Regular Session - June 20, 2006

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 20, 2006

        11                       1:08 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25


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

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    With us this

        10       afternoon to give the invocation is Pastor

        11       Brian K. Norman, from Adirondack Baptist

        12       Church in Gloversville, New York.

        13                  PASTOR NORMAN:    Our Heavenly

        14       Father, we thank You for the privilege that

        15       You've given us today to come here and to be

        16       representatives of this great State of

        17       New York.

        18                  Father, we thank You for the

        19       privilege of understanding the biblical values

        20       that we have in Your word so that we might be

        21       able to govern this great state.

        22                  Father, I pray for this Senate.

        23       Lord, I pray that You would give much wisdom,

        24       give discernment.  Father, That You would give

        25       understanding concerning the laws of our land


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         1       and, Father, concerning those things which

         2       will make this state a better state.

         3                  And Father, we will thank You and

         4       praise You for it.  Thank You again for this

         5       time.  In Jesus' name we pray.

         6                  Amen.

         7                  THE PRESIDENT:    Reading of the

         8       Journal.

         9                  THE SECRETARY:    In Senate,

        10       Monday, June 19, the Senate met pursuant to

        11       adjournment.  The Journal of Sunday, June 18,

        12       was read and approved.  On motion, Senate

        13       adjourned.

        14                  THE PRESIDENT:    Without

        15       objection, the Journal stands approved as

        16       read.

        17                  Presentation of petitions.

        18                  Messages from the Assembly.

        19                  Messages from the Governor.

        20                  Reports of standing committees.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Senator Bruno,

        23       from the Committee on Rules, reports the

        24       following bills:

        25                  Senate Print 44C, by Senator


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         1       DeFrancisco, an act to amend the Real Property

         2       Law;

         3                  545, by Senator Padavan, an act to

         4       amend the Penal Law;

         5                  784B, by Senator Fuschillo, an act

         6       to amend the Insurance Law;

         7                  2181A, by Senator Padavan, an act

         8       to amend the General Business Law;

         9                  2319, by Senator Meier, an act to

        10       amend the Tax Law;

        11                  3484A, by Senator Padavan, an act

        12       to amend the Administrative Code of the City

        13       of New York;

        14                  3912A, by Senator Volker, an act to

        15       amend the Civil Practice Law and Rules;

        16                  3978A, by Senator Alesi, an act to

        17       amend the Civil Practice Law and Rules;

        18                  4744A, by Senator Farley, an act to

        19       amend the Banking Law;

        20                  5041A, by Senator Leibell, an act

        21       to amend the Criminal Procedure Law;

        22                  5517C, by Senator Johnson, an act

        23       to amend the Vehicle and Traffic Law;

        24                  5656E, by Senator Spano, an act to

        25       amend the Public Health Law;


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         1                  5675A, by Senator Wright, an act to

         2       amend the Energy Law;

         3                  5908B, by Senator Rath, an act to

         4       amend the Public Health Law;

         5                  5934A, by Senator Montgomery, an

         6       act to amend the General Business Law;

         7                  6709, by Senator DeFrancisco, an

         8       act to amend the Vehicle and Traffic Law;

         9                  6919, by Senator Alesi, an act in

        10       relation to redistributing;

        11                  7190, by Senator Padavan, an act to

        12       amend the Real Property Tax Law;

        13                  7199A, by Senator Wright, an act to

        14       amend the General Municipal Law;

        15                  7230A, by Senator Skelos, an act to

        16       amend the Public Authorities Law;

        17                  7381B, by Senator Skelos, an act to

        18       amend the Education Law;

        19                  7444B, by Senator Oppenheimer, an

        20       act to amend Chapter 654 of the Laws of 1927;

        21                  7491A, by Senator Hannon, an act to

        22       authorize;

        23                  7501, by Senator Saland, an act to

        24       amend the Education Law;

        25                  7559A, by Senator Young, an act to


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         1       amend the Agriculture and Markets Law;

         2                  7636A, by Senator Winner, an act to

         3       amend the Environmental Conservation Law;

         4                  7660A, by Senator Meier, an act to

         5       amend the Social Services Law;

         6                  7666, by Senator Maltese, an act to

         7       amend the Public Authorities Law;

         8                  7674A, by Senator LaValle, an act

         9       to authorize;

        10                  7818C, by Senator Spano, an act to

        11       amend the Education Law;

        12                  7889, by Senator Meier, an act to

        13       amend the Penal Law and others;

        14                  7893, by Senator Balboni, an act to

        15       amend the Penal Law;

        16                  7942B, by Senator Wright, an act in

        17       relation to authorizing;

        18                  7968A, by Senator Meier, an act to

        19       amend the Highway Law;

        20                  7970, by Senator Marchi, an act to

        21       amend the Real Property Tax Law;

        22                  7983, by Senator Volker, an act to

        23       amend the Alcoholic Beverage Control Law;

        24                  8005A, by Senator Bonacic, an act

        25       to amend the Private Housing Finance Law;


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         1                  8083, by Senator Johnson, an act to

         2       amend the Tax Law;

         3                  8085, by Senator Johnson, an act to

         4       amend the Tax Law;

         5                  8124, by Senator Fuschillo, an act

         6       to amend the General Business Law;

         7                  8144, by Senator Leibell, an act to

         8       amend the Public Authorities Law;

         9                  8145, by Senator Hannon, an act to

        10       amend the New York City Medical Care

        11       Facilities Finance Agency Act;

        12                  8164, by Senator Little, an act to

        13       legalize;

        14                  8171A, by Senator Saland, an act to

        15       amend the Education Law;

        16                  8177A, by the Senate Committee on

        17       Rules, an act to amend Chapter 509 of the Laws

        18       of 2003;

        19                  8182A, by Senator Marcellino, an

        20       act to amend the Environmental Conservation

        21       Law;

        22                  8190, by Senator Libous, an act to

        23       amend the Racing, Pari-Mutuel Wagering and

        24       Breeding Law;

        25                  8196, by Senator Flanagan, an act


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         1       to amend the State Administrative Procedure

         2       Act;

         3                  8205, by Senator Bruno, an act to

         4       amend the Highway Law;

         5                  8231, by Senator Johnson, an act to

         6       amend the Civil Practice Law and Rules;

         7                  8246, by Senator Bruno, an act

         8       authorizing;

         9                  And Senate Print 8323, by Senator

        10       Hannon, an act to amend the Public Authorities

        11       Law.

        12                  All bills ordered direct to third

        13       reading.

        14                  THE PRESIDENT:    Senator

        15       Fuschillo.

        16                  SENATOR FUSCHILLO:    Move to

        17       accept the report of the Rules Committee.

        18                  THE PRESIDENT:    All in favor

        19       please signify by saying aye.

        20                  (Response of "Aye.")

        21                  THE PRESIDENT:    Opposed, nay.

        22                  (No response.)

        23                  THE PRESIDENT:    The report is

        24       accepted.

        25                  The Secretary will read.


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         1                  THE SECRETARY:    Senator Johnson,

         2       from the Committee on Finance, reports the

         3       following bills:

         4                  Senate Print 8295, by Senator

         5       Spano, an act to amend the Civil Service Law;

         6                  Senate Print 8296, by Senator

         7       DeFrancisco, an act relating to an impasse;

         8                  And Senate Print 8381, by Senator

         9       Padavan, an act to amend the Education Law.

        10                  All bills ordered direct to third

        11       reading.

        12                  THE PRESIDENT:    All bills ordered

        13       direct to third reading.

        14                  The Secretary will continue to

        15       read.

        16                  THE SECRETARY:    Senator Johnson,

        17       from the Committee on Finance, reports the

        18       following nominations.

        19                  As a member of the Board of

        20       Trustees of the City University of New York,

        21       Benno C. Schmidt, Jr., of Riverdale.

        22                  As a member of the Adirondack Park

        23       Agency, Cecil Wray, Esquire, of New York City.

        24                  As a member of the Metropolitan

        25       Transportation Authority, Andrew Saul, of


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         1       Katonah.

         2                  As director of the State of New

         3       York Mortgage Agency, Joseph Strasburg,

         4       Esquire, of Staten Island.

         5                  As a member of the New York Job

         6       Development Authority, Nicholas Yunis, of

         7       Elmira.

         8                  As a member of the New York State

         9       Energy Research and Development Authority,

        10       George Akel, Jr., of Binghamton.

        11                  As a member of the Ogdensburg

        12       Bridge and Port Authority, Mary M. Farley,

        13       Esquire, of Gouverneur.

        14                  As a member of the Port Authority

        15       of New York and New Jersey, Charles A.

        16       Gargano, of New York City.

        17                  As member of the Port of Oswego

        18       Authority, Robert B. Burtch, Jr., of Oswego.

        19                  As trustees of the Power Authority

        20       of the State of New York, Frank S. McCullough,

        21       Jr., Esquire, of Rye; Joseph J. Seymour, of

        22       Bethlehem Center; and Michael J. Townsend,

        23       Esquire, of Fairport.

        24                  As a member of the Small Business

        25       Advisory Board, Steven J. Sunshine, of


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         1       Williamsville.

         2                  As a member of the Board of

         3       Directors of the Great Lakes Protection Fund,

         4       Matthew J. Millea, of Clifton Park.

         5                  As a public member of the State

         6       Banking Board, James E. Higgins, of New York

         7       City.

         8                  As a member of the State Board for

         9       Historic Preservation, Christina R. Davis, of

        10       New York City.

        11                  As a member of the Board of

        12       Trustees of Cornell University, Edward V.K.

        13       Cunningham, Jr., of LaGrangeville.

        14                  As a member of the Albany Pine Bush

        15       Preserve Commission, Aaron Mair, of Rotterdam.

        16                  As members of the Empire State

        17       Plaza Art Commission, Christine M. Benedict,

        18       of Albany; Jonathan Dale Farkas, of New York

        19       City; and Hilary Dunne Ferrone, of

        20       Spencertown.

        21                  As a member of the Central New York

        22       State Park, Recreation and Historic

        23       Preservation Commission, Fred L. Reuter, of

        24       Ohio.

        25                  As a member of the Finger Lakes


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         1       State Park, Recreation and Historic

         2       Preservation Commission, Carol C. Reeves, of

         3       Ithaca.

         4                  As a member of the Genesee State

         5       Park, Recreation and Historic Preservation

         6       Commission, Peter G. Humphrey, of Warsaw.

         7                  As a member of the Long Island

         8       State Park, Recreation and Historic

         9       Preservation Commission, Anthony J. Bonomo,

        10       Esquire, of Manhasset.

        11                  As a member of the Niagara Frontier

        12       State Park, Recreation and Historic

        13       Preservation Commission, Harvey N. Albond, of

        14       Niagara Falls.

        15                  As a member of the Taconic State

        16       Park, Recreation and Historic Preservation

        17       Commission, Arthur L. Gellert, of

        18       Poughkeepsie.

        19                  As members of the Fire Fighting and

        20       Code Enforcement Personnel Standards and

        21       Education Commission, Peter A. Caruso, of

        22       Utica; Bruce E. Heberer, of Johnstown; and

        23       Leon Szczerbinski, of North Tonawanda.

        24                  As a member of the Interstate

        25       Environmental Commission, Gerard Kassar, of


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         1       Brooklyn.

         2                  As a member of the State Athletic

         3       Commission, Marc B. Cornstein, of New York

         4       City.

         5                  As members of the State Commission

         6       on Quality of Care and Advocacy for Persons

         7       with Disabilities, Bruce G. Blower, of

         8       Huntington Station; Gary O'Brien, of Latham;

         9       and Patricia M. Okoniewski, of Fulton.

        10                  As a member of the Veterans'

        11       Affairs Commission, Terry J. Bresina, of

        12       Norwich.

        13                  As members of the Medical Advisory

        14       Committee, Steven E. Barnes, of Silver Creek,

        15       and Russell Nicholas Ake Cecil, M.D., of

        16       Amsterdam.

        17                  As members of the Board of

        18       Directors of the New York Convention Center

        19       Operating Corporation, David M. Schwartz, of

        20       Brooklyn, and James Whelan, of Bellerose.

        21                  As a member of the Board of

        22       Trustees of the New York Higher Education

        23       Services Corporation, Angela Van Dekker, of

        24       Hastings-on-Hudson.

        25                  As director of the New York State


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         1       Environmental Facilities Corporation, Lawrence

         2       F. DiGiovanna, Esquire, of Breezy Point.

         3                  As members of the Advisory Council

         4       on Agriculture, Leslie Cole, Jr., of Livonia;

         5       Joy D. Crist, of Walden; Daniel W. Sievert, of

         6       Burt; and James L. Vincent, of Byron.

         7                  As members of the State Council on

         8       the Arts, Betty Levin, of New York City; Linda

         9       E. Mondello, of Oyster Bay; and Dennis M.

        10       Penman, of Amherst.

        11                  As members of the Continuing Care

        12       Retirement Community Council, Robert M. Chur,

        13       of Clarence, and Edward C. Weeks, of Buffalo.

        14                  As a member of the Mental Health

        15       Services Council, Kathleen Coyne Plum, Ph.D.,

        16       of Mumford.

        17                  As a member of the Minority Health

        18       Council, Richard G. Younge, M.D., of White

        19       Plains.

        20                  As members of the Passenger Tramway

        21       Advisory Council, Gerald R. Fielding, of

        22       Monticello; Daniel Frank, of Windham; and

        23       James R. Ruhl, Ph.D., of Ballston Lake.

        24                  As members of the Public Health

        25       Council, Robert W. Hurlbut, of Rochester, and


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         1       William F. Streck, M.D., of Cooperstown.

         2                  As members of the State Hospital

         3       Review and Planning Council, Frederick B.

         4       Cohen, Esquire, of Buffalo; Ingrid Jiminez, of

         5       Flushing; James X. Kennedy, of Geneva; Joyce

         6       A. Salimeno, of Rock Hill; and Lucille K.

         7       Sheedy, of Lockport.

         8                  As a member of the State Insurance

         9       Fund, Charles L. Loiodice, of Woodbury.

        10                  As a member of the Board of

        11       Visitors of the New York State Home for

        12       Veterans and their Dependents at Batavia,

        13       Linda M. Janelli, of Amherst.

        14                  As members of the Board of Visitors

        15       of the Broome Developmental Disabilities

        16       Services Office, Kathryn Paddock, of

        17       Binghamton, and Luella Rogers, of Walton.

        18                  As a member of the Board of

        19       Visitors of the Buffalo Psychiatric Center,

        20       Lisa Michaelsen, of Lockport.

        21                  As members of the Board of Visitors

        22       of the Capital District Developmental

        23       Disabilities Services Office, Cheryl A.

        24       Walther, of Hudson Falls, and Patricia K.

        25       Wright, of Waterford.


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         1                  As a member of the Board of

         2       Visitors of the Creedmoor Psychiatric Center,

         3       Judy Grubin, of Jackson Heights.

         4                  As members of the Board of Visitors

         5       of the Finger Lakes Developmental Disabilities

         6       Services Office, Mary Hope Derby, of Geneseo,

         7       and Quentin J. Masolotte, of Dansville.

         8                  As a member of the Board of

         9       Visitors of the Metro New York Developmental

        10       Disabilities Services Office, Josephine

        11       Maldonado, of the Bronx.

        12                  As a member of the Board of

        13       Visitors of the New York State Home for

        14       Veterans and their Dependents at Montrose,

        15       Mary Edith Meeks, of Beacon.

        16                  As a member of the Board of

        17       Visitors of the New York State Home for

        18       Veterans and Their Dependents at Oxford, Mary

        19       Smack, of Binghamton.

        20                  As a member of the Board of

        21       Visitors of the Rockland Psychiatric Center,

        22       Nunzio Pomara, M.D., of Rye Brook.

        23                  As a member of the Board of

        24       Visitors of the Rockland Children's

        25       Psychiatric Center, Eugene P. McMahon, Ed.D.,


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         1       of Pearl River.

         2                  As a member of the Board of

         3       Visitors of the St. Lawrence Psychiatric

         4       Center, Bonnie Barkley, of Ogdensburg.

         5                  As members of the Board of Visitors

         6       of the Sunmount Developmental Disabilities

         7       Services Office, William R. Cuthbert, of

         8       Potsdam; Dawn P. Lavigne, of Massena; and

         9       Carolyn Smith, of Messina.

        10                  As members of the Board of Visitors

        11       of the Taconic Developmental Disabilities

        12       Services Office, Joan E. Klink, of Fishkill;

        13       Ronald S. Lehrer, of Poughkeepsie; and Ralph

        14       Vinichiarello, of Wassaic.

        15                  As a member of the Board of

        16       Visitors of the Western New York Developmental

        17       Disabilities Services Office, Penny F.

        18       Zeplowitz, of Williamsville.

        19                  And as a member and chairman of the

        20       Metropolitan Transportation Authority, Peter

        21       S. Kalikow, of New York City.

        22                  THE PRESIDENT:    Senator Johnson.

        23                  SENATOR JOHNSON:    Move the

        24       nominations.

        25                  THE PRESIDENT:    All in favor of


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         1       the nominations as read by the Secretary

         2       please indicate by saying aye.

         3                  (Response of "Aye.")

         4                  THE PRESIDENT:    Opposed, nay.

         5                  (Response of "Nay.")

         6                  SENATOR HASSELL-THOMPSON:    Point

         7       of order, Madam President.

         8                  THE PRESIDENT:    Senator

         9       Hassell-Thompson.

        10                  SENATOR HASSELL-THOMPSON:    Yes.

        11       Is Mr. Kalikow's appointment on the floor?

        12                  THE PRESIDENT:    Yes, it is,

        13       Senator.

        14                  SENATOR HASSELL-THOMPSON:    There

        15       are some members who would like to be heard on

        16       Mr. Kalikow's nomination.

        17                  THE PRESIDENT:    If they will so

        18       indicate.

        19                  SENATOR HASSELL-THOMPSON:    While

        20       I'm standing, Madam President, I would like to

        21       vote no on Joseph Strasburg.

        22                  THE PRESIDENT:    The record will

        23       so reflect your vote, Senator.

        24                  SENATOR HASSELL-THOMPSON:    Thank

        25       you, Madam President.


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         1                  THE PRESIDENT:    Senator Ada

         2       Smith.

         3                  SENATOR ADA SMITH:    Thank you,

         4       Madam President.

         5                  I will be voting no on all

         6       nominations that have a term that expires

         7       after 2008, because I do not feel that it is

         8       appropriate for the Governor to put people

         9       into office that will go long after his term

        10       of office.

        11                  And the only ones that I will be

        12       voting yes on that have terms past that limit

        13       are the Boards of Visitors.

        14                  Thank you.

        15                  THE PRESIDENT:    The record will

        16       so reflect your vote, Senator Ada Smith.

        17                  Senator Montgomery.

        18                  SENATOR MONTGOMERY:    Yes, Madam

        19       President, I would like the record to show

        20       that I am voting no.

        21                  I would like to be recorded in the

        22       negative because I too, like Senator Smith,

        23       find it just unreasonable that many of these

        24       appointments go out six, seven and more years.

        25       In fact, they go out further than the term of


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         1       office of the next governor.  And

         2       notwithstanding who that may be -- it may be

         3       Faso, it may be Suozzi, it may be Spitzer --

         4       whoever it is, we are now putting in place a

         5       government that will go beyond that

         6       administration.

         7                  I think that is unfair and

         8       unreasonable.  We should not be doing that.

         9       And so I'm going to vote no on this list of

        10       nominees.

        11                  THE PRESIDENT:    The record will

        12       so reflect your vote, Senator.

        13                  SENATOR MARCELLINO:    Madam

        14       President.

        15                  THE PRESIDENT:    Senator

        16       Marcellino.

        17                  SENATOR MARCELLINO:    I think the

        18       record should reflect that this kind of

        19       appointment or the appointments being done now

        20       and the fact that they will extend beyond the

        21       Governor's term is not an atypical thing that

        22       has happened just unique to the Pataki

        23       administration.  It happened under Mario Cuomo

        24       before him and under governors before that.

        25                  This is not new.  This has gone on


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         1       for many, many governors as they pass and make

         2       appointments.  So I don't know if the outrage

         3       was here when Mario did the same thing when he

         4       left office.

         5                  I'll be voting aye on all the

         6       appointments.

         7                  THE PRESIDENT:    And the record

         8       will so reflect your vote, Senator Marcellino.

         9                  Senator Farley.

        10                  SENATOR FARLEY:    Thank you, Madam

        11       President.  I rise to support all the

        12       nominees.

        13                  But I want to speak at least on

        14       one, Ron Rabinowitz, who is the chairman of

        15       our State Athletic Commission, boxing

        16       commissioner, better known professionally as

        17       Ron Stevens.  And also known, I think,

        18       throughout the United States as one of the

        19       finest boxing commissioners there is in the

        20       country.

        21                  He has raised the status of boxing

        22       in New York State to a level that is truly

        23       respected nationally.  He's a personal friend

        24       of mine and a personal friend of Senator

        25       Bruno, who's an undefeated boxer, and one that


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         1       I know that Ron Rabinowitz, Esquire -- as I

         2       said, who's better known as Ron Stevens -- his

         3       appointment does go through '09.  I wish it

         4       went on a lot longer.

         5                  But he certainly is a credit not

         6       only to New York State but to our reputation

         7       for an industry that is a huge tourist

         8       attraction and one that he's given a lot of

         9       time and effort to.

        10                  And moving on on this huge list,

        11       I've got a number of constituents, but Gary

        12       O'Brien is also, I see, up there, from the

        13       Commission on Quality of Care, and I'd like to

        14       say what a fine job he's done with the

        15       Commission on Quality of Care.

        16                  Ron Rabinowitz I believe has been

        17       nominated already, has he not?  No?  Not yet?

        18       Well, all the words I've said about Ron

        19       Stevens, Ron Rabinowitz will have to go into

        20       the record for when he's nominated.

        21                  Thank you very much.

        22                  THE PRESIDENT:    Thank you,

        23       Senator Farley.

        24                  Senator Ada Smith.

        25                  SENATOR ADA SMITH:    Thank you,


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         1       Madam President.

         2                  To correct the record, Mario Cuomo

         3       was not -- did not have the ability to appoint

         4       the last few days of session, because he had

         5       no idea that he would be leaving office.

         6                  Therefore, please correct the

         7       record to make it stand.

         8                  THE PRESIDENT:    Senator Gonzalez.

         9                  SENATOR GONZALEZ:    Thank you,

        10       Madam President.

        11                  While we're supporting the -- I'm

        12       supporting the nominees, I would take note

        13       that those as they go beyond the new term will

        14       consider that they serve at the pleasure of

        15       the next governor, whoever that may be.

        16                  However, even with that support, I

        17       have some group that is witnessing this here

        18       from the Bronx, PS 66, and they're the future

        19       of whatever we're deciding here.  And they

        20       happen to be witnessing, and I'm glad that I

        21       have this opportunity while I'm supporting the

        22       nominations that I recognize PS 66.

        23                  Thank you.

        24                  THE PRESIDENT:    Senator Morahan.

        25                  SENATOR MORAHAN:    Thank you,


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         1       Madam President.

         2                  I too rise in support of the

         3       nominations, in particular Dr. Edward McMahon

         4       for the Rockland Psychiatric Center Board of

         5       Visitors.

         6                  But as to the point raised by some

         7       of my colleagues as to the length and the

         8       appropriateness of making appointments with an

         9       outgoing governor, let me just point out that

        10       these terms would go even beyond the new

        11       governor who comes in here January 1st,

        12       Governor Faso.

        13                  So I tend to think that it's

        14       designed that way so that governors won't have

        15       supercontrol over those agencies or those

        16       appointees, because they are generally beyond

        17       any governor's term.  Even those that are

        18       being appointed today will go beyond the next

        19       governor's terms, unless there's a dynasty

        20       where the person is elected three or four

        21       times.

        22                  So that's by design that those

        23       appointments go beyond the gubernatorial

        24       nominations and this confirmation process, so

        25       they will not be under the control or the


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         1       influence of anyone and that they can do the

         2       job with their best will, their best effort,

         3       and free of any political pressure.

         4                  Thank you, Madam President.

         5                  THE PRESIDENT:    Senator Maltese.

         6                  SENATOR MALTESE:    Madam

         7       President, I rise in favor of all the nominees

         8       and wish to comment that, aside from the

         9       objection of some of my esteemed colleagues as

        10       to the length of the terms, this is set forth

        11       in the constitution and this is something that

        12       assures the continuity of government for both

        13       parties and is something I think that should

        14       be lauded rather than criticized.

        15                  I rise especially to commend the

        16       Governor on his nomination of Peter Kalikow as

        17       chairman of the Metropolitan Transportation

        18       Authority.  Earlier today I had the privilege

        19       of being at the hearing held by the Finance

        20       Committee for Mr. Kalikow.

        21                  As a majority member representing a

        22       portion of the City of New York, I deal on an

        23       almost daily basis with the transit system,

        24       the Metropolitan Transportation Authority --

        25       buses, subways bridges -- and do want to


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         1       commend Mr. Kalikow on his expert stewardship.

         2       The fact that 9/11 passed without a single

         3       fatality, and the evacuation of the subway

         4       systems despite difficulties with

         5       communication were handled so efficiently.

         6                  But I think, even in addition to

         7       that, the fact that we in Queens County have

         8       passed through a period where private lines

         9       were taken over by the Metropolitan

        10       Transportation Authority and the fact that

        11       this was done with a minimum of complaints.

        12                  But I think more important for my

        13       constituents and the constituents in the City

        14       of New York is the fact that we can readily

        15       reach officials, high officials, reaching

        16       right up to Mr. Kalikow, when we have

        17       difficulties or problems.  And I must say that

        18       they proceed very quickly to alleviate or

        19       correct problems that we have.  And I think

        20       this is laudatory.

        21                  I also want to commend a steward

        22       who has led a system with over 70,000

        23       employees, a system involving billions and

        24       billions of dollars through a period that has

        25       never taken place before in the history of the


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         1       city, where equipment is literally being

         2       replaced en masse and almost completely.  And

         3       I think this is done with an eye toward

         4       economy, an eye toward efficiency, and done as

         5       expeditiously and as efficiently as possible.

         6                  So I rise to commend the Governor

         7       for his appointment and to commend Mr. Kalikow

         8       for what he has achieved thus far and

         9       hopefully will achieve in the future.

        10                  I vote aye.

        11                  THE PRESIDENT:    Senator LaValle.

        12                  SENATOR LaVALLE:    Thank you,

        13       Madam President.

        14                  I rise also to compliment the

        15       Governor on the nominees.  The nominees in

        16       higher education were excellent and went

        17       through the Higher Ed Committee with unanimous

        18       approval.

        19                  But I rise here today to speak on

        20       the nomination of Peter Kalikow, as did

        21       Senator Maltese.

        22                  And this nominee is truly one of

        23       the great leaders that we've had in the

        24       position as chairman of the Metropolitan

        25       Transportation Authority.  He has shown


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         1       leadership after the 9/11 crisis.  He has

         2       shown that the monies that have been raised

         3       for capital in improving the system have been

         4       used.  Legislation that we passed on public

         5       authorities, the MTA was one of the first

         6       authorities to move forward towards greater

         7       transparency, establishing a code of ethics.

         8       And you could go on and on and on.

         9                  But one of the things that I think

        10       I was really touched when Chairman Kalikow

        11       appeared before the Finance Committee was the

        12       fact that he talked about not only the

        13       accomplishments but those things that needed a

        14       greater effort to accomplish the goal.  And

        15       also his commitment to the employees, the

        16       70-plus-thousand people that work for the MTA.

        17                  So I think he is a true leader and

        18       we are very fortunate to have him in his

        19       capacity.

        20                  Thank you, Madam Chairman.

        21                  THE PRESIDENT:    Senator Skelos.

        22                  SENATOR SKELOS:    Thank you, Madam

        23       President.

        24                  I join and congratulate the

        25       Governor in renominating Peter Kalikow as


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         1       chairman of the MTA.

         2                  Serving on the MTA Capital Review

         3       Board, I've had the pleasure to work with

         4       Chairman Kalikow on so many critical

         5       mass-transportation issues, whether it's for

         6       the subway system, the Metro North, or the

         7       Long Island Railroad.

         8                  And I think we've seen under his

         9       tenure, and quite frankly under all the

        10       chairmen appointed by Governor Pataki,

        11       tremendous understanding of the need for

        12       improving the infrastructure of our

        13       mass-transportation system in the downstate

        14       region and also an understanding that service

        15       is critically important for all, because this

        16       is a matter of quality of life.

        17                  We've had our disagreements at

        18       times, but at no time can I say that Chairman

        19       Kalikow has shut me down and not listened to

        20       what my opinion has been.  We've agreed

        21       sometimes, we've disagreed sometimes, but

        22       that's healthy.  Because I believe that in the

        23       end, for the ridership, whether it's on the

        24       rails or the subway system in the city or our

        25       bus system, that there's been tremendous


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         1       amount of progress, and I'm hopeful through

         2       his continued tenure.

         3                  And I think it's important that he

         4       stay on as chairman so that many of these

         5       projects will be seen through with his

         6       experience and knowledge to make sure our

         7       transit system, which was neglected for years

         8       many years ago, will not be neglected in the

         9       future and that we will have a

        10       state-of-the-art mass transit system, whether

        11       it's Long Island, Metro North, or the subway

        12       system, but also a secure, a secure system.

        13                  And I know that Chairman Kalikow

        14       has been deeply involved in this, in making

        15       sure that our constituents, those who ride the

        16       subways, those who ride the trains who are so

        17       dependent upon it will be riding in a secure

        18       system.

        19                  So this is not a time for change.

        20       This is a time for the continued steady

        21       leadership of Chairman Kalikow.  So I'm

        22       honored to be supportive of his renomination.

        23                  THE PRESIDENT:    Senator

        24       Hassell-Thompson.

        25                  SENATOR HASSELL-THOMPSON:    Thank


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         1       you, Madam President.

         2                  On behalf of Senator David

         3       Paterson, I have been asked to register a no

         4       vote on all of the candidates.

         5                  THE PRESIDENT:    The record will

         6       so reflect.

         7                  SENATOR HASSELL-THOMPSON:    Thank

         8       you, Madam President.

         9                  THE PRESIDENT:    Senator Larkin.

        10                  SENATOR LARKIN:    Madam President,

        11       thank you.

        12                  I just witnessed what I consider a

        13       disgrace.  I looked at all of these candidates

        14       and many of these candidates are in positions

        15       of trust, responsibility, and commitment.

        16       They serve, many without any remuneration, and

        17       the remuneration they get is trying to make

        18       something happen in our great state, something

        19       that will be of benefit to all the residents

        20       of this state.

        21                  And to just arbitrarily say we

        22       don't want them -- where were all the votes,

        23       where were all the people talking about these

        24       individuals since their names first arose for

        25       nomination?  What message do we say to those


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         1       individuals coming down the line?

         2                  And everybody worrying about a next

         3       governor -- why don't we worry about today?

         4       Maybe we ought to take a step back in life and

         5       realize that on Sunday it will be 56 years

         6       since North Korea invaded South Korea, and

         7       many young Americans -- here we have an

         8       opportunity to see democracy in action,

         9       because people came forward, said yes, you

        10       want me, I'll serve.

        11                  But what are we are saying to the

        12       next group?  Don't be a fool and apply to do

        13       that, because they're going to tar and feather

        14       you?  For what?  Because you're a good

        15       citizen?  Because you're a business?  Because

        16       you're a judge or a lawyer or what you might

        17       be?

        18                  For me, I say thank you very much.

        19       I appreciate the fact that many of you have

        20       come here to witness your confirmation and

        21       you'll walk out of here with the thought of

        22       that's pretty darn nice, somebody stands up

        23       and says none of you are any good.

        24                  I don't believe that.  I thank you

        25       for your service.  And I will vote yes.


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         1                  THE PRESIDENT:    The question now

         2       is on the confirmation of all the nominees

         3       as -- Senator Krueger would like to be heard

         4       first.

         5                  Senator Krueger.

         6                  SENATOR LIZ KRUEGER:    Thank you,

         7       Madam President.

         8                  I rise to clarify that there are

         9       several nominees that I will be voting no for

        10       and the reasons why.

        11                  I will be voting no for

        12       Mr. Kalikow, not out of lack of respect for

        13       the work that he does.  But in committee, when

        14       the question was asked "If the next governor

        15       asks you to step down as the chair of the MTA,

        16       will you?" his answer was no.

        17                  And while I respect the importance

        18       of independence of people who are appointed to

        19       boards, I frankly think that there has been so

        20       much information out there on the need to

        21       reform our public authorities, on the need to

        22       find a new path for many of our authorities,

        23       to hold them more accountable, that it is

        24       critical that the new governor, whoever they

        25       may be, has the ability to choose to change


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         1       leadership of such critical public authorities

         2       as the MTA.

         3                  And the new governor, whoever they

         4       are, may choose not to ask for a resignation

         5       of any given chair of a public authority.  But

         6       I was not comfortable with that answer, and so

         7       I will be voting no on Mr. Kalikow.

         8                  I will also be voting no on

         9       Mr. Strasburg for the chairperson of SONYMA,

        10       because for the record -- and I have written

        11       this in a letter to the Governor -- I do not

        12       believe that paid registered lobbyists should

        13       serve on public authority boards whether or

        14       not they are paid in that position.

        15                  And I believe that the Governor's

        16       own Millstein Commission report that came out

        17       just about a month ago concluded the same

        18       analysis, that the rules of New York State

        19       should be clarified and that if you are a paid

        20       registered lobbyist, which is a valuable and

        21       important job, you should not also be making

        22       decisions on public authority boards about how

        23       the state's money is being used.

        24                  I will also be voting no on the

        25       renomination of Mr. Gargano to the Port


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         1       Authority of New York and New Jersey.

         2                  Thank you, Madam President.

         3                  THE PRESIDENT:    Senator Savino.

         4                  SENATOR SAVINO:    Thank you, Madam

         5       President.

         6                  I rise today to let the record

         7       reflect that while I am voting in favor of the

         8       vast majority of the nominees here today, and

         9       I want to pay particular attention to two

        10       judges, Judge Ajello from Staten Island and

        11       Judge --

        12                  THE PRESIDENT:    Senator, the

        13       judges have not been nominated yet.

        14                  SENATOR SAVINO:    Okay, thank you.

        15                  I do want to rise, though, and

        16       voice my objection to the point of Peter

        17       Kalikow as chair of the MTA.

        18                  The MTA serves the needs of

        19       millions of New Yorkers every day, and the

        20       appointment properly belongs with the next

        21       governor, whoever that person may be.

        22                  In Italian we have a expression

        23       that translates to "the fish stinks from the

        24       head."  And this agency certainly is in

        25       disarray and has been for a long time.


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         1                  In 2001 the Comptroller of the

         2       State of New York, Alan Hevesi, found that the

         3       MTA hid more than a half a billion dollars

         4       from the public by keeping two sets of

         5       financial plans, one public and one secret.

         6       More than five years after 9/11, the MTA still

         7       lacks an antiterrorism plan.  In fact, their

         8       own surveillance plan system will not be

         9       operational for another two and a half years.

        10                  More than 2 million people ride the

        11       subways every day, and yet the MTA cannot

        12       figure out to how to keep the subway system

        13       from flooding, as it did last week,

        14       inconveniencing millions of New Yorkers.

        15                  I represent Staten Island, the most

        16       underserved county by the MTA, and people who

        17       have the longest commute of any in the

        18       country.  Peter Kalikow is responsible for the

        19       failures of the MTA to Staten Island, and as a

        20       result he does not deserve to be renominated.

        21                  So I am objecting to his

        22       reappointment, and I want the record to

        23       reflect that.

        24                  THE PRESIDENT:    Senator Parker.

        25                  SENATOR PARKER:    Madam President,


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         1       on the nominations.

         2                  While I also am rising to actually

         3       confirm most of the nominations, I do have

         4       some objections to a few people, including

         5       Joseph Strasburg, Peter Kalikow, Gerard

         6       Kassar, and Joseph Gargano.  And I want to

         7       vote no on those particular nominations.

         8                  I do share some of my colleagues'

         9       concerns that some of these nominations are

        10       far too long.

        11                  I think that, in reference to

        12       Senator Larkin's comments, that in fact this

        13       is the height of democracy, that in fact the

        14       whole idea that you can have a dissent over

        15       something and it can still go through and

        16       pass, but that there isn't a tyranny of the

        17       majority and in fact there can be some voices

        18       that dissent and should be on the record as

        19       dissenting.

        20                  And representing the people of my

        21       district, I note that the votes that I'm

        22       casting here today are what they would want.

        23       It is reflective of the issues and the

        24       concerns of those people that I represent and,

        25       I think, frankly, the vast majority of the


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         1       people of the State of New York.

         2                  That being as it may, I want to

         3       again agree with my colleagues who have said

         4       that the incoming governor, no matter who it

         5       is, should in fact have an opportunity to put

         6       his imprint on the government by in fact

         7       having opportunities to appoint people at

         8       least sometime in their term.  To have people

         9       who are going to even go beyond the term of

        10       the incoming governor doesn't seem right,

        11       correct, fair or transparent.  And so for

        12       those reasons, I'm going to be voting no.

        13                  As relates to particularly the

        14       nomination of Peter Kalikow, who I think

        15       overall has done a great job, I think that

        16       it's time for some new leadership there.

        17                  As I indicated to him in the

        18       Finance Committee, I was, as the son of a

        19       retired MTA worker, highly disappointed in how

        20       the negotiations were handled this December.

        21       I think that it is time to bring some folks in

        22       who are going to come to this process with

        23       some fairness, with some sincerity, and people

        24       who are going to negotiate with goodwill.  And

        25       so I'm going to be voting no on that


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         1       nomination.

         2                  Thank you.

         3                  THE PRESIDENT:    Senator Sabini.

         4                  SENATOR SABINI:    Thank you, Madam

         5       President.

         6                  I'm going to be voting aye on most

         7       of the appointments.  I just want to reflect

         8       the record of my colleagues on the

         9       Transportation Committee in the minority.

        10       Since I serve as ranker, I want to reflect

        11       their opinion as well.

        12                  I think the renomination of

        13       Chairman Kalikow is one that I have to

        14       question.  I think he's been a quintessential

        15       New Yorker.  He's actually done things for the

        16       system against the wishes of the

        17       administration and has been sometimes a friend

        18       of the ridership.  I wish the strike was

        19       handled a little differently, especially the

        20       weeks leading up to the strike.  But I

        21       subscribe to the comments that Senator Krueger

        22       made that perhaps the new governor should have

        23       some say in running what is one of the most

        24       critical authorities that we have.

        25                  You know, we're always complaining


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         1       in this house, both sides of the aisle, that

         2       the authorities are out of control.  And I

         3       think the appointment is too long, into two

         4       terms of the next governor, to stand up.

         5                  I would prefer if Mr. Kalikow would

         6       say that he'd like to work with the new

         7       governor and perhaps work out an arrangement

         8       where, if the new governor had some other

         9       plans, that that could be worked out, because

        10       I think Mr. Kalikow is a reasonable man.

        11                  But from what transpired at the

        12       Finance Committee, and to reflect the wishes

        13       of my colleagues on Transportation, I'm going

        14       to be voting no on his renomination.  Again,

        15       not specifically for his stewardship, which I

        16       think has been mostly for the good, except

        17       pre-strike time, but also because I think the

        18       term is too long and is not really where we

        19       want to go in changing the way our authorities

        20       are run.

        21                  So I'll be voting yes on all except

        22       that one.  Thank you.

        23                  THE PRESIDENT:    Senator

        24       Schneiderman.

        25                  SENATOR SCHNEIDERMAN:    Thank you,


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         1       Madam President.

         2                  I really just want to call

         3       attention to two things.  The first is the

         4       fact that, as indicated by Senator

         5       Hassell-Thompson, our leader, David Paterson,

         6       is making a statement of voting no for all of

         7       the nominees.  And I think it's important to

         8       understand that this is not meant a criticism

         9       of the individual nominees, although there may

        10       be some individual issues.

        11                  The point is very simply this.  The

        12       governor has the power to make appointments.

        13       Some are for terms of years that go into the

        14       next governor's administration.  But the point

        15       that we're trying to make today is that the

        16       exercise of power requires the exercise of

        17       discretion, and that in our view discretion

        18       must be exercised in a different way.

        19                  The effort in particular to appoint

        20       people to more than one term, which the

        21       Governor has undertaken in this process, is

        22       completely objectionable and in my view, and

        23       Senator Ada Smith mentioned this before,

        24       unconstitutional.

        25                  But the key policy-making positions


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         1       that the Governor is seeking to fill here at

         2       the very end of the legislative session, with

         3       87 nominations sailing through Finance -- and

         4       by the end of the week we're probably going to

         5       act on more than 100 appointments -- this is

         6       not the way to do things.  This is not the

         7       right way to do things.

         8                  The point is that if we're ever

         9       going to reform ourselves, if we're ever going

        10       to rise out of this rubber-stamp role, we have

        11       to do things differently.  The nominees are to

        12       critical positions.  They need to be

        13       considered on an individual basis.  And there

        14       has to be more openness and debate in the

        15       Senate.

        16                  Our power of confirmation is one of

        17       our most serious responsibilities, and I think

        18       in the view of many of us here we're not

        19       exercising that responsibility in a proper

        20       manner with this group of nominees.

        21                  In particular, I personally have to

        22       note my old and respected adversary,

        23       Mr. Kalikow, as in my capacity as lawyer for

        24       the Straphangers Campaign, long before I was

        25       in the Senate, I've had the opportunity to be


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         1       in litigation with the MTA quite a few times.

         2       And I would like to remind my colleagues here

         3       of several things that I think would indicate

         4       that perhaps a new governor wants to take a

         5       new direction and have a new chairman of the

         6       MTA and a new board of the MTA.

         7                  The first is the effort that was

         8       undertaken in 2001 to close token booths,

         9       without hearings, which we had to go to court

        10       to stop because the MTA was required by law to

        11       hold hearings before putting the public at

        12       risk by eliminating the number-one safety

        13       feature in the system, which is token-booth

        14       clerks with emergency response systems.  And

        15       I'm sure that -- we did, actually, we won that

        16       case, so we ended up not getting the token

        17       booths closed.

        18                  The second, which was referred to

        19       by Senator Savino and others, was the question

        20       in 2002 of the MTA coming out with public

        21       records saying they had a $600 million deficit

        22       and then within a week changing -- as soon as

        23       the election was over, actually, in 2002 --

        24       changing it and all of a sudden there was

        25       another half-billion-dollar deficit.


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         1                  And that was the maneuvering that

         2       led both Bill Thompson, the New York City

         3       comptroller, and Alan Hevesi, the state

         4       comptroller, to assert publicly that the MTA

         5       was keeping two sets of books.

         6                  We won that in the district court;

         7       we lost in the appellate division.  But the

         8       city comptroller, Mr. Thompson, said of that

         9       decision that, quote:  "It's fine to lie,

        10       according to this court."  And it's not fine

        11       to lie.  I think the MTA can do better.

        12                  I will say that Mr. Kalikow and

        13       Katie Lapp, under his authority, have made

        14       significant progress.  It's much easier for

        15       those of us who are critics of the system to

        16       understand where the money is being hidden

        17       now.  It's still being hidden, but it's being

        18       hidden with a great deal more transparency.

        19       And I do think that there has been progress

        20       made.  I don't mean to suggest that this is an

        21       entirely objectionable administration.

        22                  But I would suggest that the MTA

        23       does need new leadership.  We can do better.

        24       And again, the point that my colleagues keep

        25       coming back to is this.  You have to use some


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         1       restraint and discretion when you're talking

         2       about having the dead hand of an old

         3       administration limiting the ability of the new

         4       administration to act.  There is a reason for

         5       there to be terms of years and for some

         6       appointees not to serve at the pleasure of the

         7       governor.

         8                  But this requires some restraint.

         9       Eighty-seven appointments rolling out of

        10       Finance today, coming to the floor, is not the

        11       way to do business.  This is the kind of

        12       procedure that has people thinking that Albany

        13       is dysfunctional, we don't listen to the

        14       people, that the Legislature can be a rubber

        15       stamp at times.

        16                  Let's not play into that.  Let's

        17       consider this more carefully.  Let's do it

        18       differently, and let's let the new governor

        19       choose who he wants in his key policy-making

        20       roles.

        21                  And as Senator Smith has pointed

        22       out, there are people whose terms haven't even

        23       expired who we could leave for the new

        24       governor who would serve as recess

        25       appointments if we would leave it for the new


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         1       governor.

         2                  I am going to be voting no on

         3       Mr. Kalikow's appointment.  I will not be

         4       voting no on all the other appointments.  But

         5       I just wanted to explain why some of my

         6       colleagues will be speaking out right now,

         7       later today, and as the week goes on, on the

         8       issue of how we proceed with appointments.

         9                  Thank you, Madam President.

        10                  THE PRESIDENT:    Senator Stavisky.

        11                  SENATOR STAVISKY:    Yeah, very

        12       briefly.

        13                  Let me add one other point that has

        14       me troubled.  And I don't think it concerns

        15       any of today's appointments but, rather,

        16       appointments for the future.  We have some

        17       very, very fine nominees coming up later in

        18       the week, and this is in no way directed

        19       toward them.

        20                  I am troubled, though, when the

        21       Mayor and the Governor appoint members of

        22       their staff to various boards and commissions

        23       and so forth.

        24                  I think this is -- this has been

        25       going on for a number of years, quite a while.


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         1       I think it's wrong.  And I wish the record to

         2       so reflect that I think they ought to go

         3       beyond their office.

         4                  The problem as far as I'm concerned

         5       is one of accountability.  To whom is the

         6       person accountable, the person who signs their

         7       paycheck or the people whom they are supposed

         8       to serve?

         9                  Thank you, Madam President.

        10                  THE PRESIDENT:    Senator Johnson.

        11                  SENATOR JOHNSON:    I find it very

        12       interesting to see that the quality of the

        13       nominees is not in question, but the ability

        14       of a supposed future governor who may object

        15       to not having the opportunity to appoint these

        16       members himself.

        17                  John Faso never complained to me

        18       about it, and I don't know why Eliot Spitzer

        19       is complaining to them about it.  He's saying

        20       these positions because they want to fill

        21       those positions.  Well, that's not

        22       appropriate.

        23                  This governor has the authority to

        24       make these nominations, and we act upon those

        25       appropriately and confirm them if we have the


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         1       numbers, which I'm sure we do, and that's the

         2       end of the argument.

         3                  Move the nominations.

         4                  THE PRESIDENT:    The question now

         5       is on the nominees' confirmation as read last

         6       by the Secretary.  All in favor of the

         7       confirmations please signify by saying aye.

         8                  (Response of "Aye.")

         9                  THE PRESIDENT:    Opposed, nay.

        10                  (Response of "Nay.")

        11                  THE PRESIDENT:    The nominees are

        12       hereby confirmed.

        13                  I'd like also to recognize and

        14       acknowledge that Peter S. Kalikow with us this

        15       afternoon.

        16                  Congratulations, Mr. Kalikow, to

        17       you and to all of the nominees who were just

        18       confirmed.  Best wishes.

        19                  (Applause.)

        20                  THE PRESIDENT:    The Secretary

        21       will continue to read.

        22                  THE SECRETARY:    As chairman of

        23       the State Athletic Commission, Ronald

        24       Rabinowitz, Esquire, of Brooklyn.

        25                  SENATOR JOHNSON:    Move the


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         1       nomination.

         2                  THE PRESIDENT:    Senator Farley.

         3                  SENATOR FARLEY:    Yes, I've

         4       already spoken to ease the way for Ron

         5       Rabinowitz, who's better known as Ron Stevens,

         6       as our boxing commissioner and for the State

         7       Athletic Commission.

         8                  Incidentally, as I said before, we

         9       have a number of boxers in this chamber.

        10       Senator Balboni, I don't know if he's still

        11       here -- there he is.  And also Senator Bruno,

        12       who was undefeated.  And Senator Marchi, who

        13       once sparred or boxed with Gus Lesvenich.  Am

        14       I right on that?  And I used to take a few

        15       punches too.

        16                  But let me say that Ron Rabinowitz,

        17       who's better known as Ron Stevens, is truly an

        18       asset to the Boxing Commission and recognized

        19       nationally as an outstanding commissioner, and

        20       it is with enthusiasm that I support his

        21       nomination.

        22                  THE PRESIDENT:    All in favor of

        23       the nomination of Ronald Rabinowitz, Esquire,

        24       of Brooklyn, as chairman of the State Athletic

        25       Commission for a term please signify by saying


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         1       aye.

         2                  (Response of "Aye.")

         3                  THE PRESIDENT:    Opposed, nay.

         4                  (Response of "Nay.")

         5                  THE PRESIDENT:    The nominee is

         6       hereby confirmed.  And we wish him the best.

         7                  (Applause.)

         8                  THE PRESIDENT:    And he is here

         9       with us this afternoon.  Congratulations, and

        10       best wishes to you.

        11                  Senator Fuschillo.

        12                  SENATOR FUSCHILLO:    Madam

        13       President, may we please return to the order

        14       of motions and resolutions and adopt the

        15       Resolution Calendar, with the exception of

        16       Resolutions 5875, 6068, 6120, and 6135.

        17                  THE PRESIDENT:    Motions and

        18       resolutions.

        19                  All in favor of so adopting the

        20       Resolution Calendar please signify by saying

        21       aye.

        22                  (Response of "Aye.")

        23                  THE PRESIDENT:    Opposed, nay.

        24                  (No response.)

        25                  THE PRESIDENT:    The Resolution


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         1       Calendar is so adopted.

         2                  Senator Fuschillo.

         3                  SENATOR FUSCHILLO:    Madam

         4       President, there's a Resolution 5875 at the

         5       desk, by Senator Breslin.  May we please have

         6       it read in its entirety and move for its

         7       immediate adoption.

         8                  THE PRESIDENT:    The Secretary

         9       will read.

        10                  THE SECRETARY:    By Senator

        11       Breslin, Legislative Resolution Number 5875,

        12       paying tribute to the life and distinguished

        13       career of Detective Kenneth P. Wilcox.

        14                  "WHEREAS, It is the sense of this

        15       Legislative Body to convey its heartfelt

        16       regret in recognition of the loss of a police

        17       officer who dedicated his purposeful life and

        18       career in faithful service to his family,

        19       community, and the Albany Police Department;

        20       and

        21                  "WHEREAS, Detective Kenneth P.

        22       Wilcox, of Colonie, New York, died on

        23       Wednesday, April 26, 2006, at the age of 39;

        24       and

        25                  "WHEREAS, Known to many as K-Will,


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         1       Kenneth P. Wilcox joined the Albany Police

         2       Department in 1988 as a patrol officer.  He

         3       lived his life with great dignity and genuine

         4       grace, always demonstrating a deep and

         5       continuing concern for the welfare of others,

         6       and, in doing so, he inspired others to do the

         7       same; and

         8                  "WHEREAS, One of the department's

         9       most decorated detectives, Kenneth P. Wilcox

        10       proved to be an invaluable asset to the Albany

        11       Police Department.  In 1994, he was awarded

        12       the key to the City of Albany for rescuing a

        13       baby from a burning building.  Furthermore, he

        14       joined the crisis negotiation team and earned

        15       the department's Combat Cross for heroism in

        16       1996, and also established a local chapter of

        17       the National Black Police Association; and

        18                  "WHEREAS, Recognized in the

        19       community as a caring and compassionate man,

        20       Detective Kenneth P. Wilcox was always present

        21       to lend a helping hand and offer a genuine

        22       smile, treating all those he came in contact

        23       with with dignity and respect; and

        24                  "WHEREAS, Detective Kenneth P.

        25       Wilcox's record of unimpeachable fairness will


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         1       endure as an inspiration and living legacy to

         2       all who had the privilege and honor of knowing

         3       him; and

         4                  "WHEREAS, The family of Detective

         5       Kenneth P. Wilcox -- including his wife,

         6       Phillippa Garland-Wilcox; daughter, Phiana;

         7       parents, Raymond, Sr., and Sarah; in-laws,

         8       Benjamin and Jeanette Garland; brothers,

         9       Raymond, Jr., and Ricky; sisters, Carolyn and

        10       Amy; and many aunts, uncles, nieces and

        11       nephews -- as well as the members of the

        12       Albany Police Department, have lost an eminent

        13       father, police officer and friend.  He was

        14       recognized as a pillar within his home

        15       community of Albany County and will be greatly

        16       missed by many; now, therefore, be it

        17                  "RESOLVED, That this Legislative

        18       Body pause in its deliberations to pay tribute

        19       to the life and distinguished career of

        20       Detective Kenneth P. Wilcox, recognizing his

        21       loving labors and purposeful life, and

        22       conveying its sincere condolences to his

        23       family and friends; and be it further

        24                  "RESOLVED, That a copy of this

        25       resolution, suitably engrossed, be transmitted


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         1       to the family of Kenneth P. Wilcox."

         2                  THE PRESIDENT:    Senator Breslin.

         3                  SENATOR BRESLIN:    Thank you,

         4       Madam President.

         5                  This past April, when we lost

         6       Detective Ken Wilcox, we lost someone who was

         7       so valued by the Albany Police Department, who

         8       had spent over half of his relatively short

         9       life on the police department.

        10                  And his loss obviously is greatest

        11       to his family, who's here -- his wife,

        12       Phillippa; his daughter, Phiana; his mother,

        13       Sarah; his other relatives and friends who are

        14       here with us -- to his Albany police

        15       community; to our mayor, Jerry Jennings; to

        16       our police chief, Jim Tuffey; to his friends

        17       and fellow policemen; and to the entire city

        18       of Albany.

        19                  It seemed as though his personality

        20       permeated the police department.  You know,

        21       from starting the national police chapter

        22       here, National Black Police chapter here, to

        23       getting Policeman of the Year, to the other

        24       awards.  When you would pick up the paper and

        25       there would be a major investigation, and who


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         1       would be right in the center:  Detective

         2       Wilcox.

         3                  And I think probably the most

         4       important thing -- and I've had a number of

         5       conversations with his good friend El-Wise,

         6       who works here in the Senate and is deeply

         7       saddened by the loss.  But when you talk to

         8       El-Wise and others, you find out the real

         9       value of a Ken Wilcox.  And that was his role

        10       as a role model -- throughout the Albany

        11       community, but in particular in the black

        12       community.  That he served as a role model for

        13       the young.  He served as a role model for

        14       things can and will be better.

        15                  And we will never, ever get over

        16       the loss of Ken Wilcox.  He is a role model

        17       that we all should treasure, we all should

        18       emulate.  And we take this day to honor his

        19       memory.

        20                  Thank you, Madam President.

        21                  THE PRESIDENT:    All in favor of

        22       the resolution please signify by saying aye.

        23                  (Response of "Aye.")

        24                  THE PRESIDENT:    Opposed, nay.

        25                  (No response.)


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         1                  THE PRESIDENT:    The resolution is

         2       adopted.

         3                  And you have our deep sympathy for

         4       a tremendous personal loss as well as a

         5       tremendous community loss.

         6                  Senator Fuschillo.

         7                  SENATOR FUSCHILLO:    Madam

         8       President may we return to reports of standing

         9       committees and take up the Judiciary report.

        10                  THE PRESIDENT:    Reports of

        11       standing committees.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Senator

        14       DeFrancisco, from the Committee on Judiciary,

        15       reports the following nominations.

        16                  As a judge of the Court of Claims,

        17       Catherine M. Bartlett, of Goshen.

        18                  THE PRESIDENT:    Senator

        19       DeFrancisco.

        20                  SENATOR DeFRANCISCO:    Thank you,

        21       Madam President.

        22                  We had 17 judicial nominees in the

        23       Judiciary Committee today.  If there are

        24       Senators out there that want to speak on these

        25       nominations, I would appreciate if they would


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         1       come to chambers.

         2                  Each of these 17, we reviewed their

         3       submittals to the Governor's office, we

         4       reviewed all the materials provided for them

         5       and on their behalf.  They appeared before the

         6       committee and they were unanimously

         7       recommended to come before the full Senate for

         8       confirmation.

         9                  And as to the first nominee,

        10       Catherine M. Bartlett, of Goshen, as a judge

        11       of the Court of Claims, I would move the

        12       nomination and request that you call on

        13       Senator Larkin to second the nomination.

        14                  Apparently Senator Larkin is not

        15       here.  He didn't hear my voice over the

        16       intercom.  But we'll wait a moment because he

        17       can't be too far.

        18                  THE PRESIDENT:    Senator Larkin.

        19                  SENATOR LARKIN:    Thank you, Madam

        20       President.

        21                  I stand here to nominate Catherine

        22       Bartlett to the Court of Claims.

        23                  I have known Cathy for 15 years.

        24       She's a distinguished woman, Madam President.

        25       She is a credit to her community.  She is a


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         1       credit to the profession.  She is a credit to

         2       the bench that she's been sitting on as a town

         3       judge and now at the Court of Claims.

         4                  Cathy is the type of an individual

         5       who brings to the court the realism of what

         6       the case is all about, the realism about the

         7       life that we face today, and she adjudges

         8       those issues with honesty, sincerity and

         9       dedication.

        10                  I could stand here for another 30

        11       minutes, Madam President, and tell you all the

        12       things that she does for our community.  But

        13       there are a lot of other people here would

        14       like to speak on their judges.

        15                  But I just want to say when the

        16       Governor nominated Cathy Bartlett, he made

        17       sure that that round peg went into the round

        18       hole, because Cathy is second to none in her

        19       knowledge of the court system and her ability

        20       to make decisions that are in the best

        21       interest of all the people of the State of New

        22       York.

        23                  Thank you, Madam President.

        24                  THE PRESIDENT:    Senator Bonacic.

        25                  SENATOR BONACIC:    Thank you,


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         1       Madam President.  I also rise in support of

         2       the confirmation of Catherine Bartlett.

         3                  When the Governor first proposed

         4       her name, I believe last year, I talked about

         5       all of her qualities, why she would be an

         6       excellent judge, having followed her career

         7       for many, many years.  Now everyone in the

         8       State of New York knows that she conducts

         9       herself in an exemplary and professional way,

        10       and we in Orange County are very proud of her.

        11                  Thank you very much, Madam

        12       President.

        13                  THE PRESIDENT:    Senator Morahan.

        14                  SENATOR MORAHAN:    Thank you,

        15       Madam President.  I too rise in support of the

        16       nomination and the effort to confirm Catherine

        17       Bartlett, from Orange County.

        18                  She currently serves, she was

        19       appointed last year.  It was a great

        20       appointment by the Governor.  She has served

        21       in great stead as a Court of Claims judge, and

        22       she's substituted for Supreme Court.  She's

        23       done it all in a fantastic way.

        24                  She's a credit to the profession, a

        25       credit to the judiciary, and I am happy to


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         1       second her nomination and confirmation.

         2                  Thank you, Madam President.

         3                  THE PRESIDENT:    All in favor of

         4       the nomination of Catherine M. Bartlett as a

         5       judge of the Court of Claims please signify by

         6       saying aye.

         7                  (Response of "Aye.")

         8                  THE PRESIDENT:    Opposed, nay.

         9                  (No response.)

        10                  THE PRESIDENT:    The nominee is

        11       hereby confirmed.

        12                  I know Judge Bartlett, of her

        13       excellence, and this is a well-deserved

        14       tribute and accomplishment.  Best wishes.

        15                  (Applause.)

        16                  THE PRESIDENT:    The Secretary

        17       will continue to read.

        18                  THE SECRETARY:    As a judge of the

        19       Court of Claims, Russell P. Buscaglia, of

        20       Grand Island.

        21                  THE PRESIDENT:    Senator

        22       DeFrancisco.

        23                  SENATOR DeFRANCISCO:    I would

        24       move the nomination of Russell P. Buscaglia as

        25       a judge of the Court of Claims and request


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         1       that you recognize Senator Rath, who is

         2       seconding the nomination.

         3                  SENATOR RATH:    Thank you, Madam

         4       President.

         5                  I rise to second the nomination of

         6       Judge Russell Buscaglia to the Court of Claims

         7       and congratulate the Governor on the wisdom of

         8       his choice.

         9                  Judge Buscaglia is held in

        10       extremely high regard and respect by both the

        11       bench and the bar in Western New York.  He's a

        12       conscientious, dedicated judge, and I'd like

        13       to congratulate him on the nomination.

        14                  Thank you.

        15                  THE PRESIDENT:    All in favor of

        16       the nomination of Russell P. Buscaglia, of

        17       Grand Island, as a judge of the Court of

        18       Claims please signify by saying aye.

        19                  (Response of "Aye.")

        20                  THE PRESIDENT:    Opposed, nay.

        21                  (No response.)

        22                  THE PRESIDENT:    The nominee is

        23       hereby confirmed.

        24                  Congratulations, and best wishes.

        25                  He is here today with Sue Intihar.


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         1                  And Judge Bartlett is accompanied

         2       by her husband, William L. DeProspo.

         3                  Congratulations, and best wishes.

         4                  (Applause.)

         5                  THE PRESIDENT:    The Secretary

         6       will continue to read.

         7                  THE SECRETARY:    As a judge of the

         8       Court of Claims, Francis T. Collins, of

         9       Saratoga Springs.

        10                  THE PRESIDENT:    Senator

        11       DeFrancisco.

        12                  SENATOR DeFRANCISCO:    Madam

        13       President, I move the nomination of Francis T.

        14       Collins for the Court of Claims position for

        15       which he's been nominated.  And I'd ask you to

        16       call on Senator Farley to second the

        17       nomination.

        18                  THE PRESIDENT:    Senator Farley.

        19                  SENATOR FARLEY:    Thank you,

        20       Senator DeFrancisco.

        21                  Actually, I'm substituting for

        22       Senator Bruno, who has known Timmy Collins,

        23       Francis Timothy Collins, and I think thinks of

        24       him almost like a son.

        25                  Timmy Collins is a graduate, if you


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         1       will, of our house.  He has worked for the

         2       chairman of the Elections Committee, who was

         3       Senator Bruno, and also for the Standing

         4       Committee on Commerce and Economic

         5       Development, which was Senator Bruno, in small

         6       business, and he was the executive counsel to

         7       Senator Bruno.

         8                  Now, Senator Bruno and I share the

         9       city of Saratoga Springs, where I think Timmy

        10       lives.  I don't know whether he's in my

        11       district or Joe's -- probably Joe's.  Senator

        12       Bruno has asked me to second his nomination.

        13                  You know, Tim Collins has served in

        14       one of the most difficult jobs that you can

        15       find here -- saying no, doing many things for

        16       the Majority as the executive counsel -- and

        17       he did it with not only distinction but with

        18       grace.  I've never known anybody that ever had

        19       a bad word to say against Tim Collins.  A real

        20       gentleman, a fine judge.

        21                  And, you know, so often -- and I

        22       think our President knows this so well, one of

        23       the most important things about any judge is

        24       judicial temperament.  And Tim Collins has

        25       that temperament which exemplifies the very


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         1       best in the judiciary.

         2                  It's a great deal of pleasure and

         3       an honor to see somebody do so well.  Timmy,

         4       congratulations.  We wish you well.

         5                  THE PRESIDENT:    All in favor of

         6       the nomination of Francis T. Collins, of

         7       Saratoga Springs, as a judge of the Court of

         8       Claims please signify by saying aye.

         9                  (Response of "Aye.")

        10                  THE PRESIDENT:    Opposed, nay.

        11                  (No response.)

        12                  THE PRESIDENT:    The nominee is

        13       hereby confirmed.

        14                  Judge Collins, congratulations for

        15       another excellent achievement on your part.

        16       Best wishes.

        17                  (Applause.)

        18                  THE PRESIDENT:    The Secretary

        19       will continue to read.

        20                  THE SECRETARY:    As a judge of the

        21       Court of Claims, Diane L. Fitzpatrick, of

        22       Tully.

        23                  THE PRESIDENT:    Senator

        24       DeFrancisco.

        25                  SENATOR DeFRANCISCO:    I rise to


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         1       move the nomination of Diane Fitzpatrick to a

         2       Court of Claims position, and I'd like to

         3       speak concerning her for a moment, since she's

         4       a constituent and friend of mine.

         5                  What I think is really important

         6       about this nominee is that she came from the

         7       trenches.  Doing trial work myself, and being

         8       involved in the court system when I'm not

         9       enjoying myself here, it's a very difficult

        10       job.  And it's a difficult job on the

        11       litigants, the clients, as well as the judges.

        12                  And I think you get a special

        13       appreciation when you're in the trenches as to

        14       how people should be treated and how decisions

        15       should be made.  And Diane Fitzpatrick has

        16       that background.

        17                  She also served as a confidential

        18       law clerk for one of the criminal court judges

        19       in our community and served extremely well in

        20       that position, a very difficult position

        21       dealing with criminal cases and the criminal

        22       law.

        23                  But I think probably the most

        24       important thing about Diane is that she is

        25       fair and she has got impeccable judicial


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         1       temperament.  No matter what your side is in a

         2       case -- unfortunately, I can't appear before

         3       Court of Claims judges -- but whatever your

         4       side is in the case, you know you're going to

         5       be treated fairly and you're going to be given

         6       a fair shake.  And that's all anyone can

         7       expect from a judge.

         8                  So I'm very, very pleased to move

         9       the nomination of Diane Fitzpatrick for a

        10       reappointment for another term as a Court of

        11       Claims judge.

        12                  THE PRESIDENT:    Senator Meier.

        13                  SENATOR MEIER:    Very briefly,

        14       Madam President.

        15                  Judge Fitzpatrick and I have

        16       something in common that's maybe a little

        17       unusual.  Her husband was my law school

        18       roommate.  So Judge Fitzpatrick I know -- and

        19       actually, from actually having tried a case

        20       with her, I know that before going to the

        21       bench she was a great lawyer.  By her

        22       reputation, she is a wonderful judge.  And I

        23       know from other background and experience

        24       personally that she is unfailingly patient.

        25                  So congratulations, Judge.


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         1                  THE PRESIDENT:    All in favor of

         2       the nomination of Diane Fitzpatrick, of Tully,

         3       as a judge of the Court of Claims please

         4       signify by saying aye.

         5                  (Response of "Aye.")

         6                  THE PRESIDENT:    Opposed, nay.

         7                  (No response.)

         8                  THE PRESIDENT:    The nominee is

         9       hereby confirmed.

        10                  Judge Fitzpatrick, whom I know both

        11       her and her husband personally, I know of your

        12       excellence, and this is a great nomination and

        13       excellent confirmation.  Best wishes for

        14       continued success.

        15                  (Applause.)

        16                  THE PRESIDENT:    Judge Fitzpatrick

        17       is accompanied by Janet Higgins.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    As a judge of the

        21       Court of Claims, Michael E. Hudson, of

        22       Amherst.

        23                  THE PRESIDENT:    Senator

        24       DeFrancisco.

        25                  SENATOR DeFRANCISCO:    I move the


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         1       nomination of Michael E. Hudson for the Court

         2       of Claims position and ask you to please call

         3       on Senator Rath to second the nomination.

         4                  THE PRESIDENT:    Senator Rath.

         5                  SENATOR RATH:    Thank you, Madam

         6       President.

         7                  I rise with great pleasure to

         8       second the nomination of Judge Michael Hudson

         9       for the Court of Claims.

        10                  Judge Hudson worked with my husband

        11       for many years as his court clerk, and I

        12       always said made my husband look

        13       extraordinarily good as a judge because of the

        14       work that Mike Hudson did.  He gained the

        15       respect of the bench and the bar in those

        16       days.  And his judicial temperament, his even

        17       and constant disposition, and his reputation

        18       for fairness is second to none in Erie County.

        19                  And when Judge Hudson was first

        20       nominated a few years ago, there was a former

        21       Senator here who had been the chairman of the

        22       Judiciary Committee who was reading through

        23       the nominees as they were going through at

        24       that time.  And I don't know that I related

        25       this story even to Judge Hudson, but I'm proud


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         1       to say here that this former Senator stopped

         2       me in the hallway after I had made a seconding

         3       speech and said:  "Senator Rath, I wish that

         4       we saw more and more and more people with the

         5       kinds of qualifications that this young man

         6       has to serve as a judge in New York State."

         7                  So I'm proud to be here to second

         8       the nomination for Judge Hudson.

         9                  Congratulations.

        10                  THE PRESIDENT:    All in favor of

        11       the nomination of Michael E. Hudson, of

        12       Amherst, as a judge of the Court of Claims

        13       please signify by saying aye.

        14                  (Response of "Aye.")

        15                  THE PRESIDENT:    Opposed, nay.

        16                  (No response.)

        17                  THE PRESIDENT:    The nominee is

        18       hereby confirmed.

        19                  Congratulations and best wishes to

        20       you, Judge Hudson.

        21                  (Applause.)

        22                  THE PRESIDENT:    Judge Hudson is

        23       accompanied by his wife, Dale.

        24                  The Secretary will continue to

        25       read.


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         1                  THE SECRETARY:    As a judge of the

         2       Court of Claims, Jill Konviser-Levine, of

         3       New York City.

         4                  THE PRESIDENT:    Senator

         5       DeFrancisco.

         6                  SENATOR DeFRANCISCO:    I move the

         7       nomination of Jill Konviser-Levine for the

         8       position of Court of Claims.  I'd also like to

         9       speak briefly concerning her nomination.

        10                  I had the pleasure of working with

        11       her on a major piece of legislation -- this is

        12       a criminal judgeship we're talking about here

        13       in the Court of Claims -- and it dealt with

        14       Jenna's Law, the law that ended up eliminating

        15       parole for violent offenders.  She was there

        16       from day one when the law was first discussed.

        17       In fact, I introduced her to the parents of

        18       the victim in Syracuse, New York, when she

        19       came with the Governor.  A really important

        20       bill.

        21                  And ironically, today, this

        22       afternoon, we have the Women of Distinction

        23       awards.  And ironically, without any

        24       forethought, Janice Grieshaber, the mother of

        25       the victim, is going to be here today and be


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         1       honored as one of the many Women of

         2       Distinction in the State of New York.

         3                  So her qualifications for this

         4       position are just impeccable.  I'm really

         5       pleased that she's been renominated and that's

         6       she's going to continue to be a Court of

         7       Claims judge.

         8                  THE PRESIDENT:    All in favor of

         9       the nomination of Jill Konviser-Levine, of

        10       New York City, as a judge of the Court of

        11       Claims please signify by saying aye.

        12                  (Response of "Aye.")

        13                  THE PRESIDENT:    Opposed, nay.

        14                  (No response.)

        15                  THE PRESIDENT:    The nominee is

        16       hereby confirmed.

        17                  Congratulations, Judge

        18       Konviser-Levine, for all of your successes,

        19       and best wishes.

        20                  (Applause.)

        21                  THE PRESIDENT:    The Secretary

        22       will continue to read.

        23                  THE SECRETARY:    As a judge of the

        24       Court of Claims, Alan C. Marin, of New York

        25       City.


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         1                  THE PRESIDENT:    Senator

         2       DeFrancisco.

         3                  SENATOR DeFRANCISCO:    I move the

         4       nomination of Alan C. Marin to the Court of

         5       Claims position for which he is nominated.

         6                  Judge Marin, soon to be Judge

         7       Marin, has impeccable qualifications.  He has

         8       a broad spectrum of background that will serve

         9       well in a civil court judgeship.

        10                  He's demonstrated fairness,

        11       objectivity, and I'm sure he will be a great

        12       Judge.  And I'm proud to move his nomination.

        13                  THE PRESIDENT:    Senator Connor.

        14                  SENATOR CONNOR:    Yes, Madam

        15       President.  I rise to second the nomination of

        16       Judge Marin for reappointment.

        17                  Although he lives a few blocks out

        18       of my district in Senator Duane's district,

        19       I've known Judge Marin for many, many years.

        20       He was the counsel to the Assembly Labor

        21       Committee and later was special counsel and

        22       special counsel for Labor in the Assembly.

        23                  In certainly my first 16 years in

        24       the Senate, when I was the ranking member on

        25       the Civil Service and Pensions Committee and


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         1       also served on the Labor Committee, and back

         2       in the old days when bills were passed on

         3       their merits in this house, I and my staff at

         4       the time had many, many dealings with Alan

         5       Marin.  A superb intellect, a fine

         6       professional.

         7                  He has served for these past, I

         8       guess, eight or nine years with distinction as

         9       a Court of Claims judge.  And I urge his

        10       confirmation for reappointment to another term

        11       as a judge of the Court of Claims.

        12                  Thank you.

        13                  THE PRESIDENT:    All in favor of

        14       the nomination of Alan C. Marin, of New York

        15       City, as a judge of the Court of Claims please

        16       signify by saying aye.

        17                  (Response of "Aye.")

        18                  THE PRESIDENT:    Opposed, nay.

        19                  (No response.)

        20                  THE PRESIDENT:    The nominee is

        21       hereby confirmed.

        22                  Congratulations, Judge Marin, and

        23       best wishes for continued success.

        24                  (Applause.)

        25                  THE PRESIDENT:    The Secretary


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         1       will continue to read.

         2                  THE SECRETARY:    As a judge of the

         3       Court of Claims, Renee Forgensi Minarik, of

         4       Webster.

         5                  THE PRESIDENT:    Senator

         6       DeFrancisco.

         7                  SENATOR DeFRANCISCO:    I move the

         8       nomination of Renee Minarik for the Court of

         9       Claims position and request that you please

        10       call on Senator Nozzolio for a second.

        11                  THE PRESIDENT:    Senator Nozzolio.

        12                  SENATOR NOZZOLIO:    Thank you,

        13       Madam President.  On the nomination.

        14                  Madam President and my colleagues,

        15       I proudly rise to wholeheartedly endorse the

        16       nomination for a second term of Judge Renee

        17       Minarik to the Court of Claims.

        18                  Judge Minarik has been an excellent

        19       judge, and for many of the reasons that have

        20       been described in discussing the entire panel

        21       that is being nominated today, each of them

        22       bringing a characteristic to the bench that

        23       suits the citizens of the state very well in

        24       having a broad, diverse background of judges.

        25                  What is so unique about Renee


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         1       Minarik is that she brings to the bench a

         2       broad background in state and local government

         3       and particularly in local government.

         4       Although serving as a regional director of the

         5       Department of Environmental Conservation, also

         6       as an assistant attorney general at the state

         7       level, that she also worked in town

         8       government, in local government, and as an

         9       elected official in her own right as a county

        10       legislator representing Webster, which is the

        11       fastest-growing community in Monroe County,

        12       representing that constituency in the county

        13       legislature.  Doing an excellent job in each

        14       of the tasks that she has undertaken.

        15                  We're all very proud of her, her

        16       accomplishments, and that this renomination

        17       certainly is something that made all the sense

        18       in the world.

        19                  I'd also like to point out another

        20       aspect of Judge Minarik that may not be as

        21       well known.  That's as a graduate of Wells

        22       College in Aurora, New York, she has been

        23       certainly serving as a role model for

        24       graduates of that school and is very active in

        25       alumni affairs.


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         1                  She is a trustee, an alumni trustee

         2       on the Wells College board, that she has been

         3       involved in many college activities, helping

         4       young people from this state and other states

         5       who are attending Wells College understand

         6       that here is a graduate that has reached one

         7       of the highest positions in her field.  That

         8       is a very important role that Judge Minarik

         9       has played.

        10                  That I'm very proud to second this

        11       nomination.  She is an excellent judge.  And

        12       that I know in this next term she will

        13       continue to serve this state with distinction.

        14                  Madam President, I support this

        15       nomination.

        16                  THE PRESIDENT:    All in favor of

        17       the nomination of Renee Forgensi Minarik, of

        18       Webster, as a judge of the Court of Claims

        19       please signify by saying aye.

        20                  (Response of "Aye.")

        21                  THE PRESIDENT:    Opposed, nay.

        22                  (No response.)

        23                  THE PRESIDENT:    The nominee is

        24       hereby confirmed.

        25                  Congratulations, Judge Forgensi


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         1       Minarik, and best wishes to you.

         2                  (Applause.)

         3                  THE PRESIDENT:    Judge Minarik is

         4       accompanied by her husband, Steve, this

         5       afternoon.

         6                  The Secretary will continue to

         7       read.

         8                  THE SECRETARY:    As a judge of the

         9       Court of Claims, Richard A. Molea, of

        10       Ossining.

        11                  THE PRESIDENT:    Senator

        12       DeFrancisco.

        13                  SENATOR DeFRANCISCO:    I move the

        14       nomination of Richard A. Molea as a Court of

        15       Claims judge, and I request that you call on

        16       Senator Leibell for a second.

        17                  THE PRESIDENT:    Senator Leibell.

        18                  SENATOR LEIBELL:    Thank you,

        19       Madam President.

        20                  And I know that our colleague

        21       Senator Spano had hoped to be here to speak on

        22       this nomination, but unfortunately he's in a

        23       meeting right now.

        24                  I'm very pleased, though, to stand

        25       and speak on this, because the judge and I go


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         1       way back.  We both started out as young

         2       lawyers.  We were blessed to start with Carl

         3       Vergari in the Westchester DA's office.  And

         4       the judge had a long and distinguished career

         5       in that office and served the people of the

         6       County of Westchester with great distinction.

         7                  As well as you know somebody, you

         8       sometimes don't know them as completely.  And

         9       when I saw this resume, I realized how much

        10       more extensive the judge's career had been

        11       than I even had known.

        12                  But I'm very pleased to stand up

        13       and second this excellent nomination.  I know

        14       the judge will continue to serve this state

        15       with great distinction.

        16                  THE PRESIDENT:    All in favor of

        17       the nomination of Richard A. Molea, of

        18       Ossining, as a judge of the Court of Claims

        19       please signify by saying aye.

        20                  (Response of "Aye.")

        21                  THE PRESIDENT:    Opposed, nay.

        22                  (No response.)

        23                  THE PRESIDENT:    The nominee is

        24       hereby confirmed.

        25                  Congratulations, Judge Molea, and


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         1       best wishes.

         2                  (Applause.)

         3                  THE PRESIDENT:    The Secretary

         4       will continue to read.

         5                  THE SECRETARY:    As a judge of the

         6       Court of Claims, Michael F. Mullen, of

         7       Huntington.

         8                  THE PRESIDENT:    Senator

         9       DeFrancisco.

        10                  SENATOR DeFRANCISCO:    I move the

        11       nomination of Michael F. Mullen for the Court

        12       of Claims and request that you call on Senator

        13       Balboni to second the nomination.

        14                  THE PRESIDENT:    Senator Balboni.

        15                  SENATOR BALBONI:    Yes, Madam

        16       President.  The year was 1986.  I was a

        17       brand-new counsel to the Senate Judiciary

        18       Committee.  Didn't know much.  Folks might

        19       argue that hasn't changed much.  And I arrived

        20       in the offices of a midtown Manhattan law firm

        21       that we were using to go through a whole raft

        22       of judges who were going to respond to the

        23       crack epidemic.

        24                  And here I am, this young counsel,

        25       I get brought into this room, and I'm given


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         1       three judges that I'm going to inquire about

         2       as to whether or not they fit the

         3       qualifications to become a member of the Court

         4       of Claims.  And one of them was Michael

         5       Mullen.  And little did I know what that first

         6       meeting would bring about, because I've gotten

         7       a chance to follow Judge Mullen's incredibly

         8       distinguished career.

         9                  First of all, he came from this

        10       world; he was a former counsel up here in

        11       Albany.  But he has always applied himself

        12       with distinction and with judicial

        13       temperament.

        14                  He's also been a part of some of

        15       the major, major cases in the history of

        16       Suffolk County.  He was with the Lizzie

        17       Grubman case, he had that one.  Jamal Starks,

        18       who had held up an armored car.  Farnd Farmer,

        19       who served 25 years to life for a horror spree

        20       of crime where he hijacked a car full of

        21       people, put them in the trunk, and drove them

        22       out to a forest and left them for dead.

        23                  He has also been involved with the

        24       case of Faustino Chavez, a murderer; Daniel

        25       Cifonelli; and Brian Tuohey and Howard Zeis,


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         1       all cases of notoriety, of intense pressure.

         2       But this jurist did it with aplomb,

         3       understanding, and with great justice and

         4       acumen.

         5                  It is such a pleasure to second the

         6       nomination of Judge Mullen.  He is a tribute

         7       to our bench.

         8                  THE PRESIDENT:    Senator LaValle.

         9                  SENATOR LaVALLE:    Thank you,

        10       Madam President.  I too rise to second Judge

        11       Mullen's nomination.

        12                  As Senator Balboni indicated, he

        13       served here on staff in the Senate, first with

        14       Senator B.C. Smith, doing environmental work

        15       as counsel, and then for our Senate Majority,

        16       under Majority Leader Warren Anderson, where

        17       he handled education and higher education.

        18                  As Senator Balboni indicated, he

        19       has truly handled some very, very difficult

        20       cases in the Tenth Judicial District, and he

        21       has done so with great fairness, great

        22       intellect.

        23                  And there is another aspect of

        24       Judge Mullen -- and we chatted a little bit

        25       today -- and that is a person who feels he is


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         1       very, very fortunate doing what he was meant

         2       to do and meant to be, and that is a judge.

         3                  And he has done an outstanding,

         4       outstanding job, and we are very fortunate to

         5       have him dealing with the kinds of cases that

         6       are very difficult, to use the law, to use the

         7       intellect, to use his heart, to use good

         8       judgment and fairness.

         9                  And I wish you good luck as you

        10       continue on your judicial career,

        11       Judge Mullen.

        12                  THE PRESIDENT:    Senator

        13       Marcellino.

        14                  SENATOR MARCELLINO:    Thank you,

        15       Madam President.  I rise to second the

        16       nomination of Judge Mullen.

        17                  Madam President, as you know, I'm

        18       not a lawyer, so I have no reason to suck up

        19       to the judge as some of my colleagues may

        20       have.

        21                  (Laughter.)

        22                  SENATOR MARCELLINO:    I have no

        23       intention of becoming a defendant, to appear

        24       in front of him, so we're going to keep it

        25       that way.


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         1                  And one other thing is I had never

         2       met the gentleman before today.

         3                  However, I have heard nothing but

         4       high praise about his capabilities, both on

         5       and off the bench, from people I respect, not

         6       only in this chamber but outside, who have

         7       called me and told me that this gentleman's

         8       nomination was up and that he was a good

         9       fellow and that I should speak well of him and

        10       vote for him.

        11                  So, Judge, I give you high praise

        12       for the people who praise you and care about

        13       you, because they speak very well of you, and

        14       that's great.  It's good to have somebody on

        15       the bench who has people outside the

        16       profession who care about him and like him.

        17       That says, in my mind, lots about you.

        18                  So God bless, good luck, and keep

        19       up the good work.

        20                  THE PRESIDENT:    All in favor of

        21       Michael F. Mullen, of Huntington, as a judge

        22       of the Court of Claims please signify by

        23       saying aye.

        24                  (Response of "Aye.")

        25                  THE PRESIDENT:    Opposed, nay.


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         1                  (No response.)

         2                  THE PRESIDENT:    The nominee is

         3       hereby confirmed.

         4                  Judge Mullen, congratulations and

         5       best wishes for continued success.

         6                  (Applause.)

         7                  THE PRESIDENT:    The Secretary

         8       will continue to read.

         9                  THE SECRETARY:    As a judge of the

        10       Court of Claims, Terry J. Ruderman, of

        11       Scarsdale.

        12                  THE PRESIDENT:    Senator

        13       DeFrancisco.

        14                  SENATOR DeFRANCISCO:    I move the

        15       nomination of Terry J. Ruderman for a Court of

        16       Claims position and request that you call on

        17       Senator Leibell for a second.

        18                  THE PRESIDENT:    Senator Leibell.

        19                  SENATOR LEIBELL:    Thank you,

        20       Madam President.

        21                  And once again, I'm sorry that my

        22       colleague Senator Spano is in a meeting right

        23       now and could not be here.

        24                  But I have had the good fortune to

        25       know Judge Ruderman and her family for many


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         1       years now, and I can attest to what a fine

         2       attorney she is, both in private and a long

         3       and distinguished career in government

         4       service.  This is a great nomination to have

         5       before this body.  She has served the people

         6       of Westchester County and the people of the

         7       State of New York very well and will continue

         8       to do.

         9                  I'd like to move the nomination.

        10                  THE PRESIDENT:    All in favor of

        11       the nomination of Terry J. Ruderman, of

        12       Scarsdale, as a judge of the Court of Claims

        13       please signify by saying aye.

        14                  (Response of "Aye.")

        15                  THE PRESIDENT:    Opposed, nay.

        16                  (No response.)

        17                  THE PRESIDENT:    The nominee is

        18       hereby confirmed.

        19                  She is here with her husband,

        20       Jerold Ruderman.  I know both of them

        21       professionally, and I know of her excellent

        22       accomplishments.  A great nomination, great

        23       confirmation.

        24                  Best wishes for continued success.

        25                  (Applause.)


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         1                  THE PRESIDENT:    The Secretary

         2       will continue to read.

         3                  THE SECRETARY:    As a judge of the

         4       Court of Claims, Thomas H. Scuccimarra, of

         5       Garrison.

         6                  THE PRESIDENT:    Senator

         7       DeFrancisco.

         8                  SENATOR DeFRANCISCO:    I rise to

         9       move the nomination of Thomas H. Scuccimarra

        10       and again call on our professional seconder,

        11       Senator Leibell.

        12                  THE PRESIDENT:    Senator Leibell.

        13                  SENATOR LEIBELL:    Thank you.

        14       Thank you very much.

        15                  And once again, I am pleased to

        16       speak on a nomination.  And also I've known

        17       Judge Scuccimarra and his family for many

        18       years.

        19                  In fact, I have a picture in my

        20       office here in Albany of my last term in the

        21       Assembly where the judge, when he was serving

        22       as a town judge in the town of Philipstown, in

        23       Putnam County, administered the oath of office

        24       for my last term.  I don't know how many of

        25       you would consider that to be a


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         1       recommendation.  I like to think it is.

         2                  But certainly the judge has had a

         3       great and distinguished career also, one of

         4       the most prominent private practitioners in

         5       Westchester and Putnam counties.  We're most

         6       fortunate that he went onto the bench.  I know

         7       that he will continue to serve all the people

         8       of this state with great dignity and

         9       professionalism.

        10                  I'd like to move the nomination.

        11                  THE PRESIDENT:    All in favor of

        12       the nomination of Thomas H. Scuccimarra, of

        13       Garrison, as a judge of the Court of Claims

        14       please signify by saying aye.

        15                  (Response of "Aye.")

        16                  THE PRESIDENT:    Opposed, nay.

        17                  (No response.)

        18                  THE PRESIDENT:    The nominee is

        19       hereby confirmed.

        20                  Judge Scuccimarra, congratulations

        21       and best wishes for success.

        22                  (Applause.)

        23                  THE PRESIDENT:    The Secretary

        24       will continue to read.

        25                  THE SECRETARY:    As a judge of the


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         1       Court of Claims, Norman I. Siegel, of

         2       New Hartford.

         3                  THE PRESIDENT:    Senator

         4       DeFrancisco.

         5                  SENATOR DeFRANCISCO:    I move the

         6       nomination of Norman Siegel for a Court of

         7       Claims position and ask you to call on Senator

         8       Meier to second.

         9                  THE PRESIDENT:    Senator Meier.

        10                  SENATOR MEIER:    Thank you, Madam

        11       President.

        12                  Senator Leibell desperately wanted

        13       to second this, but he's just exhausted, poor

        14       man.

        15                  (Laughter.)

        16                  SENATOR MEIER:    I have known Norm

        17       Siegel for a long time.  And I think it speaks

        18       volumes about Norm and helps you understand

        19       him if you know that despite his many

        20       accomplishments in the community and as a

        21       lawyer, I think he's proudest and finds the

        22       most satisfaction in life in being Ann's

        23       husband and in being the father to his

        24       daughters and the grandfather to his beautiful

        25       grandchildren and a friend to many people.


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         1       And I'm proud to count myself among the

         2       legions of people who are fortunate enough to

         3       be in that company.

         4                  And I can also say, Madam

         5       President, that as a lawyer I know Norm Siegel

         6       just about any way you could know a lawyer.

         7       He was once, when I was corporation counsel in

         8       the City of Rome, my adversary, and to my

         9       chagrin he took large amounts of money out of

        10       the City of Rome in the form of certiorari

        11       proceedings, where he was renowned as a

        12       practitioner.

        13                  And I've also known Norm Siegel as

        14       a client.  Because when I was the county

        15       executive of the County of Oneida, when it

        16       came time to hire a county attorney and to

        17       find someone who was the very best in terms of

        18       legal talent and judgment and in whose advice

        19       I could take great confidence, I asked Norm to

        20       serve in that capacity.

        21                  And then I've been privileged for a

        22       few years to practice law with him in the same

        23       law firm.

        24                  For obvious reasons, I did not have

        25       the pleasure of practicing in front of him


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         1       while he's been sitting these last few years

         2       on the Court of Claims, but I know many

         3       lawyers who have, and they have found him to

         4       be unfailingly fair and courteous.

         5                  Norm referred to himself today when

         6       he appeared before the Judiciary Committee as

         7       being lawyer-friendly, and I think a lot of

         8       lawyers sometimes kind of look with dismay at

         9       some of their former colleagues who seem to

        10       change character a little bit when they go on

        11       the other side of the bench.  And that has

        12       never been the way Norm has conducted his

        13       life.

        14                  I always tell young lawyers, you

        15       can find law in law books, but that's not

        16       where you go to find justice.  You find

        17       justice in a courtroom that's presided over by

        18       a judge who doesn't just know the law but who

        19       has broad experience in life and who brings

        20       common sense and compassion and a sense of

        21       fair play that can only be found here, in

        22       someone's heart.

        23                  That's the kind of judge Norm

        24       Siegel is.  That's the kind of man he is.  And

        25       I'm proud to second his nomination today.


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         1                  THE PRESIDENT:    All in favor of

         2       the nomination of Norman I. Siegel, of

         3       New Hartford, as a judge of the Court of

         4       Claims please signify by saying aye.

         5                  (Response of "Aye.")

         6                  THE PRESIDENT:    Opposed, nay.

         7                  (No response.)

         8                  THE PRESIDENT:    The nominee is

         9       hereby confirmed.

        10                  Congratulations, Judge Siegel.

        11       Best wishes to you.

        12                  (Applause.)

        13                  THE PRESIDENT:    The Secretary

        14       will continue to read.

        15                  THE SECRETARY:    As a justice of

        16       the Supreme Court of the Second Judicial

        17       District, Michael V. Ajello, of Staten Island.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       DeFrancisco.

        20                  SENATOR DeFRANCISCO:    I move the

        21       nomination of Michael Ajello, of Staten

        22       Island, as a justice of the Supreme Court of

        23       the Second Judicial District, and request that

        24       you please call on Senator Maltese to second

        25       the nomination.


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         1                  ACTING PRESIDENT YOUNG:    Thank

         2       you, Senator DeFrancisco.

         3                  Senator Maltese.

         4                  SENATOR MALTESE:    Madam

         5       President, I rise to second the nomination of

         6       Michael Ajello as a justice of the Supreme

         7       Court.

         8                  First of all, I've known Justice

         9       Ajello for many, many years.  He has

        10       previously served as a justice of the Supreme

        11       Court in an interim term and has been

        12       commended by all, bench and bar, in that

        13       capacity.

        14                  In addition, he has run for the

        15       office of Supreme Court many times and been

        16       approved unanimously by all the bar

        17       associations that had or considered his

        18       nominations.

        19                  Further, he was in the field of

        20       private practice for 38 years.  And the

        21       background that that gives you I think well

        22       prepares you for the tasks before you on the

        23       bench.

        24                  In addition, he served as an

        25       arbitrator in small claims court and served as


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         1       a special assistant district attorney.  So

         2       both civil and criminal, he has excelled.

         3                  I commend the Governor on this

         4       nomination and am proud to second the

         5       nomination of Michael Ajello as justice of the

         6       Supreme Court.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Maltese.

         9                  The question is on the nomination

        10       of Michael V. Ajello, of Staten Island, as a

        11       justice of the Supreme Court of the Second

        12       Judicial District.  All in favor signify by

        13       saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT YOUNG:    Opposed,

        16       nay.

        17                  (No response.)

        18                  ACTING PRESIDENT YOUNG:    Michael

        19       Ajello, of Staten Island, is hereby confirmed

        20       as a justice of the Supreme Court of the

        21       Second Judicial District.

        22                  Congratulations.

        23                  (Applause.)

        24                  ACTING PRESIDENT YOUNG:    Judge

        25       Ajello is accompanied by his wife, Mary Ann,


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         1       and his sister-in-law, Margie Panzera.

         2                  Congratulations.

         3                  The Secretary will read.

         4                  THE SECRETARY:    As a justice of

         5       the Supreme Court of the Second Judicial

         6       District, Anthony I. Giacobbe, of Staten

         7       Island.

         8                  ACTING PRESIDENT YOUNG:    Senator

         9       DeFrancisco.

        10                  SENATOR DeFRANCISCO:    I move the

        11       nomination of Anthony Giacobbe for justice of

        12       the Supreme Court, Second Judicial District.

        13                  I should have mentioned before the

        14       last nominee, and pertaining to this nominee,

        15       that Senator Marchi wanted to be here, he was

        16       here earlier and he had to step out of the

        17       chambers, or he would -- he definitely wanted

        18       to speak on both of these nominations.

        19                  But in his absence, I would request

        20       that you recognize Senator Golden to second

        21       the nomination.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you.

        24                  Senator Golden.

        25                  SENATOR GOLDEN:    Madam President,


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         1       I thank the Senator for allowing me to speak

         2       as a second here and for Senator Marchi as

         3       well, who is a great Senator and a great man

         4       and couldn't be here at this moment.

         5                  Anthony Giacobbe is a good friend

         6       of ours and a good friend of John Fusco, Judge

         7       Fusco, and of many on Staten Island and in

         8       Brooklyn, and has done a great job.

         9                  And if you take a look at this

        10       man's resume, from the United States Army, as

        11       a judge advocate, to working in the Kings

        12       County, of New York City, working with another

        13       judge, Mark Constantino, as his law secretary,

        14       going in private practice, working in Richmond

        15       County in the district attorney's office,

        16       being on the City Council as a city councilman

        17       at large in the City of New York, working with

        18       the borough president of Staten Island,

        19       working with the New York State Assembly,

        20       being an adjunct professor at St. John's

        21       University, working at the City Planning

        22       Commission of the City of New York from 1990

        23       to the year 2000, from having his own law

        24       practice to sitting on the bench since 2000.

        25       Well-rounded, well-studied, very fair, very


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         1       honest, and the eminence in professionalism.

         2                  We congratulate this great man and

         3       his family, and the County of Staten Island

         4       and County of Richmond is lucky to have both

         5       of these great judges.

         6                  And congratulations to you, and I

         7       second this nomination.

         8                  ACTING PRESIDENT YOUNG:    Thank

         9       you, Senator Golden.

        10                  The question is on the nomination

        11       of Anthony I. Giacobbe, of Staten Island, as a

        12       justice of the Supreme Court of the Second

        13       Judicial District.  All in favor signify by

        14       saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT YOUNG:    Opposed,

        17       nay.

        18                  (No response.)

        19                  ACTING PRESIDENT YOUNG:    Anthony

        20       I. Giacobbe is hereby confirmed as a justice

        21       of the Supreme Court of the Second Judicial

        22       District.

        23                  Judge Giacobbe is accompanied by

        24       his son, Mark; his aunt, Gemma Caramenta; Joy

        25       Spinelli and her mother, Elena Spinelli.


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         1                  Congratulations.

         2                  (Applause.)

         3                  ACTING PRESIDENT YOUNG:    The

         4       Secretary will read.

         5                  THE SECRETARY:    As a judge of the

         6       Nassau County Family Court, Merik R. Aaron, of

         7       Hewlett Harbor.

         8                  ACTING PRESIDENT YOUNG:    Senator

         9       DeFrancisco.

        10                  SENATOR DeFRANCISCO:    I move the

        11       nomination of Merik Aaron as a judge of the

        12       Nassau County Family Court and request that

        13       you recognize Senator Skelos to second the

        14       nomination.

        15                  ACTING PRESIDENT YOUNG:    Senator

        16       Skelos.

        17                  SENATOR SKELOS:    Thank you, Madam

        18       President.

        19                  And thank you, Senator DeFrancisco,

        20       for affording me the opportunity and pleasure

        21       to move the nomination of Merik Aaron as a

        22       Family Court judge in the County of Nassau.

        23                  I think we all know the sensitivity

        24       and the tough issues that our Family Courts

        25       deal with throughout the state.  I'm confident


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         1       that Rick, with his -- I guess I'm probably

         2       going to have to call him "Judge" after this.

         3       That's probably the last time I'm going to be

         4       calling you "Rick."

         5                  But he has the sensitivity and

         6       certainly the knowledge and the desire to

         7       serve as a judge, and he will serve well as a

         8       Family Court judge.

         9                  His qualifications, whether it's as

        10       a teacher, whether it's as an adjunct

        11       professor, whether as a practicing attorney or

        12       working within the Town of Hempstead, he has

        13       an exemplary record in terms of service to our

        14       community.

        15                  And certainly his entire family --

        16       and I know his wife, Karen, is here -- are

        17       active participants, constantly giving back to

        18       the Five Towns community which I represent and

        19       other areas of our great County of Nassau.

        20                  So it's my pleasure to support

        21       Senator DeFrancisco and move the nomination of

        22       Merik Aaron as a Family Court judge, County of

        23       Nassau.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Skelos.


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         1                  Senator Balboni.

         2                  SENATOR BALBONI:    Yes, Madam

         3       President.  I rise because I want to echo the

         4       sentiments of Senator Skelos but also make

         5       note of the fact that we have, in Judge Aaron,

         6       the kind of sensitivity and appreciation for

         7       the human condition that will make him an

         8       optimal Family Court judge.

         9                  He brings a lot to the table

        10       legally and intellectually, but he also has

        11       this wonderful personality.  And he really

        12       appreciates the differing backgrounds that

        13       people have.  And I think he'll be one of the

        14       true voices of reason in what can oftentimes

        15       be a maelstrom of emotions in the Family

        16       Court.

        17                  I second the nomination.

        18                  Thank you, Madam President.

        19                  ACTING PRESIDENT YOUNG:    Thank

        20       you, Senator Balboni.

        21                  Senator Fuschillo.

        22                  SENATOR FUSCHILLO:    Yes, Madam

        23       President, briefly.  I just want to echo the

        24       sentiments of Senator Skelos and Senator

        25       Balboni.


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         1                  You know, Rick, I never thought

         2       this day would come where I'd be sitting in

         3       the Senate and you'd be sitting up there.  As

         4       somebody who grew up next to you as a kid in

         5       Carle Place, Westbury, where you were the

         6       chair in Carle Place High School.  Times have

         7       certainly changed.

         8                  And I congratulate you.  And I

         9       think Senator Skelos said it best, that you

        10       have the right temperament to deal with the

        11       critical issues that come before the Family

        12       Court.

        13                  Congratulations to you and your

        14       family.

        15                  ACTING PRESIDENT YOUNG:    Thank

        16       you, Senator Fuschillo.

        17                  Senator Marcellino.

        18                  SENATOR MARCELLINO:    Thank you,

        19       Madam President.

        20                  I also rise to congratulate Rick

        21       Aaron on his elevation to the Family Court, a

        22       most difficult court, one that sees families

        23       most of the time at their worst.  So we need

        24       judges who have the right temperament and the

        25       ability to see things as they should be and to


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         1       make it work.

         2                  So I congratulate the Governor on

         3       this appointment.  It's a good one.

         4                  And, Rick, do a great job.  I know

         5       you will.  God bless.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you, Senator.

         8                  The question is on the nomination

         9       of Merik R. Aaron, of Hewlett Harbor, as a

        10       judge of the Nassau Family Court.  All in

        11       favor signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT YOUNG:    Opposed,

        14       nay.

        15                  (No response.)

        16                  ACTING PRESIDENT YOUNG:    Merik R.

        17       Aaron is hereby confirmed as a judge of the

        18       Nassau County Family Court.

        19                  Judge Aaron is accompanied by his

        20       wife, Karen, and his daughter, Stacy.

        21                  Congratulations.

        22                  (Applause.)

        23                  ACTING PRESIDENT YOUNG:    The

        24       Secretary will read.

        25                  THE SECRETARY:    As a judge of the


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         1       Rockland County Court, Karen Amanda Riley, of

         2       Suffern.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       DeFrancisco.

         5                  SENATOR DeFRANCISCO:    I rise to

         6       move the final nomination this morning, or

         7       this afternoon -- probably evening.  In case

         8       there weren't enough today -- we had 17 today,

         9       we'll have 18 tomorrow.  So don't despair.

        10                  I move the nomination of Karen

        11       Riley as a judge of the Rockland County Court,

        12       and request that you call on Senator Morahan

        13       to second the nomination.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator.

        16                  Senator Morahan.

        17                  SENATOR MORAHAN:    Thank you,

        18       Madam President.

        19                  I am truly proud to rise to second

        20       the nomination of Karen Riley.  Karen is an

        21       experienced prosecutor, a young woman who has

        22       worked her way through college, worked her way

        23       through law school at night, worked in the

        24       interim in the human resources field, taken a

        25       break between her undergraduate work and her


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         1       law school, where she graduated from Pace

         2       University cum laude.

         3                  She has ten years experience in the

         4       Rockland County district attorney's office.

         5       In that capacity, she has prosecuted murders,

         6       attempted murders, homicides, robberies and

         7       sex offenders.

         8                  I think she comes eminently

         9       qualified in this day and age where we have

        10       surfaced so many sex crimes in this state, in

        11       that she was training other assistant DAs in

        12       that form of prosecution.  That she has, over

        13       the years, prosecuted and represented the

        14       district attorney in the prosecution of

        15       sex-offender cases.

        16                  She's admired by all back home.

        17       And as her Senator, I am delighted to second

        18       her nomination and to welcome Karen and her

        19       husband, Christopher, to the chamber today.

        20                  Thank you.

        21                  ACTING PRESIDENT YOUNG:    Thank

        22       you, Senator.

        23                  The question is on the nomination

        24       of Karen Amanda Riley, of Suffern, as a judge

        25       of the Rockland County Court.  All in favor


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         1       signify by saying aye.

         2                  (Response of "Aye.")

         3                  ACTING PRESIDENT YOUNG:    Opposed,

         4       nay.

         5                  (No response.)

         6                  ACTING PRESIDENT YOUNG:    Karen

         7       Amanda Riley is hereby confirmed as a judge of

         8       the Rockland County Court.

         9                  Judge Riley is accompanied by her

        10       husband, Christopher.

        11                  Congratulations.

        12                  (Applause.)

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Fuschillo.

        15                  SENATOR FUSCHILLO:    Madam

        16       President, may we please return to the order

        17       of motions and resolutions.

        18                  And please take up Resolution 6068,

        19       by Senator Hassell-Thompson, have its title

        20       read only, and please recognize Senator

        21       Hassell-Thompson.

        22                  ACTING PRESIDENT YOUNG:    Motions

        23       and resolutions.

        24                  The Secretary will read.

        25                  THE SECRETARY:    By Senator


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         1       Hassell-Thompson, Legislative Resolution

         2       Number 6068, memorializing Governor George E.

         3       Pataki to proclaim October 26, 2006, as Walk

         4       with Me Day in the State of New York.

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Hassell-Thompson.

         7                  SENATOR HASSELL-THOMPSON:    Thank

         8       you, Madam President.

         9                  Four years ago, the Bronx borough

        10       president appointed Naomi Rivera and myself to

        11       become the chairs of the task force for

        12       domestic violence in the Bronx.  And one of

        13       the projects that Assemblywoman Rivera brought

        14       to the Legislature was a "walk with me"

        15       concept that says for men and women to get out

        16       and march and to walk against domestic

        17       violence.

        18                  This resolution calls for the

        19       Governor to proclaim October 26th as Walk with

        20       Me Day.  Last year, campuses across the State

        21       of New York became involved; 26 college

        22       campuses had Walk with Me Days.  And we are

        23       hoping to increase that number of college

        24       campuses across this state, and to neighboring

        25       states, to raise the consciousness about


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         1       domestic violence.

         2                  So I would appreciate and open this

         3       resolution in the State Senate to each of my

         4       colleagues and ask for their support for a

         5       cause and a condition that plagues and

         6       destroys families.

         7                  One of my other concerns is that we

         8       not only look at the punitive side of the

         9       issue of domestic violence but we begin to

        10       look at how do we treat and change the cycle

        11       of domestic violence from one generation to

        12       another.

        13                  So I thank my colleagues, and I

        14       thank you for this opportunity to speak on

        15       this resolution and would hope that my

        16       colleagues would sign on and support it.

        17                  Thank you, Madam President.

        18                  ACTING PRESIDENT YOUNG:    Thank

        19       you, Senator.

        20                  On the resolution, all in favor

        21       signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT YOUNG:    Opposed,

        24       nay.

        25                  (No response.)


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         1                  ACTING PRESIDENT YOUNG:    The

         2       resolution is adopted.

         3                  Senator Fuschillo.

         4                  SENATOR FUSCHILLO:    Senator

         5       Hassell-Thompson has requested to open it up

         6       for cosponsorship.

         7                  To follow the normal rules of the

         8       house, put all the members on it.  And anybody

         9       who wishes not to be on it, please let the

        10       desk know.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator.  Any member not wishing to be on

        13       resolution please notify the desk.

        14                  Senator Fuschillo.

        15                  SENATOR FUSCHILLO:    Madam

        16       President, Resolution 6135, by Senator

        17       Maziarz, is at the desk.  May we please have

        18       it read in its entirety, move for its

        19       immediate adoption, and recognize Senator

        20       Maziarz.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Secretary will read.

        23                  THE SECRETARY:    By Senator

        24       Maziarz, Legislative Resolution Number 6135,

        25       commending Relax on Cloud Nine, License


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         1       Monitor, and Matrix Imaging Solutions upon the

         2       occasion of their induction into the New York

         3       State Small Business Development Center's Hall

         4       of Fame.

         5                  "WHEREAS, It is the sense of this

         6       Legislative Body to recognize that small

         7       businesses greatly contribute to the economic

         8       vitality of communities across New York State;

         9       and

        10                  "WHEREAS, Events which honor small

        11       businesses help to enhance the free enterprise

        12       system upon which our nation was built; and

        13                  "WHEREAS, This Legislative Body is

        14       justly proud to commend Relax on Cloud Nine,

        15       License Monitor, and Matrix Imaging Solutions

        16       upon the occasion of their induction into the

        17       New York State Small Business Development

        18       Center's Hall of Fame at the Awards Banquet on

        19       Tuesday, June 20, 2006, at Jack's Oyster

        20       House, Albany, New York; and

        21                  "WHEREAS, The individuals selected

        22       for the Small Business Development Center

        23       (SBDC) Hall of Fame are the most outstanding

        24       clients assisted by the program between 1984

        25       and 2006.  Their selection is the result of a


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         1       process that involves the entire organization;

         2       and

         3                  "WHEREAS, The SBDC honors three

         4       business owners that embody the best

         5       characteristics of entrepreneurs -- vision,

         6       confidence, hard work, dedication, creativity,

         7       flexibility, drive, and organization -- by

         8       inducting them as members of the SBDC Hall of

         9       Fame; and

        10                  "WHEREAS, The New York State Small

        11       Business Development Center has, for over two

        12       decades, provided the highest-quality,

        13       pro bono business counseling, business

        14       training, and focused industry-specific

        15       business research -- in partnership with the

        16       U.S. Small Business Administration and the

        17       State University of New York -- to thousands

        18       of New Yorkers who want to start a small

        19       business or improve the performance of an

        20       existing business; and

        21                  "WHEREAS, Over the course of these

        22       20 plus years, the SBDC has emphasized

        23       technology and technology-related businesses

        24       as a way of achieving greater efficiency and

        25       promoting the long-term growth of the New York


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         1       economy; and

         2                  "WHEREAS, The SBDC has measured its

         3       success one small business client at a time,

         4       and has elevated to a special business Hall of

         5       Fame over 30 outstanding New York businesses

         6       that have had an overwhelmingly positive

         7       long-term impact on their communities; and

         8                  "WHEREAS, The distinguished 32

         9       members of the SBDC Hall of Fame have been

        10       expanded this year to include three new

        11       inductees; and

        12                  "WHEREAS, Small businesses exert a

        13       strong positive influence on our communities,

        14       and the future welfare of New York State

        15       depends on the continued development of small

        16       businesses; now, therefore, be it

        17                  "RESOLVED, That this Legislative

        18       Body pause in its deliberations to commend

        19       Relax on Cloud Nine, License Monitor, and

        20       Matrix Imaging Solutions upon the occasion of

        21       their induction into the New York State Small

        22       Business Development Center's Hall of Fame;

        23       and be it further

        24                  "RESOLVED, That copies of this

        25       resolution, suitably engrossed, be transmitted


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         1       to Relax on Cloud Nine, License Monitor, and

         2       Matrix Imaging Solutions."

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Maziarz.

         5                  SENATOR MAZIARZ:    Thank you very

         6       much, Madam President.

         7                  It's with a great deal of pride

         8       that I want to just join with my colleagues,

         9       Senator John Marchi and Senator Tom Morahan,

        10       in congratulating these three small businesses

        11       in New York State upon their induction into

        12       the Hall of Fame.

        13                  They are truly all Hall of Famers.

        14       They've done great jobs in growing a small

        15       business in New York State to very profitable

        16       status and really assisting a whole lot of

        17       people, and are a real example to other small

        18       businesses in the State of New York.

        19                  And I want to commend the Small

        20       Business Development Center.  Each and every

        21       year in our SUNY budget we have money included

        22       for small business development centers across

        23       the New York.  And these three small

        24       businesses have all benefited from the dollars

        25       that we allocate on an annual basis to the


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         1       SBDCs across this state.

         2                  But most particularly -- three

         3       great businesses, but I do want to mention

         4       particularly Matrix Imaging Solutions, from my

         5       Senate district, and the Olivero family that's

         6       here today.

         7                  Alan has grown this business from

         8       an idea to a very successful corporation today

         9       that's located in two places, in the state of

        10       New York and also a subsidiary in the state of

        11       Texas.  And he really does an excellent job.

        12                  And I always joke around about this

        13       when I mention Alan's business and talk about

        14       the success of it today.  Regardless of where

        15       you live in the United States, or probably

        16       around the world, I am certain that all of you

        17       get a solicitation on a daily basis from a

        18       credit card company or a bank or a financial

        19       institution.  Those are all printed, mailed,

        20       sorted and folded in Niagara County and come

        21       from Matrix Imaging Solutions.  So there's the

        22       guy to blame, right there, for all that mail

        23       that you get.

        24                  On a serious note, Madam President,

        25       these three entrepreneurs have really done a


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         1       great job and are a great example to other

         2       entrepreneurs all across New York.

         3                  Thank you, Madam President.

         4                  ACTING PRESIDENT YOUNG:    Thank

         5       you, Senator Maziarz.

         6                  The question is on the resolution.

         7       All those in favor signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT YOUNG:    Opposed,

        10       nay.

        11                  (No response.)

        12                  ACTING PRESIDENT YOUNG:

        13       Congratulations.  The resolution is adopted.

        14                  (Applause.)

        15                  ACTING PRESIDENT YOUNG:    Senator

        16       Fuschillo.

        17                  SENATOR FUSCHILLO:    Madam

        18       President, are there any other motions at the

        19       desk?

        20                  ACTING PRESIDENT YOUNG:    Senator

        21       Fuschillo, yes, there are.

        22                  Senator Farley.

        23                  SENATOR FARLEY:    Thank you, Madam

        24       President.

        25                  On behalf of Senator Libous, on


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         1       page 39, I offer the following amendments to

         2       Calendar Number 1233, Senate Print 7307A, and

         3       I ask that that bill retain its place on the

         4       Third Reading Calendar.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Farley.

         7                  The amendments are received, and

         8       the bill will retain its place on the Third

         9       Reading Calendar.

        10                  SENATOR FARLEY:    On behalf of

        11       Senator Wright, on page 42, I offer the

        12       following amendments to Calendar Number 1286,

        13       Senate Print 7518A, and I ask that that bill

        14       retain its place on the Third Reading

        15       Calendar.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you, Senator Farley.

        18                  The amendments are received, and

        19       the bill will retain its place on the Third

        20       Reading Calendar.

        21                  SENATOR FARLEY:    Madam President,

        22       on behalf of Senator Saland, on page 39, I

        23       offer the following amendments to Calendar

        24       Number 1236, Senate Print Number 7921A, and I

        25       ask that that bill retain its place on the


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         1       Third Reading Calendar.

         2                  ACTING PRESIDENT YOUNG:    Thank

         3       you, Senator Farley.

         4                  The amendments are received, and

         5       the bill will retain its place on the Third

         6       Reading Calendar.

         7                  SENATOR FARLEY:    Madam President,

         8       on behalf of Senator Padavan, on page 18, I

         9       offer the following amendments to Calendar

        10       Number 628, Senate Print 2164B, and I ask that

        11       that bill retain its place on the Third

        12       Reading Calendar.

        13                  ACTING PRESIDENT YOUNG:    The

        14       amendments are received, and the bill will

        15       retain its place on the Third Reading

        16       Calendar.

        17                  SENATOR FARLEY:    Madam President,

        18       on behalf of Senator Saland, I wish to call up

        19       his bill, Print Number 312, recalled from the

        20       Assembly and it's now at the desk.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       311, by Senator Saland, Senate Print 312, an

        25       act to amend the Penal Law.


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         1                  SENATOR FARLEY:    I now move to

         2       reconsider the vote by which this bill was

         3       passed.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll on reconsideration.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 60.

         8                  SENATOR FARLEY:    Madam President,

         9       I now offer the following amendments.

        10                  ACTING PRESIDENT YOUNG:    The

        11       amendments are received.

        12                  Senator Bonacic.

        13                  SENATOR BONACIC:    Thank you,

        14       Madam President.

        15                  On behalf of Senator Alesi, I wish

        16       to call up Print Number 6365, recalled from

        17       the Assembly, which is now at the desk.

        18                  ACTING PRESIDENT YOUNG:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       175, by Senator Alesi, Senate Print 6365, an

        22       act to amend the Public Health Law.

        23                  SENATOR BONACIC:    Madam

        24       President, I now move to reconsider the vote

        25       by which this bill was passed.


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         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll on reconsideration.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 60.

         5                  SENATOR BONACIC:    Madam

         6       President, I now offer the following

         7       amendments.

         8                  ACTING PRESIDENT YOUNG:    The

         9       amendments are received.

        10                  SENATOR BONACIC:    On behalf of

        11       Senator Little, I wish to call up Print Number

        12       8092, recalled from the Assembly, which is now

        13       at the desk.

        14                  ACTING PRESIDENT YOUNG:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       1762, by Senator Little, Senate Print 8092, an

        18       act to legalize, validate, ratify and confirm.

        19                  SENATOR BONACIC:    Madam

        20       President, I now move to reconsider the vote

        21       by which this bill was passed.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll on reconsideration.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 60.


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         1                  SENATOR BONACIC:    Madam

         2       President, I now offer the following

         3       amendments.

         4                  ACTING PRESIDENT YOUNG:    The

         5       amendments are received.

         6                  SENATOR BONACIC:    Thank you.

         7                  ACTING PRESIDENT YOUNG:    Senator

         8       Fuschillo.

         9                  SENATOR FUSCHILLO:    Madam

        10       President, are there any substitutions at the

        11       desk?

        12                  ACTING PRESIDENT YOUNG:    Yes,

        13       there are.

        14                  SENATOR FUSCHILLO:    Please take

        15       them up.

        16                  ACTING PRESIDENT YOUNG:    The

        17       Secretary will read.

        18                  THE SECRETARY:    On page 16,

        19       Senator Padavan moves to discharge, from the

        20       Committee on Rules, Assembly Bill Number 8034

        21       and substitute it for the identical Senate

        22       Bill Number 4658, Third Reading Calendar 555.

        23                  On page 21, Senator Hannon moves to

        24       discharge, from the Committee on Health,

        25       Assembly Bill Number 5220A and substitute it


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         1       for the identical Senate Bill Number 4797A,

         2       Third Reading Calendar 759.

         3                  On page 22, Senator Diaz moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 10085 and substitute it

         6       for the identical Senate Bill Number 6640,

         7       Third Reading Calendar 772.

         8                  On page 24, Senator Golden moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 10731A and substitute it

        11       for the identical Senate Bill Number 7377A,

        12       Third Reading Calendar 843.

        13                  On page 43, Senator Bruno moves to

        14       discharge, from the Committee on Labor,

        15       Assembly Bill Number 8840C and substitute it

        16       for the identical Senate Bill Number 5728C,

        17       Third Reading Calendar 1315.

        18                  On page 46, Senator Hannon moves to

        19       discharge, from the Committee on Health,

        20       Assembly Bill Number 10891A and substitute it

        21       for the identical Senate Bill Number 7718A,

        22       Third Reading Calendar 1356.

        23                  On page 48, Senator Marcellino

        24       moves to discharge, from the Committee on

        25       Transportation, Assembly Bill Number 6799B and


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         1       substitute it for the identical Senate Bill

         2       Number 3643C, Third Reading Calendar 1403.

         3                  On page 53, Senator Balboni moves

         4       to discharge, from the Committee on Local

         5       Government, Assembly Bill Number 9967 and

         6       substitute it for the identical Senate Bill

         7       Number 7096, Third Reading Calendar 1527.

         8                  On page 58, Senator Golden moves to

         9       discharge, from the Committee on Aging,

        10       Assembly Bill Number 5790 and substitute it

        11       for the identical Senate Bill Number 1195,

        12       Third Reading Calendar 1789.

        13                  On page 59, Senator Leibell moves

        14       to discharge, from the Committee on Rules,

        15       Assembly Bill Number 130 and substitute it for

        16       the identical Senate Bill Number 3646, Third

        17       Reading Calendar 1794.

        18                  On page 59, Senator Spano moves to

        19       discharge, from the Committee on Crime

        20       Victims, Crime and Correction, Assembly Bill

        21       Number 7183A and substitute it for the

        22       identical Senate Bill Number 5119A, Third

        23       Reading Calendar 1797.

        24                  On page 59, Senator Morahan moves

        25       to discharge, from the Committee on Rules,


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         1       Assembly Bill Number 9147A and substitute it

         2       for the identical Senate Bill Number 6310A,

         3       Third Reading Calendar 1798.

         4                  On page 59, Senator Spano moves to

         5       discharge, from the Committee on Rules,

         6       Assembly Bill Number 9288A and substitute it

         7       for the identical Senate Bill Number 6361A,

         8       Third Reading Calendar 1799.

         9                  On page 59, Senator Maziarz moves

        10       to discharge, from the Committee on Local

        11       Government, Assembly Bill Number 10384 and

        12       substitute it for the identical Senate Bill

        13       Number 6623, Third Reading Calendar 1801.

        14                  On page 60, Senator Maziarz moves

        15       to discharge, from the Committee on Rules,

        16       Assembly Bill Number 11009 and substitute it

        17       for the identical Senate Bill Number 7010A,

        18       Third Reading Calendar 1803.

        19                  On page 60, Senator Young moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 10600 and substitute it

        22       for the identical Senate Bill Number 7139,

        23       Third Reading Calendar 1804.

        24                  On page 60, Senator Robach moves to

        25       discharge, from the Committee on Insurance,


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         1       Assembly Bill Number 10179 and substitute it

         2       for the identical Senate Bill Number 7302,

         3       Third Reading Calendar 1806.

         4                  On page 60, Senator Padavan moves

         5       to discharge, from the Committee on Local

         6       Government, Assembly Bill Number 11225 and

         7       substitute it for the identical Senate Bill

         8       Number 7647, Third Reading Calendar 1811.

         9                  On page 61, Senator Spano moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 10591 and substitute it

        12       for the identical Senate Bill Number 7814,

        13       Third Reading Calendar 1817.

        14                  And on page 62, Senator Saland

        15       moves to discharge, from the Committee on

        16       Rules, Assembly Bill Number 11554 and

        17       substitute it for the identical Senate Bill

        18       Number 8060, Third Reading Calendar 1827.

        19                  ACTING PRESIDENT YOUNG:

        20       Substitutions ordered.

        21                  Senator Fuschillo.

        22                  SENATOR FUSCHILLO:    Madam

        23       President, at this time may we please have the

        24       reading of the noncontroversial calendar.

        25                  ACTING PRESIDENT YOUNG:    The


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         1       Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       204, by Senator Leibell, Senate Print 3813A,

         4       an act to amend the Not-For-Profit Corporation

         5       Law and the Penal Law.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect January 1, 2007.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Announce

        14       the results.

        15                  THE SECRETARY:    Ayes, 60.

        16                  ACTING PRESIDENT YOUNG:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       215, by Senator Maziarz, Senate Print 3209B,

        20       an act to amend the Workers' Compensation --

        21                  SENATOR FUSCHILLO:    Lay it aside

        22       for the day, please.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is laid aside for the day.

        25                  THE SECRETARY:    Calendar Number


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         1       229, by Senator Young, Senate Print 6605, an

         2       act to amend the Agriculture and Markets Law.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 58.  Nays,

        13       2.  Senators Andrews and Hassell-Thompson

        14       recorded in the negative.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       249, by Senator Padavan, Senate Print 3972A,

        19       an act to amend the Retirement and Social

        20       Security Law.

        21                  ACTING PRESIDENT YOUNG:    There is

        22       a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.


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         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 60.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       338, by Senator Spano, Senate Print 6005, an

        11       act to amend the Arts and Cultural Affairs

        12       Law.

        13                  ACTING PRESIDENT YOUNG:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT YOUNG:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT YOUNG:    Announce

        21       the results.

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       553, by Senator Padavan --

         2                  SENATOR FUSCHILLO:    Lay it aside

         3       for the day, please.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is laid aside for the day.

         6                  THE SECRETARY:    Calendar Number

         7       554, by Senator Padavan, Senate Print 4575, an

         8       act to amend the Administrative Code of the

         9       City of New York.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       555, substituted earlier today by Member of

        24       the Assembly Grannis, Assembly Print Number

        25       8034, an act to amend the Administrative Code


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         1       of the City of New York.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 60.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       557, by Senator Padavan, Senate Print 4970A,

        16       an act to amend the Administrative Code of the

        17       City of New York.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 60.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       688, by Senator Young, Senate Print 6820C, an

         7       act to amend the Parks, Recreation and

         8       Historic Preservation Law.

         9                  ACTING PRESIDENT YOUNG:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 4.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       726, by Senator Bonacic, Senate Print 6952C,

        23       an act to authorize the City of Port Jervis.

        24                  ACTING PRESIDENT YOUNG:    There is

        25       a home-rule message at the desk.


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         1                  Read the last section.

         2                  THE SECRETARY:    Section 6.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 726:  Ayes, 60.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       759, substituted earlier today by Member of

        15       the Assembly John, Assembly Print Number

        16       5220A, an act to amend the Public Health Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 8.  This

        20       act shall take effect on the 120th day.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


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         1                  THE SECRETARY:    Ayes, 60.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       772, substituted earlier today by Member of

         6       the Assembly Diaz, Assembly Print Number

         7       10085, an act to amend the Executive Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 60.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       843, substituted earlier today by Member of

        22       the Assembly Abbate, Assembly Print Number

        23       10731A, an act to amend the Retirement and

        24       Social Security Law.

        25                  ACTING PRESIDENT YOUNG:    Read the


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         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 60.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       990, by Senator Little, Senate Print 7755A, an

        14       act to amend the General Municipal Law and

        15       others.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 6.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 60.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1012, by Senator Seward, Senate Print 7104, an

         5       act to amend the --

         6                  SENATOR HASSELL-THOMPSON:    Lay it

         7       aside.

         8                  ACTING PRESIDENT YOUNG:    The bill

         9       is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       1030, by Senator Farley, Senate Print 7426A,

        12       an act to amend the Public Health Law.

        13                  ACTING PRESIDENT YOUNG:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect on the same date and in

        17       the same manner as a chapter of the Laws of

        18       2006.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  THE SECRETARY:    Ayes, 60.

        25                  ACTING PRESIDENT YOUNG:    The bill


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         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1075, by Senator Marchi --

         4                  SENATOR FUSCHILLO:    Lay it aside

         5       for the day, please.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is laid aside for the day.

         8                  THE SECRETARY:    Calendar Number

         9       1094, by Senator Larkin, Senate Print 7600A,

        10       an act to amend the Alcoholic Beverage Control

        11       Law.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 59.  Nays,

        22       1.  Senator Duane recorded in the negative.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       1101, by Senator Spano, Senate Print 7816A, an

         2       act to amend the Social Services Law.

         3                  ACTING PRESIDENT YOUNG:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 4.  This

         6       act shall take effect on the 90th day.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1190, by Senator Trunzo, Senate Print 3821, an

        17       act to amend the Agriculture and Markets Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 60th day.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 60.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1315, substituted earlier today by the

         7       Assembly Committee on Rules, Assembly Print

         8       Number 8840C, an act to amend the Workers'

         9       Compensation Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect April 1, 2006.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1356, substituted earlier today by Member of

        24       the Assembly Gunther, Assembly Print Number

        25       10891A, an act to amend the Public Health Law.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 60.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1379, by Senator Volker, Senate Print 879A, an

        15       act to amend the Criminal Procedure Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 180th day.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Volker, to explain his vote.

        25                  SENATOR VOLKER:    I just want


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         1       everybody to be aware of this bill, which

         2       would designate the sergeant-at-arms of the

         3       Senate and the Assembly as criminal -- as

         4       peace officers.  They are already peace

         5       officers under other areas of the law.

         6                  The reason I say that is that both

         7       leaders, Senator Bruno and Speaker Silver,

         8       have been apprised of this.  And this bill

         9       will only go to the Governor if both leaders

        10       agree.

        11                  The reason for this bill has

        12       nothing to do with guns.  We've got to get

        13       that out of there, because it doesn't -- the

        14       leaders have the decision whether anybody

        15       carries a weapon or not.  This has to do with

        16       liability and authority.

        17                  We've had several major incidents

        18       in both houses involving assaults and so

        19       forth, and many people believe that what is

        20       necessary is that this should be the peace

        21       officer status, which does give additional

        22       status under the Criminal Procedure Law,

        23       should be given to our -- meaning our people

        24       in this chamber and in the other chamber.

        25                  But the decision as to whether this


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         1       is done or not will obviously be made by both

         2       the Majority Leader and the Speaker.  If

         3       either one disagrees, then this bill isn't

         4       going to go on to the Governor.  I just want

         5       everybody to understand that.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you, Senator Volker.  You will be recorded in

         8       the affirmative.

         9                  Announce the results.

        10                  THE SECRETARY:    Ayes, 60.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1390, by Senator Duane, Senate Print 6619A, an

        15       act to amend the Civil Rights Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 60.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1403, substituted earlier today by Member of

         5       the Assembly Colton, Assembly Print Number

         6       6799B, an act to amend the Vehicle and Traffic

         7       Law and the State Finance Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1462, by Senator Maltese, Senate Print 6835,

        22       an act to amend the Retirement and Social

        23       Security Law.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1480, by Senator Flanagan, Senate Print 7621A,

        13       an act to amend the Education Law.

        14                  ACTING PRESIDENT YOUNG:    Read the

        15       last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT YOUNG:    Call the

        19       roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT YOUNG:    Announce

        22       the results.

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT YOUNG:    The bill

        25       is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       1487, by Senator Morahan, Senate Print 6779A,

         3       an act relating to school bus travel.

         4                  ACTING PRESIDENT YOUNG:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the 120th day.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT YOUNG:    Announce

        12       the results.

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT YOUNG:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1497, by Senator Winner, Senate Print 6542A,

        18       an act to amend the Tax Law.

        19                  ACTING PRESIDENT YOUNG:    There is

        20       a local fiscal impact note at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 60.  Nays,

         5       1.  Senator Valesky recorded in the negative.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1499, by Senator Skelos, Senate Print 7135A,

        10       an act to amend the Public Officers Law and

        11       the Civil Practice Law and Rules.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 8.  This

        15       act shall take effect on the 30th day.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1527, substituted earlier today by Member of


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         1       the Assembly DiNapoli, Assembly Print Number

         2       9967, an act to amend Chapter 602 of the Laws

         3       of 1993.

         4                  ACTING PRESIDENT YOUNG:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT YOUNG:    Announce

        12       the results.

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT YOUNG:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1528, by Senator Larkin, Senate Print 7156A,

        18       an act to authorize the City of Kingston.

        19                  ACTING PRESIDENT YOUNG:    There is

        20       a home-rule message at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 4.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1537, by Senator Balboni, Senate Print 7570A,

         9       an act to authorize the Town of North

        10       Hempstead.

        11                  ACTING PRESIDENT YOUNG:    There is

        12       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 YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1632, by Senator Skelos, Senate Print 6541, an


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         1       act to amend the Tax Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the first of January.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1687, by Senator Larkin, Senate Print 6693B,

        16       an act to amend the Agriculture and Markets

        17       Law and others.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 5.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1721, by Senator Leibell, Senate Print 7713A,

         7       an act to amend the Not-For-Profit Corporation

         8       Law.

         9                  ACTING PRESIDENT YOUNG:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the 60th day.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 61.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1789, substituted earlier today by Member of

        23       the Assembly Aubertine, Assembly Print Number

        24       5790, an act to amend the Vehicle and Traffic

        25       Law.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1790, by Senator Nozzolio, Senate Print 1270A,

        15       an act to amend the Penal Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the first of

        20       November.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


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         1                  THE SECRETARY:    Ayes, 62.  Nays,

         2       0.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1792, by Senator Morahan, Senate Print 3328,

         7       an act to amend the Penal Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 4.  This

        11       act shall take effect on the first of

        12       November.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 60.  Nays,

        19       2.  Senators Duane and Hassell-Thompson

        20       recorded in the negative.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1793, by Senator Skelos, Senate Print 3506B,

        25       an act to amend the Correction Law.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 31.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Senator

         9       Montgomery.

        10                  SENATOR MONTGOMERY:    Yes, Madam

        11       President, to explain my vote.

        12                  I have opposed this legislation in

        13       the past, and I continue to oppose it because

        14       it includes in the requirement for the new

        15       level of registration all of the levels

        16       including Level 1.  And I would agree with it

        17       except it does include Level 1.

        18                  So I'm going to continue to oppose

        19       this legislation.  I vote no.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator Montgomery.  You will be recorded

        22       in the negative.

        23                  Announce the results.

        24                  THE SECRETARY:    Ayes, 60.  Nays,

        25       2.  Senators Duane and Montgomery recorded in


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         1       the negative.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1794, substituted earlier today by Member of

         6       the Assembly Bradley, Assembly Print Number

         7       130, an act to amend the Vehicle and Traffic

         8       Law.

         9                  ACTING PRESIDENT YOUNG:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the 90th day.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1796, by Senator Golden, Senate Print 5031, an

        23       act to amend the Executive Law.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 61.  Nays,

         9       1.  Senator Duane recorded in the negative.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1797, substituted earlier today by Member of

        14       the Assembly Paulin, Assembly Print Number

        15       7183A, an act authorizing and conferring

        16       jurisdiction.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 5.  This

        20       act shall take effect on the same date as

        21       Chapter 408 of the Laws of 2005.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1798, substituted earlier by Member of the

         7       Assembly Zebrowski, Assembly Print Number

         8       9147A, an act to amend the Vehicle and Traffic

         9       Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect on the 180th day.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1799, substituted earlier today by Member of

        24       the Assembly Brodsky, Assembly Print Number

        25       9288A, an act to amend the Vehicle and Traffic


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         1       Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect on the 120th day.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1800, by Senator Little, Senate Print 6504A,

        16       an act to amend Chapter 80 of the Laws of 2000

        17       amending the Education Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 3.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Senator


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         1       DeFrancisco, to explain his vote.

         2                  SENATOR DeFRANCISCO:    Yes, I'm

         3       going to vote yes.  And I certainly understand

         4       the need for this bill.

         5                  But on the other hand, there are

         6       many, many young people who want to be

         7       veterinarians in this state.  Unfortunately,

         8       there's not enough veterinarian schools or the

         9       schools aren't large enough, so we pass bills

        10       such as this while we reject kids, young

        11       people who are well-qualified to become

        12       veterinarians, from going to vet school.  It

        13       just makes absolutely no sense.

        14                  In fact, it's more difficult to get

        15       into veterinarian school than it is into

        16       medicine school, in many instances.  So if you

        17       have young people from our state ready,

        18       willing, able, anxious and dying to become

        19       veterinarians, we should expand the ability of

        20       them to become it, one, by increasing the

        21       educational opportunities rather than having

        22       to pass a bill like this because of the

        23       drastic need to service underserved areas.

        24                  Thank you.

        25                  ACTING PRESIDENT YOUNG:    Thank


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         1       you, Senator.

         2                  Senator Little, to explain her

         3       vote.

         4                  SENATOR LITTLE:    Thank you, Madam

         5       President.

         6                  I agree with Senator DeFrancisco

         7       that there is a shortage of veterinarians in

         8       New York State.  And I appreciate the fact

         9       that we are able to extend this provision once

        10       again.  I thank Senator LaValle and the Higher

        11       Education Committee for proceeding with this

        12       bill.

        13                  But what this bill points out is

        14       that there is a shortage and that we have

        15       farms, particularly in the North Country, in

        16       my district, in Franklin and Essex, Clinton

        17       County, where they're unable to get

        18       veterinarians to service their farms.  And

        19       therefore, they need to have veterinarians

        20       from Canada who come across the border and

        21       work on those farms.

        22                  So yes, we should move forward with

        23       a new vet school, and I would certainly

        24       support that, or expanding the fine vet

        25       schools that we have.  But I will vote in the


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         1       affirmative, and I thank everyone for their

         2       support.

         3                  ACTING PRESIDENT YOUNG:    Thank

         4       you, Senator Little.  You will be recorded in

         5       the affirmative.

         6                  Senator LaValle.

         7                  SENATOR LaVALLE:    Madam

         8       President, I rise to explain my vote.

         9                  I think Senator Little made the

        10       case to the committee that many of the upstate

        11       farms needed veterinarians and that there was

        12       a shortage.

        13                  One of the concessions and one of

        14       the things that was added to the bill is that

        15       noncitizens applying for citizenship have to

        16       make and show to the Board of Regents that

        17       they are making progress towards citizenship.

        18                  And I think Senator DeFrancisco

        19       makes a good case.  We really need to expand

        20       the opportunities for all individuals in the

        21       area of veterinary medicine.  It is -- there

        22       are very few schools in the entire country.

        23       We in this state are very privileged to have

        24       Cornell University School of Veterinary

        25       Medicine, which produces just excellent and


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         1       wonderful veterinarians.

         2                  But we do have to meet the needs of

         3       the farm community, and I think Senator Little

         4       made that case.  And with the amendment, I

         5       think it was a good compromise.  I vote in the

         6       affirmative.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator LaValle.  You will be recorded in

         9       the affirmative.

        10                  Senator Padavan.

        11                  SENATOR PADAVAN:    Yes, Madam

        12       President, to explain my vote.

        13                  There's no doubt that Senator

        14       DeFrancisco makes a valid point.  We need --

        15       as others have indicated, Senator LaValle in

        16       particular, the need for an expansion of that

        17       capacity.

        18                  However, with the increased

        19       prevalence of animal-borne diseases, which is

        20       international, the need for veterinarians has

        21       never been greater.  And the simple fact is we

        22       have a shortage.  Which is why this bill is

        23       supported by the veterinarians themselves.

        24       One would think that they would not want to

        25       expand the numbers competing with them in this


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         1       state, but they recognize that there's a

         2       problem.

         3                  But keep in mind, this extension is

         4       only for several years.  So obviously we're

         5       not doing this forever.  Which will give us

         6       time, perhaps, to deal with the underlying

         7       issue of numbers.

         8                  I vote aye.

         9                  ACTING PRESIDENT YOUNG:    Senator

        10       Padavan, you will be recorded in the

        11       affirmative.

        12                  I also want to remind the house

        13       that we need to have some order here, that the

        14       noise level should stay down.

        15                  Announce the results.

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1801, substituted earlier today by Member of

        21       the Assembly John, Assembly Print Number

        22       10384, an act to amend the Volunteer

        23       Firefighters Benefit Law.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1803, substituted earlier today by Member of

        13       the Assembly Schimminger, Assembly Print

        14       Number 11009, an act to amend the General

        15       Business Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1804, substituted earlier today by Member of

         5       the Assembly Aubertine, Assembly Print Number

         6       10600, an act to amend the Environmental

         7       Conservation Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 60.  Nays,

        18       2.  Senators LaValle and Serrano recorded in

        19       the negative.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1805, by Senator Farley, Senate Print 7227A,

        24       an act in relation to state aid payments.

        25                  ACTING PRESIDENT YOUNG:    Read the


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         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1806, substituted earlier today by Member of

        14       the Assembly Espaillat, Assembly Print Number

        15       10179, an act to amend Chapter 19 of the Laws

        16       of 1994.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1808, by Senator Morahan, Senate Print 7403A,

         6       an act to amend the General Business Law.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the 90th day.

        11                  SENATOR MORAHAN:    Madam

        12       President, to explain my vote.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Morahan, just one second, please.

        15                  Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Morahan, to explain his vote.

        19                  SENATOR MORAHAN:    Thank you,

        20       Madam President.

        21                  This bill is another bill designed

        22       to protect the security information that we

        23       have as people, as persons go out and use

        24       Internet access, machines and computers, in

        25       any of the hotels or Internet cafes, and some


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         1       others use this as a source to hack into their

         2       private information.

         3                  This requires signs to be put up at

         4       that public locations to remind users that

         5       they have to use some security measure to

         6       protect their information.  It goes in line

         7       with the bills that were passed earlier this

         8       year by Senator Fuschillo and myself on the

         9       security card scanner as well as our Social

        10       Security number measure.

        11                  So this is just another step in

        12       trying to protect the people from those who

        13       would hack in and get personal information and

        14       just make life very untenable for people.

        15                  Thank you.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you, Senator Morahan.  You will be recorded in

        18       the affirmative.

        19                  Announce the results.

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1809, by Senator Seward, Senate Print 7533, an

        25       act to amend the Abandoned Property Law.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1811, substituted earlier today by Member of

        15       the Assembly Farrell, Assembly Print Number

        16       11225, an act to amend the Local Finance Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1813, by Senator Rath, Senate Print 7719, an

         6       act to amend the Real Property Law.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1814, by Senator Seward, Senate Print 7736B,

        21       an act in relation to creating a state Civil

        22       Air Patrol Board.

        23                  ACTING PRESIDENT YOUNG:    Read the

        24       last section.

        25                  THE SECRETARY:    Section 6.  This


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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  Senator Hassell-Thompson.

         8                  SENATOR HASSELL-THOMPSON:    Yes,

         9       Madam President, thank you.  Just to explain

        10       my vote.

        11                  I am voting in favor.  It is very

        12       interesting that many years ago I belonged to

        13       Civil Air Patrol.  And it is, I think,

        14       somewhat timely that there has been a

        15       resurgence of the need for Civil Air Patrol

        16       duties.  And this board will be quite

        17       instrumental in supporting those functions.

        18                  I just wanted to just add that

        19       little quip to the record that those were the

        20       days when I thought that a military career was

        21       one that I wanted.

        22                  But I thank you for this bill.  And

        23       I will support it, Senator Seward.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Hassell-Thompson.  You will be


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         1       recorded in the affirmative.

         2                  Announce the results.

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1815, by Senator Young, Senate Print 7779B, an

         8       act authorizing the Village of Westfield.

         9                  ACTING PRESIDENT YOUNG:    There is

        10       a home-rule message at the desk.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 7.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1816, by Senator Flanagan, Senate Print 7781,

        24       an act to amend the Penal Law.

        25                  ACTING PRESIDENT YOUNG:    There is


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         1       a local fiscal impact note at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 90th day.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 61.  Nays,

        11       1.  Senator Duane recorded in the negative.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1817, substituted earlier today by Member of

        16       the Assembly Paulin, Assembly Print Number

        17       10591, an act to amend the Vehicle and Traffic

        18       Law.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 7.  This

        22       act shall take effect on the 180th day.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


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         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1819, by Senator Marcellino, Senate Print

         8       7977, an act to amend the Education Law and

         9       the Administrative Code of the City of

        10       New York.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1820, by Senator Alesi, Senate Print 7986A, an

        25       act authorizing the conveyance of several


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         1       parcels.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 8.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1821, by Senator Saland, Senate Print 7988, an

        16       act authorizing the Town of Wappinger,

        17       Dutchess County.

        18                  ACTING PRESIDENT YOUNG:    There is

        19       a home-rule message at the desk.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 9.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


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         1                  ACTING PRESIDENT YOUNG:    Announce

         2       the results.

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1822, by Senator Bonacic, Senate Print 8006A,

         8       an act to amend Chapter 172 of the Laws of

         9       2002 amending the Public Authorities Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1823, by Senator Bonacic, Senate Print 8007,

        24       an act to amend Chapter 915 of the Laws of

        25       1982 amending the Public Authorities Law.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1824, by Senator Coppola, Senate Print 8010,

        15       an act to amend the Real Property Tax Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the first of January.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  (Applause.)

         4                  THE SECRETARY:    Calendar Number

         5       1825, by Senator Larkin, Senate Print 8033, an

         6       act to remove from the Albert Wisner Memorial

         7       Public Library.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 61.  Nays,

        18       1.  Senator Montgomery recorded in the

        19       negative.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1826, by Senator Maziarz, Senate Print 8054,

        24       an act to amend the State Finance Law.

        25                  ACTING PRESIDENT YOUNG:    Read the


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         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Senator

         8       Coppola, to explain your vote.

         9                  SENATOR COPPOLA:    Madam

        10       President, I rise to explain my vote.

        11                  I want to first thank Senator

        12       Maziarz for his long and diligent work on this

        13       issue.

        14                  The Niagara Falls Casino is in the

        15       City of Niagara Falls, in my district.  And as

        16       many of you probably know, it's been a long

        17       and difficult process for them to receive the

        18       funding that they so deserve and the benefits

        19       that they were supposed to get from the casino

        20       revenues in their city.

        21                  Currently, there's long

        22       negotiations going on for an MOU that

        23       hopefully would release the funding for the

        24       last two years that they haven't seen.  But

        25       what this bill does is it sets up a mechanism


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         1       so that we don't have to go through this

         2       process anymore.

         3                  I've stated before in this chamber

         4       that the casinos were supposed to benefit the

         5       local communities in which they're located.

         6       Currently, the Niagara Falls community is not

         7       getting the benefits that they were supposed

         8       to receive from this revenue.  They are

         9       struggling each and every day in order to get

        10       that money through to them.

        11                  So again, I want to thank Senator

        12       Maziarz and others for their work on this

        13       bill.  And hopefully we won't be back

        14       discussing this again because this will

        15       finally settle it in the long term.

        16                  Thank you very much.  I vote yes.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator Coppola.  You will be recorded in

        19       the affirmative.

        20                  Announce the results.

        21                  THE SECRETARY:    Ayes, 61.  Nays,

        22       1.  Senator Duane recorded in the negative.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number


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         1       1827, substituted earlier today by Member of

         2       the Assembly Magee, Assembly Print Number

         3       11554, an act to amend the General Business

         4       Law.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect on the 30th day.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1828, by Senator DeFrancisco, Senate Print

        19       8068, an act to amend the Real Property Law

        20       and the Real Property Actions and Proceedings

        21       Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.


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         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1829, by Senator Meier, Senate Print 8078, an

        11       act to authorize the County of St. Lawrence.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1830, by Senator Little, Senate Print 8098, an


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         1       act to amend the Penal Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect on the first of

         6       November.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1831, by Senator Libous, Senate Print 8111, an

        17       act to amend the Vehicle and Traffic Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 30th day.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1833, by Senator Volker, Senate Print 8135, an

         7       act to amend the Criminal Procedure Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the 30th day.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1834, by Senator Marcellino, Senate Print

        22       8139, an act to amend the Environmental

        23       Conservation Law.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 61.  Nays,

         9       1.  Senator Serrano recorded in the negative.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1835, by Senator Spano, Senate Print 8158, an

        14       act to amend the Real Property Law.

        15                  ACTING PRESIDENT YOUNG:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 7.  This

        18       act shall take effect on the 60th day.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  Senator Hassell-Thompson, to

        25       explain her vote.


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         1                  SENATOR HASSELL-THOMPSON:    Thank

         2       you, Madam President.

         3                  Today I seem to be rising often.

         4       But in this case, I rise to commend -- and

         5       that's in question marks -- but I rise to

         6       commend Senator Spano on this bill, and I

         7       appreciate his including me on this bill.  And

         8       I am supporting it.

         9                  Thank you, Madam President.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator Hassell-Thompson.  You will be

        12       recorded in the affirmative.

        13                  Announce the results.

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1836, by Senator Little, Senate Print 8162, an

        19       act to amend the Real Property Tax Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1837, by Senator Trunzo, Senate Print 8168, an

         9       act to amend the Executive Law and the State

        10       Finance Law.

        11                  ACTING PRESIDENT YOUNG:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 27.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1838, by Senator Fuschillo, Senate Print 8169,

        25       an act in relation to permitting.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 61.  Nays,

        11       1.  Senator Bonacic recorded in the negative.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1839, by Senator Fuschillo, Senate Print 8170,

        16       an act to amend the General Business Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the same date as a

        21       chapter of the Laws of 2006.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1842, by Senator Young, Senate Print 8184, an

         7       act to direct the assessors in certain

         8       counties.

         9                  ACTING PRESIDENT YOUNG:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 10.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1844, by Senator Maziarz, Senate Print 8202,

        23       an act to incorporate.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 8.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1854, by Senator Marchi, Senate Print 4782 --

        13                  SENATOR SKELOS:    Lay it aside for

        14       the day, please.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is laid aside for the day.

        17                  THE SECRETARY:    Calendar Number

        18       1868, by Senator Morahan, Senate Print 6676,

        19       an act to amend the General Municipal Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  SENATOR SKELOS:    Lay it aside

        23       temporarily.

        24                  ACTING PRESIDENT YOUNG:    The bill

        25       is laid temporarily.


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         1                  That completes the reading of the

         2       noncontroversial calendar.

         3                  SENATOR SKELOS:    Madam President.

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       Skelos.

         6                  SENATOR SKELOS:    I believe there

         7       are substitutions at the desk.  If we could

         8       make them at this time.

         9                  ACTING PRESIDENT YOUNG:    The

        10       Secretary will read.

        11                  THE SECRETARY:    In relation to

        12       Supplemental Calendar Number 59A, on page

        13       number 1, Senator Fuschillo moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 699B and substitute it

        16       for the identical Senate Bill Number 784B,

        17       Third Reading Calendar 1891.

        18                  On page number 1, Senator Alesi

        19       moves to discharge, from the Committee on

        20       Codes, Assembly Bill Number 7060A and

        21       substitute it for the identical Senate Bill

        22       Number 3978A, Third Reading Calendar 1896.

        23                  On page number 2, Senator Leibell

        24       moves to discharge, from the Committee on

        25       Rules, Assembly Bill Number 7678A and


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         1       substitute it for the identical Senate Bill

         2       Number 5041A, Third Reading Calendar 1898.

         3                  On page 2, Senator Spano moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 8846C and substitute it

         6       for the identical Senate Bill Number 5656E,

         7       Third Reading Calendar 1900.

         8                  On page 2, Senator Rath moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 9001A and substitute it

        11       for the identical Senate Bill Number 5908B,

        12       Third Reading Calendar 1902.

        13                  On page 2, Senator Montgomery moves

        14       to discharge, from the Committee on Rules,

        15       Assembly Bill Number 6179A and substitute it

        16       for the identical Senate Bill Number 5934A,

        17       Third Reading Calendar 1903.

        18                  On page 2, Senator Alesi moves to

        19       discharge, from the Committee on Finance,

        20       Assembly Bill Number 10269 and substitute it

        21       for the identical Senate Bill Number 6919,

        22       Third Reading Calendar 1905.

        23                  On page 2, Senator Padavan moves to

        24       discharge, from the Committee on Local

        25       Government, Assembly Bill Number 10568 and


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         1       substitute it for the identical Senate Bill

         2       Number 7190, Third Reading Calendar 1906.

         3                  On page 3, Senator Saland moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 11083 and substitute it

         6       for the identical Senate Bill Number 7501,

         7       Third Reading Calendar 1912.

         8                  On page 3, Senator Young moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 10854A and substitute it

        11       for the identical Senate Bill Number 7559A,

        12       Third Reading Calendar 1913.

        13                  On page 4, Senator Volker moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 11513 and substitute it

        16       for the identical Senate Bill Number 7983,

        17       Third Reading Calendar 1924.

        18                  And on page number 5, Senator

        19       Flanagan moves to discharge, from the

        20       Committee on Commerce, Economic Development

        21       and Small Business, Assembly Bill Number 9598

        22       and substitute it for the identical Senate

        23       Bill Number 8196, Third Reading Calendar 1936.

        24                  ACTING PRESIDENT YOUNG:

        25       Substitutions ordered.


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         1                  Senator Bruno.

         2                  SENATOR BRUNO:    Madam President,

         3       I believe I have a resolution at the desk.  I

         4       would ask that it be read in its entirety and

         5       move for its immediate adoption.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you.

         8                  Motions and resolutions.

         9                  The Secretary will read.

        10                  THE SECRETARY:    By Senator Bruno,

        11       Legislative Resolution Number 6120, mourning

        12       the death of Barbara Furrer Goodman,

        13       distinguished citizen and devoted member of

        14       her community.

        15                  "WHEREAS, It is with great sorrow

        16       and deep regret that this Legislative Body

        17       records the passing of Barbara Furrer Goodman,

        18       noting the significance of her purposeful life

        19       and accomplishments; and

        20                  "WHEREAS, Barbara Furrer Goodman

        21       died on June 2, 2006, at the age of 74; and

        22                  "WHEREAS, Barbara Furrer Goodman

        23       was born in Milwaukee, Wisconsin, on July 21,

        24       1931.  She graduated from the Putney School in

        25       Vermont in 1949, and received a Bachelor of


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         1       Arts degree from Radcliffe College in 1953 and

         2       a Master of Arts degree from Teachers

         3       College-Columbia University in 1954 in early

         4       childhood education; and

         5                  "WHEREAS, Her training experience

         6       included teaching at Agnes Russell Center, a

         7       West Side elementary school, and Madison

         8       Avenue Presbyterian School.  She subsequently

         9       taught full-time at the Home School,

        10       affiliated with the Child Education

        11       Foundation; and

        12                  "WHEREAS, Barbara Furrer Goodman

        13       distinguished herself in her profession and by

        14       her sincere dedication and substantial

        15       contribution to the welfare of her community;

        16       and

        17                  "WHEREAS, Barbara Goodman's

        18       commitment to excellence, and her spirit of

        19       humanity, carried over into all fields of

        20       enterprise, including charitable and civic

        21       endeavors; and

        22                  "WHEREAS, Barbara Goodman became a

        23       member of the Junior League in 1955.  She

        24       worked as a volunteer in hospitals and

        25       settlement houses and on other League


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         1       committees.  In 1961, she was elected to the

         2       Junior League Board, became treasurer in 1964,

         3       and president from 1968-1970; and

         4                  "WHEREAS, An active alumna of

         5       Radcliffe College, Barbara Goodman served as

         6       class secretary from 1962 to 1967, and was a

         7       member of the Radcliffe Club Board from 1965

         8       to 1967.  She was also on the Radcliffe

         9       Century Fund Committee in conjunction with her

        10       work for the Radcliffe Choral Society; and

        11                  "WHEREAS, She served on the board

        12       of the Lenox Hill Neighborhood Association,

        13       Grosvenor Neighborhood House and the Committee

        14       for Young Audiences.  She was on the Patrons

        15       Committee of the Metropolitan Opera

        16       Association and also served on the Major Gifts

        17       Committee of Stanford University as a parent

        18       representative; and

        19                  "WHEREAS, in 1973, Mrs. Goodman was

        20       elected a trustee of Teachers College-Columbia

        21       University, where she served on the Education

        22       Committee and was chairman of the Development

        23       and Nominating Committees.  In 1980, she was

        24       elected chairman of the trustees and served in

        25       that position until 1991.  She was also an


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         1       active member of the Teachers College Board;

         2       and

         3                  "WHEREAS, Barbara Goodman was the

         4       loving wife of former State Senator Roy M.

         5       Goodman, who is currently the president and

         6       CEO of the United Nations Development

         7       Corporation; and

         8                  "WHEREAS, In addition to her

         9       husband, Barbara Goodman is survived by three

        10       children and five grandchildren; and

        11                  "WHEREAS, Armed with a humanistic

        12       spirit, imbued with a sense of compassion, and

        13       comforted by a loving family, Barbara Goodman

        14       leaves behind a legacy which will long endure

        15       the passage of time and will remain as a

        16       comforting memory to all she served and

        17       befriended; now, therefore, be it

        18                  "RESOLVED, That this Legislative

        19       Body pause in its deliberations to honor the

        20       memory of Barbara Furrer Goodman, salute her

        21       accomplishments in bettering her community,

        22       state and nation, and to express its deepest

        23       condolences to her family; and be it further

        24                  "RESOLVED, That a copy of this

        25       resolution, suitably engrossed, be transmitted


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         1       to the family of Barbara Furrer Goodman."

         2                  ACTING PRESIDENT YOUNG:    Senator

         3       Bruno, on the resolution.

         4                  SENATOR BRUNO:    Thank you, Madam

         5       President and colleagues.  You just heard the

         6       resolution describing in just a few words the

         7       life of a great, great lady, Mrs. Roy Goodman,

         8       Barbara.

         9                  Roy served here in the chamber with

        10       us, as you all know, some 33, 34 years.

        11       Barbara, you heard some description of her

        12       dedication to young people, primarily.  She

        13       was dedicated to being helpful, being of

        14       service to children especially because she

        15       knew in their formative years that they needed

        16       support.  She was a community activist for her

        17       adult life.

        18                  Roy Goodman was blessed in their

        19       relationship.  And Barbara, you talk about a

        20       courageous lady, was on dialysis, as you may

        21       know, for years and years.  And in between

        22       sessions, she never lost her upbeat, positive

        23       attitude just relating to people.  She was

        24       truly a beautiful lady with a beautiful

        25       spirit.


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         1                  Senator Goodman has been fortunate

         2       to have such a partner, such a wife, his

         3       children such a mother.  And everyone in

         4       communities here in New York State who are

         5       beneficiaries of her dedication, her

         6       commitment, and her service to all of humanity

         7       express our condolences to Roy and to his

         8       family.  And we know that Barbara is at peace

         9       and getting her reward in heaven.

        10                  Thank you, Madam President.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Bruno.

        13                  Senator Farley, on the resolution.

        14                  SENATOR FARLEY:    Thank you, Madam

        15       President.

        16                  I rise to pay tribute to Barbara

        17       Goodman.  Roy Goodman, who served with us for

        18       so many, many years -- over 30 -- was truly

        19       blessed to have such a wife.  A courageous

        20       woman.

        21                  I'm only going to speak to one

        22       thing.  This was a lady that was on dialysis

        23       for 10, 15 years, three times a week, yet it

        24       never slowed her up.  She was always there, a

        25       great mother and a great wife and somebody


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         1       that really made a difference.

         2                  Barbara Goodman was a remarkable

         3       woman.  She never let her handicap of having

         4       kidney problems slow her up.  And I understand

         5       the last few years she had the dialysis three

         6       time at week at home.  And that's a very hard

         7       thing to live with.  But she did it with

         8       grace.  And she was certainly a remarkable

         9       woman and a remarkable wife.

        10                  I think everybody that serves in

        11       this chamber knows how tough it is on your

        12       spouse, no matter who -- of either sex.  And

        13       they're really special, because they have to

        14       be patient, they're usually in second place

        15       sometimes.  And it takes a remarkable person

        16       to be married to a senator, and Barbara

        17       Goodman certainly was that person.

        18                  ACTING PRESIDENT YOUNG:    Thank

        19       you, Senator Farley.

        20                  Senator Paterson.

        21                  SENATOR PATERSON:    Thank you,

        22       Madam President.  And I'd like to thank the

        23       Majority Leader and everybody here for taking

        24       a moment out to honor Barbara Goodman.

        25                  She, in addition to her


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         1       relationship with Senator Goodman, was very

         2       involved in a lot of his work, particularly in

         3       philanthropy and the arts and had a great

         4       appreciation.  They were contributors together

         5       to a lot of causes, enlightening all of us on

         6       the great artistry and innovation, and in an

         7       area that we feel is not featured enough in

         8       our educational system, in our school system.

         9       And they were both, and Senator Roy Goodman

        10       continues to be, an advocate for the arts.

        11                  In addition, Barbara was involved

        12       with support for the New York Public Library

        13       and talked about these issues not only

        14       personally with people when you'd see her, but

        15       assisted in the opening of many libraries.

        16       And just a person who, in spite of her own

        17       personal challenges and a ten-year illness

        18       toward the end of her life, continued her

        19       service as a really outstanding citizen of

        20       New York State.

        21                  And we certainly mourn her passing

        22       and extend our best wishes to the Goodman

        23       family and to our former colleague, who I kind

        24       of miss around here.  My vocabulary definitely

        25       was improved just sitting around listening to


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         1       Senator Goodman.

         2                  And it was unfortunate for him that

         3       he's had this loss at this time in his life.

         4       But as colleagues of his and as friends of

         5       his, we all want to send the entire Goodman

         6       family our best wishes.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Paterson.

         9                  Senator Golden, on the resolution.

        10                  SENATOR GOLDEN:    Thank you, Madam

        11       President.

        12                  It's been so eloquently stated here

        13       by our leader and by others how great Barbara

        14       and the great Senator Goodman were, not only

        15       to each other as a couple but to what they

        16       were able to do for our city and our state.

        17                  They entertained kings and queens

        18       and presidents from other nations.  They

        19       entertained the presidents of this nation four

        20       or five times, bringing them into the city of

        21       New York and working with them and working

        22       towards enhancing the arts world in the city

        23       and state of New York.

        24                  They worked with Carnegie Hall and

        25       Lincoln Center, the conservancy.  They worked


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         1       with the Central Park and others to enhance

         2       their capabilities and to be able to bring

         3       arts to other people and all the people that

         4       would visit us from around the world.

         5                  He worked with the City Council and

         6       the State Assembly here and the State Senate

         7       here and was able to bring many dollars into

         8       the communities of the city of New York.  He

         9       worked for education and public safety, and he

        10       made the quality of life for those living in

        11       the city and the state of New York that much

        12       better.

        13                  The passing of Barbara and his own

        14       sickness has really took a turn for the worse

        15       for him.  Our prayers go out to him and his

        16       family and to Barbara that she is upstairs

        17       looking down on him right now and praying for

        18       his own safety.

        19                  Mr. Goodman was a great senator and

        20       a great family man and a great man, and

        21       Barbara will be truly missed by him and by

        22       many here in the city and state of New York.

        23                  ACTING PRESIDENT YOUNG:    Thank

        24       you, Senator Golden.

        25                  Senator Krueger.


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         1                  SENATOR LIZ KRUEGER:    Thank you,

         2       Madam President.  On the resolution.

         3                  I'm very honored to represent the

         4       district that Senator Goodman represented so

         5       well for 33 years.  And I had the opportunity

         6       to visit with him and his wife quite a few

         7       times both before I even entered the field of

         8       politics and since I became the senator

         9       serving the district.  And Senator Goodman and

        10       I have had many opportunities to talk about

        11       issues for our district in the last few years.

        12                  And people have spoken very

        13       eloquently about his wife.  And I would also

        14       just like to, for the record, say what a

        15       valuable contribution the Goodman family made

        16       to the city of New York, to the people of

        17       New York all these years, and that

        18       Mrs. Goodman, while she was less in the

        19       limelight than her husband, was always there

        20       advocating for important issues, was well

        21       known and well loved in our district.

        22                  And I also want to wish my very

        23       best to his family on this loss.  I know that

        24       it is an enormous one for him and their

        25       children and grandchildren, and am very


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         1       pleased that the Senate would take a few

         2       moments from our deliberations today to show

         3       our respect for Senator Goodman and his family

         4       on the loss of his wife, Barbara.

         5                  Thank you, Madam President.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you, Senator Krueger.

         8                  Senator Maltese.

         9                  SENATOR MALTESE:    Yes, Madam

        10       President, I rise to join in this resolution

        11       of sorrow and loss and repeat what my

        12       predecessors who have spoken today have said.

        13                  And knowing Barbara as Roy's wife,

        14       it's hard to think of Roy without Barbara by

        15       his side.  In all the contact we have had in

        16       the past years, in these many years, with our

        17       own wives present and with Barbara there, it's

        18       hard to think of Roy without her.

        19                  And we -- I know that as we spent

        20       time together with Barbara, whether it was

        21       official functions or at times of joy and at

        22       times of official functions and nonofficial

        23       functions, she always remained completely

        24       joyful.  And in recent years, thinking of the

        25       burden that she had to bear in sorrow and


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         1       illness, she still always had a smile, always

         2       happy, always pleased.  It's hard to believe

         3       that we will now, in the future, have to

         4       contemplate Roy without Barbara.

         5                  She had many wonderful qualities,

         6       and among them was her endearing charm, her

         7       ability to look at the bright side of things,

         8       her ability to put up with all of us as

         9       colleagues of Senator Goodman.

        10                  And I join my Senate colleagues in

        11       not only extolling her virtues but bemoaning

        12       our loss.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you, Senator Maltese.

        15                  Senator Johnson, on the resolution.

        16                  SENATOR JOHNSON:    Yes, Madam

        17       President.  I'd like to express my condolences

        18       to Roy and the family.

        19                  We knew Roy very well, of course,

        20       serving about 30 years with him.  He was a

        21       delight at every luncheon.  And every time we

        22       happened to go out for a drink or a meal, Roy

        23       had a list of jokes and he kept everybody

        24       rolling in the aisles.  He was really an

        25       exciting and interesting person.


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         1                  And as David Paterson said, he

         2       taught him a few new words in the English

         3       language, which was a function he did for all

         4       of us.

         5                  I think I look forward every year

         6       to receiving the Christmas card from the

         7       family and seeing the beautiful children.  And

         8       raising up over the years his children, his

         9       grandchildren, I always felt a part of that

        10       family.

        11                  Last year, Roy and Barbara

        12       celebrated their 50th wedding anniversary.

        13       And I introduced the resolution here and you

        14       all voted for it, and I had the opportunity

        15       earlier this year to present that to Roy and

        16       Barbara in the city.  Together with a

        17       gathering of 50 or 60 of their friends, we

        18       made the presentation of the 50th anniversary

        19       resolution of their wedding.

        20                  And it was really nice to see

        21       Barbara.  She was still moving around pretty

        22       well then.  Roy -- they all had little

        23       problems, but they were together and they were

        24       happy with their friends and we celebrated

        25       that anniversary with them.  And it made me


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         1       feel good and I'm sure it made all of you feel

         2       good to know that you were one of the sponsors

         3       of that resolution of their 50th anniversary.

         4                  So we celebrate their life and we

         5       mourn Barbara's death, and we wish Roy and the

         6       family all the best.

         7                  Thank you.

         8                  ACTING PRESIDENT YOUNG:    Thank

         9       you, Senator Johnson.

        10                  Our deepest sympathies with are

        11       with our former colleague, Senator Roy

        12       Goodman, and the entire Goodman family.

        13                  All in favor of the resolution

        14       signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT YOUNG:    Opposed,

        17       nay.

        18                  (No response.)

        19                  ACTING PRESIDENT YOUNG:    The

        20       resolution is adopted.

        21                  Senator Bruno.

        22                  SENATOR BRUNO:    Madam President,

        23       can we open up this resolution to the floor.

        24       And anyone that would prefer not to have their

        25       name added, just step up privately and let the


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         1       desk know.

         2                  Thank you, Madam President.

         3                  ACTING PRESIDENT YOUNG:    Yes,

         4       Senator Bruno.  Any Senator not wishing to be

         5       on the resolution please notify the desk.

         6                  Senator Bruno.

         7                  SENATOR BRUNO:    Madam President,

         8       I believe Resolution Number 6150 was passed in

         9       this house earlier today.  I would ask that

        10       you at this time recognize the sponsor,

        11       Senator Connor.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Connor.

        14                  SENATOR CONNOR:    Thank you, Madam

        15       President.  Thank you, Senator Bruno.

        16                  This resolution commemoratives the

        17       untimely passing of a former senator and a

        18       predecessor of mine, Paul Bookson.  Paul

        19       served in the State Senate from 1965 to 1974.

        20                  And last September he was in court

        21       practicing law -- he's a retired judge -- and

        22       actually was in the courtroom where my wife

        23       works, and left for lunch and, crossing the

        24       street outside of the courthouse, was hit by

        25       an automobile and killed.


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         1                  Paul Bookson, after he served in

         2       the State Senate -- and my other predecessor,

         3       Carol Bellamy, actually defeated him in a

         4       primary in a redistricting before the 1974

         5       election year combined the two districts.

         6       That's how I come to represent the Lower East

         7       Side as well as part of Brooklyn.

         8                  And he then, a year later, ran for

         9       the Civil Court in the City of New York, was

        10       elected, served for quite a few years, I guess

        11       from -- that would be 1975 until his

        12       retirement, served for many years as an acting

        13       Supreme Court justice.

        14                  After his retirement at age 70, he

        15       then served as a judicial hearing officer and

        16       was also with the firm of Herzfeld & Rubin,

        17       practicing law.

        18                  One of the things that Paul did

        19       when he was on the bench and after was he was

        20       president of the historic Eldridge Street

        21       Synagogue on the Lower East Side, the

        22       synagogue that was built -- one of the first,

        23       I guess, Rumanian synagogues in America,

        24       Eastern European synagogues, and is being

        25       restored.  A very beautiful building, it's a


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         1       national historic site.  And it still is a

         2       synagogue.  And it's under restoration back to

         3       its 19th century grandeur.  And it was quite a

         4       beautiful building, built to be a synagogue.

         5                  Paul was president of that

         6       congregation, worked very hard, was

         7       instrumental in getting the Friends of the

         8       Eldridge Street Synagogue formed some years

         9       ago, who have gone on and raised literally

        10       millions of dollars toward the restoration.

        11                  So I would ask all my colleagues to

        12       join in sponsoring this resolution mourning

        13       the passing of Paul Bookson and transmitting

        14       the resolution to his wife and three

        15       daughters.

        16                  So thank you, Madam President.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator Connor.

        19                  Our condolences to Senator

        20       Bookson's family.  This resolution was

        21       previously adopted today.

        22                  SENATOR CONNOR:    Madam President.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Connor.

        25                  SENATOR CONNOR:    Yes, if we could


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         1       open it up for sponsorship by all the members

         2       of the Senate, I think Senator Bookson's

         3       family would appreciate that.

         4                  Thank you.

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Bruno, may we open this up to the entire

         7       membership?

         8                  SENATOR BRUNO:    Madam President,

         9       please open up the resolution as the sponsor

        10       requests.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Bruno.

        13                  Any member not wishing to be on the

        14       resolution please notify the desk.

        15                  Senator Bruno.

        16                  SENATOR BRUNO:    Madam President,

        17       can we at this time take up the controversial

        18       reading of the calendar.

        19                  ACTING PRESIDENT YOUNG:    The

        20       Secretary will ring the bell.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       1012, by Senator Seward, Senate Print 7104, an

        24       act to amend the Insurance Law.

        25                  SENATOR LIZ KRUEGER:


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         1       Explanation.

         2                  ACTING PRESIDENT YOUNG:    Senator

         3       Seward, an explanation has been requested.

         4                  SENATOR SEWARD:    Certainly, Madam

         5       President.

         6                  This legislation would permit all

         7       health insurers in New York State to offer

         8       high-deductible health plans which are coupled

         9       with health savings accounts.

        10                  Now, currently state law

        11       specifically prohibits high-deductible plans

        12       and HSAs from being offered by HMOs or in the

        13       individual market.  It's only commercial plans

        14       and non-HMO carriers are currently able to

        15       offer these types of policies.

        16                  Now, these high-deductible plans

        17       coupled with HSAs generally cost an average,

        18       it's estimated, of close to 40 percent less

        19       than traditional policies.  And obviously by

        20       offering this option is an opportunity to help

        21       us reduce the nearly 3 million New Yorkers who

        22       do not currently have health insurance.

        23                  Now, it's important to point out

        24       that these policies will not be attractive to

        25       everyone.  It is important, however, to


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         1       provide, I think, one more option for

         2       employers and employees to choose who

         3       currently just simply cannot afford health

         4       insurance policies.

         5                  So this bill, in a nutshell, would

         6       just offer one more consumer choice by giving

         7       employers and their workers more flexibility

         8       when it comes to choosing the appropriate

         9       health insurance coverage for themselves and

        10       their loved ones.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Seward, for that explanation.

        13                  Senator Krueger.

        14                  SENATOR LIZ KRUEGER:    Thank you,

        15       Madam President.  If the sponsor would please

        16       yield.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Seward, do you yield?

        19                  SENATOR SEWARD:    Certainly, Madam

        20       President.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Senator yields.

        23                  SENATOR LIZ KRUEGER:    Thank you.

        24                  Is this a variation on the bill you

        25       have passed before in this house that was


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         1       called the "Freedom Health Plan" bill?  How is

         2       this different?

         3                  SENATOR SEWARD:    Well, Madam

         4       President, this bill takes just one provision

         5       out of the so-called Freedom Plan which this

         6       house has passed in other years.  This bill

         7       simply includes the high-deductible coupled

         8       with the HSA provisions only.

         9                  The Freedom Health Plan included

        10       the flexibility of not including all of the

        11       current health insurance mandates.  That was

        12       in the old bill.  And of course we also

        13       included the tax credits for small businesses

        14       were in the Freedom Plan.  Now, we've passed

        15       the tax credits as part of our state budget.

        16                  But to answer your question

        17       directly, this includes only the provision

        18       dealing with high-deductible policies coupled

        19       with HSAs.  It's limited to that in this

        20       particular legislation.

        21                  SENATOR LIZ KRUEGER:    Thank you.

        22       Madam President, if through the sponsor would

        23       continue to yield.

        24                  ACTING PRESIDENT YOUNG:    Senator,

        25       do you yield?


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         1                  SENATOR SEWARD:    Certainly.

         2                  ACTING PRESIDENT YOUNG:    The

         3       Senator yields.

         4                  SENATOR LIZ KRUEGER:    Through

         5       you, Madam President.

         6                  There was a recent United Hospital

         7       Fund study that showed that two-thirds of the

         8       state's nearly 3 million uninsured New Yorkers

         9       that Senator Seward referenced actually live

        10       in households earning less than 200 percent of

        11       the federal poverty level.  These are

        12       low-income people.

        13                  You mentioned that you thought that

        14       this type of insurance package would allow

        15       uninsured New Yorkers to now become insured.

        16       How would people who are very low income be

        17       able to afford high-deductible insurance

        18       policies?

        19                  SENATOR SEWARD:    Well, Madam

        20       President, it seems to me to aggressively

        21       attack this problem of these 3 million

        22       New Yorkers -- as the Senator points out, many

        23       of whom are working, they do not qualify for

        24       the Medicaid program -- I think it's important

        25       certainly for us to continue our effort on a


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         1       number of fronts, including encouraging those

         2       that are eligible to sign up for some of the

         3       fine programs we have in New York State, the

         4       Family Health Plus, Child Health Plus, and

         5       Healthy New York.

         6                  And this body has gone on record,

         7       in terms of the Healthy New York in

         8       particular, with the thought of expanding the

         9       opportunities for people to sign up for

        10       Healthy New York.  That's certainly also part

        11       of the answer.

        12                  This particular legislation would

        13       be helpful by providing just one more option,

        14       one more option.

        15                  And the fact is because of the

        16       savings that come from the high-deductible

        17       policies, that savings, a portion of those

        18       savings can be placed in this health savings

        19       account to cover any medical expenses,

        20       spending up to the high-deductible level, or

        21       any office visits or medical costs that are

        22       not covered by their health insurance plan

        23       could be covered through this health savings

        24       account.

        25                  So the pool of money that goes into


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         1       the health savings account would come from the

         2       savings that are derived from these types of

         3       policies.  Savings from both the employee can

         4       contribute and also the employer would receive

         5       some savings.  And that would provide the

         6       resources to place into the HSAs.  If that's

         7       where your question is directed, where would

         8       these resources come from to place into the

         9       HSA, it would come from the savings that these

        10       types of policies provide.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Seward.

        13                  Senator Krueger.

        14                  SENATOR LIZ KRUEGER:    Thank you,

        15       Madam President.  If the sponsor would

        16       continue to yield, please.

        17                  ACTING PRESIDENT YOUNG:    Does the

        18       sponsor yield?

        19                  SENATOR SEWARD:    Certainly.

        20                  ACTING PRESIDENT YOUNG:    The

        21       Senator yields.

        22                  SENATOR LIZ KRUEGER:    Thank you.

        23                  I'm not sure you did answer the

        24       last question, but I'll move on.

        25                  My point, though, for the record,


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         1       was if you are one of the 3 million

         2       New Yorkers who does not have health insurance

         3       and disproportionately is too low-income to

         4       afford even current health insurance plans for

         5       yourself, it's not clear to me how you're

         6       going to put away, say, the $2,000 for a

         7       family in high deductibles.  I believe that's

         8       an estimate from the materials on your bill.

         9                  But to follow through on that, your

        10       bill memo also says that these insurance

        11       policies would be an estimated 40 percent less

        12       in cost than current insurance policies.

        13       Where is -- is that a mandate that a health

        14       insurance company offering this policy would

        15       have to come in at least 40 percent lower than

        16       some statewide average?  Where does that

        17       number come from, or how is it mandated?

        18                  SENATOR SEWARD:    Well, Madam

        19       President, obviously it's an estimated number

        20       that comes from the experience that we've had

        21       in -- these types of policies are being

        22       offered to a segment of the market currently.

        23       In the commercial plans and in the non-HMO

        24       carriers currently offer these policies, and

        25       these types of savings have been the


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         1       experience from those policies that are

         2       currently being offered in New York State.

         3                  What this bill does simply is to

         4       allow HMOs and these policies to be available

         5       in the individual market.  That's all we're

         6       doing under this bill is to provide this

         7       option to the entire health insurance market

         8       in New York rather than just one or segmented

         9       pieces of the market.

        10                  ACTING PRESIDENT YOUNG:    Thank

        11       you, Senator Seward.

        12                  Senator Krueger.

        13                  SENATOR LIZ KRUEGER:    Thank you.

        14       If the sponsor would continue to yield,

        15       please, Madam President.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Seward will you yield?

        18                  SENATOR SEWARD:    Certainly.

        19                  ACTING PRESIDENT YOUNG:    The

        20       Senator yields.

        21                  SENATOR LIZ KRUEGER:    Thank you.

        22                  My understanding of your bill, at

        23       least from previous discussions about the

        24       variation on the bill that was, again,

        25       slightly different, as I appreciate your


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         1       explaining, was that these health insurance

         2       providers would be able to be exempt from

         3       current mandates on types of care that are

         4       covered.

         5                  So I'll ask you, if I was -- and

         6       again, you're the Insurance chair, not a

         7       physician, I understand.  But if I were a

         8       family with a child with diabetes, would you

         9       recommend I go into a plan that might not

        10       cover diabetes because they wouldn't have to

        11       under this law?

        12                  SENATOR SEWARD:    Well, Madam

        13       President, this bill doesn't get into changing

        14       any of the coverages that are required under

        15       New York State law.  We don't get into that.

        16       You're talking about the previous legislation.

        17                  This bill simply allows for the

        18       higher-deductible policies.  That's all it

        19       changes.  Which under federal law is -- the

        20       higher-deductible policies are coupled with

        21       the HSAs.  So that's what the federal law

        22       says.

        23                  And that simply -- that's all we're

        24       doing here.  It's that simple.  We're not

        25       adjusting or changing any of the mandates or


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         1       the coverages that are currently available to

         2       people.

         3                  SENATOR LIZ KRUEGER:    Madam

         4       President, if through you the sponsor would

         5       continue to yield.

         6                  ACTING PRESIDENT YOUNG:    Does the

         7       sponsor yield?

         8                  SENATOR SEWARD:    Certainly.

         9                  ACTING PRESIDENT YOUNG:    The

        10       Senator yields.

        11                  SENATOR LIZ KRUEGER:    So just to

        12       clarify what I think I just heard you say,

        13       unlike your previous bill, in this bill we

        14       would not be removing any mandated required

        15       coverage in New York State insurance law.

        16                  So this would allow insurance

        17       companies to have high-deductible health

        18       savings account models but would not allow

        19       them to cease to cover mandated coverage

        20       existing in New York State insurance law?

        21                  SENATOR SEWARD:    Madam President,

        22       the Senator is correct.  We're merely

        23       adjusting that deductible level and

        24       introducing HSAs to the entire health

        25       insurance market.


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         1                  SENATOR LIZ KRUEGER:    Madam

         2       President, on the bill.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Krueger, on the bill.

         5                  SENATOR LIZ KRUEGER:    Thank you.

         6                  I appreciate the Senator going

         7       through the details of his bill.  We have

         8       dealt with a variation on this bill several

         9       times, and Senator Seward knows that I have

        10       disagreed strongly with the Freedom Health

        11       insurance bill that he's proposed.

        12                  As I understand it, in this bill it

        13       goes part of the way of his previous bill but

        14       not all the way.  Although I still have to say

        15       that I will end up voting against this bill,

        16       because I still think it's a flawed model.

        17                  And as you read literature coming

        18       out of national studies, just going on the

        19       Internet today I found any number of brand-new

        20       studies of high-deductible insurance policies

        21       and health savings accounts.  And what has

        22       been found is that while it is a reasonable

        23       model perhaps for people who are healthy and

        24       wealthy, it actually ends up not being a very

        25       good model for people who may have illness in


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         1       their households or who are low-income.

         2                  And again, when we're talking about

         3       trying to address uninsured people, I think we

         4       really are talking about disproportionately

         5       lower-income New Yorkers and New Yorkers who

         6       have sick family members or chronically ill

         7       family members.

         8                  And so even there, under the

         9       Senator's analysis, since it would just put

        10       another option out there on the table, maybe

        11       an option that only healthy and wealthy people

        12       might choose to have -- and you could ask the

        13       question, well, then, why not?  If it's an

        14       insurance model and perhaps only healthy and

        15       wealthy people will choose it, why not allow

        16       that in the market?

        17                  And I'd say that my concerns tie

        18       into the fact that, one, if it's an

        19       employer-based model, the employer might

        20       choose it for their employees as the only

        21       option available, an option that many of their

        22       employees would not be able to afford.  And in

        23       fact we could see as an outcome of this even

        24       more New Yorkers not being eligible for health

        25       insurance because the only plan they might


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         1       have available to them is the plan their

         2       employer offers, and the only plan their

         3       employer might offer is a high-deductible

         4       health savings account model.  Which, again,

         5       might work for you if you're healthy and

         6       wealthy, but not for everyone else.

         7                  So I worry that we actually might

         8       find ourselves, as has been found in other

         9       states around the nation that have gone down

        10       this road, with actually more uninsured people

        11       rather than less uninsured people.

        12                  I also think that there's a

        13       fundamental issue of when you start to offer

        14       one set of options out there that insurance

        15       companies see as perhaps being a higher win

        16       for them, that everyone will start to default

        17       to that model.  That if they can default to a

        18       model where they make higher premium rates for

        19       themselves and have to pay out less because in

        20       a health savings account/higher-deductible

        21       scenario, you the insuree end up paying so

        22       much of it yourself, that insurance companies

        23       in New York State may start to go down the

        24       road of doing away with other insurance policy

        25       offerings that they have that have been


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         1       effective and affordable for New Yorkers.

         2       When I believe that the projected numbers,

         3       based on national studies, are that this type

         4       of program would not be affordable to the vast

         5       majority of New Yorkers.

         6                  And just, again, because part of

         7       this model allows you to have a tax deduction

         8       for putting your money into a health savings

         9       account, if you're in the 35 percent tax

        10       range, you'd save 35 cents per dollar on your

        11       taxes.  If you're a working poor person

        12       without health insurance who tried to go down

        13       this road but was in the 10 percent tax range,

        14       you'd only save 10 percent.

        15                  Or if you were one of the many poor

        16       New Yorkers -- in fact, even poor New Yorkers

        17       who are working -- who don't owe anything in

        18       income taxes because their income is so low in

        19       relationship to their expenses, they would

        20       have no win, although they would find

        21       themselves in a situation where they might put

        22       off going to doctors because they couldn't

        23       afford the deductibles, they weren't able to

        24       invest in the health savings account to pay

        25       for illnesses, and they would end up sicker


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         1       than under current scenarios because they

         2       would have put off going to doctors at all

         3       because they might end up in this kind of plan

         4       versus the other plans that are currently

         5       available in New York State.

         6                  I know that Senator Seward and I do

         7       agree that we have a desperate need to make

         8       sure that New Yorkers have access to health

         9       insurance.  And I know that he and I also

        10       agree that we would like to have it be the

        11       lowest cost possible for the greatest number

        12       of people.  And I do appreciate that he made

        13       some changes to this bill.

        14                  But again, I think that the

        15       research is pretty solid out there that going

        16       down the road of high-deductible plans with

        17       health savings accounts attached is not the

        18       right answer for the people of New York or the

        19       State of New York.  And while I encourage him

        20       to continue to explore new models to expand

        21       eligibility for health insurance, and to try

        22       to keep the costs reasonable, I think this is

        23       the wrong way to go.

        24                  And I hope my colleagues who have

        25       been concerned about the Freedom Plans in the


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         1       past will see this bill as a variation on the

         2       same bill and also share with me their

         3       concerns that this isn't the right answer for

         4       New York State.

         5                  I'll be voting no.  Thank you,

         6       Madam President.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Krueger.

         9                  Any other Senator wishing to be

        10       heard?

        11                  Then the debate is closed.

        12                  The Secretary will ring the bell.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 6.  This

        15       act shall take effect January 1, 2007.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Calendar Number 1012 are

        23       Senators Andrews, Connor, Coppola, Diaz,

        24       Dilan, Duane, Gonzalez, Hassell-Thompson,

        25       L. Krueger, Montgomery, Onorato, Oppenheimer,


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         1       Paterson, Sabini, Sampson, Savino,

         2       Schneiderman, Serrano, A. Smith, M. Smith and

         3       Stavisky.

         4                  Absent from voting:  Senator C.

         5       Kruger.

         6                  Ayes, 40.  Nays, 21.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  That concludes the controversial

        10       reading of the calendar.

        11                  Senator Morahan.

        12                  SENATOR MORAHAN:    Thank you,

        13       Madam President.  Could we now have the

        14       noncontroversial reading of Supplemental

        15       Calendar 59A.

        16                  ACTING PRESIDENT YOUNG:    We will

        17       now have the noncontroversial reading of

        18       Supplemental Calendar Number 59A.

        19                  SENATOR MORAHAN:    I'll make an

        20       announcement at this time, just so the members

        21       know that at 5:30 we're going to recess for

        22       about an hour and then come back.  If we

        23       haven't finished this supplemental calendar,

        24       we'll come back at that time.

        25                  ACTING PRESIDENT YOUNG:    Thank


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         1       you, Senator.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       1890, by Senator Padavan, Senate Print 545, an

         5       act to amend the Penal Law.

         6                  ACTING PRESIDENT YOUNG:    Could we

         7       have some order in the chamber, please.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the first of

        11       November.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 1890 are

        19       Senators Diaz, Duane, Gonzalez, and Serrano.

        20                  Ayes, 58.  Nays, 4.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1891, substituted earlier by Member of the

        25       Assembly Pheffer, Assembly Print Number 699B,


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                                                        5041



         1       an act to amend the Insurance Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 4.  This

         5       act shall take effect on the first of January

         6       next succeeding.

         7                  ACTING PRESIDENT YOUNG:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT YOUNG:    Announce

        11       the results.

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1892, by Senator Padavan, Senate Print 2181A,

        17       an act to amend the General Business Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 90th day.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1893, by Senator Meier, Senate Print 2319, an

         7       act to amend the Tax Law.

         8                  ACTING PRESIDENT YOUNG:    There is

         9       a local fiscal impact note at the desk.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the first day of a

        13       sales tax quarterly period.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1894, by Senator Padavan, Senate Print 3484A,

        24       an act to amend the Administrative Code of the

        25       City of New York.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 17.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1895, by Senator Volker, Senate Print 3912A,

        15       an act to amend the Civil Practice Law and

        16       Rules.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


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                                                        5044



         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1896, substituted earlier by Member of the

         6       Assembly Carrozza, Assembly Print Number

         7       7060A, an act to amend the Civil Practice Law

         8       and Rules.

         9                  ACTING PRESIDENT YOUNG:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1897, by Senator Farley, Senate Print 4744A,

        23       an act to amend the Banking Law and others.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect February 1, 2007.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Senator

         7       Farley, to explain your vote.

         8                  SENATOR FARLEY:    Just to explain

         9       my vote, Madam President.

        10                  This is a piece of legislation that

        11       has been editorialized throughout the state by

        12       the Daily News and many other papers on deed

        13       theft.  I know that Senator Krueger was very

        14       interested in this.  And so many Senators have

        15       asked about this legislation.

        16                  And it's a positive piece of

        17       legislation that prevents deed theft.  And I'm

        18       pleased to have the support of this house on

        19       this bill.

        20                  Thank you.

        21                  ACTING PRESIDENT YOUNG:    Thank

        22       you, Senator Farley.  You will be recorded in

        23       the affirmative.

        24                  Announce the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1898, substituted earlier by Member of the

         5       Assembly Stevens, Assembly Print Number 7678A,

         6       an act to amend the Criminal Procedure Law.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 61.  Nays,

        17       1.  Senator Duane recorded in the negative.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:     Calendar Number

        21       1900, substituted earlier by the Assembly

        22       Committee on Rules, Assembly Print Number

        23       8846C, an act to amend the Public Health Law

        24       and the Public Authorities Law.

        25                  ACTING PRESIDENT YOUNG:    Read the


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         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1902, substituted earlier by the Assembly

        14       Committee on Rules, Assembly Print Number

        15       9001A, an act to amend the Public Health Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1903, substituted earlier by Member of the

         5       Assembly Benjamin, Assembly Print Number

         6       6179A, an act to amend the General Business

         7       Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1904, by Senator DeFrancisco, Senate Print

        22       6709, an act to amend the Vehicle and Traffic

        23       Law.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the first of

         3       November.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1905, substituted earlier today by Member of

        14       the Assembly Sweeney, Assembly Print Number

        15       10269, an act in relation to redistributing.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1906, substituted earlier by Member of the

         5       Assembly Rivera, Assembly Print Number 10568,

         6       an act to amend the Real Property Tax Law.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1907, by Senator Wright, Senate Print 7199A,

        21       an act to amend the General Municipal Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the first of January.


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         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1911, by Senator Hannon, Senate Print 7491A,

        11       an act to authorize the Mental Health

        12       Association of Nassau County.

        13                  ACTING PRESIDENT YOUNG:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT YOUNG:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT YOUNG:    Announce

        21       the results.

        22                  THE SECRETARY:    Ayes, 61.  Nays,

        23       1.  Senator Bonacic recorded in the negative.

        24                  ACTING PRESIDENT YOUNG:    The bill

        25       is passed.


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         1                  THE SECRETARY:    Calendar Number

         2       1912, substituted earlier by Member of the

         3       Assembly Nolan, Assembly Print Number 11083,

         4       an act to amend the Education Law.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect September 1, 2006.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1913, substituted earlier by Member of the

        19       Assembly Magee, Assembly Print Number 10854A,

        20       an act to amend the Agriculture and Markets

        21       Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect January 1.


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         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1915, by Senator Meier, Senate Print 7660A, an

        11       act to amend the Social Services Law.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 13.  This

        15       act shall take effect on the 120th day.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1916, by Senator Maltese, Senate Print 7666,


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                                                        5054



         1       an act to amend the Public Authorities Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 5.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1917, by Senator LaValle, Senate Print 7674A,

        16       an act to authorize the Commissioner of

        17       Environmental Conservation.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 6.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1918, by Senator Spano, Senate Print 7818C, an

         7       act to amend the Education Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of

        12       September.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1919, by Senator Meier, Senate Print 7889, an

        23       act to amend the Penal Law and others.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 13.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1920, by Senator Balboni, Senate Print 7893,

        13       an act to amend the Penal Law and the Criminal

        14       Procedure Law.

        15                  SENATOR MONTGOMERY:    Lay it

        16       aside.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       1922, by Senator Meier, Senate Print 7968A, an

        21       act to amend the Highway Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.


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                                                        5057



         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1923, by Senator Marchi, Senate Print 7970, an

        11       act to amend the Real Property Tax Law.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 14.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1924, substituted earlier today by Member of


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                                                        5058



         1       the Assembly Kolb, Assembly Print Number

         2       11513, an act to amend the Alcoholic Beverage

         3       Control Law.

         4                  ACTING PRESIDENT YOUNG:    Read the

         5       last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT YOUNG:    Call the

         9       roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT YOUNG:    Announce

        12       the results.

        13                  THE SECRETARY:    Ayes, 62.

        14                  ACTING PRESIDENT YOUNG:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1925, by Senator Bonacic, Senate Print 8005A,

        18       an act to amend the Private Housing Finance

        19       Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1926, by Senator Johnson, Senate Print 8083,

         9       an act to amend the Tax Law.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 7.  This

        13       act shall take effect on the first day of a

        14       sales tax quarterly period.

        15                  ACTING PRESIDENT YOUNG:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT YOUNG:    Announce

        19       the results.

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1927, by Senator Johnson, Senate Print 8085,

        25       an act to amend the Tax Law.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1928, by Senator Fuschillo, Senate Print 8124,

        15       an act to amend the General Business Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1929, by Senator Leibell, Senate Print 8144,

         5       an act to amend the Public Authorities Law.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Announce

        14       the results.

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT YOUNG:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1930, by Senator Hannon, Senate Print 8145, an

        20       act to amend the New York State Medical Care

        21       Facilities Finance Agency Act.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.


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         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1931, by Senator Little, Senate Print 8164, an

        11       act to legalize, validate, ratify and confirm.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT YOUNG:    Announce

        20       the results.

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT YOUNG:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1932, by Senator Saland, Senate Print 8171A,


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         1       an act to amend the Education Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the 30th day.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.  Nays,

        10       1.  Senator LaValle recorded in the negative.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1933, by the Senate Committee on Rules, Senate

        15       Print Number 8177A, an act to amend

        16       Chapter 509 of the Laws of 2003.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1935, by Senator Libous, Senate Print 8190, an

         6       act to amend the Racing, Pari-Mutuel Wagering

         7       and Breeding Law.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 61.  Nays,

        18       1.  Senator Duane recorded in the negative.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1936, substituted earlier today by Member of

        23       the Assembly Diaz, Assembly Print Number 9598,

        24       an act to amend the State Administrative

        25       Procedure Act.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1937, by Senator Bruno, Senate Print 8205, an

        15       act to amend the Highway Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 4.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1938, by Senator Johnson, Senate Print 8231,

         5       an act to amend the Civil Practice Law and

         6       Rules.

         7                  ACTING PRESIDENT YOUNG:    There is

         8       a home-rule message at the desk.

         9                  Read the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 61.  Nays,

        18       1.  Senator Valesky recorded in the negative.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1940, by Senator Hannon, Senate Print 8323, an

        23       act to amend the Public Authorities Law and

        24       the Public Health Law.

        25                  ACTING PRESIDENT YOUNG:    Read the


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         1       last section.

         2                  THE SECRETARY:    Section 6.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       not to answer.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  Senator Morahan, that completes the

        13       noncontroversial reading of Senate

        14       Supplemental Calendar 59A.

        15                  SENATOR MORAHAN:    Thank you,

        16       Madam President.  Could we now have the

        17       controversial reading of the same supplemental

        18       calendar.  I believe there's one lay-aside on

        19       the floor.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator Morahan.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1920, by Senator Balboni, Senate Print 7893,

        25       an act to amend the Penal Law and the Criminal


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         1       Procedure Law.

         2                  ACTING PRESIDENT YOUNG:    Senator

         3       Montgomery.

         4                  SENATOR MONTGOMERY:    A brief

         5       explanation.

         6                  ACTING PRESIDENT YOUNG:    Senator

         7       Balboni, a brief explanation has been

         8       requested.

         9                  SENATOR BALBONI:    The bill goes

        10       out to the gangs.  Thanks.

        11                  (Laughter.)

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Montgomery.

        14                  SENATOR MONTGOMERY:    Yes, thank

        15       you, Madam President.

        16                  I do want to say that this bill is

        17       very, very different from the bill that has

        18       been touted with all kinds of draconian

        19       measures.  And so I wanted to compliment my

        20       colleague Senator Balboni and Assemblyman

        21       Rivera, because they have, I think, listened

        22       to those of us who have tried, to whatever

        23       extent possible, to have some balance to this

        24       movement around gangs, especially as it

        25       relates to those so-called gangs that are made


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         1       up primarily of teenagers in neighborhoods

         2       across the state.

         3                  And I would hope that we would

         4       continue in this vein, that while we certainly

         5       need to have some intervention anytime that

         6       there is criminal activity that is very

         7       disruptive and dangerous and poses a threat to

         8       the safety of citizens, we also must, I think,

         9       pay much more attention and put much more

        10       resources into those activities that divert

        11       young people in particular, especially

        12       teenagers, from that kind of behavior into

        13       more positive and constructive-type

        14       activities.

        15                  So I just did want to make a

        16       comment on this legislation that it is not as

        17       bad as I had anticipated it might be, that we

        18       have -- that I think that my colleagues have

        19       listened, and I look forward to continuing to

        20       work with them.  And therefore, I'm going to

        21       vote to support this legislation.

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Sabini.

        24                  SENATOR SABINI:    Thank you, Madam

        25       President.  On the bill very briefly.


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         1                  I want to compliment the sponsor

         2       for once again addressing the problem of gang

         3       activity in our neighborhoods, which is

         4       something that's concerned me and a number of

         5       elected officials, particularly in areas where

         6       gangs have come in from outside the country to

         7       try and take over neighborhoods.

         8                  And I want to also compliment the

         9       sponsor on his amazingly brief explanation.

        10                  Thank you.  I vote aye.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Sabini.

        13                  Any other Senator wishing to be

        14       heard?

        15                  Then the debate is closed.

        16                  The Secretary will ring the bell.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect on the first of

        20       November.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Senator

        25       Balboni, to explain his vote.


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         1                  SENATOR BALBONI:    Yes, Madam

         2       President.  This debate went a lot better than

         3       yesterday's.  I think I found the right

         4       measure.  Thank you.  I vote aye.

         5                  ACTING PRESIDENT YOUNG:    I agree,

         6       Senator Balboni.  You will be recorded in the

         7       affirmative.  Thank you.

         8                  The Secretary will announce the

         9       results.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 1920, voting in the negative:

        12       Senator Duane.

        13                  Absent from voting pursuant to

        14       Rule 9:  Senators Sampson, Skelos and Volker.

        15                  Absent from voting:  Senator C.

        16       Kruger.

        17                  Ayes, 57.  Nays, 1.

        18                  ACTING PRESIDENT YOUNG:    The bill

        19       is passed.

        20                  Senator Morahan.

        21                  SENATOR MORAHAN:    If we can just

        22       stay the way we are for the next 10 minutes or

        23       so.  We're going to have a Rules meeting at

        24       5:15.

        25                  That Rules report will be back to


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         1       the chamber, and we'll vote on accepting those

         2       Rules, and then we'll adjourn at 5:30 until

         3       6:30, and then we'll be back to vote on the

         4       remaining calendar.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Morahan.

         7                  The Senate will stand at ease.

         8                  (Whereupon, the Senate stood at

         9       ease at 5:03 p.m.)

        10                  (Whereupon, the Senate reconvened

        11       at 5:43 p.m.)

        12                  ACTING PRESIDENT GOLDEN:    Senator

        13       Leibell, you ready?

        14                  SENATOR LEIBELL:    Yes,

        15       Mr. President.

        16                  May we please return to the reports

        17       of standing committees.  I believe there's a

        18       report of the Rules Committee at the desk.

        19                  ACTING PRESIDENT GOLDEN:    Reports

        20       of standing committees.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Senator Bruno,

        23       from the Committee on Rules, reports the

        24       following bills:

        25                  Senate Print 567A, by Senator


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         1       DeFrancisco, an act to amend the Village Law;

         2                  2747C, by Senator Winner, an act to

         3       direct;

         4                  3027B, by Senator Morahan, an act

         5       to amend the Tax Law;

         6                  3803A, by Senator Leibell, an act

         7       to amend the Education Law;

         8                  5042B, by Senator Leibell, an act

         9       to make certain parents;

        10                  5962, by Senator Marchi, an act to

        11       amend the Tax Law;

        12                  6014A, by Senator Golden, an act to

        13       amend the Vehicle and Traffic Law;

        14                  6523, by Senator Breslin, an act in

        15       relation to permitting;

        16                  6593, by Senator Klein, an act to

        17       amend Chapter 617 of the Laws of 2003;

        18                  6839, by Senator DeFrancisco, an

        19       act to amend the Penal Law;

        20                  6977, by Senator Meier, an act to

        21       amend the Real Property Tax Law;

        22                  7075, by Senator Golden, an act to

        23       amend the Real Property Tax Law;

        24                  7341B, by Senator Hannon, an act

        25       authorizing;


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         1                  7350B, by Senator Maziarz, an act

         2       to amend the Labor Law;

         3                  7351A, by Senator Rath, an act to

         4       establish;

         5                  7402A, by Senator Morahan, an act

         6       to amend the Vehicle and Traffic Law;

         7                  7531, by Senator Farley, an act to

         8       amend the Education Law;

         9                  7568A, by Senator Nozzolio, an act

        10       to amend Tax Law;

        11                  7710, by Senator Padavan, an act to

        12       amend the Private Housing Finance Law;

        13                  7767, by Senator Bonacic, an act to

        14       authorize;

        15                  7944A, by Senator Alesi, an act to

        16       amend the General Business Law;

        17                  7966, by Senator Saland, an act to

        18       amend the Town Law;

        19                  7973A, by Senator Young, an act to

        20       amend the Vehicle and Traffic Law;

        21                  8013A, by Senator Nozzolio, an act

        22       to amend the Vehicle and Traffic Law;

        23                  8017A, by Senator Winner, an act to

        24       amend the Public Authorities Law;

        25                  8035A, by Senator LaValle, an act


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         1       to amend the Vehicle and Traffic Law;

         2                  8105A, by Senator Flanagan, an act

         3       to amend the Not-For-Profit Corporation Law;

         4                  8116, by Senator Leibell, an act to

         5       amend the Public Authorities Law;

         6                  8117, by Senator Leibell, an act to

         7       amend the Public Authorities Law;

         8                  8121A, by Senator Flanagan, an act

         9       to authorize;

        10                  8138A, by Senator Skelos, an act to

        11       amend the Correction Law;

        12                  8198, by Senator Morahan, an act to

        13       authorize;

        14                  8203, by Senator Seward, an act to

        15       amend the Insurance Law;

        16                  8208, by Senator Flanagan, an act

        17       to amend the Judiciary Law;

        18                  8209, by Senator Libous, an act to

        19       amend the General Business Law;

        20                  8213, by Senator Wright, an act to

        21       amend the Energy Law;

        22                  8214, by Senator Marcellino, an act

        23       to amend Chapter 122 of the Laws of 2000;

        24                  8221A, by Senator Hannon, an act to

        25       authorize;


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         1                  8223, by Senator Saland, an act to

         2       amend Chapter 425 of the Laws of 2002;

         3                  8224, by Senator Golden, an act to

         4       amend the Real Property Tax Law;

         5                  8244, by Senator Trunzo, an act to

         6       amend the Civil Service Law;

         7                  8247A, by Senator Bruno, an act to

         8       authorize;

         9                  8255, by Senator Padavan, an act to

        10       amend the Real Property Tax Law;

        11                  8299, by the Senate Committee on

        12       Rules, an act to amend the Retirement and

        13       Social Security Law;

        14                  And Senate Print 8313, by Senator

        15       Saland, an act to amend the Education Law.

        16                  All bills ordered direct to third

        17       reading.

        18                  ACTING PRESIDENT GOLDEN:    Senator

        19       Leibell.

        20                  SENATOR LEIBELL:    Move to accept

        21       the report of the Rules Committee.

        22                  ACTING PRESIDENT GOLDEN:    All in

        23       favor of accepting the report of the Rules

        24       Committee signify by saying aye.

        25                  (Response of "Aye.")


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         1                  ACTING PRESIDENT GOLDEN:

         2       Opposed, nay.

         3                  (No response.)

         4                  ACTING PRESIDENT GOLDEN:    The

         5       report is accepted.

         6                  Senator Leibell.

         7                  SENATOR LEIBELL:    Mr. President,

         8       would the Senate stand at ease until 6:30,

         9       please.

        10                  ACTING PRESIDENT GOLDEN:    The

        11       Senate stands at ease.

        12                  (Whereupon, the Senate stood at

        13       ease at 5:47 p.m.)

        14                  (Whereupon, the Senate reconvened

        15       at 6:53 p.m.)

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Skelos.

        18                  SENATOR SKELOS:    Madam President,

        19       pursuant to Rule 9, I was required to be at a

        20       meeting of the Medicaid Fraud Joint Conference

        21       Committee and cast my vote as follows for

        22       bills on the controversial calendar:  Senate

        23       Bill 7893, Calendar 1920, I vote aye.

        24                  ACTING PRESIDENT YOUNG:    The

        25       record will so reflect.


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         1                  Senator Volker.

         2                  SENATOR VOLKER:    Madam President,

         3       pursuant to Rule 9, which I confess I guess I

         4       had a part of, I was required to be at a

         5       public hearing or meeting of the Medicaid

         6       Fraud Conference Committee and cast my votes

         7       as follows for bills on the controversial

         8       calendar:  Senate Bill Number 7893, Calendar

         9       Number 1920, I vote aye.

        10                  Thank you.

        11                  ACTING PRESIDENT YOUNG:    The

        12       record will so reflect.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Madam President,

        15       if we could now take up Senate Supplemental

        16       Calendar 59B, noncontroversial.

        17                  ACTING PRESIDENT YOUNG:    We will

        18       now have the noncontroversial reading of

        19       Senate Supplemental Calendar 59B.

        20                  SENATOR PADAVAN:    Madam

        21       President.

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Padavan.

        24                  SENATOR PADAVAN:    Yes, Madam

        25       President, may I request that Calendar Number


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         1       1983, Senate Bill Print Number 8255, be

         2       starred.

         3                  ACTING PRESIDENT YOUNG:    So

         4       ordered.

         5                  Senator Sampson.

         6                  SENATOR SAMPSON:    Yes, Madam

         7       President.  Pursuant to Rule 9, I was required

         8       to be at a public hearing of the Medicaid

         9       Fraud Conference Committee.  And if I was able

        10       to cast a vote on Senate Bill 7893, it would

        11       have been aye.

        12                  ACTING PRESIDENT YOUNG:    Thank

        13       you, Senator Sampson.  The record will so

        14       reflect.

        15                  SENATOR SAMPSON:    Thank you.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Skelos.

        18                  SENATOR SKELOS:    Madam President,

        19       I believe there's some housekeeping.  If we

        20       could take that up at this time prior to going

        21       to the next calendar.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you, Senator Skelos.

        24                  Senator Bonacic.

        25                  SENATOR BONACIC:    Thank you,


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         1       Madam President.

         2                  I'd like to move to amend Senate

         3       Bill Number 7351A, on behalf of Senator Rath,

         4       by striking out the amendments made on

         5       June 19th and restoring it to its original

         6       Print Number 7351.

         7                  ACTING PRESIDENT YOUNG:    So

         8       ordered.

         9                  SENATOR BONACIC:    And also, on

        10       behalf of Senator Maziarz, I wish to call up

        11       Print Number 5719B, recalled from the

        12       Assembly, which is now at the desk.

        13                  ACTING PRESIDENT YOUNG:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       876, by Senator Maziarz, Senate Print 5719B,

        17       an act to amend the General Business Law.

        18                  SENATOR BONACIC:    Madam

        19       President, I now move to reconsider the vote

        20       by which the bill was passed.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll on reconsideration.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 62.

        25                  SENATOR BONACIC:    Madam


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         1       President, I now offer the following

         2       amendments.

         3                  ACTING PRESIDENT YOUNG:    The

         4       amendments are received.

         5                  SENATOR BONACIC:    Thank you.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you.

         8                  Senator Skelos.

         9                  SENATOR SKELOS:    Madam President,

        10       are there any substitutions?

        11                  ACTING PRESIDENT YOUNG:    Senator

        12       Skelos, we will substitute those as they're

        13       called.

        14                  SENATOR SKELOS:    Madam President,

        15       if we could take up the Supplemental Calendar

        16       59B, noncontroversial.

        17                  ACTING PRESIDENT YOUNG:    The

        18       Secretary will read.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 1941, Senator DeFrancisco

        21       moves to discharge, from the Committee on

        22       Rules, Assembly Bill Number 315B and

        23       substitute it for the identical Senate Bill

        24       Number 567A, Third Reading Calendar 1941.

        25                  ACTING PRESIDENT YOUNG:


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         1       Substitution ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       1941, by Member of the Assembly Paulin,

         5       Assembly Print Number 315B, an act to amend

         6       the Village Law.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1942, by Senator Winner, Senate Print 2747C,

        21       an act to direct the Department of Economic

        22       Development.

        23                  ACTING PRESIDENT YOUNG:    Read the

        24       last section.

        25                  THE SECRETARY:    Section 2.  This


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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Ayes, 62.

         8                  ACTING PRESIDENT YOUNG:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1943, by Senator Morahan, Senate Print 3027B,

        12       an act to amend the Tax Law.

        13                  ACTING PRESIDENT YOUNG:    There is

        14       a local fiscal impact note at the desk.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 3.  This

        17       act shall take effect on the first day of the

        18       sales tax quarterly period.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  THE SECRETARY:    Ayes, 61.  Nays,

        25       1.  Senator Duane recorded in the negative.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 1944, Senator Leibell moves to

         5       discharge, from the Committee on Education,

         6       Assembly Bill Number 877A and substitute it

         7       for the identical Senate Bill Number 3803A,

         8       Third Reading Calendar 1944.

         9                  ACTING PRESIDENT YOUNG:

        10       Substitution ordered.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       1944, by Member of the Assembly Tokasz,

        14       Assembly Print Number 877A, an act to amend

        15       the Education Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1945, by Senator Leibell, Senate Print 5042B,

         5       an act to make certain parents, widows and

         6       children of certain firefighters.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT YOUNG:    Announce

        15       the results.

        16                  THE SECRETARY:    Ayes, 62.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1946, by Senator Marchi, Senate Print 5962, an

        21       act to amend the Tax Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the same date and in


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         1       the same manner as Chapter 508 of the Laws of

         2       2005.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 1948, Senator Breslin moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 9629 and substitute it

        15       for the identical Senate Bill Number 6523,

        16       Third Reading Calendar 1948.

        17                  ACTING PRESIDENT YOUNG:

        18       Substitution ordered.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       1948, by Member of the Assembly Canestrari,

        22       Assembly Print Number 9629, an act in relation

        23       to permitting.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 60.  Nays,

         9       2.  Senators Bonacic and Larkin recorded in

        10       the negative.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 1949, Senator Klein moves to

        15       discharge, from the Committee on Local

        16       Government, Assembly Bill Number 9753 and

        17       substitute it for the identical Senate Bill

        18       Number 6593, Third Reading Calendar 1949.

        19                  ACTING PRESIDENT YOUNG:

        20       Substitution ordered.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       1949, by Member of the Assembly Paulin,

        24       Assembly Print Number 9753, an act to amend

        25       Chapter 617 of the Laws of 2003.


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         1                  ACTING PRESIDENT YOUNG:    There is

         2       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 YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1950, by Senator DeFrancisco, Senate Print

        16       6839, an act to amend the Penal Law.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the first of

        21       November.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 1951, Senator Meier moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 10250 and substitute it

         9       for the identical Senate Bill Number 6977,

        10       Third Reading Calendar 1951.

        11                  ACTING PRESIDENT YOUNG:

        12       Substitution ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1951, by Member of the Assembly Destito,

        16       Assembly Print Number 10250, an act to amend

        17       the Real Property Tax Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 1952, Senator Golden moves to

         7       discharge, from the Committee on Local

         8       Government, Assembly Bill Number 4360A and

         9       substitute it for the identical Senate Bill

        10       Number 7075, Third Reading Calendar 1952.

        11                  ACTING PRESIDENT YOUNG:

        12       Substitution ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1952, by Member of the Assembly Weprin,

        16       Assembly Print Number 4360A, an act to amend

        17       the Real Property Tax Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 4.  This

        21       act shall take effect on the first of January.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1953, by Senator Hannon, Senate Print 7341B,

         7       an act authorizing.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT YOUNG:    Call the

        13       roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT YOUNG:    Announce

        16       the results.

        17                  THE SECRETARY:    Ayes, 60.  Nays,

        18       2.  Senators Bonacic and Larkin recorded in

        19       the negative.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1957, by Senator Farley, Senate Print 7531, an

        24       act to amend the Education Law.

        25                  ACTING PRESIDENT YOUNG:    Read the


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         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect April 1, 2007.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 1958, Senator Nozzolio moves

        14       to discharge, from the Committee on Rules,

        15       Assembly Bill Number 10859A and substitute it

        16       for the identical Senate Bill Number 7568A,

        17       Third Reading Calendar 1958.

        18                  ACTING PRESIDENT YOUNG:

        19       Substitution ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       1958, by Member of the Assembly Magee,

        23       Assembly Print Number 10859A, an act to amend

        24       the Tax Law.

        25                  ACTING PRESIDENT YOUNG:    Read the


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         1       last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT YOUNG:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT YOUNG:    Announce

         8       the results.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 1958:  Ayes, 61.  Nays, 1.

        11       Senator Young recorded in the negative.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1959, by Senator Padavan, Senate Print 7710,

        16       an act to amend the Private Housing Finance

        17       Law.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT YOUNG:    Announce


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         1       the results.

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT YOUNG:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       1960, by Senator Bonacic, Senate Print 7767,

         7       an act to authorize the Village of Sidney,

         8       County of Delaware.

         9                  ACTING PRESIDENT YOUNG:    There is

        10       a home-rule message at the desk.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 5.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1962, by Senator Saland, Senate Print 7966, an

        24       act to amend the Tax Law.

        25                  ACTING PRESIDENT YOUNG:    There is


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         1       a home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 4.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1965, by Senator Winner, Senate Print 8017A,

        15       an act to amend the Public Authorities Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 4.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    In relation to

         4       Calendar Number 1967, Senator Flanagan moves

         5       to discharge, from the Committee on Rules,

         6       Assembly Bill Number 10774A and substitute it

         7       for the identical Senate Bill Number 8105A,

         8       Third Reading Calendar 1967.

         9                  ACTING PRESIDENT YOUNG:

        10       Substitution ordered.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       1967, by Member of the Assembly Weisenberg,

        14       Assembly Print Number 10774A, an act to amend

        15       the Not-For-Profit Corporation Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 90th day.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1968, by Senator Leibell, Senate Print 8116,

         5       an act to amend the Public Authorities Law.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT YOUNG:    Call the

        11       roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT YOUNG:    Announce

        14       the results.

        15                  THE SECRETARY:    Ayes, 61.  Nays,

        16       1.  Senator Duane recorded in the negative.

        17                  ACTING PRESIDENT YOUNG:    The bill

        18       is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1969, by Senator Leibell, Senate Print 8117,

        21       an act to amend the Public Authorities Law.

        22                  ACTING PRESIDENT YOUNG:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.


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         1                  ACTING PRESIDENT YOUNG:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT YOUNG:    Announce

         5       the results.

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    In relation to

        10       Calendar Number 1970, Senator Flanagan moves

        11       to discharge, from the Committee on Rules,

        12       Assembly Bill Number 11293B and substitute it

        13       for the identical Senate Bill Number 8121A,

        14       Third Reading Calendar 1970.

        15                  ACTING PRESIDENT YOUNG:

        16       Substitution ordered.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1970, by Member of the Assembly Englebright,

        20       Assembly Print Number 11293B, an act to

        21       authorize the Three Village Historical

        22       Society.

        23                  ACTING PRESIDENT YOUNG:    Read the

        24       last section.

        25                  THE SECRETARY:    Section 2.  This


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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT YOUNG:    Call the

         3       roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT YOUNG:    Announce

         6       the results.

         7                  THE SECRETARY:    Ayes, 60.  Nays,

         8       2.  Senators Bonacic and Larkin recorded in

         9       the negative.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1971, by Senator Skelos, Senate Print 8138A,

        14       an act to amend the Correction Law.

        15                  ACTING PRESIDENT YOUNG:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect on the 60th day.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT YOUNG:    Announce

        23       the results.

        24                  THE SECRETARY:    Ayes, 62.

        25                  ACTING PRESIDENT YOUNG:    The bill


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         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1972, by Senator Morahan, Senate Print 8198,

         4       an act to authorize.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       not to answer.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1972, those recorded in the

        16       negative are Senators Bonacic, Larkin and

        17       Rath.

        18                  Ayes, 59.  Nays, 3.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1973, by Senator Seward, Senate Print 8203, an

        23       act to amend the Insurance Law.

        24                  ACTING PRESIDENT YOUNG:    Read the

        25       last section.


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         1                  THE SECRETARY:    Section 6.  This

         2       act shall take effect on the 90th day.

         3                  ACTING PRESIDENT YOUNG:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT YOUNG:    Announce

         7       the results.

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1974 --

        13                  SENATOR SKELOS:    Please lay it

        14       aside temporarily.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is laid aside temporarily.

        17                  THE SECRETARY:    Calendar Number

        18       1976, by Senator Wright, Senate Print 8213, an

        19       act to amend the Energy Law and the Tax Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 25.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 1977, Senator Marcellino moves

         9       to discharge, from the Committee on Rules,

        10       Assembly Bill Number 11305 and substitute it

        11       for the identical Senate Bill Number 8214,

        12       Third Reading Calendar 1977.

        13                  ACTING PRESIDENT YOUNG:

        14       Substitution ordered.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       1977, by Member of the Assembly O'Donnell,

        18       Assembly Print Number 11305, an act to amend

        19       Chapter 122 of the Laws of 2000, amending the

        20       Environmental Conservation Law.

        21                  ACTING PRESIDENT YOUNG:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT YOUNG:    Call the


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         1       roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT YOUNG:    Announce

         4       the results.

         5                  THE SECRETARY:    Ayes, 61.  Nays,

         6       1.  Senator Duane recorded in the negative.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  Senator Skelos.

        10                  SENATOR SKELOS:    Madam President,

        11       if we could return to Calendar Number 1974.

        12                  ACTING PRESIDENT YOUNG:    The

        13       Secretary will read.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 1974, Senator Flanagan moves

        16       to discharge, from the Committee on Rules,

        17       Assembly Bill Number 11763A and substitute it

        18       for the identical Senate Bill Number 8208,

        19       Third Reading Calendar 1974.

        20                  ACTING PRESIDENT YOUNG:

        21       Substitution ordered.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1974, by the Assembly Committee on Rules,

        25       Assembly Print Number 11763A, an act to amend


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         1       the Judiciary Law.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT YOUNG:    Announce

        10       the results.

        11                  THE SECRETARY:    Ayes, 62.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1978, by Senator Hannon, Senate Print 8221A,

        16       an act to authorize.

        17                  ACTING PRESIDENT YOUNG:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT YOUNG:    Announce

        25       the results.


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         1                  THE SECRETARY:    Ayes, 60.  Nays,

         2       2.  Senators Bonacic and Larkin recorded in

         3       the negative.

         4                  ACTING PRESIDENT YOUNG:    The bill

         5       is passed.

         6                  THE SECRETARY:    Calendar Number

         7       1979, by Senator Saland, Senate Print 8223, an

         8       act to amend Chapter 425 of the Laws of 2002.

         9                  ACTING PRESIDENT YOUNG:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 3.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT YOUNG:    Announce

        17       the results.

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT YOUNG:    The bill

        20       is passed.

        21                  Senator Skelos.

        22                  SENATOR SKELOS:    Madam President,

        23       if we could return to Calendar Number 1955.

        24                  ACTING PRESIDENT YOUNG:    The

        25       Secretary will read.


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         1                  THE SECRETARY:    Calendar Number

         2       1955, by Senator Rath, Senate Print 7351, an

         3       act to establish.

         4                  ACTING PRESIDENT YOUNG:    There is

         5       a home-rule message at the desk.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 1980, Senator Golden moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 11797 and substitute it

        21       for the identical Senate Bill Number 8224,

        22       Third Reading Calendar 1980.

        23                  ACTING PRESIDENT YOUNG:

        24       Substitution ordered.

        25                  The Secretary will read.


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         1                  THE SECRETARY:    Calendar Number

         2       1980, by the Assembly Committee on Rules,

         3       Assembly Print Number 11797, an act to amend

         4       the Real Property Tax Law.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT YOUNG:    Announce

        13       the results.

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1981, by Senator Trunzo, Senate Print 8244, an

        19       act to amend the Civil Service Law.

        20                  ACTING PRESIDENT YOUNG:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT YOUNG:    Call the

        25       roll.


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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT YOUNG:    Announce

         3       the results.

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT YOUNG:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1982, by Senator Bruno, Senate Print 8247A, an

         9       act to authorize an extension.

        10                  ACTING PRESIDENT YOUNG:    Read the

        11       last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT YOUNG:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT YOUNG:    Announce

        18       the results.

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1984, by the Senate Committee on Rules, Senate

        24       Print Number 8299, an act to amend the

        25       Retirement and Social Security Law.


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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT YOUNG:    Announce

         9       the results.

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       1985, by Senator Saland, Senate Print 8313, an

        15       act to amend the Education Law.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT YOUNG:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT YOUNG:    Announce

        24       the results.

        25                  THE SECRETARY:    Ayes, 62.


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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  That completes the reading of

         4       Supplemental Calendar 59B.

         5                  Senator Skelos.

         6                  SENATOR SKELOS:    Madam President,

         7       is there any further business at the desk at

         8       this time?

         9                  ACTING PRESIDENT YOUNG:    No,

        10       there isn't.

        11                  SENATOR SKELOS:    For the benefit

        12       of the members, there will be a meeting of the

        13       Rules Committee in the Majority Conference

        14       Room at 7:30.  We will then take the report of

        15       the Rules Committee, not bring it up for a

        16       vote, and adjourn.

        17                  And I'm not making a formal motion

        18       yet, but session tomorrow will be at

        19       11:00 a.m.

        20                  So if we could stand at ease, and

        21       there will be a meeting of the Rules Committee

        22       at 7:30 p.m.

        23                  ACTING PRESIDENT YOUNG:    The

        24       Senate will stand at ease.

        25                  There's a meeting of the Rules


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         1       Committee at 7:30.

         2                  (Whereupon, the Senate stood at

         3       ease at 7:17 p.m.)

         4                  (Whereupon, the Senate reconvened

         5       at 7:51 p.m.)

         6                  ACTING PRESIDENT STACHOWSKI:

         7       Senator Skelos.

         8                  SENATOR SKELOS:    If we could

         9       return to reports of standing committees,

        10       there's a report of the Rules Committee at the

        11       desk.  I ask that it be read at this time.

        12                  ACTING PRESIDENT STACHOWSKI:

        13       Reports of standing committees.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Senator Bruno,

        16       from the Committee on Rules, reports the

        17       following bills:

        18                  Senate Print 2522A, by Senator

        19       Krueger, an act to authorize;

        20                  7352A, by Senator Saland, an act to

        21       amend the Penal Law;

        22                  8148, by Senator Skelos, an act to

        23       amend the Retirement and Social Security Law;

        24                  8156A, by Senator Oppenheimer, an

        25       act authorizing;


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         1                  8217, by Senator Little, an act to

         2       amend the Real Property Tax Law;

         3                  8218, by Senator Meier, an act to

         4       amend the Social Services Law;

         5                  8239, by Senator DeFrancisco, an

         6       act to authorize;

         7                  8240, by Senator Marcellino, an act

         8       to amend the Agriculture and Markets Law;

         9                  8242, by Senator Padavan, an act to

        10       amend the Education Law;

        11                  8263, by Senator Fuschillo, an act

        12       to amend the Penal Law;

        13                  8264A, by Senator Morahan, an act

        14       to authorize;

        15                  8266A, by Senator Wright, an act to

        16       amend the Public Authorities Law;

        17                  8268, by Senator Morahan, an act to

        18       amend the Environmental Conservation Law;

        19                  8274, by Senator Robach, an act to

        20       amend the Civil Service Law;

        21                  8276, by Senator Spano, an act to

        22       amend Chapter 761 of the Laws of 1976;

        23                  8278A, by Senator Hannon, an act to

        24       authorize;

        25                  8280, by Senator Balboni, an act to


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         1       amend the Executive Law;

         2                  8282, by Senator DeFrancisco, an

         3       act to amend the General Municipal Law;

         4                  8284, by Senator Golden, an act to

         5       amend the Penal Law;

         6                  8286A, by the Senate Committee on

         7       Rules, an act to amend the Real Property Tax

         8       Law;

         9                  8289, by Senator Maziarz, an act to

        10       amend the Labor Law;

        11                  8290, by Senator Golden, an act to

        12       amend the Penal Law;

        13                  8297A, by Senator Spano, an act to

        14       amend the Tax Law;

        15                  8302, by Senator Skelos, an act to

        16       authorize;

        17                  8305, by Senator Bonacic, an act

        18       relating to authorizing;

        19                  8311, by Senator Larkin, an act

        20       authorizing;

        21                  8328, by Senator Marcellino, an act

        22       to amend the Tax Law;

        23                  8333, by Senator Bruno, an act

        24       proposing;

        25                  8334, by Senator Bruno, an act to


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         1       amend the State Finance Law;

         2                  8338, by Senator Saland, an act to

         3       authorize;

         4                  8339A, by Senator Robach, an act to

         5       amend the Retirement and Social Security Law;

         6                  8348, by Senator Marchi, an act to

         7       amend the Workers' Compensation Law;

         8                  8362, by the Senate Committee on

         9       Rules, an act to amend the Real Property Tax

        10       Law;

        11                  8382, by Senator Spano, an act to

        12       amend the Labor Law;

        13                  8387, by Senator Rath, an act to

        14       allow;

        15                  8389, by Senator Balboni, an act to

        16       amend the Public Authorities Law;

        17                  And Senate Print 8390, by Senator

        18       Alesi, an act to provide.

        19                  All bills ordered direct to third

        20       reading.

        21                  ACTING PRESIDENT STACHOWSKI:

        22       Senator Skelos.

        23                  SENATOR SKELOS:    Mr. President, I

        24       move that we accept the Rules report.

        25                  ACTING PRESIDENT STACHOWSKI:    All


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         1       in favor of accepting the report of the Rules

         2       Committee signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT STACHOWSKI:

         5       Opposed, nay.

         6                  (No response.)

         7                  ACTING PRESIDENT STACHOWSKI:    The

         8       report is accepted.

         9                  Senator Skelos.

        10                  SENATOR SKELOS:    Is there any

        11       further business at the desk?

        12                  ACTING PRESIDENT STACHOWSKI:    No

        13       further business.

        14                  SENATOR SKELOS:    Mr. President,

        15       there being no further business to come before

        16       the Senate, I move we stand adjourned until

        17       Wednesday, June 21st, at 11:00 a.m.

        18                  ACTING PRESIDENT STACHOWSKI:    On

        19       motion, the Senate stands adjourned until

        20       Wednesday, June 21st, at 11:00 a.m.

        21                  (Whereupon, at 7:55 p.m., the

        22       Senate adjourned.)

        23

        24

        25


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