembly.

         4                  SENATOR SQUADRON:    Yes, Mr.

         5       President, I do have an Assembly sponsor.  As

         6       of a couple of hours ago, it had not passed in

         7       the Assembly.

         8                  SENATOR FUSCHILLO:    If the

         9       sponsor would continue to yield.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Squadron, do you continue to yield?

        12                  SENATOR SQUADRON:    Yes,

        13       Mr. President.

        14                  SENATOR FUSCHILLO:    Senator

        15       Squadron, you gave I assume the retailers in

        16       the State of New York to comply within six

        17       months of your effective date.  If they have

        18       any inventory in their warehouses, are they

        19       supposed to just throw them away?

        20                  SENATOR SQUADRON:    Through you,

        21       Mr. President, absolutely not.  Absolutely

        22       not.  New York retailers are suffering through

        23       the same tough economy the rest of New York

        24       is.  And that's one reason the bill was

        25       written to only apply to televisions



                      Candyco Transcription Service, Inc.
                                                        7449



         1       manufactured after January 1, 2011, for the

         2       lower standard, and then again televisions

         3       manufactured after January 1, 2013, for the

         4       more stringent standards.  Again, both

         5       standards equal to or less than the equivalent

         6       Energy Star standards that will apply at that

         7       time.

         8                  SENATOR FUSCHILLO:    Thank you,

         9       Senator.

        10                  Would the Senator continue to

        11       yield?

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Squadron, do you continue to yield?

        14                  SENATOR SQUADRON:    Yes.

        15                  SENATOR FUSCHILLO:    Just one last

        16       question for my own clarification.  Are these

        17       TVs only manufactured in New York State or are

        18       they manufactured anywhere in the country to

        19       be sold in New York State?

        20                  SENATOR SQUADRON:    Through you,

        21       Mr. President, unfortunately I think many of

        22       these televisions aren't manufactured in the

        23       United States at all.  This is about

        24       television -- and again, I know this can be

        25       very difficult, and I think we're all



                      Candyco Transcription Service, Inc.
                                                        7450



         1       incredibly conscious of the job situation in

         2       New York State.  And so we need to be very

         3       careful about any legislation that will drive

         4       manufacturing jobs out of the state.

         5                  This legislation doesn't do that

         6       because it does not affect manufacturing --

         7       the location of the manufacturer of any

         8       television.  It only affects the sale of

         9       televisions in New York State.  And that's a

        10       very important distinction, and one we need to

        11       be cognizant of.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Thank you, Senator Squadron.

        15                  Senator Fuschillo.

        16                  SENATOR FUSCHILLO:    One last

        17       question, Mr. President.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Squadron, Senator Fuschillo has asked

        20       for you to yield for one final question.

        21                  SENATOR SQUADRON:    Absolutely,

        22       Mr. President.

        23                  SENATOR FUSCHILLO:    Thank you,

        24       Senator Squadron.  You mentioned California

        25       also has a similar law to the one you're



                      Candyco Transcription Service, Inc.
                                                        7451



         1       proposing.  Any other states in the nation

         2       have a law like this?

         3                  SENATOR SQUADRON:    Through you,

         4       Mr. President, California has passed a law on

         5       this, as I said.  In addition, Maryland,

         6       Massachusetts, Washington and Wisconsin have

         7       introduced bills on it, though I don't believe

         8       they have passed.

         9                  SENATOR FUSCHILLO:    So just to

        10       answer my question, California is the only

        11       state in the nation that currently has a law?

        12       Mr. President, through you.

        13                  SENATOR SQUADRON:    Through you,

        14       Mr. President, California is the only state

        15       that has passed a law.

        16                  SENATOR FUSCHILLO:    Thank you,

        17       Mr. President.  Thank you, Senator Squadron.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Thank you, Senator Fuschillo.

        20                  Senator DeFrancisco.

        21                  SENATOR DeFRANCISCO:    Would

        22       Senator Squadron yield to a question.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Squadron, will you yield for Senator

        25       DeFrancisco?



                      Candyco Transcription Service, Inc.
                                                        7452



         1                  SENATOR DeFRANCISCO:    Mr.

         2       President, I've been awaiting it.  Please.

         3                  (Laughter.)

         4                  SENATOR DeFRANCISCO:    Well, I

         5       just need a clarification.  I don't know if I

         6       heard it correctly.  When Senator Nozzolio

         7       asked you do manufacturers -- the televisions

         8       that are in existence now, are they in

         9       compliance with the standards that you're

        10       going to impose, I think you said yes.

        11                  SENATOR SQUADRON:    Through you,

        12       Mr. President.  I said that manufacturers -- I

        13       believe it was Senator Fuschillo who asked the

        14       question whether about whether retailers would

        15       have to throw out their stock or if they would

        16       be able to sell it down.  And I said they

        17       wouldn't because this only applies to

        18       televisions manufactured after a certain date.

        19       That date is January 1, 2011, for the first

        20       year.

        21                  SENATOR DeFRANCISCO:    Okay.

        22       Well, may I ask another question, please.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Squadron, will you yield for another

        25       question?



                      Candyco Transcription Service, Inc.
                                                        7453



         1                  SENATOR SQUADRON:    Yes.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator DeFrancisco.

         4                  SENATOR DeFRANCISCO:    Senator

         5       Nozzolio asked you a question about the

         6       standards, and he asked you whether or not

         7       television sets that are currently existing,

         8       do they comply with the standards you want to

         9       set.  And I thought you said yes.

        10                  SENATOR SQUADRON:    Oh.  Through

        11       you, Mr. President, yeah, many, many

        12       televisions currently manufactured do comply

        13       with the standards.  And again, there's a lot

        14       of reasons for that, and one of them is how

        15       much consumers are calling for lower energy

        16       costs in regard to their televisions.

        17                  But the other reason is, as I keep

        18       talking about, the federal Energy Star

        19       requirement -- which is a voluntary standard,

        20       not a requirement, excuse me -- is equal to or

        21       less than each of standards as they tier up

        22       under this bill.

        23                  SENATOR DeFRANCISCO:    I

        24       understand.

        25                  Last question.



                      Candyco Transcription Service, Inc.
                                                        7454



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Squadron, will you yield for the last

         3       question?

         4                  SENATOR SQUADRON:    Yes.

         5                  SENATOR DeFRANCISCO:    If that's

         6       the case, why do you need the bill?

         7                  SENATOR SQUADRON:    Through you,

         8       Mr. President.  Many, many televisions, as I

         9       said, comply with the voluntary Energy Star

        10       standards.

        11                  However, as I said, there are a

        12       number of reasons to have this bill.  You

        13       found it with refrigerators, you found it with

        14       a number of other items where we've set

        15       minimum standards for energy efficiency, that

        16       you have a significant cut in the overall

        17       energy usage and you actually can create a

        18       situation where you end up with more

        19       innovation when you have a requirement of this

        20       sort.

        21                  And so the reason to do it is that

        22       many folks, including every major

        23       environmental group in the State of New York,

        24       believe that if this bill passes we'll use

        25       33 percent less energy in 2011, just next



                      Candyco Transcription Service, Inc.
                                                        7455



         1       year, than we otherwise would from

         2       televisions, 49 percent less energy in 2013,

         3       and every year forward than we otherwise

         4       would.

         5                  So the reason to pass the bill is

         6       to save energy, save costs, and help move the

         7       industry forward and put New York State at the

         8       forefront of it.

         9                  Thank you, Mr. President.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Thank you, Senator Squadron.

        12                  Are there any other Senators

        13       wishing to be heard on the bill?

        14                  Hearing none, debate is closed.

        15       The Secretary will please ring the bells.  I

        16       ask all Senators to please come to the

        17       chamber.

        18                  The Secretary will read the last

        19       section.

        20                  THE SECRETARY:    Section 4.  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:



                      Candyco Transcription Service, Inc.
                                                        7456



         1       Senator Robach, to explain his vote.

         2                  SENATOR ROBACH:    Yes, just

         3       briefly.

         4                  You know, the title of the bill

         5       sounds fine.  But, you know, we should really

         6       be moving toward the federal standard.  While

         7       we talked about manufacturing jobs, what we

         8       see too often in New York is this is going to

         9       affect retail jobs, I think, if there's a very

        10       different standard in New York.  You know, we

        11       already have people driving to New Jersey to

        12       get their gas, buy their clothes because of

        13       standards we put on.  Why would we want to not

        14       go to the federal standard and do this?

        15                  And I also think there was some

        16       erroneous information.  The technology is

        17       getting better on usage.  While the television

        18       may be bigger, in some cases, the energy used

        19       is actually less than old tube televisions,

        20       and manufacturers both at the federal and the

        21       state level are now using that to advertise,

        22       whether it's a refrigerator or anything else,

        23       what the Energy Star savings would be.  And

        24       that seems like a better way to go.

        25                  To put New York retailers behind



                      Candyco Transcription Service, Inc.
                                                        7457



         1       the eight ball or lose tax revenue because

         2       people are going to another state to make a

         3       major purchase does not seem like a necessity

         4       at this point.  But really to follow more the

         5       federal plan, the Energy Star ratings and

         6       things that are working in the rest of the

         7       country, seems to be a better way to go to try

         8       and save energy.  So I'm going to vote in the

         9       negative.

        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       1391, by Senator Thompson, Senate Print 7966A,

        16       an act to amend the Environmental Conservation

        17       Law.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Are there any Senators wishing to be heard on

        20       the bill?

        21                  SENATOR NOZZOLIO:    Explanation.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Thompson, an explanation has been

        24       requested by Senator Nozzolio.

        25                  SENATOR THOMPSON:    Okay, 1391,



                      Candyco Transcription Service, Inc.
                                                        7458



         1       right?

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Calendar 1391, Senator.

         4                  SENATOR THOMPSON:    Yes, thank

         5       you.  Thank you.  I always love to answer

         6       questions.

         7                  Okay, this particular bill

         8       addresses a growing problem.  As fluorescent

         9       lamps become an increasingly popular method of

        10       reducing energy use, the amount of mercury

        11       contained within these lamps pose a potential

        12       health risk.  When a fluorescent lamp breaks,

        13       it releases mercury, a hazardous material

        14       dangerous to human health and the environment.

        15       Breakage can ensure during normal use and

        16       particularly after disposal.

        17                  This legislation would ensure that

        18       fluorescent lamps sold in New York State do

        19       not contain excessive levels of mercury.

        20       Currently, California, Maine, the European

        21       Union have already adopted laws that set

        22       maximum mercury content limits for compact

        23       fluorescent lamps.

        24                  This bill also seeks to make sure

        25       that we protect our children and,



                      Candyco Transcription Service, Inc.
                                                        7459



         1       additionally, our families.  There's no

         2       opposition to the bill from the industry.  And

         3       I believe we also moved this bill through

         4       committee and there was no opposition to the

         5       bill.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Any Senators wishing to be heard on the bill?

         8                  Hearing none, debate is closed.

         9       The Secretary will please ring the bells.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 6.  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       Senator Bonacic, to explain his vote.

        18                  SENATOR BONACIC:    First of all,

        19       all of the reasons that we spoke about with

        20       Senator Squadron's bill applies to this same

        21       bill, but it's mercury in the lamps, and it's

        22       effective immediately.  So you're setting a

        23       standard in New York that is not set anywhere

        24       else in the United States, and which would

        25       prohibit that product from coming in here,



                      Candyco Transcription Service, Inc.
                                                        7460



         1       driving the cost up.

         2                  It's the exact same objections for

         3       the television are the same objections for the

         4       mercury in the lamps.  I vote no.

         5                  Thank you, Mr. President.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator Bonacic to be recorded in the

         8       negative.

         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:    Calendar Number

        14       1403, by Senator Thompson, Senate Print 8375,

        15       an act to amend the Environmental Conservation

        16       Law.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Are there any Senators wishing to be heard on

        19       the bill?

        20                  SENATOR NOZZOLIO:    Explanation.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Can we please have some order in the chamber.

        23                  Senator Thompson, an explanation

        24       has been requested by Senator Nozzolio for

        25       Calendar Number 1403.



                      Candyco Transcription Service, Inc.
                                                        7461



         1                  SENATOR THOMPSON:    Sure.  Thank

         2       you.

         3                  This particular bill is a cleanup

         4       bill to the expansion of the Bottle Bill last

         5       year.  The Retail Council of New York State

         6       and the Food Industry Alliance of New York

         7       both argue that the four RVMs at the larger

         8       stores are capable of handling the customer or

         9       consumer demands.  The bill would address this

        10       disparity by clarifying that the square

        11       footage thresholds triggering the RVMs are

        12       calculated on the area devoted to the display

        13       of merchandise for sale to the public.

        14                  We had big numbers.  For your

        15       larger stores, they had -- were required to

        16       have eight RVMs; now they would be required to

        17       have four.

        18                  This bill is very important to the

        19       industry.  We have received no opposition to

        20       this bill.  And I think it's really good for

        21       the consumers and good for the business.

        22                  Lastly, I would argue that the

        23       challenge that some of the stores have is the

        24       issue of zoning.  Some of the stores, because

        25       now they're going from not having any to



                      Candyco Transcription Service, Inc.
                                                        7462



         1       having eight, they're having zoning problems

         2       as well.  So this would help many of the

         3       stores.

         4                  One of the reasons why we moved to

         5       the RVM last year is because there was an

         6       oversaturation -- rather, over redemption of

         7       bottles at supermarkets and convenience

         8       stores.  So now your Targets, your Wal-Marts,

         9       and your pharmacies now will have to redeem

        10       using the RVMs as well, and make sure that

        11       your supermarkets are not going to have

        12       overredemption, particularly in your summer

        13       months, the way your supermarkets have all the

        14       time.  So now you have the department stores

        15       and the supermarkets will all have RVMs.

        16                  Thank you.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Nozzolio.

        19                  SENATOR NOZZOLIO:    Mr. President,

        20       will Senator Thompson yield to a series of

        21       questions.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Thompson, will you yield for a series

        24       of questions from Senator Nozzolio?

        25                  SENATOR THOMPSON:    Sure.  Yes,



                      Candyco Transcription Service, Inc.
                                                        7463



         1       sir.

         2                  SENATOR NOZZOLIO:    Thank you,

         3       Mr. President.  Thank you, Senator Thompson.

         4                  Senator Thompson, my questions do

         5       not deal with the redemption or the need to

         6       establish a redemption process.  My questions

         7       begin with your legislation, line 26 through

         8       page 2, line 6, where you establish a waiver

         9       process that entrusts a lot of power and

        10       authority in the commissioner -- and I assume

        11       that's the commissioner of Environmental

        12       Conservation, is that not correct?

        13                  SENATOR THOMPSON:    Yes, I believe

        14       that is correct.  The DEC commissioner will

        15       have some authority.  And also, through last

        16       year to this year, many of the retailers and

        17       vendors and distributors have worked with DEC

        18       to come up with some of the recommendations

        19       during the regulatory process.

        20                  SENATOR NOZZOLIO:    Will Senator

        21       Thompson continue to yield.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Thompson, do you continue to yield?

        24                  SENATOR THOMPSON:    Yes.

        25                  SENATOR NOZZOLIO:    What I am



                      Candyco Transcription Service, Inc.
                                                        7464



         1       concerned about, Senator, as you set forth

         2       some criteria where the commissioner could in

         3       fact establish a waiver, would that waiver be

         4       allowed for redemption to take place somewhere

         5       else other than at the point of sale?

         6                  SENATOR THOMPSON:    I believe that

         7       if there was a waiver, they would still have

         8       to be on-premises as well.  I believe that's

         9       the case, right?  Yes.  It would still have to

        10       be on the premises and it can't be in some

        11       obscure location in the store.

        12                  SENATOR NOZZOLIO:    Senator --

        13                  SENATOR THOMPSON:    And can I just

        14       say, also, the intent of the bill is to keep

        15       waivers at a minimum.  I mean, sometimes

        16       people will have a waiver, but I think the

        17       intent is to keep waivers at a minimum so that

        18       we maximize equal enforcement of the

        19       redemption process.

        20                  SENATOR NOZZOLIO:    If Senator

        21       Thompson will continue to yield.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Thompson, do you continue to yield?

        24                  SENATOR THOMPSON:    Yes.

        25                  SENATOR NOZZOLIO:    Senator, I



                      Candyco Transcription Service, Inc.
                                                        7465



         1       appreciate what you're saying, although I

         2       don't believe I can at least find that in the

         3       six lines of the legislation that we're

         4       referring to.  Where am I missing that it says

         5       that the waiver has to be given -- if it is to

         6       be given, is to be given only at the point of

         7       sale?  Where does your legislation indicate

         8       that will be the waiver, in effect?

         9                  SENATOR THOMPSON:    That is in the

        10       original bill from last year.  We only amend

        11       part of it.  But in the original bill from the

        12       budget bill last year, it's clearly specified

        13       in the original bill.

        14                  SENATOR NOZZOLIO:    Would Senator

        15       Thompson continue to yield.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Senator Thompson, do you continue to yield?

        18                  SENATOR THOMPSON:    Yes,

        19       Mr. President.

        20                  SENATOR NOZZOLIO:    Senator

        21       Thompson, where is the reference in this

        22       legislation to that original bill or to the

        23       original law?

        24                  SENATOR THOMPSON:    I think it

        25       says paragraph 1 referenced Chapter 59.



                      Candyco Transcription Service, Inc.
                                                        7466



         1                  SENATOR NOZZOLIO:    But does that

         2       chapter --

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Do you wish Senator Thompson to continue to

         5       yield, Senator Nozzolio?

         6                  SENATOR NOZZOLIO:    Yes, thank

         7       you, Mr. President.  Will Senator Thompson

         8       continue to yield.

         9                  SENATOR THOMPSON:    Yes.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       He does.

        12                  SENATOR NOZZOLIO:    Thank you,

        13       Senator Thompson.

        14                  Senator, I am very concerned that

        15       this waiver process is not clear enough.  And

        16       if you're incorporating another statute by

        17       reference, why don't you directly incorporate

        18       it, or at the very least, list that criteria?

        19                  SENATOR THOMPSON:    Through you,

        20       Mr. President, you know, I think that that's

        21       something that could have been looked at.

        22                  But I think that this is something

        23       that the industry has clearly spoken in favor

        24       of.  Many department stores came to Albany on

        25       a couple of occasions this year and have



                      Candyco Transcription Service, Inc.
                                                        7467



         1       pleaded for this correction.  If this

         2       correction does not happen today, it probably

         3       will not happen this year.  And so this is the

         4       first that someone has mentioned that they had

         5       a problem with the particular content of the

         6       bill.

         7                  The original bill clearly specifies

         8       this on the waiver process, which is very

         9       limited in scope because our concern was about

        10       overredemption at supermarkets.  And basically

        11       your other big box retailers, like the Sam's

        12       Clubs, et cetera, were not making it easy for

        13       people to take back bottles.  So I think that

        14       the -- I'm 99 percent certain we clearly

        15       stated that in the original bill.

        16                  SENATOR NOZZOLIO:    Thank you,

        17       Mr. President.  Will Senator Thompson continue

        18       to yield.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Thompson, do you continue to yield?

        21                  SENATOR THOMPSON:    Absolutely.

        22                  SENATOR NOZZOLIO:    Thank you,

        23       Senator Thompson.

        24                  That's very important, Senator,

        25       that if you are indicating that the full



                      Candyco Transcription Service, Inc.
                                                        7468



         1       intention of this legislation directly

         2       instructing the commissioner -- short of

         3       language in the legislation you're indicating,

         4       as the sponsor of this legislation, that your

         5       clear intention is to establish a redemption

         6       process, even if it's established under a

         7       waiver through the commissioner of the

         8       Department of Environmental Conservation, that

         9       that redemption process is in fact to be a

        10       process at the point of sale.

        11                  Is that not correct as I understand

        12       you, sir?

        13                  SENATOR THOMPSON:    Through you,

        14       Mr. President.  Again, I think that in some

        15       very limited cases there may be a waiver.  But

        16       the bill excuses no retailer selling covered

        17       products from the requirement that they accept

        18       empty containers.

        19                  And in the original bill it does

        20       say that they would -- we would -- there's

        21       always in every law some small exception.

        22       Very limited, though.  And I think it -- so as

        23       I stated earlier, in order to receive a

        24       waiver, the conditions are very, very limited.

        25       It would probably be almost impossible.



                      Candyco Transcription Service, Inc.
                                                        7469



         1                  SENATOR NOZZOLIO:    Thank you,

         2       Senator Thompson.

         3                  Mr. President, on the bill.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Nozzolio, on the bill.

         6                  SENATOR NOZZOLIO:    Mr. President,

         7       this measure has received support from various

         8       retailers across this state.  And I rise not

         9       to oppose the process but to further define

        10       it.

        11                  Senator Thompson indicated today

        12       that he believed if waivers are to be given,

        13       those waivers still should take into

        14       consideration the consumer and particularly

        15       establishing this redemption at the point of

        16       sale.  That the potentials for fraud are

        17       extreme if a waiver is given for those to be

        18       redeemed and the money to be received by the

        19       consumer at another point in another location

        20       at another time.

        21                  So, Senator, I appreciate your

        22       focus on this waiver process, and that I

        23       appreciate the opportunity to discuss this

        24       with you.  I hope that this will not require

        25       additional legislation to further refine it.



                      Candyco Transcription Service, Inc.
                                                        7470



         1       I think you've done a job discussing it today.

         2       But also that if there is further definition

         3       required in the future, that you would be

         4       amenable to tighten up that waiver process.

         5                  Thank you, Mr. President.  Thank

         6       you, Senator Thompson.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Thank you, Senator Nozzolio.

         9                  Are there any other Senators

        10       wishing to be heard on the bill?

        11                  Hearing none, debate is closed.

        12       The Secretary will please ring the bells.

        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                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       The bill is passed.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Mr. President,

        24       can we briefly return to motions and

        25       resolutions.



                      Candyco Transcription Service, Inc.
                                                        7471



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Klein.

         3                  SENATOR KLEIN:    Before we do

         4       motions, can we return to Calendar Number

         5       1355.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Returning to Calendar 1355, Senator Klein.

         8                  SENATOR KLEIN:    The bill was laid

         9       aside temporarily.  Can we lay it aside for

        10       the day, please.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Calendar Number 1355 will be laid aside for

        13       the day.

        14                   Senator Klein.

        15                  SENATOR KLEIN:    Now can we return

        16       to motions and resolutions.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Returning to motions and resolutions.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    On behalf of

        21       Senator Thompson, I wish to call up Senate

        22       Print Number 5640A, recalled from the

        23       Assembly, which is now at the desk.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       The Secretary will read the title.



                      Candyco Transcription Service, Inc.
                                                        7472



         1                  THE SECRETARY:    Calendar Number

         2       520, by Senator Thompson, Senate Print 5640A,

         3       an act to amend the Labor Law.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, I

         7       now move to reconsider the vote by which this

         8       bill was passed.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The Secretary will call the roll on

        11       reconsideration.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, I

        17       now offer the following amendments.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Amendments received.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President,

        22       can you please recognize Senator Libous.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Libous.

        25                  SENATOR LIBOUS:    Thanks, Mr.



                      Candyco Transcription Service, Inc.
                                                        7473



         1       President.  On behalf of Senator Hannon, I

         2       wish to call up Bill Number 7403, recalled

         3       from the Assembly, which is now at the desk.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The Secretary will read the title.

         6                  One moment, Senator Libous.  We've

         7       just got to clarify something.

         8                  SENATOR LIBOUS:    I'm quite

         9       patient, Mr. President.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The Secretary will read the title.

        12                  THE SECRETARY:    Calendar Number

        13       942, by Senator Hannon, Senate Print 7403, an

        14       act to authorize.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Libous.

        17                  SENATOR LIBOUS:    Mr. President, I

        18       now wish to reconsider the vote by which this

        19       bill was passed.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       The Secretary will call the roll on

        22       reconsideration.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  SENATOR LIBOUS:    Mr. President, I



                      Candyco Transcription Service, Inc.
                                                        7474



         1       offer up the following amendments.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Amendments received, Senator Libous.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, at

         6       this time can we please move to a reading of

         7       the supplemental active list.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       99, by Senator Breslin, Senate Print 2092, an

        12       act to amend the Insurance Law.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Read the last section.

        15                  THE SECRETARY:    Section 3.  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, 61.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7475



         1       187, by Member of the Assembly Jeffries --

         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       196, by Senator Savino, Senate Print --

         8                  SENATOR LIBOUS:    Lay it aside.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

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

        11       the day.

        12                  THE SECRETARY:    Calendar Number

        13       298, by Senator Parker, Senate Print 3601D, an

        14       act to amend the Social Services Law.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

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

        17       the day.

        18                  THE SECRETARY:    Calendar Number

        19       470, by Member of the Assembly Ortiz, Assembly

        20       Print Number 10791, an act to amend the

        21       Not-for-Profit Corporation Law.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                                        7476



         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, 61.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       471, by Member of the Assembly Cusick,

        11       Assembly Print Number 10824B, an act to amend

        12       the Mental Hygiene 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, 61.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7477



         1       547, by Senator Savino, Senate Print 2978B, an

         2       act to amend the Workers' Compensation Law.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

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

         5       the day.

         6                  THE SECRETARY:    Calendar Number

         7       648, by Senator C. Johnson, Senate Print 7739,

         8       an act to amend the Alcoholic Beverage Control

         9       Law.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Read the last section.

        12                  THE SECRETARY:    Section 3.  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, 61.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       The bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       834, by Senator Stachowski, Senate Print 5459,

        24       an act to amend the Penal Law.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7478



         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, 61.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 870, Senator Seward moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 10634B and substitute it

        16       for the identical Senate Bill Number 7287B,

        17       Third Reading Calendar 870.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Substitution ordered.

        20                  THE SECRETARY:    Calendar Number

        21       870, by Member of the Assembly Lopez, Assembly

        22       Print Number 10634B, an act to amend Chapter

        23       313 of the Laws of 2004.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Read the last section.



                      Candyco Transcription Service, Inc.
                                                        7479



         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       Announce the results.

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       873, by Senator Larkin, Senate Print 674, an

        13       act to amend the Highway Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Read the last section.

        16                  THE SECRETARY:    Section 3 --

        17                  SENATOR DUANE:    Lay it aside,

        18       please.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The bill is laid aside.

        21                  SENATOR LIBOUS:    Mr. President,

        22       who laid the bill aside?

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Duane laid the bill aside, Senator

        25       Libous.



                      Candyco Transcription Service, Inc.
                                                        7480



         1                  SENATOR LIBOUS:    Thank you,

         2       Mr. President.

         3                  THE SECRETARY:    Calendar Number

         4       900, by Member of the Assembly Gottfried,

         5       Assembly Print Number 8117B, an act to amend

         6       the Education Law and the Insurance Law.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Read the last section.

         9                  THE SECRETARY:    Section 5.  This

        10       act shall take effect on the 90th day.

        11                  SENATOR LANZA:    Lay it aside.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       906, by Senator Libous, Senate Print 440, an

        16       act to amend the General Municipal Law.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the first of January.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Announce the results.



                      Candyco Transcription Service, Inc.
                                                        7481



         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       907, by Senator Larkin, Senate Print 647A, an

         6       act to remove from the Albert Wisner Memorial

         7       Public Library.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Read the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of July.

        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, 61.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       930, by substituted earlier today by Member of

        22       the Assembly Bing, Assembly Bill Number 7907D,

        23       an act to amend the Not-for-Profit Corporation

        24       Law and others.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7482



         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, 61.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       935, substituted earlier today by Member of

        14       the Assembly Kellner, Assembly Print Number

        15       10392C, an act to amend Chapter 899 of the

        16       Laws of 1984.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Read the last section.

        19                  THE SECRETARY:    Section 2.  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       Announce the results.



                      Candyco Transcription Service, Inc.
                                                        7483



         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1001, by Senator L. Krueger --

         6                  SENATOR KLEIN:    Lay the bill

         7       aside for the day, please.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The bill is laid aside for the day.

        10                  THE SECRETARY:    Calendar Number

        11       1112, by Senator Stachowski, Senate Print

        12       7865A, an act in relation to requiring.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

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

        15       the day.

        16                  THE SECRETARY:    Calendar Number

        17       1137, by Senator Foley, Senate Print 7137B, an

        18       act to amend the Education Law and the General

        19       Municipal Law.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Read the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect immediately.

        24                  SENATOR LIBOUS:    Lay it aside.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7484



         1       The bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       1174, by Senator Thompson, Senate Print 8280,

         4       an act to amend the Environmental Conservation

         5       Law.

         6                  SENATOR YOUNG:    Lay it aside.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       1222, by Senator Klein, Senate Print 6213B, an

        11       act to amend the Executive Law and the

        12       Criminal Procedure Law.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Read the last section.

        15                  THE SECRETARY:    Section 12.  This

        16       act shall take effect on the 180th day.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Klein, to explain his vote.

        22                  SENATOR KLEIN:    Mr. President,

        23       thank you.

        24                  I rise in support of this

        25       legislation.  This is, I think, going to go a



                      Candyco Transcription Service, Inc.
                                                        7485



         1       long way towards doing two very important

         2       things in our criminal justice system, making

         3       sure we convict and find the guilty and also

         4       being able to exonerate the innocent.

         5                  By not expanding our DNA database

         6       in New York State, New York is having an

         7       impact around the country.  Presently 30,000

         8       of the unsolved crimes, 10.5 percent, are

         9       because New York has not expanded their

        10       database as they should.

        11                  I think we have to get over the

        12       fact that DNA is no more invasive, and that's

        13       why federal and state courts around the

        14       country have found that, than fingerprinting.

        15       However, DNA is a lot more effective in

        16       fighting crime.

        17                  So I'm hopeful that the Assembly

        18       will follow suit and pass this important

        19       legislation and join 23 other states that have

        20       already passed DNA-upon-arrest legislation.

        21                  I vote yes, Mr. President.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Klein to be recorded in the

        24       affirmative.

        25                  Senator DeFrancisco, to explain his



                      Candyco Transcription Service, Inc.
                                                        7486



         1       vote.

         2                  SENATOR DeFRANCISCO:    Yes, I'm

         3       going to vote in the affirmative.  And I know

         4       that in past years when this was carried,

         5       similar bills were carried by others, that

         6       there was a big concern by some in the house

         7       that this was some kind of imposition on

         8       someone who was arrested for a felony because

         9       it was only arrest and you're stigmatizing

        10       someone.

        11                  But to have the database on arrest

        12       is extremely important in order to prevent --

        13       I believe in order to find individuals who

        14       have committed other crimes, and in order to

        15       protect those that have not, by DNA matching.

        16                  So this is a good bill and I'm

        17       happy that this has been put on the floor

        18       today for a vote.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator DeFrancisco to be recorded in the

        21       affirmative.

        22                  Announce the results.

        23                  THE SECRETARY:    Ayes, 59.  Nays,

        24       2.  Senators Duane and Montgomery recorded in

        25       the negative.



                      Candyco Transcription Service, Inc.
                                                        7487



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1320, by Senator Savino, Senate Print 8380, an

         5       act to amend the Labor Law.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Read the last section.

         8                  THE SECRETARY:    Section 7 --

         9                  SENATOR LIBOUS:    Lay it aside.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is laid aside.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 1321, Senator Hassell-Thompson

        14       moves to discharge, from the Committee on

        15       Rules, Assembly Bill Number 10984B and

        16       substitute it for the identical Senate Bill

        17       Number 8390, Third Reading Calendar 1321.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Substitutions ordered.

        20                  THE SECRETARY:    Calendar Number

        21       1321, by Member of the Assembly Paulin,

        22       Assembly Print Number 10984B, an act to amend

        23       the Domestic Relations Law.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Read the last section.



                      Candyco Transcription Service, Inc.
                                                        7488



         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       Announce the results.

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The bill is passed.

        11                  SENATOR DeFRANCISCO:    Excuse me.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       I'm sorry, Senator DeFrancisco to explain his

        14       vote.

        15                  SENATOR DeFRANCISCO:    Yes, I'm

        16       going to vote against this bill.

        17                  I don't know a lot about family

        18       law, I know a little bit about it, but I think

        19       the people that know it best are those that

        20       practice family law.  And the family law

        21       section of the New York State Bar Association

        22       put in a memorandum in opposition to this

        23       bill.  And I won't read it because I'm sure

        24       it's been provided to each of the people here.

        25                  And for the reasons they set forth



                      Candyco Transcription Service, Inc.
                                                        7489



         1       in that memo, the people that practice family

         2       law on a regular basis I think are the

         3       experts, and based upon their advice I'm

         4       voting no.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator DeFrancisco to be recorded in the

         7       negative.

         8                  Announce the results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative on Calendar Number 1321 are

        11       Senators DeFrancisco, Little and Winner.

        12                  Ayes, 58.  Nays, 3.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The bill is passed.

        15                  Senator Klein, that completes the

        16       reading of the supplemental calendar.

        17                  SENATOR KLEIN:    1325?

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       That bill has already been passed in the

        20       Senate.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Mr. President,

        23       returning to Calendar Number 1174, Senate

        24       Print Number 8280, Senator Thompson's bill,

        25       can we please lay the bill aside for the day.



                      Candyco Transcription Service, Inc.
                                                        7490



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Calendar Number 1174 will be laid aside for

         3       the day.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, at

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

         7       controversial supplemental active list.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The Secretary will ring the bell.

        10                  I ask all members to come to the

        11       chamber for the reading of the controversial

        12       calendar and to please try to stay in the

        13       chamber for the reading of the controversial

        14       calendar.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       873, by Senator Larkin, Senate Print 674, an

        18       act to amend the Highway Law.

        19                  SENATOR KLEIN:    Can we please

        20       remove the lay-aside on that bill.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       The lay-aside for Calendar Number 873 has been

        23       removed.  The bill will go to the

        24       noncontroversial calendar.

        25                   The Secretary will read the last



                      Candyco Transcription Service, Inc.
                                                        7491



         1       section.

         2                  THE SECRETARY:    Section 3.  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       Senator Maziarz, to explain his vote.

         9                  SENATOR MAZIARZ:    Thank you,

        10       Mr. President, to explain my vote.

        11                  I just want to -- while all my

        12       colleagues are in the chamber, I want to state

        13       that just last week, on the 25th of June,

        14       General Petraeus spoke at a tribute to the

        15       National Purple Heart Hall of Fame.  And

        16       honored, at that particular tribute to the

        17       Hall of Fame, were the four individuals who

        18       started the idea of creating the Purple Heart

        19       Hall of Fame.  One of those four members

        20       happens to be a member of the New York State

        21       Senate, Colonel Bill Larkin.

        22                  Colonel.

        23                  (Standing ovation.)

        24                  SENATOR MAZIARZ:    And I vote in

        25       the affirmative, by the way.



                      Candyco Transcription Service, Inc.
                                                        7492



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Maziarz will be recorded in the

         3       affirmative.

         4                  Can we have some order in the

         5       chamber, please.

         6                  Are there any other Senators who

         7       wish to explain their votes?

         8                  Seeing none, announce the results.

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  Senator Lanza.

        13                  SENATOR LANZA:    Mr. President,

        14       can we remove the lay-aside on Calendar Number

        15       900, please.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The lay-aside for Calendar Number 900 has been

        18       removed.  The bill will go to the

        19       noncontroversial supplemental calendar.

        20                  The Secretary will read the last

        21       section.

        22                  THE SECRETARY:    Calendar Number

        23       900, by Member of the Assembly Gottfried,

        24       Assembly Print Number 8117B, an act to amend

        25       the Education Law and the Insurance Law.



                      Candyco Transcription Service, Inc.
                                                        7493



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Read the last section.

         3                  THE SECRETARY:    Section 5.  This

         4       act shall take effect on the 90th 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, 61.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1137, by Senator Foley, Senate Print 7137B, an

        15       act to amend the Education Law and the General

        16       Municipal Law.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Are there any Senators who wish to be heard?

        19                  Senator Ranzenhofer, why do you

        20       rise?

        21                  SENATOR RANZENHOFER:    We're on

        22       1137?

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Calendar 1137.

        25                  SENATOR RANZENHOFER:    On the



                      Candyco Transcription Service, Inc.
                                                        7494



         1       bill, Mr. President.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       On the bill, Senator Ranzenhofer.

         4                  SENATOR RANZENHOFER:    My concern

         5       with this piece of legislation and the reason

         6       why I'm not going to be voting for it is

         7       because I believe that this is another

         8       unfunded mandate on school districts.

         9                  I've heard from the school

        10       districts, I've heard from the

        11       superintendents, and they are very concerned

        12       that this is going to increase their costs.

        13       Whenever you're increasing costs for school

        14       districts, that means more property taxes that

        15       have to be paid by our local taxpayers.

        16                  So for that reason, I will not be

        17       supporting this bill.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Ranzenhofer will be recorded in the

        21       negative.

        22                  Senator Padavan.

        23                  SENATOR PADAVAN:    Would the

        24       sponsor yield for a question.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7495



         1       Senator Foley, will you yield for a question

         2       from Senator Padavan?

         3                  SENATOR FOLEY:    Yes,

         4       Mr. President.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Padavan.

         7                  SENATOR PADAVAN:    In the City of

         8       New York, our custodians are engineers.  They

         9       belong to a group pretty well known and have

        10       the capacity to not only do the type of work

        11       required by plumbing and electrical work but

        12       also to supervise it.  Would they be precluded

        13       from doing that type of work that they're

        14       trained to do, under your provision?

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Foley.

        17                  SENATOR FOLEY:    Yes, through the

        18       President.

        19                  No, in fact the amendments that we

        20       made to the bill mirrors the city language.

        21       We had spoken with the City Education

        22       Department, and after consultation with them,

        23       we made certain amendments to the bill and it

        24       is very similar to in fact a bill that is in

        25       the city.



                      Candyco Transcription Service, Inc.
                                                        7496



         1                  So they would not be precluded,

         2       Mr. President.

         3                  SENATOR PADAVAN:    So therefore

         4       the provisions of your bill -- if you would

         5       yield again.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator Foley, will you yield?

         8                  SENATOR FOLEY:    Yes,

         9       Mr. President.

        10                  SENATOR PADAVAN:    -- of work to

        11       be sent out to a licensed plumber or a

        12       licensed electrician in the City of New York

        13       would not be a requirement?

        14                  SENATOR FOLEY:    The City of

        15       New York already requires that, Senator

        16       Padavan.

        17                  SENATOR PADAVAN:    Already

        18       requires what?

        19                  SENATOR FOLEY:    Licensed plumbers

        20       to either do the work themselves or to

        21       supervise the work that would be done.

        22                  SENATOR PADAVAN:    On the bill.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       On the bill, Senator Padavan.

        25                  SENATOR PADAVAN:    It is true that



                      Candyco Transcription Service, Inc.
                                                        7497



         1       if they're going out for bid on work that

         2       cannot be done internally, yes, then that work

         3       must be done by a licensed plumber or a

         4       licensed electrician.  However, if it's work

         5       with the school that's within the capacity of

         6       the operating engineer who is the custodian

         7       and those people under his direct supervision,

         8       that's allowed as well.

         9                  And the ambiguity in your bill is

        10       as to whether or not that would continue to be

        11       so.  Because if it were not, that means every

        12       time there's a defective light switch and the

        13       custodian engineer fixes it or replaces it or

        14       the plumbing breaks down and he's got to

        15       replace a piece of the waste pipe or some

        16       other -- and he's going to have to get a

        17       elaborated plumber, now that would be a

        18       problem.  And that's why I've been asking

        19       these questions.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Winner.

        22                  SENATOR WINNER:    Will Senator

        23       Foley yield for a brief question?

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Foley, will you yield to some



                      Candyco Transcription Service, Inc.
                                                        7498



         1       questions?

         2                  SENATOR FOLEY:    Yes.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Winner.

         5                  SENATOR WINNER:    Senator Foley,

         6       can you cite any examples where there has been

         7       defective work or problems that have required

         8       the necessity of having this licensure with

         9       any specificity?  Are there school districts,

        10       for instance, in Chemung County or in Steuben

        11       County or Schuyler County or in my district

        12       that have been subject to shoddy work and

        13       dangerous circumstances because of the failure

        14       to have these people on the job?

        15                  SENATOR FOLEY:    Through you,

        16       Mr. President, I can in fact speak to examples

        17       in another part or region of the state, in our

        18       region, where shoddy workmanship in fact did

        19       occur.  And that's why we're putting the bill

        20       forward, so that on those projects -- not,

        21       let's say, regular work done on a day in, day

        22       out basis, as Senator Padavan had mentioned --

        23       but for those projects that are $10,000 or

        24       above would require a licensed electrician, a

        25       licensed plumber to do the work or to



                      Candyco Transcription Service, Inc.
                                                        7499



         1       supervise the work.

         2                  To answer Senator Winner's

         3       question, there have been a number of examples

         4       in our part of the state where that type of

         5       shoddy workmanship has occurred, and therefore

         6       the school district had to revisit that work

         7       and in so doing incur an even greater cost

         8       than if a licensed plumber or electrician was

         9       used in the first instance.

        10                  So I don't have any examples,

        11       Senator Winner, in your particular part of the

        12       state but I have examples in other parts of

        13       the state, and that's why we put the bill

        14       forward.

        15                  SENATOR WINNER:    Will the Senator

        16       yield, briefly.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Foley, will you yield for another

        19       question?

        20                  SENATOR FOLEY:    Yes.  Yes.

        21                  SENATOR WINNER:    Senator, Senator

        22       Ranzenhofer pointed out that this would be an

        23       unfunded mandate on school districts.  Do you

        24       have any kind of estimate as to how much money

        25       this is going to cost school districts



                      Candyco Transcription Service, Inc.
                                                        7500



         1       statewide as a result of having to comply with

         2       this measure?

         3                  SENATOR FOLEY:    Yeah, I think

         4       this is, at most, a de minimis impact for

         5       school districts.

         6                  As I say, those who would use a

         7       licensed electrician or plumber, let's say, at

         8       the initial project would in fact in some

         9       cases or in a number of cases save money in

        10       the long run.

        11                  Because as I've said before, there

        12       have been occasions where workmanship was done

        13       by unlicensed plumbers, unlicensed

        14       electricians, the school district had to

        15       revisit that work, which became a more

        16       expensive project than if they hired qualified

        17       workers when the work was originally done.

        18                  SENATOR WINNER:    Would the

        19       Senator yield.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator, do you yield?

        22                  SENATOR WINNER:    Senator, again,

        23       do you have any instances where you can make

        24       that allegation or allegation as it relates to

        25       districts upstate where the -- for instance,



                      Candyco Transcription Service, Inc.
                                                        7501



         1       we represent -- I know you said that maybe

         2       you've got some circumstances in Suffolk

         3       County, but it's my understanding even down

         4       there it's somewhat fractured as to whether or

         5       not they think that this is a great idea or

         6       whether it isn't a great idea.

         7                  And also if you would comment as to

         8       the fact that there are numerous local

         9       licensing requirements throughout the state

        10       that now are not at all uniform -- and this

        11       further exacerbates that circumstance, does it

        12       not?

        13                  SENATOR FOLEY:    Well, when you

        14       look at the specifics of the bill, Senator

        15       Winner, if a municipality does not require a

        16       license then they would not have to comply

        17       with this particular law or proposal.

        18                  This law pertains to those

        19       municipalities that do require licenses.

        20                  SENATOR WINNER:    On the bill

        21       briefly, Mr. President.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Winner, on the bill.

        24                  SENATOR WINNER:    This again, as

        25       Senator Ranzenhofer pointed out, is an



                      Candyco Transcription Service, Inc.
                                                        7502



         1       unfunded mandate that will cost our upstate

         2       school districts money at a time when we're

         3       cutting school aid, where we are costing

         4       them -- we are not dealing with mandate

         5       relief.

         6                  And I think it flies in the face of

         7       our representations that we are in fact trying

         8       to prevent unfunded mandates from going

         9       forward on our school districts.

        10                  And therefore, Mr. President, I

        11       think that this is an unwise measure and

        12       should not be passed.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Thank you, Senator Winner.

        15                  Are there any other Senators

        16       wishing to be heard on 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 3.  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:



                      Candyco Transcription Service, Inc.
                                                        7503



         1       Senator Saland, to explain his vote.

         2                  SENATOR SALAND:    Thank you,

         3       Mr. President.

         4                  Mr. President, this measure is

         5       opposed by both the School Boards Association

         6       as well as the school superintendents.  In all

         7       of my years of service, I've yet to have a

         8       school superintendent or school board member

         9       or anybody, for that matter, discuss a need

        10       for this particular type of legislation.

        11                  In a session that certainly will be

        12       marked by very steep, staggeringly steep cuts

        13       in aid to education, also marred by rejection

        14       of the Governor's four-year moratorium on

        15       unfunded mandates, we rather blithely are

        16       setting about imposing another unfunded

        17       mandate on school districts -- one which they,

        18       with virtual unanimity, oppose, as we hear

        19       from their representatives.

        20                  So I'm rather puzzled by the

        21       driving need for this.  As I believe I may

        22       have said, I've never had a complaint from a

        23       school district, from a school superintendent,

        24       from a building principal that they had a

        25       shoddy workmanship problem requiring them to



                      Candyco Transcription Service, Inc.
                                                        7504



         1       resort to master plumbers or licensed

         2       electricians necessitating passage of this

         3       type of legislation.

         4                  Ladies and gentlemen, this is a

         5       bill in pursuit of a problem that does not

         6       really exist and is a burden on our local

         7       school districts and should be defeated.  I

         8       vote in the negative.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Saland to be recorded in the negative.

        11                  Senator Farley, to explain his

        12       vote.

        13                  SENATOR FARLEY:    If there's

        14       anything in my district that people hate, it's

        15       mandates.  That's all I hear, from the school

        16       districts and everything else, is mandates.

        17       Basically they say, Get out of my face with

        18       your mandates.

        19                  This is perceived as a mandate, I

        20       don't care how you slice it.  This is a bad

        21       vote, and I vote no.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Farley to be recorded in the negative.

        24                  Senator Foley, to explain his vote.

        25                  SENATOR FOLEY:    Thank you,



                      Candyco Transcription Service, Inc.
                                                        7505



         1       Mr. President.

         2                  As was stated earlier in this

         3       debate, work below $10,000 will be done, let's

         4       say, by the in-house plumber or electrician.

         5       So that particular concern has been met.

         6                  Additionally, with the second

         7       amendment that we've made to the bill, it

         8       should be noted for the record, Mr. President,

         9       that the New York State Association for

        10       superintendents of School Buildings and

        11       Grounds have in fact rescinded their

        12       opposition to the bill because we have put in

        13       the $10,000 threshold.  I think that's very

        14       important to note for the record.

        15                  Additionally, the School Boards

        16       association of the State of New York had made

        17       their principal opposition to the bill because

        18       the original bill spoke about every repair

        19       would have to be undertaken by a licensed

        20       electrician or plumber.  That has been removed

        21       with the $10,000 threshold.

        22                  So those what I would call

        23       constructive criticisms have been addressed in

        24       the amendments, and that's why in the one case

        25       the superintendents of grounds have rescinded



                      Candyco Transcription Service, Inc.
                                                        7506



         1       their opposition.  And the principal

         2       opposition by the School Boards Association

         3       has also been addressed through the amendment

         4       process.

         5                  Thank you, Mr. President.  I vote

         6       in the affirmative.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Foley to be recorded in the

         9       affirmative.

        10                  Senator DeFrancisco, to explain his

        11       vote.

        12                  SENATOR DeFRANCISCO:    There seems

        13       to be a pattern that's developed over the last

        14       couple of years to correct problems that don't

        15       exist and give a justification for the

        16       correction of the problems that don't exist by

        17       something that has nothing to do with the

        18       alleged problem.

        19                  This is a perfect example.  I mean,

        20       if there's no problems, there's never been an

        21       instance that anyone can cite, especially the

        22       sponsor, that there's been some shoddy

        23       workmanship or some problem, safety problem or

        24       otherwise, we're going to provide a

        25       requirement on the school districts.  Of



                      Candyco Transcription Service, Inc.
                                                        7507



         1       course they're going to be opposed to it.

         2                  And then you tweak the bill, like

         3       Senator Foley did, so it's less onerous,

         4       you've got an exception to a bill that isn't

         5       needed in the first place so you can make it

         6       pass in some form.

         7                  So this is not the way to

         8       legislate, especially when we are causing

         9       financial hardship to school districts who

        10       certainly cannot bear any more financial

        11       hardship than they presently have.  I vote no.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator DeFrancisco to be recorded in the

        14       negative.

        15                  Announce the results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 1137 are

        18       Senators Bonacic, DeFrancisco, Farley, Larkin,

        19       Leibell, Little, Oppenheimer, Ranzenhofer,

        20       Saland, Seward, Skelos, Volker, Winner and

        21       Young.

        22                  Ayes, 47.  Nays, 14.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                                        7508



         1       1320, by Senator Savino, Senate Print 8380, an

         2       act to amend the Labor Law.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Are there any Senators wishing to be heard on

         5       the bill?

         6                  Hearing none, debate is closed.

         7       The Secretary will please ring the bells.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 17.  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 Savino, to explain her vote.

        16                  SENATOR SAVINO:    Thank you,

        17       Mr. President.

        18                  I'm actually surprised that there

        19       was no explanation requested for the bill,

        20       because I came prepared with quite a lot.  But

        21       since I only have two minutes, I'll try and do

        22       this quickly.

        23                  The Wage Theft Prevention Act of

        24       2010 sets forth a series of interlocking,

        25       strategic, narrow reforms that target bad



                      Candyco Transcription Service, Inc.
                                                        7509



         1       actors and the unfair uncompetitive edge they

         2       hold over businesses that follow the law and

         3       ensure that stolen wages flow back for New

         4       York's working families and their communities.

         5                  A recent report by the National

         6       Employment Law Project found in that New York

         7       City's low-wage workforce they experience more

         8       than $18 million in wage violations each week,

         9       or up to a billion dollars a year.  According

        10       to the report, more than 300,000 low-wage

        11       workers in New York City suffer wage

        12       violations each week.  What we have are a

        13       series of employers -- in New York City

        14       particularly, but all around the State of

        15       New York -- who cheat workers out of their

        16       wages --

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Can we please have some order in the chamber

        19       so Senator Savino can explain her vote.

        20                  SENATOR SAVINO:    They cheat

        21       workers out of hourly wages, not compensating

        22       them the minimum wage when they're entitled to

        23       it, not handing tips over to them when they're

        24       entitled to it, not compensating them for

        25       overtime that they've performed, cheating the



                      Candyco Transcription Service, Inc.
                                                        7510



         1       workers' compensation system, cheating the

         2       unemployment insurance system, cheating New

         3       York State's Department of Taxation and

         4       Finance.

         5                  This bill will put real teeth into

         6       the law so that the Department of Labor can

         7       now prosecute those bad actors and eliminate

         8       the unfair competition they have over good

         9       employers in New York State.

        10                  I strongly urge everyone to vote

        11       for this bill.  Small businesses support it,

        12       large businesses support it, editorial boards

        13       support it, even the Catholic Conference

        14       supports it.  This is a good bill for New York

        15       State's low-wage workers.  We can finally give

        16       them the justice that they deserve.

        17                  Thank you.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Savino to be recorded in the

        20       affirmative.

        21                  Senator Stavisky, to explain her

        22       vote.

        23                  SENATOR STAVISKY:    Thank you,

        24       Mr. President.

        25                  Thank you, Senator Savino, for



                      Candyco Transcription Service, Inc.
                                                        7511



         1       introducing this bill.  We stood together not

         2       very long ago on the streets of Queens County

         3       and talked about these issues.  And let me put

         4       a different face on it.

         5                  In my district we've had a lot of

         6       supermarkets that have closed, supermarkets

         7       whom long-time residents -- supermarkets that

         8       people rely upon.  And why have they closed?

         9       Because there are supermarkets that are

        10       undercutting on wages, on benefits, on

        11       exacting long hours and not providing the

        12       proper kind of compensation.

        13                  And it's for these reasons, it's to

        14       protect many, many immigrants and new

        15       Americans, that this type of legislation is

        16       needed.  And I strongly urge my colleagues,

        17       when they go into a supermarket, to look

        18       around and think these workers, these people

        19       who put the food on the shelves and cut the

        20       meat, et cetera, that they are entitled to a

        21       living, fair wage.

        22                  I vote aye.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Stavisky to be recorded in the

        25       affirmative.



                      Candyco Transcription Service, Inc.
                                                        7512



         1                  Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 1320 are

         4       Senators Alesi, Bonacic, DeFrancisco, Farley,

         5       Flanagan, Fuschillo, Golden, Griffo, Hannon,

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

         7       Libous, Little, Marcellino, Maziarz, McDonald,

         8       Nozzolio, Ranzenhofer, Robach, Saland, Seward,

         9       Skelos, Volker, Winner and Young.

        10                  Ayes, 33.  Nays, 28.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The bill is passed.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Mr. President,

        15       could you please call on Senator Ruth

        16       Hassell-Thompson.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Hassell-Thompson.

        19                  SENATOR KLEIN:    I'm sorry, before

        20       I do that, I need to do substitutions.  I

        21       apologize.

        22                  I believe that there are

        23       substitutions at the desk.  I ask that we make

        24       them at this time.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7513



         1       Returning to motions and substitutions, the

         2       Secretary will read.

         3                  THE SECRETARY:    On page 21,

         4       Senator Klein moves to discharge, from the

         5       Committee on Rules, Assembly Bill Number 10048

         6       and substitute it for the identical Senate

         7       Bill Number 1858, Third Reading Calendar 767.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Substitution ordered.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President,

        12       can you now call on Senator Hassell-Thompson.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Hassell-Thompson.

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Mr. President.

        17                  I would like to announce that there

        18       will be an immediate meeting of the Majority

        19       in Room 332.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       There will be an immediate meeting of the

        22       Majority Conference in the Majority Conference

        23       Room, Room 332.

        24                  SENATOR KLEIN:    Would you please

        25       recognize Senator Libous, Mr. President.



                      Candyco Transcription Service, Inc.
                                                        7514



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Libous.

         3                  SENATOR LIBOUS:    And there will

         4       be a not-as-immediate Republican conference in

         5       the Republican Conference Room.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       There will be a not-so-immediate meeting of

         8       the Republican Conference in the Republican

         9       Conference Room.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    In the interim,

        12       can we please stand at ease.  Hopefully we can

        13       return in about an hour, so five after 10:00.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The Senate will stand at ease for

        16       approximately one hour, the Senate to return

        17       at 10:05.

        18                  The Senate is at ease.

        19                  (Whereupon, the Senate stood at

        20       ease at 9:07 p.m.)

        21                  (Whereupon, the Senate reconvened

        22       at 11:07 p.m.)

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Klein.

        25                  SENATOR KLEIN:    Mr. President,



                      Candyco Transcription Service, Inc.
                                                        7515



         1       there's a Resolution Calendar at the desk.  I

         2       move for its immediate adoption.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       There is a Resolution Calendar at the desk.

         5                  All those in favor of adopting the

         6       Resolution Calendar please indicate by saying

         7       aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The Resolution Calendar is adopted.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President,

        16       there will be an immediate meeting of the

        17       Finance Committee, followed by a meeting of

        18       the Rules Committee in the Majority Conference

        19       Room.

        20                  Pending the return of the Rules

        21       Committee, may we please stand at ease.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       There will be an immediate meeting of the

        24       Finance Committee, followed by a immediate

        25       meeting of the Rules Committee in the Majority



                      Candyco Transcription Service, Inc.
                                                        7516



         1       Conference Room.

         2                  Until then, the Senate will stand

         3       at ease.

         4                  (Whereupon, the Senate stood at

         5       ease at 11:08 p.m.)

         6                  (Whereupon, the Senate reconvened

         7       at 11:51 p.m.)

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Klein.

        10                  SENATOR KLEIN:    Mr. President, I

        11       believe there's a report of the Rules

        12       Committee at the desk.  I move we adopt the

        13       report at this time.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       There is a report of the Rules Committee at

        16       the desk.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Senator Smith,

        19       from the Committee on Rules, reports the

        20       following bills:

        21                  Senate Print 5901, by Senator

        22       McDonald, an act authorizing;

        23                  7803, by Senator Peralta, an act to

        24       amend the Tax Law;

        25                  8022, by Senator Hassell-Thompson,



                      Candyco Transcription Service, Inc.
                                                        7517



         1       an act to amend the Correction Law;

         2                  8047, by Senator O. Johnson, an act

         3       to authorize;

         4                  8061, by Senator Aubertine, an act

         5       to amend the Environmental Conservation Law;

         6                  8190, by Senator Thompson, an act

         7       to amend the Tax Law;

         8                  8228, by Senator Hassell-Thompson,

         9       an act to amend the Correction Law;

        10                  8317, by Senator Hassell-Thompson,

        11       an act to amend the Correction Law;

        12                  8339, by Senator Perkins, an act to

        13       amend the Public Authorities Law;

        14                  8340A, by the Senate Committee on

        15       Rules, an act to amend the Arts and Cultural

        16       Affairs Law;

        17                  8364, by Senator Montgomery, an act

        18       authorizing;

        19                  8367, by Senator Stewart-Cousins,

        20       an act to authorize the City of Newburgh;

        21                  8412, by Senator Klein, an act to

        22       amend the Civil Service Law;

        23                  8421, by the Senate Committee on

        24       Rules, an act to amend a chapter of the Laws

        25       of 2010;



                      Candyco Transcription Service, Inc.
                                                        7518



         1                  8422, by the Senate Committee on

         2       Rules, an act to amend part JJ of Chapter 56

         3       of the Laws of 2010;

         4                  8374, by Senator Breslin, an act to

         5       amend the Insurance Law;

         6                  8404, by Senator C. Kruger, an act

         7       to amend a chapter of the Laws of 2010;

         8                  And Senate Print 8420, by Senator

         9       Stachowski, an act to amend the Education Law.

        10                  All bills ordered direct to third

        11       reading.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       All those in favor of adopting the Rules

        14       Committee report please signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Opposed, nay.

        18                  (Response of "Nay.")

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The Rules Committee report is adopted.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Mr. President,

        23       can we please return to the order of messages

        24       from the Assembly.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7519



         1       Returning to the order of messages from the

         2       Assembly, the Secretary will read.

         3                  THE SECRETARY:    The Assembly sent

         4       for concurrence the following bill:  On motion

         5       of Mr. Smith, and by unanimous consent, the

         6       rules were suspended and said bill ordered to

         7       a third reading:  Assembly Bill Number 11523.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       The Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       1421, by the Assembly Committee on Rules,

        12       Assembly Print Number 11523, an act to amend

        13       the Economic Development Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall --

        18                  SENATOR LIBOUS:    Lay it aside.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The bill is laid aside.

        21                  SENATOR KLEIN:    Mr. President,

        22       lay the bill aside for the day, please.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is laid aside for the day.

        25                  Senator Klein.



                      Candyco Transcription Service, Inc.
                                                        7520



         1                  SENATOR KLEIN:    Mr. President, at

         2       this time can we please take up the reading of

         3       Supplemental Calendar 74B.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       1406, by Senator McDonald, Senate Print 5901,

         8       an act authorizing the County of Saratoga to

         9       discontinue.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       There is no home-rule message at the desk.

        12       Therefore, the bill will be laid aside for the

        13       day.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1407, Senator Peralta moves to

        16       discharge, from the Committee on

        17       Investigations and Government Operations,

        18       Assembly Bill Number 3577B and substitute it

        19       for the identical Senate Bill Number 7803,

        20       Third Reading Calendar 1407.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Substitution ordered.

        23                  THE SECRETARY:    Calendar Number

        24       1407, by Member of the Assembly Aubry,

        25       Assembly Print Number 3577B, an act to amend



                      Candyco Transcription Service, Inc.
                                                        7521



         1       the Tax Law and the State Finance 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, 61.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is passed.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1408, Senator Hassell-Thompson

        16       moves to discharge, from the Committee on

        17       Rules, Assembly Bill Number 11330A and

        18       substitute it for the identical Senate Bill

        19       Number 8022, Third Reading Calendar 1408.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Substitution ordered.

        22                  THE SECRETARY:    Calendar Number

        23       1408, by the Assembly Committee on Rules,

        24       Assembly Print Number 11330A, an act to amend

        25       the Correction Law.



                      Candyco Transcription Service, Inc.
                                                        7522



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         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, 61.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       The bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1409, by Senator O. Johnson, Senate Print

        15       8047, an act to authorize the Commissioner of

        16       General Services.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Read the last section.

        19                  THE SECRETARY:    Section 2.  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       Announce the results.



                      Candyco Transcription Service, Inc.
                                                        7523



         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1410, by Senator Aubertine, Senate Print 8061,

         6       an act to amend the Environmental Conservation

         7       Law.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Read the last section.

        10                  THE SECRETARY:    Section 3.  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                  SENATOR LIBOUS:    Lay it aside.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is laid aside.

        20                  THE SECRETARY:    Calendar Number

        21       1411, by Senator Thompson, Senate Print 8190,

        22       an act to amend the Tax Law.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Read the last section.

        25                  THE SECRETARY:    Section 2.



                      Candyco Transcription Service, Inc.
                                                        7524



         1       This --

         2                  SENATOR DeFRANCISCO:    Lay it

         3       aside.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The bill is laid aside.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1412, Senator Hassell-Thompson

         8       moves to discharge, from the Committee on

         9       Rules, Assembly Bill Number 11391 and

        10       substitute it for the identical Senate Bill

        11       Number 8228, Third Reading Calendar 1412.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       1412, by the Assembly Committee on Rules,

        16       Assembly Print Number 11391, an act to amend

        17       the Correction 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:



                      Candyco Transcription Service, Inc.
                                                        7525



         1       Senator Hassell-Thompson, to explain her vote.

         2                  SENATOR HASSELL-THOMPSON:    Thank

         3       you, Mr. President.

         4                  The reason that I brought this bill

         5       forward is to expand the eligibility for the

         6       shock incarceration programs.  I think all of

         7       you are aware that this year there was a

         8       proposal to close Moriah Shock.  And in an

         9       effort to take a relook at that facility, we

        10       have discovered that the numbers of inmates

        11       that would normally go to a shock facility

        12       have been minimized by the limited sentencing

        13       that is required.

        14                  So that what we are proposing is

        15       that we expand the eligibility for shock to

        16       allow second nonviolent offenders who have

        17       been in prison previously for a nonviolent

        18       offense to be reviewed by the Department of

        19       Correctional Services for the shock program.

        20       This will go a long way toward helping to keep

        21       our shock facilities not only open but will

        22       provide an intensive boot camp program for

        23       both male and female inmates convicted of

        24       nonviolent offenses.

        25                  Therefore, I hope that my



                      Candyco Transcription Service, Inc.
                                                        7526



         1       colleagues will give consideration to this

         2       bill and assist me in its passage.  Thank you.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Hassell-Thompson to be recorded in the

         5       affirmative.

         6                  Announce the results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 1412 are

         9       Senators Alesi, Bonacic, Flanagan, Fuschillo,

        10       Golden, Griffo, Lanza, Larkin, Flanagan,

        11       Leibell, Libous, Marcellino, Ranzenhofer,

        12       Robach, Saland and Skelos.  Also Senator

        13       DeFrancisco.  Also Senator Seward.  Also

        14       Senator O. Johnson.

        15                  Ayes, 42.  Nays, 19.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 1413, Senator Hassell-Thompson

        20       moves to --

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Secretary, one second.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, at

        25       this time I move to hold session between the



                      Candyco Transcription Service, Inc.
                                                        7527



         1       hours of 12:00 a.m. and 8:00 a.m. on July 1,

         2       2010, under Senate Rule 5, Section 2.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       All those in favor of holding session on July

         5       1, 2010, between the hours of 12:00 a.m. and

         6       8:00 a.m. please signify by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Opposed, nay.

        10                  (Response of "Nay.")

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senate session is authorized by a majority

        13       vote of all members elected between the hours

        14       of 12:00 a.m. and 8:00 a.m. on July 1, 2010.

        15                  Senator Bonacic.

        16                  SENATOR BONACIC:    Now that we

        17       know that it's 12:01 on July 1st and we're all

        18       in a festive mood, I'd like to tell you that

        19       this is Senator Fuschillo's birthday now.

        20                  (Applause.)

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Happy birthday, Senator Fuschillo.  You don't

        23       look a day over 21.

        24                  The Secretary will continue to

        25       read.



                      Candyco Transcription Service, Inc.
                                                        7528



         1                  THE SECRETARY:    In relation to

         2       Calendar Number 1413, Senator Hassell-Thompson

         3       moves to discharge, from the Committee on

         4       Rules, Assembly Bill Number 10061 and

         5       substitute it for the identical Senate Bill

         6       Number 8317, Third Reading Calendar 1413.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Substitution ordered.

         9                  THE SECRETARY:    Calendar Number

        10       1413, by Member of the Assembly Aubry,

        11       Assembly Print Number 10061, an act to amend

        12       the Correction 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, 61.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                                        7529



         1       Calendar Number 1414, Senator Perkins moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 11546 and substitute it

         4       for the identical Senate Bill Number 8339,

         5       Third Reading Calendar 1414.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Substitution ordered.

         8                  THE SECRETARY:    Calendar Number

         9       1414, by the Assembly Committee on Rules,

        10       Assembly Print Number 11546, an act to amend

        11       the Public Authorities 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, 61.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       The bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1415, by the Senate Committee on Rules, Senate



                      Candyco Transcription Service, Inc.
                                                        7530



         1       Print Number 8340A, an act to amend the Arts

         2       and Cultural Affairs Law.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, is

         6       there a message of necessity at the desk?

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       There is a message of necessity at the desk,

         9       Senator Klein.

        10                  SENATOR KLEIN:    Mr. President, I

        11       move to accept the message at this time.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The question is on the acceptance of the

        14       message of necessity.  All those in favor

        15       please signify by saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       The message of necessity is accepted.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 12.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7531



         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Announce the results.

         5                  Senator Squadron, to explain his

         6       vote.

         7                  SENATOR SQUADRON:    Thank you very

         8       much, Mr. President.

         9                  This bill is another unfortunate

        10       extender in an unfortunate experiment that

        11       hasn't worked.  It's a complicated issue, the

        12       issue of ticket reselling and how best to make

        13       this market work for regular folks, for

        14       families who are too often priced out of the

        15       ballgame, for young people who want to go see

        16       a concert or take their child to go see

        17       The Wiggles.

        18                  And the problem is we've been doing

        19       this in this state now for three years and it

        20       hasn't been working.  We know that when Bruce

        21       Springsteen comes into the state and tries to

        22       sell tickets for a highest price of $95 and

        23       instead folks who go to buy those tickets get

        24       redirected to a secondary seller who

        25       price-gouges them so that families and



                      Candyco Transcription Service, Inc.
                                                        7532



         1       individuals can't afford that show.

         2                  The fact is this bill doesn't do

         3       what we need to do to protect consumers, it

         4       doesn't do what we need to do to keep ticket

         5       prices down.  In fact, what it does is it

         6       gives a welcome sign yet again to deceptive

         7       marketing practices, to collusion and to

         8       unfair business practices that hurt regular

         9       folks and make it impossible to affordably see

        10       shows or events in this state.

        11                  That's why I'm going to vote no,

        12       Mr. President.  Hopefully eight months from

        13       now we can do better.  Certainly in the last

        14       year we haven't figured out how to do

        15       significantly better.  Hopefully this is our

        16       opportunity.

        17                  I'll vote no, Mr. President.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Squadron to be recorded in the

        20       negative.

        21                  Announce the results.

        22                  THE SECRETARY:    Ayes, 59.  Nays,

        23       2.  Senators C. Kruger and Squadron recorded

        24       in the negative.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7533



         1       The bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1416, by Senator Montgomery, Senate Print

         4       8364, an act to authorizing the Commissioner

         5       of General Services.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Read the last section.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  SENATOR GOLDEN:    Lay it aside.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       1417, by Senator Stewart-Cousins, Senate Print

        18       8367, an act to authorize the City of

        19       Newburgh.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

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

        22                  Read the last section.

        23                  THE SECRETARY:    Section 19.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7534



         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 61.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1418, by Senator Klein, Senate Print 8412, an

        10       act to amend the Civil Service Law.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, is

        14       there a message of necessity and appropriation

        15       at the desk?

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       There is a message of necessity and

        18       appropriation at the desk.

        19                  SENATOR KLEIN:    Mr. President, I

        20       move we accept the message at this time.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       The question is on the acceptance of the

        23       message of necessity and appropriation.  All

        24       those in favor please signify by saying aye.

        25                  (Response of "Aye.")



                      Candyco Transcription Service, Inc.
                                                        7535



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Opposed, nay.

         3                  (No response.)

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The message is accepted.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 28.  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, 61.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1419, by the Senate Committee on Rules, Senate

        19       Print 8421, an act to amend a chapter of the

        20       Laws of 2010 enacting the Education, Labor and

        21       Family Assistance Budget.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, is

        25       there a message of necessity and appropriation



                      Candyco Transcription Service, Inc.
                                                        7536



         1       at the desk?

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       There is a message of necessity and

         4       appropriation at the desk, Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, I

         6       move we accept the message at this time.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The question is on the acceptance of the

         9       message of necessity and appropriation.  All

        10       those in favor please signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The message is accepted.

        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 --



                      Candyco Transcription Service, Inc.
                                                        7537



         1                  SENATOR HANNON:    Lay it aside.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The bill is laid aside.

         4                  SENATOR HANNON:    Wait, I withdraw

         5       it.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The lay-aside is withdrawn.

         8                  Read the last section.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 1419:  Section 2.  This act

        11       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, 61.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1420, by the Senate Committee on Rules, Senate

        22       Print Number 8422, an act to amend Part JJ of

        23       Chapter 56 of the Laws of 2010 relating to

        24       authorizing certain payments and transfers.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7538



         1       Senator Klein.

         2                  SENATOR KLEIN:    Mr. President, is

         3       there a message of necessity at the desk?

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Klein, there is a message of necessity

         6       at the desk.

         7                  SENATOR KLEIN:    I move we accept

         8       the message of necessity at this time.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The question is on the acceptance of the

        11       message of necessity.  All those in favor

        12       please signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Message is accepted.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 4.  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:



                      Candyco Transcription Service, Inc.
                                                        7539



         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1422, by Senator Breslin, Senate Print 8374,

         7       an act to amend the Insurance Law.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Read the last section.

        10                  THE SECRETARY:    Section 3.  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, 61.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1423, by Senator C. Kruger, Senate Print 8404,

        22       an act to amend a chapter of the Laws of 2010.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is high.  The bill will be laid aside

        25       for the day.



                      Candyco Transcription Service, Inc.
                                                        7540



         1                  THE SECRETARY:    Calendar Number

         2       1424, by Senator Stachowski, Senate Print

         3       8420, an act to amend the Education Law.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, is

         7       there a message of necessity at the desk?

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Klein, there is a message of necessity

        10       at the desk.

        11                  SENATOR KLEIN:    I move we accept

        12       the message of necessity at this time.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The question is on the acceptance of the

        15       message of necessity.  All those in favor

        16       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 message is accepted.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



                      Candyco Transcription Service, Inc.
                                                        7541



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Stachowski, to explain his vote.

         6                  SENATOR STACHOWSKI:    Yeah, just

         7       briefly, Mr. President, I'd like to thank a

         8       lot of the people that were involved in

         9       putting this bill together.

        10                  As you know, all the states in the

        11       nation are trying to put together a bill to

        12       deal with head injuries.  And in this state we

        13       had a group of legislators all working on

        14       this.  And I'd like to thank Senator Hannon,

        15       Senator Foley, Senator Squadron in particular.

        16       We had a roundtable, we had help from experts.

        17                  And of course I'd like to thank the

        18       Governor for his involvement.  He had

        19       exchanges with the commissioner of the

        20       National Football League to try to get us to

        21       push this bill and get it done before session

        22       ended because they're trying to encourage

        23       everybody to get something in place to deal

        24       with the serious problem of minor traumatic

        25       brain injuries and the possible repercussions



                      Candyco Transcription Service, Inc.
                                                        7542



         1       of them if not treated properly.

         2                  So we think we have put together

         3       what we believe is the best bill so far that

         4       we've seen out of any state in the country,

         5       and I'd just like to thank all of my

         6       colleagues for helping put this together and

         7       make this happen, and in particular help the

         8       Governor.

         9                  Thank you.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Thank you, Senator Stachowski.

        12                  Senator Stachowski will be recorded

        13       in the affirmative.

        14                  Announce the results.

        15                  THE SECRETARY:    Ayes, 61.  Nays,

        16       0.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The bill is passed.

        19                  Senator Klein, that completes the

        20       noncontroversial supplemental calendar.

        21                  SENATOR KLEIN:    Please recognize

        22       Senator Libous.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Libous.

        25                  SENATOR LIBOUS:    Mr. President, I



                      Candyco Transcription Service, Inc.
                                                        7543



         1       would like to withdraw the lay-aside on

         2       Calendar Number 1410 and ask you to take it

         3       back to regular reading.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Sure.  The lay-aside has been removed from

         6       Calendar Number 1410.  It will now be placed

         7       on the noncontroversial supplemental calendar.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       1410, by Senator Aubertine, Senate Print 8061,

        11       an act to amend the Environmental Conservation

        12       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, 61.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill is passed.

        25                  Senator Klein, that now completes



                      Candyco Transcription Service, Inc.
                                                        7544



         1       the noncontroversial supplemental calendar.

         2                  SENATOR KLEIN:    Mr. President,

         3       can we please go to a reading of the

         4       controversial supplemental calendar.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The Secretary will ring the bells.  All

         7       members are now invited to come back into the

         8       chamber for the reading of the controversial

         9       supplemental calendar.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       1411, by Senator Thompson, Senate Print 8190,

        13       an act to amend the Tax Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator DeFrancisco.

        16                  SENATOR DeFRANCISCO:    I have a

        17       question of the sponsor.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator DeFrancisco, one moment please.

        20                  We're going to lay the bill aside

        21       temporarily.

        22                  The bill is now back before the

        23       house.

        24                  Senator Thompson, Senator

        25       DeFrancisco requests you to yield for some



                      Candyco Transcription Service, Inc.
                                                        7545



         1       questions.  Do you yield?

         2                  SENATOR THOMPSON:    Absolutely.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator DeFrancisco, Senator Thompson yields.

         5                  SENATOR DeFRANCISCO:    Senator

         6       Thompson, I think everybody would love to see

         7       the development of solar energy and tax

         8       credits to provide that energy.  Can you tell

         9       me what the fiscal impact is on this

        10       particular piece of legislation?

        11                  SENATOR THOMPSON:    There will be

        12       a financial plan of fiscal impact in the

        13       future.  I don't have that number in front of

        14       me, but I can get back to you in a few

        15       minutes.

        16                  SENATOR DeFRANCISCO:    Would

        17       Senator Thompson yield to another question.

        18                  SENATOR THOMPSON:    Sure.

        19                  SENATOR DeFRANCISCO:    Would you

        20       please tell me, if we don't know the fiscal

        21       impact and obviously it's not been provided

        22       for in this budget or the part of the budget

        23       that we've proposed -- the part of the budget

        24       that we voted on, and I don't think it's in

        25       the other part that we didn't vote on yet in



                      Candyco Transcription Service, Inc.
                                                        7546



         1       this bifurcated or trifurcated or

         2       quadruplicated process, wouldn't it make sense

         3       to lay this bill aside until we know the

         4       fiscal impact and what it's going to do to our

         5       budget?

         6                  SENATOR THOMPSON:    Through you,

         7       Mr. President.  I think that one of the things

         8       that we've tried to do this year, at least

         9       over the last couple of days, is to support a

        10       number of initiatives to grow green business

        11       in the state.  And I'm certain that you're

        12       aware that there are a number of people that

        13       are supporting efforts to grow the solar

        14       industry in the State of New York.

        15                  So I think this is a very good bill

        16       that warrants support to continue the growth

        17       and development of the solar industry in the

        18       State of New York.

        19                  SENATOR DeFRANCISCO:    Thank you.

        20                  On the bill.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator DeFrancisco, on the bill.

        23                  SENATOR DeFRANCISCO:    I'm going

        24       to vote no.  Solar energy is a wonderful

        25       thing.  We should encourage it.  We should



                      Candyco Transcription Service, Inc.
                                                        7547



         1       have a lot of tax credits for a lot of

         2       different things.  But if there's no money for

         3       the tax credits, then it makes little sense.

         4       Or if we don't even know the fiscal impact at

         5       this time of concern over the budget, it seems

         6       a little bit silly, to put it mildly, to vote

         7       on a bill like this without having the money

         8       behind it.

         9                  So I'm going to vote no because of

        10       the unknown fiscal implications and no money

        11       being set aside for it.  Thank you.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator DeFrancisco to be recorded in the

        14       negative.

        15                  Are there any other Senators

        16       wishing to be heard?

        17                  Hearing none, debate is closed.

        18       The Secretary will ring the bells.  All

        19       members please come back into the chamber.

        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.)



                      Candyco Transcription Service, Inc.
                                                        7548



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 59.  Nays,

         4       2.  Senators DeFrancisco and Volker recorded

         5       in the negative.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       The bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1416, by Senator Montgomery, Senate Print

        10       8364, an act authorizing the Commissioner of

        11       General Services.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Golden, why do you rise?

        14                  SENATOR GOLDEN:    Explanation,

        15       please.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Senator Montgomery, Senator Golden has

        18       requested an explanation.

        19                  Senator Montgomery.

        20                  SENATOR MONTGOMERY:    Yes,

        21       Mr. President.  I've been asked for an

        22       explanation of this bill?

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Yes, Senator.

        25                  SENATOR MONTGOMERY:    This



                      Candyco Transcription Service, Inc.
                                                        7549



         1       authorizes the Commissioner of General

         2       Services to sell and convey a building that

         3       has been abandoned for some 20-odd or more

         4       years that is in the Borough of Brooklyn, in

         5       the County of Queens.  It's located at 1024

         6       Fulton Street.

         7                  It has been vacant and is now

         8       pretty much beyond repair, and so we're asking

         9       OGS, with the concurrence of OCFS, to convey

        10       that building to an organization that wishes

        11       to build senior housing that is really a

        12       mixed-use program for senior housing and a

        13       youth recreational facility attached to it.

        14                  SENATOR GOLDEN:    Thank you,

        15       Senator.

        16                  Through you, Mr. President, the CNR

        17       Housing Development Fund, what is that?

        18                  SENATOR MONTGOMERY:    The CNR

        19       Housing Development Fund is an organization

        20       that currently provides nursing home

        21       rehabilitation care for the elderly.  They

        22       also provide housing for the elderly and

        23       disabled.

        24                  They have several facilities.  Two

        25       of their residential buildings are in the



                      Candyco Transcription Service, Inc.
                                                        7550



         1       Bronx, and I believe they have a health

         2       facility in Queens and a nursing and

         3       rehabilitation center in Brooklyn.

         4                  SENATOR GOLDEN:    Thank you,

         5       Senator.

         6                  Last question, Mr. President, is

         7       this city-owned property or state-owned

         8       property?

         9                  SENATOR MONTGOMERY:    Mr.

        10       President, through you, this is state-owned.

        11       That's why we're asking the commissioner of

        12       the Office of General Services.

        13                  SENATOR GOLDEN:    The only reason,

        14       I got a question from the city asking if this

        15       was state-owned or city-owned.  That was the

        16       reason I'm asking the question.

        17                  SENATOR MONTGOMERY:    It's

        18       state-owned.

        19                  SENATOR GOLDEN:    Thank you.

        20                  SENATOR MONTGOMERY:    Thank you.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Diaz, why do you rise?

        23                  SENATOR DIAZ:    Mr. President,

        24       would the sponsor yield for a question.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7551



         1       Senator Montgomery, will you yield for a

         2       question from Senator Diaz?

         3                  SENATOR MONTGOMERY:    Yes,

         4       Mr. President.

         5                  SENATOR DIAZ:    Senator

         6       Montgomery, I heard you mention property in

         7       the Bronx.  But it's not in here, it is not in

         8       the bill.  So why --

         9                  SENATOR MONTGOMERY:    No, this

        10       bill has nothing to do with their property in

        11       the Bronx.

        12                  I was simply using an example

        13       because Senator Golden asked me what kind of

        14       organization it was, and I was explaining to

        15       him that they have properties in the Bronx

        16       that they have developed, it's housing for the

        17       elderly.  They have a rehabilitation center

        18       for the elderly in Brooklyn.  They do have a

        19       health facility in Queens.  So that's all.

        20                  But this only has to do with the

        21       property that they wish to develop housing

        22       with in the Borough of Brooklyn.

        23                  SENATOR DIAZ:    Thank you,

        24       Mr. President.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7552



         1       Thank you, Senator Diaz.

         2                  Any other Senators wishing to be

         3       heard?

         4                  Hearing none, the debate is closed.

         5       The Secretary will please ring the bells.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 5.  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, 61.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The bill is passed.

        17                  Senator Klein, that completes the

        18       reading of the controversial supplemental

        19       calendar.

        20                  SENATOR KLEIN:    Mr. President,

        21       can we briefly return to motions and

        22       resolutions.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Returning to motions and resolutions.

        25                  Senator Klein.



                      Candyco Transcription Service, Inc.
                                                        7553



         1                  SENATOR KLEIN:    Mr. President, on

         2       behalf of Senator Thompson, on page number 29

         3       I offer the following amendments to Calendar

         4       Number 1174, Senate Print Number 8280, and ask

         5       that said bill retain its place on Third

         6       Reading Calendar.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       So ordered.

         9                  SENATOR KLEIN:    Mr. President,

        10       can we please go to the supplemental active

        11       list and take up Calendar Number 1091.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1091, by Member of the Assembly Kellner,

        16       Assembly Print Number 9465A, an act to amend

        17       the Public Authorities 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:



                      Candyco Transcription Service, Inc.
                                                        7554



         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 60.  Nays,

         3       1.  Senator Huntley recorded in the negative.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       The bill is passed.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President,

         8       once again, can we take up the supplemental

         9       active list.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       1292, by the Senate Committee on Rules, Senate

        14       Print 8381, an act to repeal Section 25-b of

        15       Part A of a chapter of the laws of 2010.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Read the last section.

        18                  SENATOR LIBOUS:    Lay the bill

        19       aside.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       The bill is laid aside.

        22                  Senator Klein, that completes the

        23       reading of the noncontroversial supplemental

        24       active list.

        25                  SENATOR KLEIN:    Mr. President, at



                      Candyco Transcription Service, Inc.
                                                        7555



         1       this time can we please take up the reading of

         2       the controversial supplemental active list.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The Secretary will ring the bell.  Members are

         5       all asked to come to the chamber for the

         6       reading of the controversial supplemental

         7       active list.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       1292, by the Senate Committee on Rules, Senate

        11       Print 8381, an act to repeal Section 25-b of

        12       Part A of a chapter of the Laws of 2010.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Flanagan.

        15                  SENATOR FLANAGAN:    Mr. President,

        16       would Senator Kruger yield to some questions.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Klein.

        19                  SENATOR KLEIN:    I'll be happy to

        20       yield, Senator Flanagan.

        21                  SENATOR FLANAGAN:    Senator Klein,

        22       thank you.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Flanagan.

        25                  SENATOR FLANAGAN:    Senator Klein,



                      Candyco Transcription Service, Inc.
                                                        7556



         1       I do have a couple of basic questions.  Let me

         2       start by one that may be just too obvious.

         3                  This is labeled as a technical

         4       correction.  I don't view this that way; I'm

         5       not sure that many others would.  But let me

         6       start by asking, in light of the fact that

         7       this is tied to the education budget which you

         8       advanced and was passed -- the Governor has

         9       now vetoed that and made it very clear that he

        10       was going to do that, and he's followed

        11       through with doing that.  So why would we be

        12       moving ahead with a bill that's a technical

        13       correction to something that's already been

        14       vetoed?

        15                  SENATOR KLEIN:    Well, one of the

        16       agreements we were able to obtain with the

        17       Assembly and the Senate and the Governor is

        18       that if money was reduced -- and of course

        19       this is going to be based on the restorations

        20       that were made in the education budget we

        21       passed jointly with the Assembly earlier in

        22       the week -- is that the money for non-Big Five

        23       school districts, those school districts that

        24       have already passed their budget, that the

        25       money would be mandated for non-high-needs



                      Candyco Transcription Service, Inc.
                                                        7557



         1       school districts to be used to lower the tax

         2       levy, directly to property tax relief.

         3                  SENATOR FLANAGAN:    Would Senator

         4       Klein continue to yield.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Klein, do you continue to yield?

         7                  SENATOR KLEIN:    I'd be happy to

         8       yield.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Flanagan.

        11                  SENATOR FLANAGAN:    Who came up

        12       with the original plan that would have three

        13       tiers, one for low need, one for average need,

        14       one for high need?  I mean, if you agreed

        15       initially that that's what should be done, why

        16       was that not in the first bill that we voted

        17       on the other day?

        18                  SENATOR KLEIN:    It was negotiated

        19       on later that it was a much better idea that

        20       being that school districts around the state

        21       that passed their budgets in May -- I assume

        22       they tightened their belts.  Most of the

        23       budgets in the State of New York, as you know,

        24       passed -- it would make no sense to now turn

        25       around and give over that money.



                      Candyco Transcription Service, Inc.
                                                        7558



         1                  And by the way, under present law,

         2       if we gave that money over to them after

         3       they've passed their budgets, they'd be

         4       required to keep it in the reserve fund.

         5                  We thought it would be much more

         6       beneficial to taxpayers around the State of

         7       New York, instead of that money gaining dust

         8       in a fund for over a year, to be used now to

         9       lower the tax levy on the budget that was just

        10       passed by school districts around the state,

        11       thus giving taxpayers the ability to see tax

        12       savings even before their tax bill comes in

        13       October.

        14                  SENATOR FLANAGAN:    Mr. President,

        15       if Senator Klein would continue to yield.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Senator Klein, do you continue to yield?

        18                  SENATOR KLEIN:    I'd be happy to

        19       yield.

        20                  SENATOR FLANAGAN:    Senator Klein,

        21       I don't agree.  Under present law, if we did

        22       nothing, school districts basically would have

        23       three options.

        24                  One, if they had put in a dry

        25       appropriation assuming that they might get



                      Candyco Transcription Service, Inc.
                                                        7559



         1       more state aid, it could be so allocated as a

         2       result of the budget passing.

         3                  The second option is that the money

         4       could be put into a reserve fund up to

         5       4 percent, as you know.

         6                  But there's also an option to

         7       reduce the property tax levy under existing

         8       law.  So there's really three options

         9       available to school districts if we do

        10       nothing.

        11                  But let me go back, because I want

        12       to be clear, as we move ahead, what direction

        13       we're taking.  You mentioned that this was

        14       negotiated with the Assembly, the Senate and

        15       the Governor.  So is it a fair representation

        16       that at least this portion of the education

        17       budget is agreed to by the Governor?

        18                  SENATOR KLEIN:    I would hope so.

        19                  SENATOR FLANAGAN:    Could I get

        20       clarity?  Is that a yes or a no?

        21                  SENATOR KLEIN:    Yes.

        22                  SENATOR FLANAGAN:    Thank you.

        23                  SENATOR KLEIN:    As you know,

        24       Senator Flanagan, things are rather fluid and

        25       things change around here from day to day.



                      Candyco Transcription Service, Inc.
                                                        7560



         1                  SENATOR FLANAGAN:    I certainly

         2       appreciate that.  Thank you, Senator Klein.

         3                  Mr. President, on the bill.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Flanagan, on the bill.

         6                  SENATOR FLANAGAN:    The problem I

         7       have with this legislation is that it's

         8       reflective of some of the issues that we're

         9       dealing with in relation to the budget as a

        10       whole and in particular as it focuses on

        11       education.

        12                  Now, we had another opportunity

        13       today to deal with a bill by Senator

        14       Stewart-Cousins to provide $4 million to

        15       Yonkers.  The other day we did a bill to

        16       Yonkers for about $5 million.  Now we're doing

        17       a technical correction to the budget for how

        18       we're going to distribute money to the school

        19       districts.  We have another bill that will be

        20       coming up that will be a reimbursement to

        21       private and parochial schools.

        22                  It's a piecemeal approach that

        23       frankly just doesn't work.  It's bad public

        24       policy.  It's not the way we should be doing

        25       things.  But I want to go through very quickly



                      Candyco Transcription Service, Inc.
                                                        7561



         1       what this sets up.

         2                  And it sets up an adversarial

         3       system, in my opinion, and one that is not

         4       beneficial to the property taxpayers.  Because

         5       if we are going to have a uniform standard,

         6       that's what it should be.  It should be

         7       uniform.

         8                  Under the original bill that you

         9       passed and that we as the Senate Republicans

        10       voted against, you created a three-tier

        11       system.  A high-needs district could get

        12       whatever extra money and use it however they

        13       want.  Then the average-need district would

        14       have to use 50 percent for property tax

        15       relief, and they could use the other

        16       50 percent however they want.  Then of course

        17       your low-needs district would have to operate

        18       under current law, which was just described.

        19                  Now -- and by the way, I got this

        20       information from the State Education

        21       Department.  Low-needs districts, there are

        22       132 of them in the state.  Average needs, 335.

        23       And high needs, 207.

        24                  Now with this technical correction,

        25       which is apparently supported by the Governor,



                      Candyco Transcription Service, Inc.
                                                        7562



         1       you've taken a bad situation and made it

         2       slightly better.  It's not good, because now

         3       we have competition and you could literally

         4       have a situation where you will have

         5       neighboring districts, one person can live in

         6       one block in one school district and another

         7       person could live right across the street and

         8       be treated differently.

         9                  Because your high-needs districts

        10       are going to have a lot more flexibility.

        11       They can now turn around and say we got extra

        12       money from the State of New York, we're going

        13       to reinstitute programming.  We're going to

        14       bring back teachers.  We're going to add back.

        15       And you could have a district right next door

        16       that simply is not going to have that option.

        17                  I believe the prudent way to have

        18       done this would have been to create a uniform

        19       system so that if the real goal is property

        20       tax relief, then everybody should have to

        21       operate under the same standard.  And frankly,

        22       doing it under existing law probably would

        23       have been the best course of action because

        24       they could have used that to reduce the

        25       property tax levy.



                      Candyco Transcription Service, Inc.
                                                        7563



         1                  So this is not going to help a

         2       number of school districts across the State of

         3       New York the way you think it is.  And it's

         4       going to be difficult for certain members to

         5       go back to explain to one district versus

         6       another that you're now being treated

         7       differently from your neighbor.

         8                  Again, this is not the way we

         9       should be approaching things.  It's going to

        10       create more problems.  It's going to raise

        11       more questions.  And I guess fundamentally we

        12       could ask the question, if the whole veto

        13       issue has now rendered some of this moot, why

        14       are we actually doing this.

        15                  Mr. President, I plan on voting no

        16       and I would encourage my colleagues to vote no

        17       as well.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Thank you, Senator Flanagan.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    I couldn't

        22       disagree more with my colleague from Suffolk

        23       County.  I think the only thing he got correct

        24       is that we did change the system.

        25                  First of all, that according to



                      Candyco Transcription Service, Inc.
                                                        7564



         1       present law, school districts can use the

         2       money to put in a reserve or reduce the tax

         3       levy.  There has never been a case in my

         4       memory that any school district, when we did

         5       pass a late budget and gave them their money,

         6       that they did use it to reduce the tax levy.

         7       They use it for next year's budget so they can

         8       spend more or not cut services.

         9                  The other piece, as far as

        10       delivering the money this year, the

        11       Superintendent of Education made it very clear

        12       to school districts around the state that they

        13       should not count on any money from the state

        14       this year.  So -- there's virtually every

        15       school district in the State of New York

        16       assumed they were getting nothing as far as

        17       school aid, because the Governor in his budget

        18       cut school aid.  So now to turn around and

        19       give school districts money after they

        20       tightened their belts, they made their

        21       changes, would be ludicrous.

        22                  I think in these tough fiscal times

        23       when high property taxes is on everyone's

        24       mind, the way we can deliver property tax

        25       relief is to reduce the levy now.



                      Candyco Transcription Service, Inc.
                                                        7565



         1                  Again, the high-needs school

         2       districts, we are giving them the flexibility

         3       to either use the money to actually put in a

         4       reserve fund or spend or use to reduce

         5       property taxes.  I'll be honest with you,

         6       probably the high-needs school districts are

         7       high-needs school districts for a reason.

         8       They probably will use that money and not

         9       choose to reduce property taxes.

        10                  But again, this was based on the

        11       restorations that were made to education in

        12       the Senate and Assembly budget to the tune of

        13       $280 million.  So that would be $280 million

        14       for property tax relief.  That's an awful lot

        15       of money to be given to local taxpayers in

        16       these tough fiscal times.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Flanagan, why do you rise?

        19                  SENATOR FLANAGAN:    Mr. President,

        20       will Senator Klein yield.

        21                  SENATOR KLEIN:    I'd be happy to

        22       yield.

        23                  SENATOR FLANAGAN:    Senator Klein,

        24       can you point to me where it says in any of

        25       this legislation, consistent with what you are



                      Candyco Transcription Service, Inc.
                                                        7566



         1       contending that you're doing, that a school

         2       district has to use this money for property

         3       tax relief and nothing else?

         4                  SENATOR KLEIN:    Again, as I said,

         5       not all school districts have to use the money

         6       for property tax relief.  As I said, it was

         7       changed from the original plan, and that's why

         8       this is an amendment to the plan in the budget

         9       bill that was passed.  High-needs school

        10       districts have a choice to use the money for

        11       property tax relief or spend to restore

        12       services or cuts or anything they made in

        13       their budget.  It's all the other school

        14       districts that have to use it to lower the tax

        15       levy.

        16                  SENATOR FLANAGAN:    Mr. President,

        17       would Senator Klein continue to yield.

        18                  I'll go back to my question.  Show

        19       me the language --

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Let me ask him first if he'll yield, if you

        22       wouldn't mind, Senator Flanagan.

        23                  Senator Klein, will you yield for

        24       Senator Flanagan?

        25                  SENATOR KLEIN:    I'll be happy to



                      Candyco Transcription Service, Inc.
                                                        7567



         1       yield.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Flanagan.

         4                  SENATOR FLANAGAN:    Would you show

         5       us the language that says for those average

         6       and low-needs districts you can't use it for a

         7       dry appropriation, you can't use it for a

         8       reserve fund, the only thing you're allowed to

         9       use it for is property tax levy reduction?  I

        10       don't see that in the bill we passed

        11       originally.  I certainly don't see it in here.

        12       So could you show me where that language is?

        13                  SENATOR KLEIN:    Well, again,

        14       through you, Mr. President, presently school

        15       districts, again, cannot use the money for

        16       anything other than putting it in their

        17       reserve funds.  That's the way it would go

        18       now.

        19                  You need the Legislature to put in

        20       language to allow them to spend it or use it

        21       to reduce the tax levy.  That's what this

        22       legislation does.

        23                  SENATOR FLANAGAN:    Mr. President,

        24       would Senator Klein continue to yield.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7568



         1       Senator Klein, will you continue to yield?

         2                  SENATOR KLEIN:    I'll continue to

         3       yield.

         4                  SENATOR FLANAGAN:    Senator Klein,

         5       I understand what you're saying.  My problem

         6       is I don't see what you're saying in writing.

         7                  SENATOR KLEIN:    I don't have the

         8       original bill with me, but I do have the

         9       amended bill.

        10                  SENATOR FLANAGAN:    Well, I

        11       actually happen to have the original bill that

        12       we passed the other day.  And it actually --

        13       the differentiation is in relation to

        14       average-needs school districts.  It says in

        15       that that an average-needs district has to use

        16       at least 50 percent to reduce the property tax

        17       levy.  The other 50 percent they can use as a

        18       grant in aid.

        19                  So under your plan, 467 school

        20       districts do not have to -- in fact, all

        21       school districts do not have to use this money

        22       to reduce property taxes.  It doesn't say that

        23       specifically anywhere.  Unless you can show me

        24       specific language that would do that.

        25                  SENATOR KLEIN:    As I said,



                      Candyco Transcription Service, Inc.
                                                        7569



         1       Senator, we're repealing the language that was

         2       in the original budget bill that repealed the

         3       fifty-fifty language.  So it's right in the

         4       budget.  That's what we're doing with this

         5       amendment today.

         6                  So under the original plan when

         7       they had the choice to either use -- I'm

         8       sorry, not a choice, but 50 percent had to go

         9       to reduce the tax levy, the other 50 percent

        10       for restorations, we're removing that choice.

        11       And now it all goes to reduce the tax levy.

        12                  SENATOR FLANAGAN:    Mr. President,

        13       would Senator Klein continue to yield.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Klein, will you continue to yield?

        16                  SENATOR KLEIN:    Yes.

        17                  SENATOR FLANAGAN:    I don't want

        18       to belabor the point; I'll just make this one

        19       comment and ask you to respond to it.

        20                  By repealing that section of law

        21       that was passed the other day -- which was

        22       vetoed by the Governor -- by repealing that

        23       section, we are now basically going back, for

        24       two-thirds of the school districts in the

        25       State of New York, to what is existing law.



                      Candyco Transcription Service, Inc.
                                                        7570



         1       Under existing law school districts have the

         2       option of putting money into their reserve

         3       fund up to 4 percent or reducing the property

         4       tax levy.

         5                  You are not, you are not achieving

         6       the goal that you are intending to achieve

         7       because there is nothing specifically that

         8       says you can't use it for a reserve fund, you

         9       can't use it for a dry appropriation, it has

        10       to go to property tax relief.

        11                  In fact, the bill you passed the

        12       other day, the only area where it had to go to

        13       property tax relief was for average-needs

        14       school districts because you said specifically

        15       in the law that 50 percent had to go to

        16       property tax relief.  By repealing that,

        17       you've taken that dictate way --

        18                  SENATOR KLEIN:    Again -- again,

        19       we disagree on that, Senator Flanagan.  And

        20       again, you may disagree with me on the

        21       concept.  I personally believe that the way

        22       we're going to help taxpayers is not to give

        23       money to a school district and allow them to

        24       spend when they operated and actually I think

        25       in many cases tightened their belt.  And the



                      Candyco Transcription Service, Inc.
                                                        7571



         1       money that we're giving them has to be used

         2       for property tax relief.

         3                  So we can agree on the concept even

         4       though, according to my calculations, your

         5       Senate district, under this plan, based on the

         6       numbers that were passed in the Senate and the

         7       Assembly budget, received $8,404,000

         8       exclusively for property tax relief, because I

         9       don't think you have a high-needs school

        10       district.

        11                  SENATOR FLANAGAN:    Mr. President,

        12       would Senator Klein continue to yield.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Klein, do you continue to yield?

        15                  SENATOR KLEIN:    Yes,

        16       Mr. President.

        17                  SENATOR FLANAGAN:    Senator Klein,

        18       conceptually we are absolutely in sync.  But

        19       when we go back, we're going to have to deal

        20       with the reality of what the statute says.

        21       Not what we dialogue on, but rather what the

        22       statute says.

        23                  So conceptually I think it's a very

        24       important thing to direct school districts

        25       that if they get extra money, that the first



                      Candyco Transcription Service, Inc.
                                                        7572



         1       place it has to go -- not the last, but the

         2       first place --

         3                  SENATOR KLEIN:    And again,

         4       Senator Flanagan, I believe --

         5                  SENATOR FLANAGAN:    Excuse me.

         6       Senator Klein, please let me finish what I was

         7       saying.

         8                  SENATOR KLEIN:    -- that the

         9       statute says that it has to go into a reserve

        10       fund and they do not have the choice to use it

        11       to reduce the tax levy.

        12                  SENATOR FLANAGAN:    Senator Klein,

        13       let me finish my thought, please.

        14                  SENATOR KLEIN:    Okay.

        15                  SENATOR FLANAGAN:    Fundamentally

        16       we disagree on what the existing law is.  My

        17       understanding and interpretation of that law

        18       is that school districts have an option.  By

        19       not saying that it has to go to property tax

        20       relief first and second and third, you are not

        21       achieving that goal.

        22                  Now, you referenced my school

        23       districts, okay.  The number, to a degree, is

        24       irrelevant because there is no mandate that

        25       that money has to go to property tax relief.



                      Candyco Transcription Service, Inc.
                                                        7573



         1       You can describe it 17, 19, 21 different ways,

         2       but under existing law school districts do not

         3       have to apply it to property tax relief, they

         4       can use it in other ways.

         5                  So if the goal is to make sure that

         6       that is what is being done, then the language

         7       has to be reworked.

         8                  Thank you, Mr. President.

         9                  SENATOR KLEIN:    Again, through

        10       you -- I guess I'm responding to myself.  But

        11       through you, Mr. President, again, the present

        12       law exists that school districts do not have

        13       the ability to spend money unless the state

        14       gives them authorization to do that.  Right

        15       now, if we did absolutely nothing and restored

        16       school aid to school districts, it would sit

        17       in a reserve fund until next year.

        18                  This legislation, again, if you're

        19       a high-needs school district, the money can

        20       either be used to reduce the tax levy or for

        21       restorations.  Every other district would have

        22       to use it to reduce the tax levy, thus giving,

        23       I think, direly needed tax relief to residents

        24       around the State of New York.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7574



         1       Senator Saland, why do you rise?

         2                  SENATOR SALAND:    Would Senator

         3       Klein yield to a question.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Klein, will you yield for a question

         6       from Senator Saland?

         7                  SENATOR KLEIN:    Yes.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Saland.

        10                  SENATOR SALAND:    Senator Klein,

        11       so you are telling us that the existing law

        12       requires that in the case of the two

        13       classifications of schools that you've now

        14       identified as being either low-needs or

        15       average, existing law would require that

        16       exclusively of any of these dollars that would

        17       have otherwise come to them be used for

        18       purposes of their reserve funds?

        19                  SENATOR KLEIN:    Yes.  Unless we

        20       do something otherwise.

        21                  SENATOR SALAND:    Do you have any

        22       idea what the --

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Saland, do you wish Senator Klein to

        25       continue to yield?



                      Candyco Transcription Service, Inc.
                                                        7575



         1                  SENATOR SALAND:    Do you continue

         2       to yield?

         3                  SENATOR KLEIN:    I yield,

         4       Mr. President.

         5                  SENATOR SALAND:    Do you have any

         6       idea when the tax warrants go out for school

         7       districts?

         8                  SENATOR KLEIN:    September, I

         9       believe, Senator.

        10                  SENATOR SALAND:    Thank you.  No

        11       further questions.  On the bill.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       It was actually Senator Klein.  Are you

        14       completed with -- he was on the bill.

        15                  Okay, Senator Saland.

        16                  SENATOR SALAND:    With all due

        17       respect to Senator Klein, in fact, until those

        18       tax warrants are issued, under existing law

        19       those monies can be used either for one of two

        20       purposes.  Until the tax warrants are

        21       issued -- but not after -- they can be used to

        22       reduce taxes.  They also can be used for the

        23       reserve fund.  They are not used exclusively

        24       for the reserve fund.  That is the law.

        25                  Were we in September, Senator Klein



                      Candyco Transcription Service, Inc.
                                                        7576



         1       would be right.  But we're in July.  So those

         2       school districts still have an option.

         3                  So your low-needs school districts

         4       and your average-needs school districts can

         5       either use it for property tax relief, which

         6       would be a good thing, or, given the fact that

         7       many of them probably severely depleted their

         8       reserve funds because of the cuts they had to

         9       take -- and as I mentioned in a similar

        10       discourse I believe yesterday, I meet

        11       routinely with my school superintendents and I

        12       know I advise them to try to avoid depleting

        13       their reserve funds because next year was

        14       going to be worse than this year.  But

        15       nonetheless I'm sure in some instances they

        16       depleted them substantially, if not entirely.

        17                  That it may well be between now and

        18       September, or perhaps it may be even in August

        19       that the warrants go out -- those school

        20       districts, given these monies, may well opt,

        21       given the fact that many of them had already

        22       planned for the nightmarish budget by way of

        23       cuts that they were being hit with, to use

        24       those monies to fortify themselves for yet the

        25       onslaught of the next year's budget with its



                      Candyco Transcription Service, Inc.
                                                        7577



         1       anticipated $15 billion deficit.

         2                  So notwithstanding the certainty

         3       that we've been assured, the certainty

         4       conflicts with the existing law.  And, Senator

         5       Flanagan, I would -- and with all due respect

         6       to Senator Klein, Senator Flanagan has

         7       appropriately categorized the state of the

         8       existing law.

         9                  And Senator Klein would certainly

        10       be right if we were after the date for which

        11       the tax warrants could be issued.  But we are

        12       before that date, and a number of weeks, if

        13       not a month and a half or more away from that

        14       date.

        15                  Thank you, Mr. President.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Thank you, Senator Saland.

        18                  Senator Diaz.

        19                  SENATOR DIAZ:    Mr. President,

        20       would the sponsor yield for a question.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Klein, will you yield for a question

        23       from Senator Diaz?

        24                  SENATOR KLEIN:    Yes,

        25       Mr. President.



                      Candyco Transcription Service, Inc.
                                                        7578



         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Diaz.

         3                  SENATOR DIAZ:    Senator Klein, it

         4       is 1:00 a.m.  I'm 68 years old.  I'm almost

         5       sleepy.  My wife is waiting for me.

         6                  But if I understood you right,

         7       you're saying something about $8 million for

         8       the district of Senator Flanagan or something.

         9       What was that you said?

        10                  SENATOR KLEIN:    Eight million

        11       dollars in property tax relief, yes, Senator.

        12                  SENATOR DIAZ:    Could the sponsor

        13       yield.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Klein, will you continue to yield for

        16       Senator Diaz?

        17                  SENATOR KLEIN:    Yes,

        18       Mr. President.

        19                  SENATOR DIAZ:    What was that

        20       again?  Eight million dollars for what?

        21                  SENATOR KLEIN:    Over $8 million

        22       for property taxes.

        23                  SENATOR DIAZ:    To help which

        24       district?

        25                  SENATOR KLEIN:    It was Senator



                      Candyco Transcription Service, Inc.
                                                        7579



         1       Flanagan's district.

         2                  SENATOR DIAZ:    And what part of

         3       the state is that?

         4                  SENATOR KLEIN:    That's Suffolk

         5       County.

         6                  SENATOR DIAZ:    Would the sponsor

         7       yield for a question.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Klein, will you continue to yield for

        10       a question?

        11                  (Laughter.)

        12                  SENATOR KLEIN:    I'm Senator

        13       Klein.

        14                  (Laughter.)

        15                  SENATOR KLEIN:    Senator Klein

        16       would be happy to yield.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Diaz, he will.

        19                  SENATOR DIAZ:    So you're telling

        20       me, Senator Klein, that what we are doing

        21       tonight here will be helping Senator

        22       Flanagan's district by $8 million?

        23                  SENATOR KLEIN:    If indeed this

        24       does take effect and we eventually have our

        25       revenue and the restorations were made as was



                      Candyco Transcription Service, Inc.
                                                        7580



         1       done in the Assembly and Senate budget, yes.

         2                  SENATOR DIAZ:    Will the sponsor

         3       yield for one more question.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Klein, will you yield for one more

         6       question?

         7                  SENATOR KLEIN:    Yes,

         8       Mr. President.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Diaz.

        11                  SENATOR DIAZ:    So then if I

        12       understand, if you do something, Senator

        13       Klein, if you try and do something like that

        14       that would help my district, I would be

        15       praising you instead of complaining.

        16                  And I think that if that is true,

        17       what you say, that what we're doing now at

        18       1:00 a.m. in the morning, in the morning, will

        19       help Senator Flanagan's district, Senator

        20       Flanagan should be praising you.

        21                  SENATOR KLEIN:    Well, I guess we

        22       disagree on the implementation.  But I'm

        23       hopeful once we do pass our revenue bill and

        24       we have the final version of this chapter, we

        25       can make sure that property tax relief goes to



                      Candyco Transcription Service, Inc.
                                                        7581



         1       school districts outside of the Big Five that

         2       are not high-needs school districts that

         3       already passed their budgets.

         4                  SENATOR DIAZ:    Thank you,

         5       Mr. President.  Thank you, Senator.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator DeFrancisco.

         8                  SENATOR DeFRANCISCO:    I have a

         9       couple of questions hopefully to wrap this

        10       thing up because everyone's tired.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Klein, will you yield for a couple of

        13       questions from Senator DeFrancisco?

        14                  SENATOR KLEIN:    Yes, Mr.

        15       President.

        16                  SENATOR DeFRANCISCO:    It's

        17       1 o'clock.  And, Senator Klein, what we've

        18       gone through for the last 45 minutes or so on

        19       this bill, you can assure us that this is not

        20       an academic exercise, is that correct?

        21                  SENATOR KLEIN:    That's correct.

        22                  SENATOR DeFRANCISCO:    Okay.  And

        23       would you yield to another question.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Klein, do you continue to yield?



                      Candyco Transcription Service, Inc.
                                                        7582



         1                  SENATOR KLEIN:    Yes,

         2       Mr. President.

         3                  SENATOR DeFRANCISCO:    And it's

         4       not an academic exercise because it's a

         5       three-way agreement between the Governor, the

         6       Senate and the Assembly, correct?

         7                  SENATOR KLEIN:    Again, it's the

         8       Assembly, the Senate and the Governor signed

         9       off on this program as well.

        10                  SENATOR DeFRANCISCO:    And in

        11       order for this --

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Klein, do you wish to continue to

        14       yield for Senator DeFrancisco?

        15                  SENATOR KLEIN:    Yes,

        16       Mr. President.

        17                  SENATOR DeFRANCISCO:    In order

        18       for this to go into effect, there has to be

        19       the money that the Senate and Assembly

        20       restored to give back to the districts like

        21       Senator Diaz talked about; correct?

        22                  SENATOR KLEIN:    That is correct.

        23                  SENATOR DeFRANCISCO:    Okay.

        24       Would Senator Klein continue to yield.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



                      Candyco Transcription Service, Inc.
                                                        7583



         1       Senator Klein, will you continue to yield?

         2                  SENATOR KLEIN:    Yup.

         3                  SENATOR DeFRANCISCO:    Didn't the

         4       Governor veto the bills that gave the extra

         5       money?

         6                  SENATOR KLEIN:    Yes, he did.

         7                  SENATOR DeFRANCISCO:    Okay, one

         8       last --

         9                  SENATOR KLEIN:    But I want to

        10       continue on that.  Yes, he did.  But again,

        11       this is something that's an important

        12       proposal.  We want to get this proposal out

        13       now to make sure it's passed by the Assembly

        14       and make sure when budget negotiations do take

        15       place that this is part of the final product.

        16                  Because I want to make sure,

        17       Senator DeFrancisco, that when this goes into

        18       effect -- and again, under the numbers for

        19       education that was restored by the Assembly

        20       and the Senate, that your district can

        21       received $11,472,000 in property tax relief.

        22                  SENATOR DeFRANCISCO:    Would

        23       Senator Klein yield to another question.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Klein, will you continue to yield?



                      Candyco Transcription Service, Inc.
                                                        7584



         1                  SENATOR DeFRANCISCO:    Is this a

         2       scoop you're giving us today?  Has the

         3       Governor undone his veto so all this money

         4       goes back?

         5                  SENATOR KLEIN:    No, he has not.

         6                  SENATOR DeFRANCISCO:    On the

         7       bill, please.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator DeFrancisco, on the bill.

        10                  SENATOR DeFRANCISCO:    How could

        11       there be a three-way agreement if the essence

        12       of this bill, as Senator Diaz has spoken

        13       about, is to bring money back to the district

        14       and the money that's going back to the

        15       districts was vetoed by the Governor?

        16                  I would suggest, despite what

        17       Senator Klein says, that this is an academic

        18       exercise at 1 o'clock in the morning at a time

        19       when Senator Diaz's wife is waiting for him

        20       and is longing for him at this point in time.

        21                  (Laughter.)

        22                  SENATOR DeFRANCISCO:    So for

        23       those -- I'm going to vote no on this bill.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Are there any other Senators wishing to be



                      Candyco Transcription Service, Inc.
                                                        7585



         1       heard on the bill?

         2                  Hearing none -- Senator

         3       Schneiderman, why do you rise?

         4                  SENATOR SCHNEIDERMAN:    I'm

         5       cleaning my desk, Mr. President.

         6                  (Laughter.)

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Hearing no other Senators wishing to heard on

         9       the bill, debate is closed.  The Secretary

        10       will please ring the bell.

        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 Skelos, to explain his vote.

        19                  SENATOR SKELOS:    Thank you very

        20       much, Mr. President.

        21                  I listened with great interest.

        22       The word was used, "property tax relief,"

        23       probably about twenty times over a budget that

        24       the Governor has vetoed.  I'd just like to

        25       talk to you about -- I know, Senator



                      Candyco Transcription Service, Inc.
                                                        7586



         1       DeFrancisco, Senator Klein mentioned how your

         2       area would receive $11 million in real

         3       property tax relief.

         4                  But let me tell you what the

         5       different regions of the state have lost law

         6       of because of your elimination last year of

         7       the STAR rebate check.  Long Island,

         8       $368 million.  Hudson Valley, $305 million.

         9       New York City, $187 million.  Central New

        10       York, $177 million.  Western New York,

        11       $141 million.  Capital Region, $140 million.

        12       And Rochester, $130 million.

        13                  That's the tax discomfort that the

        14       Democrat Majority has imposed upon the

        15       hardworking people of the State of New York.

        16                  So please don't try to fool the

        17       people of the state that this is really tax

        18       relief when you've taken, last year, a billion

        19       and a half of property tax relief away from

        20       the people of the state and this year there

        21       will be another billion and a half in property

        22       tax relief taken away from the hardworking

        23       people of the State of New York.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Skelos, how do you vote?



                      Candyco Transcription Service, Inc.
                                                        7587



         1                  SENATOR SKELOS:    I vote no.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Skelos to be recorded in the negative.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    To explain my

         6       vote.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Klein, to explain his vote.

         9                  SENATOR KLEIN:    It's always a

        10       pleasure to hear a debate on property tax

        11       relief.  It's almost as if the other side of

        12       the aisle is afraid we actually might

        13       accomplish our pledge to give property tax

        14       relief I think in a fair way to New Yorkers

        15       even during this tough fiscal climate.

        16                  I think the other side of the

        17       aisle, if they want to get this plan and

        18       receive this money to their districts -- and

        19       the way we can do this is to override the

        20       Governor's veto.  Because if we override the

        21       Governor's veto, the money that we

        22       allocated -- meaning the Senate and Assembly

        23       joint budget plan -- would allocate

        24       $277 million in property tax relief.

        25                  And by the way, looking at the



                      Candyco Transcription Service, Inc.
                                                        7588



         1       numbers, most of that money goes to Republican

         2       districts, who tend to have school districts

         3       that are less high-needs and that actually

         4       would have money directly given to them

         5       through reduction of their tax levies.

         6                  So I'm hopeful at the end of the

         7       day this is something that can become a

         8       reality with bipartisan support, because I

         9       think the property taxpayers of New York State

        10       can't wait any longer.  And they don't want to

        11       see finger-pointing, they don't want to have

        12       members get up and blame and point fingers on

        13       how much money was lost, they want to see

        14       things accomplished.  And they want to see

        15       things accomplished now because they want

        16       property tax relief now.

        17                  I vote yes, Mr. President.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Klein to be recorded in the

        20       affirmative.

        21                  Announce the results.

        22                  THE SECRETARY:    Those recorded in

        23       the negative on Calendar Number 1292 are

        24       Senators Alesi, Bonacic, DeFrancisco, Farley,

        25       Flanagan, Fuschillo, Golden, Griffo,



                      Candyco Transcription Service, Inc.
                                                        7589



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

         2       Libous, Little, Marcellino, Maziarz, McDonald,

         3       Nozzolio, Padavan, Ranzenhofer, Robach,

         4       Saland, Seward, Skelos, Volker, Winner and

         5       Young.

         6                  Ayes, 33.  Nays, 28.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is passed.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Mr. President, is

        11       there any further business at the desk?

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Klein, the desk is clear.

        14                  SENATOR KLEIN:    There being no

        15       further business, Mr. President, to come

        16       before the Senate, I move that we adjourn

        17       until tomorrow at 10:00 a.m.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       There being no further business to come before

        20       the Senate, on motion, the Senate stands

        21       adjourned until 10:00 a.m. this morning,

        22       Thursday, July 1st.

        23                  (Whereupon, at 1:11 a.m., the

        24       Senate adjourned.)

        25



                      Candyco Transcription Service, Inc.