Regular Session - June 24, 2008

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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 24, 2008

        11                      10:12 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH A. GRIFFO, Acting 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                  ACTING PRESIDENT GRIFFO:    The

         3       Senate will come to order.

         4                  I ask all present to please rise

         5       and join with me as we recite the Pledge of

         6       Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    In the

        10       absence of clergy, I ask that we all bow our

        11       heads in a moment of silent prayer.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT GRIFFO:    The

        15       reading of the Journal.

        16                  THE SECRETARY:    In Senate,

        17       Monday, June 23, Senate met pursuant to

        18       adjournment.  The Journal of Sunday, June 22,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  ACTING PRESIDENT GRIFFO:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  The chair hands down a message from

         2       the Assembly, and the Secretary will read.

         3                  THE SECRETARY:    The Assembly

         4       returns Senate Bill Number 5425B, Assembly

         5       Reprint Number 30000, with a message that it

         6       has concurred in the passage of the same.

         7                  Senator Padavan moved that the

         8       Senate concur in said amendments.

         9                  ACTING PRESIDENT GRIFFO:    Without

        10       objection, the amendments are concurred, and

        11       the bill is before the house.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       1715, by Senator Padavan, Senate Print 5425B,

        15       Assembly Reprint 30000, an act to amend the

        16       Tax Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 5.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 46.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       bill is passed.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Skelos.

         9                  SENATOR SKELOS:    Mr. President,

        10       if we could adopt the Resolution Calendar at

        11       this time.

        12                  ACTING PRESIDENT GRIFFO:    All in

        13       favor of adopting the Resolution Calendar

        14       signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT GRIFFO:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT GRIFFO:    The

        20       Resolution Calendar is adopted.

        21                  Senator Skelos.

        22                  SENATOR SKELOS:    There will be an

        23       immediate meeting of the Rules Committee in

        24       Room 124 of the Capitol.

        25                  ACTING PRESIDENT GRIFFO:    There



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         1       will be an immediate meeting of the Rules

         2       Committee in Room 124 of the Capitol.

         3                  SENATOR SKELOS:    And if we could

         4       stand at ease.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       Senate stands at ease.

         7                  (Whereupon, the Senate stood at

         8       ease at 10:16 a.m.)

         9                  (Whereupon, the Senate reconvened

        10       at 10:34 a.m.)

        11                  ACTING PRESIDENT GRIFFO:    The

        12       Senate will come to order.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    If we could

        15       return to reports of standing committees for

        16       the report of the Rules Committee.

        17                  ACTING PRESIDENT GRIFFO:    Reports

        18       of standing committees.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Senator Bruno,

        21       from the Committee on Rules, reports the

        22       following bills:

        23                  Senate Print 2007, by Senator

        24       Volker, an act to amend the Public Service

        25       Law;



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         1                  2277, by Senator Klein, an act to

         2       amend the Penal Law;

         3                  3208A, by Senator LaValle, an act

         4       to amend the General Municipal Law;

         5                  3528A, by Senator Padavan, an act

         6       to amend the Public Health Law;

         7                  4579A, by Senator Maltese, an act

         8       to amend the Vehicle and Traffic Law;

         9                  4813, by Senator Nozzolio, an act

        10       to amend the Energy Law;

        11                  4956A, by Senator Volker, an act to

        12       amend the Executive Law;

        13                  5562B, by Senator Volker, an act to

        14       amend the Education Law;

        15                  6055A, by Senator Marcellino, an

        16       act to amend the Environmental Conservation

        17       Law;

        18                  6101B, by Senator Griffo, an act to

        19       amend the Alcoholic Beverage Control Law;

        20                  6172A, by the Senate Committee on

        21       Rules, an act in relation to authorizing;

        22                  6210A, by Senator Hannon, an act to

        23       amend the Public Health Law;

        24                  6260, by Senator Libous, an act to

        25       amend the Executive Law;



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         1                  6668A, by Senator DeFrancisco, an

         2       act to amend the Environmental Conservation

         3       Law;

         4                  6682A, by Senator Young, an act to

         5       amend the Environmental Conservation Law;

         6                  6754B, by Senator Lanza, an act to

         7       amend the Judiciary Law;

         8                  6780B, by Senator Robach, an act to

         9       amend the Civil Service Law;

        10                  7112A, by Senator Valesky, an act

        11       to amend the Environmental Conservation Law;

        12                  7306, by Senator Morahan, an act to

        13       amend the Public Health Law;

        14                  7454, by Senator Volker, an act to

        15       amend the Environmental Conservation Law;

        16                  7455A, by Senator Flanagan, an act

        17       to amend the Public Authorities Law;

        18                  7460, by Senator Nozzolio, an act

        19       to amend the Executive Law;

        20                  7561A, by Senator Seward, an act to

        21       amend the Insurance Law;

        22                  7600, by Senator Bonacic, an act to

        23       amend the Executive Law;

        24                  7665, by Senator Young, an act to

        25       authorize;



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         1                  7760, by Senator Farley, an act to

         2       amend the Education Law;

         3                  7908C, by Senator Young, an act to

         4       amend the Agriculture and Markets Law;

         5                  7936A, by Senator Padavan, an act

         6       to amend the Education Law;

         7                  8014, by Senator Lanza, an act to

         8       amend the Administrative Code of the City of

         9       New York;

        10                  8125D, by Senator LaValle, an act

        11       to amend Chapter 61 of the Laws of 2006;

        12                  8199A, by the Senate Committee on

        13       Rules, an act to amend the General Municipal

        14       Law;

        15                  8251, by Senator Marcellino, an act

        16       to amend the Environmental Conservation Law;

        17                  8269A, by Senator Hannon, an act to

        18       legalize, validate, ratify and confirm;

        19                  8285A, by Senator O. Johnson, an

        20       act to amend the State Finance Law;

        21                  8383, by Senator Little, an act to

        22       amend the General Municipal Law;

        23                  8429, by Senator Morahan, an act to

        24       amend the Retirement and Social Security Law;

        25                  8502, by Senator LaValle, an act



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         1       authorizing;

         2                  8512, by Senator Larkin, an act to

         3       authorize;

         4                  8532, by Senator Bruno, an act to

         5       amend the Environmental Conservation Law;

         6                  8548, by Senator Lanza, an act to

         7       amend the Real Property Tax Law;

         8                  8551A, by the Senate Committee on

         9       Rules, an act to amend the Mental Hygiene Law;

        10                  8591, by Senator LaValle, an act to

        11       amend Chapter 112 of the Laws of 2007;

        12                  8593B, by the Senate Committee on

        13       Rules, an act to amend the Insurance Law;

        14                  8612, by Senator Marcellino, an act

        15       to amend the Environmental Conservation Law;

        16                  8615, by Senator Saland, an act to

        17       amend the Penal Law;

        18                  8634, by Senator Libous, an act to

        19       amend the Environmental Conservation Law;

        20                  8658A, by Senator Little,

        21       Concurrent Resolution of the Senate and

        22       Assembly;

        23                  8661, by Senator DeFrancisco, an

        24       act to amend the Civil Practice Law and Rules;

        25                  8665, by Senator Winner, an act to



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         1       amend the Family Court Act and others.

         2                  8666, by Senator Winner, an act in

         3       relation to capital improvement projects;

         4                  8669, by Senator Farley, an act to

         5       amend the Civil Service Law;

         6                  8671, by Senator Golden, an act to

         7       amend the Education Law.

         8                  8675, by Senator Saland, an act to

         9       create;

        10                  8678, by Senator Libous, an act to

        11       amend the Vehicle and Traffic Law;

        12                  8689, by the Senate Committee on

        13       Rules, an act to amend Chapter 53 of the Laws

        14       of 2008;

        15                  8709, by the Senate Committee on

        16       Rules, an act to amend the Racing, Pari-Mutuel

        17       Wagering and Breeding Law and others;

        18                  8710, by Senator Morahan, an act to

        19       amend the Mental Hygiene Law;

        20                  And Senate Print 5254, by Senator

        21       Diaz, an act to amend the Elder Law.

        22                  All bills ordered direct to third

        23       reading.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Skelos.



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         1                  SENATOR SKELOS:    Move to accept

         2       the report of the Rules Committee.

         3                  ACTING PRESIDENT GRIFFO:    All in

         4       favor of accepting the Rules Committee report

         5       signify by saying aye.

         6                  (Response of "Aye.)

         7                  ACTING PRESIDENT GRIFFO:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT GRIFFO:    The

        11       Rules Committee report is accepted.

        12                  Senator Skelos.

        13                  SENATOR SKELOS:    Mr. President,

        14       if we could take up Senate Supplemental

        15       Calendar 64A, noncontroversial.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       Secretary will read Senate Supplemental

        18       Calendar 64A.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 2109, Senator Volker moves to

        21       discharge, from the Committee on Energy and

        22       Telecommunications, Assembly Bill Number 606

        23       and substitute it for the identical Senate

        24       Bill Number 2007, Third Reading Calendar 2109.

        25                  ACTING PRESIDENT GRIFFO:



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         1       Substitution ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       2109, by Member of the Assembly Cahill,

         5       Assembly Print Number 606, an act to amend the

         6       Public Service Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the first of January.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       2110, by Senator Klein, Senate Print 2277, an

        19       act to amend the Penal Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect on the first of

        24       November.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 61.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       2111, by Senator LaValle, Senate Print 3208A,

         8       an act to amend the Executive Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the 180th day.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.  Nays,

        17       1.  Senator Perkins recorded in the negative.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 2112, Senator Padavan moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 7402B and substitute it

        24       for the identical Senate Bill Number 3528A,

        25       Third Reading Calendar 2112.



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         1                  ACTING PRESIDENT GRIFFO:

         2       Substitution ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       2112, by Member of the Assembly Rosenthal,

         6       Assembly Print Number 7402B, an act to amend

         7       the Public Health Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect six months after it

        12       shall have become a law.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       2113, by Senator Maltese, Senate Print 4579A,

        21       an act to amend the Vehicle and Traffic Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       2114, by Senator Nozzolio, Senate Print 4813,

         9       an act to amend the Energy Law.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       2115, by Senator Volker, Senate Print 4956A,

        22       an act to amend the Executive Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 59.  Nays,

         6       2.  Senators DeFrancisco and Saland recorded

         7       in the negative.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 2116, Senator Volker moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 7934B and substitute it

        14       for the identical Senate Bill Number 5562B,

        15       Third Reading Calendar 2116.

        16                  ACTING PRESIDENT GRIFFO:

        17       Substitution ordered.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       2116, by Member of the Assembly Hoyt, Assembly

        21       Print Number 7934B, an act to amend the

        22       Education Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 61.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 2117, Senator Marcellino moves

        10       to discharge, from the Committee on Rules,

        11       Assembly Bill Number 9019A and substitute it

        12       for the identical Senate Bill Number 6055A,

        13       Third Reading Calendar 2117.

        14                  ACTING PRESIDENT GRIFFO:

        15       Substitution ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       2117, by Member of the Assembly Sweeney,

        19       Assembly Print Number 9019A, an act to amend

        20       the Environmental Conservation Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 60.  Nays,

         4       1.  Senator Little recorded in the negative.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 2118, Senator Griffo moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 9055B and substitute it

        11       for the identical Senate Bill Number 6101B,

        12       Third Reading Calendar 2118.

        13                  ACTING PRESIDENT GRIFFO:

        14       Substitution ordered.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       2118, by Member of the Assembly Destito,

        18       Assembly Print Number 9055B, an act to amend

        19       the Alcoholic Beverage Control Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       2119, by the Senate Committee on Rules, Senate

         7       Print 6172A, an act in relation to authorizing

         8       the City of Elmira, County of Chemung.

         9                  ACTING PRESIDENT GRIFFO:    There

        10       is a home-rule message at the desk.

        11                  The Secretary will read the last

        12       section.

        13                  THE SECRETARY:    Section 9.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT GRIFFO:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:     Ayes, 61.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 2120, Senator Hannon moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 8730C and substitute it

        25       for the identical Senate Bill Number 6210A,



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         1       Third Reading Calendar 2120.

         2                  ACTING PRESIDENT GRIFFO:

         3       Substitution ordered.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       2120, by --

         7                  SENATOR DUANE:    Lay it aside,

         8       please.

         9                  ACTING PRESIDENT GRIFFO:    Lay it

        10       aside.

        11                  THE SECRETARY:    Calendar Number

        12       2121, by Senator Libous, Senate Print 6260, an

        13       act to amend the Executive Law and the

        14       Workers' Compensation Law.

        15                  SENATOR DUANE:    Lay it aside,

        16       please.

        17                  ACTING PRESIDENT GRIFFO:    Lay it

        18       aside.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 2122, Senator DeFrancisco

        21       moves to discharge, from the Committee on

        22       Rules, Assembly Bill Number 9667A and

        23       substitute it for the identical Senate Bill

        24       Number 6668A, Third Reading Calendar 2122.

        25                  ACTING PRESIDENT GRIFFO:



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         1       Substitution ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       2122, by Member of the Assembly Magnarelli,

         5       Assembly Print Number 9667A, an act to amend

         6       the Environmental Conservation Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       2123, by Senator Young, Senate Print 6682A, an

        19       act to amend the Environmental Conservation

        20       Law.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       Secretary will read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 2123 are

         5       Senators Duane, Perkins and Serrano.

         6                  Ayes, 58.  Nays, 3.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       2124, by Senator Lanza, Senate Print 6754B, an

        11       act to amend the Judiciary Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       2125, by Senator Robach, Senate Print 6780B,

        24       an act to amend the Civil Service Law.

        25                  ACTING PRESIDENT GRIFFO:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the 30th day.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 2126, Senator Valesky moves to

        12       discharge, from the Committee on Rules,

        13       Assembly Bill Number 10163A and substitute it

        14       for the identical Senate Bill Number 7112A,

        15       Third Reading Calendar 2126.

        16                  ACTING PRESIDENT GRIFFO:

        17       Substitution ordered.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       2126, by Member of the Assembly Magee,

        21       Assembly Print Number 10163A, an act to amend

        22       the Environmental Conservation Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Those recorded in

         6       the negative on Calendar Number 2126 are

         7       Senators Duane, Perkins and Serrano.

         8                  Ayes, 58.  Nays, 3.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 2127, Senator Morahan moves to

        13       discharge, from the Committee on Health,

        14       Assembly Bill Number 9915A and substitute it

        15       for the identical Senate Bill Number 7306,

        16       Third Reading Calendar 2127.

        17                  ACTING PRESIDENT GRIFFO:

        18       Substitution ordered.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       2127, by Member of the Assembly Jaffee,

        22       Assembly Print Number 9915A, an act to amend

        23       the Public Health Law and the Executive Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the 180th day.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       2128, by Senator Volker, Senate Print 7454, an

        11       act to amend the Environmental Conservation

        12       Law.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 5.  This

        16       act shall take effect on the 90th day.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:     Ayes, 61.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       2129, by Senator Flanagan, Senate Print 7455A,

        25       an act to amend the Public Authorities Law.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       2130, by Senator Alesi, Senate Print 7560A, an

        13       act to amend the Environmental Conservation

        14       Law.

        15                  ACTING PRESIDENT GRIFFO:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect on the 180th day.

        19                  ACTING PRESIDENT GRIFFO:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       2131, by Senator Seward, Senate Print 7561A,

         2       an act to amend the Insurance Law.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 8.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 61.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       2132, by Senator Bonacic, Senate Print 7600,

        15       an act to amend the Executive Law.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 120th day.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       2133, by Senator Young, Senate Print 7665, an

         3       act to authorize the Town of Portville.

         4                  ACTING PRESIDENT GRIFFO:    There

         5       is a home-rule message at the desk.

         6                  The Secretary will read the last

         7       section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 2134, Senator Farley moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 11398 and substitute it

        20       for the identical Senate Bill Number 7760,

        21       Third Reading Calendar 2134.

        22                  ACTING PRESIDENT GRIFFO:

        23       Substitution ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       2134, by Member of the Assembly McEneny,

         2       Assembly Print Number 11398, an act to amend

         3       the Education Law.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll call.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       2135, by Senator Young, Senate Print 7908C, an

        16       act to amend the Agriculture and Markets Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 4.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       bill is passed.

         2                  THE SECRETARY:    In relation to

         3       Calendar Number 2136, Senator Padavan moves to

         4       discharge, from the Committee on Rules,

         5       Assembly Bill Number 10985A and substitute it

         6       for the identical Senate Bill Number 7936A,

         7       Third Reading Calendar 2136.

         8                  ACTING PRESIDENT GRIFFO:

         9       Substitution ordered.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       2136, by Member of the Assembly Canestrari,

        13       Assembly Print Number 10985A, an act to amend

        14       the Education Law.

        15                  ACTING PRESIDENT GRIFFO:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect September 1, 2009.

        19                  ACTING PRESIDENT GRIFFO:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 2137, Senator Lanza moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 10107 and substitute it

         4       for the identical Senate Bill Number 8014,

         5       Third Reading Calendar 2137.

         6                  ACTING PRESIDENT GRIFFO:

         7       Substitution ordered.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       2137, by Member of the Assembly Abbate,

        11       Assembly Print Number 10107, an act to amend

        12       the Administrative Code of the City of

        13       New York.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 2138, Senator LaValle moves to



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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 11665B and substitute it

         3       for the identical Senate Bill Number 8125D,

         4       Third Reading Calendar 2138.

         5                  ACTING PRESIDENT GRIFFO:

         6       Substitution ordered.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       2138, by the Assembly Committee on Rules,

        10       Assembly Print Number 11665B, an act to amend

        11       Chapter 61 of the Laws of 2006.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 2139, Senator Bruno moves to

        24       discharge, from the Committee on Rules,

        25       Assembly Bill Number 11110A, and substitute it



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         1       for the identical Senate Bill Number 8199A,

         2       Third Reading Calendar 2139.

         3                  ACTING PRESIDENT GRIFFO:

         4       Substitution ordered.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       2139, by Member of the Assembly Abbate,

         8       Assembly Print Number 11110A, an act to amend

         9       the General Municipal Law.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       2140, by Senator Marcellino, Senate Print

        22       8251, an act to amend the Environmental

        23       Conservation Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       2141, by Senator Hannon, Senate Print 8269A,

        11       an act to legalize, validate, ratify and

        12       confirm certain transportation contracts.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 2142, Senator O. Johnson moves

        25       to discharge, from the Committee on Rules,



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         1       Assembly Bill Number 11137A and substitute it

         2       for the identical Senate Bill Number 8285A,

         3       Third Reading Calendar 2142.

         4                  ACTING PRESIDENT GRIFFO:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       2142, by --

         9                  SENATOR DUANE:    Lay it aside,

        10       please.

        11                  ACTING PRESIDENT GRIFFO:    Lay it

        12       aside.

        13                  THE SECRETARY:    Calendar Number

        14       2143, by Senator Little --

        15                  SENATOR LITTLE:    Lay it aside for

        16       the day.

        17                  SENATOR LIBOUS:    Lay it aside for

        18       the day.

        19                  ACTING PRESIDENT GRIFFO:    Lay it

        20       aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       2144, by Senator Morahan, Senate Print 8429,

        23       an act to amend the Retirement and Social

        24       Security Law.

        25                  ACTING PRESIDENT GRIFFO:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       2145, by Senator LaValle, Senate Print 8502,

        12       an act authorizing the Town of East Hampton,

        13       in the County of Suffolk.

        14                  ACTING PRESIDENT GRIFFO:    There

        15       is a home-rule message at the desk.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT GRIFFO:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:     Ayes, 61.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       2146, by Senator Larkin, Senate Print 8512, an

         2       act to authorize Francis Dart, a retired

         3       member of the New York State and Local Police

         4       and Fire Retirement System.

         5                  ACTING PRESIDENT GRIFFO:    There

         6       is a home-rule message at the desk.

         7                  The Secretary will read the last

         8       section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       2147, by Senator Bruno, Senate Print 8532, an

        19       act to amend the Environmental Conservation

        20       Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 9.  This

        24       act shall take effect upon receipt by the

        25       Commissioner of Environmental Conservation.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 2148, Senator Lanza moves to

         9       discharge, from the Committee on Rules,

        10       Assembly Bill Number 11621 and substitute it

        11       for the identical Senate Bill Number 8548,

        12       Third Reading Calendar 2148.

        13                  ACTING PRESIDENT GRIFFO:

        14       Substitution ordered.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       2148, by the Assembly Committee on Rules,

        18       Assembly Print Number 11621, an act to amend

        19       the Real Property Tax Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       2149, by the Senate Committee on Rules, Senate

         7       Print Number 8551A, an act to amend the Mental

         8       Hygiene Law.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       2150, by Senator LaValle, Senate Print 8591,

        21       an act to amend Chapter 112 of the Laws of

        22       2007 authorizing the Commissioner of

        23       Environmental Conservation.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the same date and in

         3       the same manner as Chapter 112 of the Laws of

         4       2007.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       2151, by the Senate Committee on Rules, Senate

        13       Print Number 8593B, an act to amend the

        14       Insurance Law.

        15                  ACTING PRESIDENT GRIFFO:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 21.  This

        18       act shall take effect on the 180th day.

        19                  ACTING PRESIDENT GRIFFO:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       DeFrancisco.

        24                  SENATOR DeFRANCISCO:    Yes, this

        25       bill has been a long time in coming.  There



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         1       were various stakeholders that had interest in

         2       how this bill was crafted for viatical

         3       settlements.  And I just -- I had a bill

         4       originally.  Senator Seward had one as well.

         5       There were competing bills, there were new

         6       bills, and there were other bills.

         7                  I just want to thank Damon Stewart,

         8       who stuck with it all the way through this

         9       process and was able to get the parties

        10       together this year and pass a bill that is a

        11       good bill, that doesn't completely satisfy

        12       everyone, but does what has to be done in the

        13       regulation of this industry and allowing this

        14       type of vehicle to be used by our citizens.

        15                  Thank you.

        16                  ACTING PRESIDENT GRIFFO:    Thank

        17       you, Senator DeFrancisco.

        18                  Senator Seward.

        19                  SENATOR SEWARD:    Yes, Mr.

        20       President, I'm very pleased to stand in

        21       support of this legislation, which at long

        22       last, as Senator DeFrancisco mentioned, at

        23       long last does bring some regulation to the

        24       life settlements industry in New York State.

        25                  And while life settlements are an



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         1       important option for consumers who may not

         2       need their life insurance policies anymore, it

         3       is very important -- particularly for senior

         4       citizens, who are often those who settle

         5       policies -- very important that we enact these

         6       consumer protections.

         7                  This legislation deals with the

         8       licensing of life settlement brokers, privacy

         9       protections, specifically prohibits

        10       manufactured policies and stranger-owned life

        11       insurance.  It includes fraud prevention, a

        12       whole host of consumer protections, and at the

        13       same time is fair to both the life insurance

        14       companies, many of whom are domiciled here in

        15       New York State, and the life settlement

        16       brokers and companies.

        17                  So I'm very pleased that at long

        18       last we've come to a conclusion on this

        19       legislation.  I appreciate Senator

        20       DeFrancisco's interest over the years; I know

        21       Senator Breslin has been involved.

        22                  We went through a process at NCOIL,

        23       the National Conference of Insurance

        24       Legislators.  This bill is basically the NCOIL

        25       model tailored to New York law.



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         1                  I want to join Senator DeFrancisco

         2       in complimenting Damon Stewart and my staff

         3       for working so hard on this legislation.

         4                  Mr. President, I vote aye.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Seward and Senator DeFrancisco to be recorded

         7       in the affirmative.

         8                  Announce the results.

         9                  THE SECRETARY:    Ayes, 61.  Nays,

        10       0.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 2152, Senator Marcellino moves

        15       to discharge, from the Committee on Rules,

        16       Assembly Bill Number 7335A and substitute it

        17       for the identical Senate Bill Number 8612,

        18       Third Reading Calendar 2152.

        19                  ACTING PRESIDENT GRIFFO:

        20       Substitution ordered.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       2152, by Member of the Assembly Hoyt, Assembly

        24       Print Number 7335A, an act to amend the

        25       Environmental Conservation Law.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 180th day.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Montgomery, to explain her vote.

        10                  SENATOR MONTGOMERY:    Yes, Mr.

        11       President, I rise to thank Senator Marcellino.

        12                  I think this is a very good bill.

        13       It's certainly applicable to many of our

        14       areas, including municipalities of over a

        15       million.

        16                  I think that he is absolutely

        17       correct in his directive to really encourage

        18       smart growth principles that include

        19       accounting for and minimizing direct and

        20       indirect public costs of new developments, and

        21       also ensuring that in cases where we have

        22       development proceeding, that there is

        23       involvement by the local communities and

        24       municipalities so that we can enforce, in

        25       fact, the smart growth principles to which I



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         1       think we all aspire.

         2                  So I thank Senator Marcellino.

         3       This is a very good bill.  And I am voting

         4       yes.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Montgomery to be recorded in the affirmative.

         7                  The Secretary will announce the

         8       results.

         9                  THE SECRETARY:    Ayes, 61.  Nays,

        10       0.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 2153, Senator Saland moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 5188A and substitute it

        17       for the identical Senate Bill Number 8615,

        18       Third Reading Calendar 2153.

        19                  ACTING PRESIDENT GRIFFO:

        20       Substitution ordered.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       2153, by Member of the Assembly Bradley,

        24       Assembly Print Number 5188A, an act to amend

        25       the Penal Law.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 180th day.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Adams.

        10                  SENATOR ADAMS:    Thank you, Mr.

        11       President.

        12                  I just wanted to rise to just

        13       commend Senator Saland on this bill.  I think

        14       we need to remain vigilant, and any time we

        15       investigate reports of child abuse -- and I

        16       think all of our agencies throughout this

        17       state should play an active role to make sure

        18       those cases are investigated to their fullest.

        19                  And at the same time, our level of

        20       vigilance should remain for those who make

        21       false reports.  When an agency has to come

        22       into a family and conduct an investigation, it

        23       can tear a family apart when a child has to be

        24       removed from the household.  This should not

        25       be used as a tool of vengeance or a tool of



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         1       going after a particular spouse or a loved

         2       one.

         3                  And so I believe that we failed in

         4       the past to address this issue, and this bill

         5       is closing that loophole to send a very loud

         6       and clear message that we will not use

         7       government to make false accusations.

         8                  I am voting in the affirmative on

         9       this bill.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Adams to be recorded in the affirmative.

        12                  Announce the results.

        13                  THE SECRETARY:    Ayes, 61.  Nays,

        14       0.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 2154, Senator Libous moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 10952B and substitute it

        21       for the identical Senate Bill Number 8634,

        22       Third Reading Calendar 2154.

        23                  ACTING PRESIDENT GRIFFO:

        24       Substitution ordered.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       2154, by Member of the Assembly Lupardo,

         3       Assembly Print Number 10952B, an act to amend

         4       the Environmental Conservation Law.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect on the 90th day.

         9                  ACTING PRESIDENT GRIFFO:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       2155, by Senator Little, Senate Print 8658A,

        17       Concurrent Resolution of the Senate and

        18       Assembly proposing an amendment to Section 1

        19       of Article 14 of the Constitution.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       Secretary will call the roll on the

        22       resolution.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Little.



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         1                  SENATOR LITTLE:    Thank you, Mr.

         2       President.

         3                  This resolution represents the

         4       first passage of a constitutional amendment

         5       which will resolve a 100-year-old land dispute

         6       with contested property in the Adirondack

         7       Park.  That property is known as Township 40,

         8       located in the Town of Long Lake, in Hamilton

         9       County, and it is a property where the State

        10       of New York and private individuals have

        11       claimed ownership to this roughly 1200 acres

        12       of land.

        13                  This resolution is the result of

        14       three years of work, and work between the

        15       Assembly staff, the Governor's staff, and

        16       certainly my staff.  And it is being witnessed

        17       today by a woman who brought this to our

        18       attention three or four years ago, Carolyn

        19       Gerdin, who is in the balcony and has

        20       spearheaded this proposal.

        21                  This is very important.  The Town

        22       of Long Lake will be purchasing a similar

        23       tract of land to replace this land in the

        24       Forest Preserve, and there are many residents

        25       who will finally have a resolution and clear



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         1       title to their land within the Adirondack

         2       Park.

         3                  So I thank everyone for their

         4       support of this resolution, and I thank

         5       Carolyn for her efforts in this.  Thank you.

         6                  ACTING PRESIDENT GRIFFO:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 61.  Nays,

         9       0.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       resolution is adopted.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 2156, Senator DeFrancisco

        14       moves to discharge, from the Committee on

        15       Rules, Assembly Bill Number 11715 and

        16       substitute it for the identical Senate Bill

        17       Number 8661, Third Reading Calendar 2156.

        18                  ACTING PRESIDENT GRIFFO:

        19       Substitution ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       2156, by the Assembly Committee on Rules

        23       Assembly Print Number 11715, an act to amend

        24       the Civil Practice Law and Rules and the

        25       Judiciary Law.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 4.  This

         4       act shall take effect on the first of January.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       2157, by Senator Winner, Senate Print 8665, an

        13       act to amend the Family Court Act and others.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 16.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Winner.

        23                  SENATOR WINNER:    Thank you,

        24       Mr. President.

        25                  This bill is a significant step



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         1       forward for the State of New York.  It

         2       represents an agreement with the Assembly and

         3       the Governor's office to expand the

         4       opportunities and the availabilities of civil

         5       orders of protection in Family Court for

         6       persons who had heretofore been unable to

         7       afford themselves of that protection.

         8                  This should go a long way to

         9       improving the protection of individuals who

        10       are subject to incidents of domestic violence.

        11                  And I'm pleased that this measure

        12       is finally receiving passage here in this

        13       house.  This has been a lot of work for a long

        14       time, and a lot of people deserve a great deal

        15       of credit for moving this matter forward.

        16                  And we're hopeful that this matter

        17       will protect a large number of individuals who

        18       have otherwise not been able to avail

        19       themselves of the services of the Family

        20       Court.  And so, Mr. President, I

        21       enthusiastically vote in the affirmative.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Winner to be recorded in the affirmative.

        24                  Senator Hassell-Thompson, to

        25       explain her vote.



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         1                  SENATOR HASSELL-THOMPSON:    Thank

         2       you, Mr. President.

         3                  I wish to congratulate Senator

         4       Winner on his bringing this bill to the floor.

         5       Historically, for the last 20 years, it has

         6       been very difficult to get this bill moved.

         7                  I know that Assemblywoman Weinstein

         8       is celebrating today, because she has been

         9       very steadfast in her desire to ensure that we

        10       bring justice.  It's a domestic violence issue

        11       for which she has labored long.

        12                  So you are to be congratulated,

        13       Senator Winner, for working out whatever the

        14       difficulties were and bringing this bill to

        15       the floor today, and I affirmatively will be

        16       voting with you and hope that all of my

        17       colleagues will see fit to do as well.

        18                  Thank you.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Hassell-Thompson to be recorded in the

        21       affirmative.

        22                  Senator Duane, to explain his vote.

        23                  SENATOR DUANE:    Thank you,

        24       Mr. President.

        25                  I too want to congratulate and



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         1       thank the sponsor of this legislation.  It's

         2       just a terrific bill and one whose time has

         3       definitely and absolutely come.  It's a great

         4       bill.

         5                  And thank you very much.  I'll be

         6       voting in the affirmative.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Duane will be recorded in the affirmative.

         9                  Announce the results.

        10                  THE SECRETARY:    Ayes, 61.  Nays,

        11       0.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       2158, by Senator Winner, Senate Print 8666, an

        16       act in relation to capital improvement

        17       projects.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 5.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       2159, by Senator Farley, Senate Print 8669, an

         5       act to amend the Civil Service Law and the

         6       Public Authorities Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       2160, by Senator Golden, Senate Print 8671, an

        19       act to amend the Education Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall --

        24                  SENATOR DUANE:    Lay it aside,

        25       please.



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         1                  ACTING PRESIDENT GRIFFO:    Lay it

         2       aside.

         3                  THE SECRETARY:    Calendar Number

         4       2161, by Senator Saland, Senate Print 8675, an

         5       act to create a temporary state commission.

         6                  ACTING PRESIDENT GRIFFO:    May we

         7       have order, please, in the chamber.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 6.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       2162, by Senator Libous, Senate Print 8678, an

        19       act to amend the Vehicle and Traffic Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 7.  This

        23       act shall take effect on the first of January.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       2163, by the Senate Committee on Rules, Senate

         7       Print 8689, an act to amend Chapter 53 of the

         8       Laws of 2008, enacting the Education, Labor

         9       and Family Assistance Budget.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 2166, Senator Diaz moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Print Number 1170 and substitute it

        24       for the identical Senate Bill Number 5254,

        25       Third Reading Calendar 2166.



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         1                  ACTING PRESIDENT GRIFFO:

         2       Substitution so ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       2166, by Member of the Assembly Gunther,

         6       Assembly Print Number 1170, an act to amend

         7       the Elder Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of July.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 61.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  Senator LaValle, that completes the

        19       noncontroversial reading of Senate

        20       Supplemental Calendar 64A.

        21                  SENATOR LaVALLE:    Mr. President,

        22       with the consent of the Minority, I'd like to

        23       go to Calendar Number 2120 and take it up,

        24       noncontroversial.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       2120, substituted earlier today by Member of

         4       the Assembly Schimel, Assembly Print Number

         5       8730C, an act to amend the Public Health Law.

         6                  ACTING PRESIDENT GRIFFO:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect on the 120th day.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  Senator Libous.

        17                  SENATOR LIBOUS:    Could we go to

        18       the controversial reading of the calendar,

        19       please.

        20                  ACTING PRESIDENT GRIFFO:    We will

        21       now proceed to the controversial calendar.

        22       The Secretary will ring the bell.

        23                  The Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       2121, by Senator Libous, Senate Print 6260, an



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         1       act to amend the Executive Law and the

         2       Workers' Compensation Law.

         3                  SENATOR SCHNEIDERMAN:

         4       Explanation.

         5                  ACTING PRESIDENT GRIFFO:

         6       Explanation, Senator Libous.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.

         9                  This bill is basically a technical

        10       amendment dealing with the black car

        11       operators.  And what it says is while they're

        12       not on a job, they cannot file a workers' comp

        13       claim.  And that's pretty much it.

        14                  ACTING PRESIDENT GRIFFO:    Thank

        15       you, Senator Libous.

        16                  Senator Schneiderman.

        17                  SENATOR SCHNEIDERMAN:    Thank you,

        18       Mr. President.  If the sponsor would yield for

        19       a few brief questions.

        20                  SENATOR LIBOUS:    I will.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Libous yields.

        23                  SENATOR SCHNEIDERMAN:    Thank you.

        24                  Through you, Mr. President, this

        25       bill, which you describe as a technical



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         1       correction, is in fact an effort to clarify

         2       the law and overturn the Third Department's

         3       decision in Aminov v. New York Black Car 

         4       Operators Injury Compensation Fund; is that

         5       correct?

         6                  SENATOR LIBOUS:    Yes.

         7                  SENATOR SCHNEIDERMAN:    Thank you.

         8       Thank the sponsor for his answer.

         9                  On the bill.

        10                  ACTING PRESIDENT GRIFFO:    On the

        11       bill, Senator Schneiderman.

        12                  SENATOR SCHNEIDERMAN:    I think

        13       that this is a bill that requires a little

        14       more work before we can pass it.

        15                  The law in New York State currently

        16       requires that a black car driver has to be on

        17       duty if they are to collect from the Black Car

        18       Operators Injury Compensation Fund.  We've set

        19       up this fund to deal with the fact that there

        20       was not a lot of coverage for this very

        21       rapidly growing area of employment.

        22                  The Aminov case, which this bill

        23       seeks to reverse, was based on the fact that

        24       there was a black car operator who logged in,

        25       was on duty, available for assignments, was



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         1       driving into the city so that he could take an

         2       assignment, had not yet received a call for a

         3       specific assignment, and his car was slammed

         4       into.

         5                  The owner said:  Oh, well, because

         6       he wasn't actually picking someone up or

         7       discharging them, he shouldn't be eligible for

         8       workers' compensation.

         9                  That was overturned, that assertion

        10       was rejected by the courts.  And in fact, the

        11       Third Department in the Aminov case explicitly

        12       stated that the position of the owner and the

        13       position that would be established in law if

        14       we vote for Senator Libous's bill is that if a

        15       claimant has not received a specific

        16       assignment from the dispatcher, he is not in

        17       fact performing covered services.

        18                  Now, the problem with this is --

        19       and I understand the concern that you want to

        20       make sure that black car drivers are not out

        21       freelancing or taking their friends to lunch.

        22       But if a black car driver is waiting for a

        23       call or in between pickups, filling up his car

        24       with gas or otherwise engaged in the

        25       performance of his duties, you can't deprive



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         1       that person of the ability to collect from a

         2       workers' compensation fund.

         3                  This bill, which would in fact

         4       reverse the Aminov case, which is very clear

         5       and well-thought-out law, states that a

         6       dispatch, which is the key term, only means

         7       that you're in the course of picking up,

         8       transporting, or discharging a passenger or

         9       package.

        10                  Now, that means that anything in

        11       between, particularly the people who -- you

        12       know, we have a lot of black car drivers who

        13       live in my district and work in my district --

        14       if you're waiting for a call and someone plows

        15       into you and cuts your head off, you're not

        16       eligible.  You know, I mean, this is really, I

        17       think, something that has to be reworked.

        18                  It does provide that the board of

        19       directors of the fund can establish other

        20       regulations.  But I don't think we can pass a

        21       law that would immediately deprive thousands

        22       of New Yorkers of the ability to seek

        23       compensation when they're injured on the job.

        24                  There is no question that someone

        25       who has dropped off a passenger and is



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         1       awaiting a call, is logged in, is in the

         2       performance of their duties.  This would take

         3       away the rights of those people to

         4       compensation.

         5                  I'd suggest to the sponsor, who I

         6       know worked with great care on this, that

         7       we -- let's just let this bill go, let's

         8       rework it, let's do something that actually

         9       narrows the definition to make it clear that

        10       someone has to be on duty in the course of

        11       accepting assignments or eligible for

        12       assignments from the base -- not freelancing,

        13       not cover people who are off on a frolic or

        14       detour.  The law is very well established in

        15       this area.

        16                  But let's not do something that

        17       unintentionally harms innocent people

        18       performing their work.  A lot of hardworking

        19       New Yorkers drive in terrible traffic every

        20       day to support their families.  Let's not hurt

        21       those working New Yorkers.

        22                  I would urge the sponsor to lay the

        23       bill aside, but I would also urge anyone who

        24       cares about working families in New York, who

        25       cares about basic economic and social justice,



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         1       to vote against this bill.

         2                  Thank you, Mr. President.

         3                  ACTING PRESIDENT GRIFFO:    Is

         4       there any other Senator wishing to be heard?

         5                  Debate is closed.  The Secretary

         6       will ring the bell.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 7.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Savino, to explain her vote.

        15                  SENATOR SAVINO:    Thank you, Mr.

        16       President.

        17                  In spite of what I think Senator

        18       Libous's attempt was to pass a good bill, I'm

        19       going to vote against this bill.  I'm going to

        20       echo the comments of Senator Schneiderman and,

        21       finally, say that while this bill may appear

        22       only to apply to a select --

        23                  ACTING PRESIDENT GRIFFO:    May we

        24       have order, please.

        25                  Senator Savino.



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         1                  SENATOR SAVINO:    While this bill

         2       may appear only to apply to a select group of

         3       workers in a select industry, it opens the

         4       door for the possibility that we can begin to

         5       look at workers' compensation coverage in a

         6       very different way, beginning to narrow it

         7       down to coverage for workers who only engage

         8       in a specific task at a specific time, as

         9       opposed to being ready and available to work

        10       from the minute they clock in or sign in or

        11       call in or whatever the requirement is.

        12                  So we need to be very careful about

        13       this.  I'm going to vote against this bill,

        14       because I do believe it is a slippery slope as

        15       to redefining workers' compensation coverage

        16       for employees.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Savino will be recorded in the negative.

        19                  Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 2121 are

        22       Senators Adams, Connor, Diaz, Dilan, Duane,

        23       Gonzalez, Hassell-Thompson, Huntley, Klein,

        24       L. Krueger, C. Kruger, Montgomery,

        25       Oppenheimer, Padavan, Parker, Perkins, Savino,



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         1       Schneiderman, Serrano, Stachowski and

         2       Stewart-Cousins.  Also Senator Breslin.

         3                  Absent from voting on Calendar

         4       Number 2121:  Senators Sampson and Thompson.

         5                  Ayes, 38.  Nays, 22.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       2142, substituted earlier today by Member of

        11       the Assembly Farrell, Assembly Print Number

        12       11137A, an act to amend the State Finance Law.

        13                  SENATOR DUANE:    Explanation,

        14       please.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Duane requests an explanation, Senator

        17       Johnson.

        18                  Again, I'm going to ask for order

        19       in the house so that the Senators may be

        20       heard.  Thank you.

        21                  Senator Johnson.

        22                  SENATOR OWEN JOHNSON:    Well, this

        23       is a bill recommended by the State

        24       Comptroller, and it brings generally accepted

        25       government accounting standards in to apply to



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         1       most of the regulations we have here.  The

         2       Government Accounting Standards Board is a

         3       more modern way of accounting for your

         4       finances.

         5                  As you know, the few changes in

         6       here will not have any consequence to the

         7       actual working of the funds, it just changes

         8       the names on many of the accounts and things

         9       of that nature.

        10                  So it's pretty simple.  And anybody

        11       have any questions?

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Stachowski.

        14                  SENATOR STACHOWSKI:    On the bill.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Stachowski, on the bill.

        17                  SENATOR STACHOWSKI:    Thank you

        18       for the explanation, Senator.

        19                  I believe this is a great bill that

        20       finally brings the state in line with the new

        21       accounting procedures that were developed in

        22       Washington to recognize that retirement and

        23       benefits have to be accounted for in your

        24       every-year budget.

        25                  So this bill brings New York State



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         1       into line with those accounting principles and

         2       makes some changes that the Comptroller

         3       suggests and also eliminates some things that

         4       the Comptroller currently does where, because

         5       of the other changes, they'll no longer be

         6       necessary.

         7                  So this bill was very important.

         8       We have to come in line with this.  And it's a

         9       good step forward and brings us into the place

        10       where we should be as far as general

        11       accounting principles go.

        12                  Thank you.  I vote aye.

        13                  ACTING PRESIDENT GRIFFO:    Is

        14       there any other Senator wishing to be heard?

        15                  Debate is closed.  The Secretary

        16       will ring the bell.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 61.  Nays,

        24       0.

        25                  Absent from voting:  Senator



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         1       Sampson.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  Senator Thompson.

         5                  SENATOR THOMPSON:    Yes, Mr.

         6       President.  If I were here, I would have voted

         7       against Senate Bill 2121.

         8                  And if the record could reflect

         9       that, I would greatly appreciate it.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       record shall so reflect, Senator Thompson.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       2160, by Senator Golden, Senate Print 8671, an

        15       act to amend the Education Law.

        16                  SENATOR DUANE:    Explanation,

        17       please.

        18                  ACTING PRESIDENT GRIFFO:    An

        19       explanation is requested by Senator Duane,

        20       Senator Golden.

        21                  Can I have order, please.

        22                  SENATOR GOLDEN:    Thank you, Mr.

        23       President.

        24                  This is a pupil safety bill that's

        25       been worked out with the Assembly and with the



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         1       Senate to provide public safety for children

         2       between K and sixth grade to allow for

         3       transportation after 5 p.m., with the parents

         4       being reimbursed for that instead of having

         5       buses on the road and bringing buses back and

         6       forth for those kids.

         7                  It was done for two reasons, cost

         8       and safety.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Golden.

        11                  Senator Oppenheimer.

        12                  SENATOR OPPENHEIMER:    It just

        13       seems to me that --

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Oppenheimer, do you wish to ask a question or

        16       speak on the bill?

        17                  SENATOR OPPENHEIMER:    I guess

        18       speak on the bill.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Oppenheimer, on the bill.

        21                  SENATOR OPPENHEIMER:    It just

        22       seems at this time, when we are being pressed

        23       for money, to be giving money to parents who

        24       are picking up their kids from school just

        25       seems a little bizarre to me.



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         1                  I don't know where we have, in our

         2       country, ever paid for parents to come and

         3       pick up their children.  Maybe they would pay

         4       someone to keep their children, but it just --

         5       it just strikes me as being totally

         6       unnecessary, particularly when we're trying to

         7       push public transportation where four children

         8       or 40 children can go on a bus and save us a

         9       considerable amount of bad air and save us

        10       from additional costs.  If you run that bus

        11       whether you have four or 40 kids on it, it's

        12       the same cost to the transporter.

        13                  And also, I mean, how could this

        14       possibly be monitored?  I'm not even going to

        15       question how it could be monitored, because it

        16       can't be monitored.

        17                  I mean, you could have four kids

        18       and four parents, and they could arrange -- or

        19       five parents, and they could arrange to have a

        20       different mother pick up on Monday and another

        21       one on Tuesday and another one on Wednesday,

        22       pick up the five kids, and yet all five of

        23       these parents would be eligible to get money

        24       from the -- not just from the city, but of

        25       course we pay 57 percent of transportation



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         1       costs, we, the State of New York.

         2                  So I think this is not a good bill,

         3       and -- I mean, for example, here's another

         4       thought.  If a mother is leaving her job and

         5       on the way home passes the school at

         6       5 o'clock, then she would be qualified to be

         7       paid money.

         8                  And it doesn't say how the money is

         9       paid.  In other words, if the parent says, you

        10       know, my gasoline costs X and another parent

        11       says my gasoline costs Y -- I mean, it's just,

        12       to me, a very bizarre bill, and I would hope

        13       that everybody would vote against it.

        14                  I'll be voting no.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Stavisky.

        17                  SENATOR STAVISKY:    Yes, Mr.

        18       President, I have voted against it in the

        19       past.

        20                  In addition to what Senator

        21       Oppenheimer said about increasing the

        22       pollution, the gas consumption, et cetera, and

        23       whether that bus makes a run and picks up one

        24       student, it is no longer cost-effective.

        25                  What bothers me most about this



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         1       bill is the fact that you're taking scarce

         2       education dollars from the classroom.  As the

         3       chancellor is cutting aid for the

         4       schoolchildren in New York City, as less money

         5       is coming into the classroom, you're going to

         6       have less available for programs that educate

         7       the children.  And it seems to me that that's

         8       where it all happens, in the classroom.

         9                  And to divert money from the

        10       classroom I think is a very, very dangerous

        11       thing to do.  And I am very troubled by the

        12       cuts in the New York City education budget.

        13       This is another one.  And I urge that we

        14       oppose this bill.

        15                  Thank you.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Huntley.

        18                  SENATOR HUNTLEY:    Thank you,

        19       Mr. President.

        20                  When I review this bill, it reminds

        21       me somewhat of the Mayor's proposal last year

        22       where he was paying parents to take their

        23       youngsters for dental care, to the doctor, to

        24       the zoo.

        25                  I think parents have a



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         1       responsibility, and the responsibility is to

         2       take care of their children.  And I think as

         3       long as the Department of Ed attempts to make

         4       life easier for parents, then naturally they

         5       don't do their job.

         6                  I think that if we have money, it

         7       should be in the classroom.  We always talk

         8       about the education, but yet now we want to

         9       pay parents to be drivers.  It's the most

        10       ridiculous bill I've ever seen.

        11                  Thank you.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Sabini.

        14                  SENATOR SABINI:    Thank you,

        15       Mr. President.

        16                  In 2006 I voted against this bill,

        17       but since then, with the advent of the

        18       Contract for Excellence, we now have schools

        19       throughout the City of New York that are

        20       providing extra hours, dozens of them.  So I

        21       have no idea how much this would cost now,

        22       because I think many of those schools would

        23       trip into being eligible for the services

        24       rendered under this bill, and I think it has

        25       very murky fiscal implications.



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         1                  So I'll be voting in the negative.

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Krueger.

         4                  SENATOR LIZ KRUEGER:    Will the

         5       sponsor please rise -- excuse me, would the

         6       sponsor please yield to a question.  I guess

         7       rising is part of the deal.

         8                  (Laughter.)

         9                  ACTING PRESIDENT GRIFFO:    I

        10       thought you had developed some new powers.

        11                  (Laughter.)

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Golden yields, Senator Krueger.

        14                  SENATOR GOLDEN:    I do indeed.

        15       Yes, Mr. President.

        16                  SENATOR LIZ KRUEGER:    Thank you.

        17       Thank you for yielding and rising, Senator

        18       Golden.

        19                  When I read this bill, it's not

        20       clear to me what form of transportation we

        21       would be reimbursing.  Would you explain what

        22       you thought the transportation reimbursement

        23       process would be?

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Golden.



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         1                  SENATOR GOLDEN:    Mr. President,

         2       whatever the set price is by the city would be

         3       designated for each parent that would desire

         4       to opt out of the school transportation.

         5       There's no additional dollars, no money taken

         6       away from the classroom, no cost to the City

         7       of New York.  The City of New York would

         8       already pay for the transportation of that

         9       child.

        10                  That child, the parent of that

        11       child has a right to opt out under this bill,

        12       and the parents would be given the money to

        13       transport their child to and from the schools

        14       and the school districts that they attend.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Krueger.

        17                  SENATOR LIZ KRUEGER:    Mr.

        18       President, if the sponsor would continue to

        19       yield.

        20                  ACTING PRESIDENT GRIFFO:    Will

        21       you continue to yield, Senator Golden?

        22                  SENATOR GOLDEN:    I do,

        23       Mr. President.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Krueger.



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         1                  SENATOR LIZ KRUEGER:    So the

         2       assumption is that the City of New York would

         3       make a calculation:  I have 40 children on a

         4       bus, the bus costs me X amount per trip,

         5       one-fortieth of that will now be provided to

         6       the parents?  Is that my understanding of what

         7       you just said?

         8                  SENATOR GOLDEN:    I don't know

         9       what the model would be, Mr. President.  But

        10       it would be based on a model, yes.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Krueger.

        13                  SENATOR LIZ KRUEGER:    Mr.

        14       President, if the sponsor would continue to

        15       yield.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Golden, will you continue to yield?

        18                  SENATOR GOLDEN:    I do,

        19       Mr. President.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Krueger.

        22                  SENATOR LIZ KRUEGER:    If one

        23       child got off the bus and the bus was now

        24       taking 39 children instead of 40, is it your

        25       understanding that the city would pay a lower



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         1       contract cost for that bus trip?

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Golden.

         4                  SENATOR GOLDEN:    That's when the

         5       parent, Mr. President, has the right to opt

         6       out.

         7                  And yes, it doesn't change the

         8       state aid, doesn't change dollars, doesn't

         9       change cost.

        10                  SENATOR LIZ KRUEGER:    Mr.

        11       President, if the sponsor would continue to

        12       yield.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Golden, do you continue to yield?

        15                  SENATOR GOLDEN:    I do indeed.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Krueger.

        18                  SENATOR LIZ KRUEGER:    So if I

        19       opted out, as a parent, under this bill and I

        20       took my child on the subway back and forth, I

        21       would get the same reimbursement as if I hired

        22       a black car -- one with workers' compensation

        23       protections, or not, as the case may be -- to

        24       take me to pick up my child and return them?

        25                  SENATOR GOLDEN:    The answer is



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         1       yes.  They would opt to take their child to

         2       and from school any way they choose to do

         3       that.

         4                  Many of these Schools for

         5       Excellence are in different parts of the city.

         6       They are not on given routes, train or bus

         7       routes.  And this again, no cost to the city

         8       or the state, no cost to the transportation.

         9                  It would allow those parents to opt

        10       out and take their children to and from those

        11       locations as best they see fit.  After 5 p.m.,

        12       as a matter of fact.

        13                  SENATOR LIZ KRUEGER:    Mr.

        14       President, if the sponsor would continue to

        15       yield.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Golden, do you continue to yield?

        18                  SENATOR GOLDEN:    Yes,

        19       Mr. President.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Krueger.

        22                  SENATOR LIZ KRUEGER:    Thank you.

        23                  So just to clarify, you'd have to

        24       opt out for the bringing of your child to

        25       school and the taking them back.



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         1                  SENATOR GOLDEN:    That's correct,

         2       Mr. President.

         3                  SENATOR LIZ KRUEGER:    And there

         4       would be one set amount, there would not be a

         5       differing payment for me versus Senator Sabini

         6       versus Senator Huntley?

         7                  SENATOR GOLDEN:    That is correct,

         8       Mr. President.

         9                  SENATOR LIZ KRUEGER:    Thank you.

        10       Mr. President, on the bill.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Krueger, on the bill.

        13                  SENATOR LIZ KRUEGER:    I

        14       appreciate the sponsor's answers.  I in fact

        15       don't really read them that way in the bill.

        16                  So I'm concerned about the way the

        17       bill was written, because I don't think it is

        18       clear from the legislation that that was what

        19       the intent of the sponsor was.

        20                  But I will accept, of course, at

        21       face value that's what he intends the

        22       legislation to do.  But I have to say in this

        23       case, I don't think in this case the bill was

        24       well-written for him.

        25                  I have to disagree about the cost



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         1       issue for the city.  The city gets a formula

         2       reimbursement for a share of bus

         3       transportation of children to and from school.

         4       It is a formula from the state.  But I do not

         5       accept that if there are one or two or three

         6       fewer children on the bus because their

         7       parents have opted out, that we're actually

         8       decreasing our costs for bus transportation to

         9       and from school.

        10                  To be honest, I can be torn about

        11       this bill, because representing Manhattan, our

        12       constant frustration is that it seems that the

        13       Department of Education really wants to get

        14       out of the busing-children-to-school business

        15       completely, which is an enormous frustration.

        16       I have parents with children in pre-K and

        17       kindergarten who, even though they appear to

        18       live in a bus zone, are being told there are

        19       no buses for them.

        20                  So I empathize and even share,

        21       perhaps, the frustration of the sponsor.  But

        22       because of the way the bill is written and the

        23       fact that we don't get to decrease the cost of

        24       the contract for the bus service because there

        25       are fewer children on that bus, I do believe



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         1       it would be an increased cost on the city

         2       school system.

         3                  I do think that we are in serious

         4       financial trouble this year with our City of

         5       New York schools -- at least that's what the

         6       chancellor keeps telling us, as they propose

         7       cutting funding out of our schools.

         8                  And so even though I empathize with

         9       the frustration for many parents not having an

        10       easy scenario even trying to get their

        11       children on the existing school buses, I don't

        12       think this, as it is written, gets us where we

        13       want to go.

        14                  And I do feel it is a new unfunded

        15       mandate on the city, and so I will vote no.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT GRIFFO:    Is

        18       there any other Senator wishing to be heard?

        19                  Debate is closed.  The Secretary

        20       will ring the bell.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 2160 are

         4       Senators Adams, Aubertine, Connor, Diaz,

         5       Dilan, Duane, Gonzalez, Hassell-Thompson,

         6       Huntley, L. Krueger, C. Kruger, Montgomery,

         7       Onorato, Oppenheimer, Perkins, Sabini, Saland,

         8       Schneiderman, Stavisky, Stewart-Cousins,

         9       Thompson and Valesky.  Also Senator Serrano.

        10                  Absent from voting:  Senator

        11       Sampson.

        12                  Ayes, 38.  Nays, 23.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  Senator Nozzolio, that completes

        16       the controversial reading of Senate

        17       Supplemental Calendar 64A.

        18                  SENATOR NOZZOLIO:    Mr. President,

        19       may we please turn to Calendar Number 2164,

        20       noncontroversial.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       2164, by the Committee on Rules, Senate Print

        25       Number 8709, an act to amend the Racing,



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         1       Pari-Mutuel Wagering and Breeding Law, the

         2       Real Property Tax Law and the Tax Law.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Nozzolio.

         5                  SENATOR NOZZOLIO:    Mr. President,

         6       is there a message at the desk?

         7                  ACTING PRESIDENT GRIFFO:    There

         8       is a message at the desk.

         9                  SENATOR KLEIN:    Lay it aside.

        10                  ACTING PRESIDENT GRIFFO:    We're

        11       going to accept the message first.

        12                  SENATOR NOZZOLIO:    Move to accept

        13       the message, Mr. President.

        14                  ACTING PRESIDENT GRIFFO:    All in

        15       favor of accepting the message signify by

        16       saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT GRIFFO:

        19       Opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT GRIFFO:    The

        22       message is accepted, and the bill is laid

        23       aside.

        24                  SENATOR NOZZOLIO:    Mr. President,

        25       please take up Calendar Number 2165.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       2165, by Senator Morahan, Senate Print 8710,

         5       an act to amend the Mental Hygiene Law and the

         6       Education Law.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Nozzolio.

         9                  SENATOR NOZZOLIO:    Mr. President,

        10       I believe there's a message of necessity at

        11       the desk.

        12                  ACTING PRESIDENT GRIFFO:    There

        13       is a message at the desk.

        14                  SENATOR NOZZOLIO:    Motion to

        15       accept the message.

        16                  ACTING PRESIDENT GRIFFO:    All in

        17       favor of accepting the message of necessity

        18       indicate by saying aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT GRIFFO:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT GRIFFO:     The

        24       message is accepted.

        25                  The Secretary will read the last



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         1       section.

         2                  THE SECRETARY:    Section 4.  This

         3       act shall take effect on the 30th day.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  Senator Nozzolio.

        11                  SENATOR NOZZOLIO:    Mr. President,

        12       returning to the controversial calendar,

        13       please call up Calendar Number 2164.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Secretary will ring the bell.

        16                  The Secretary will read Calendar

        17       Number 2164.

        18                  THE SECRETARY:    Calendar Number

        19       2164, by the Senate Committee on Rules, Senate

        20       Print 8709, an act to amend the Racing,

        21       Pari-Mutuel Wagering and Breeding Law and

        22       others.

        23                  SENATOR CRAIG JOHNSON:

        24       Explanation.

        25                  ACTING PRESIDENT GRIFFO:    Who



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         1       called for the explanation?

         2                  Senator Larkin, Senator Johnson

         3       requests an explanation.

         4                  SENATOR LARKIN:    Senator Johnson,

         5       this bill makes some changes to Chapter 18 of

         6       this year.

         7                  A couple of things that it does

         8       specifically, and you remember from the

         9       hearing that we had down in Belmont.  This

        10       clarifies the effective date, an issue that

        11       you worried about.  So it says that they can't

        12       go past that 25 year until they come back to

        13       the Legislature.  They can't just get it from

        14       Racing and Wagering, they can't get it an

        15       executive approval.  They must come back to

        16       us.

        17                  It also clarifies the vendor fee at

        18       Aqueduct to make sure that NYRA will receive

        19       its racing support payments out of the

        20       vendors' fees.  This is a constitutional

        21       concern, since ours requires that all net

        22       proceeds go to support education.  Therefore,

        23       after the vendor's fee and the costs of

        24       administration are paid, then the balance must

        25       go to education.



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         1                  The bill as written seems to

         2       indicate NYRA's support payments should be

         3       paid separately.

         4                  Now, it also contains an

         5       appropriation to allow the state to pay the

         6       property taxes.  This was something we

         7       actually fought for in the legislation.  And

         8       if you recall, when we were down at Elmont,

         9       one of the issues was how will we get paid for

        10       it.  That's what we've covered in here.

        11                  And what we're doing now is we want

        12       to ensure that the state would pay so that

        13       localities would get their money on time as

        14       adjusted.  In the past, NYRA, as we all know,

        15       has not been a good payer of these taxes.  As

        16       my good friend Senator Hannon said that day,

        17       "Why don't we do something to ensure that

        18       they'll do it?"  Well, we are now.

        19                  And we must also understand that

        20       right now NYRA, in their local area down

        21       there, is $15 million behind.  This bill

        22       doesn't have a provision for the Belmont

        23       advisory board.  You talked to me the other

        24       day about it, and we took that out, that 15

        25       and all of that.  We put that for another day.



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         1       It's still something we think is necessary,

         2       but we'll address it at a later date.

         3                  This is a three-way agreement, and

         4       I believe it's time that we move this along so

         5       we can start getting going.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Johnson.

         8                  SENATOR CRAIG JOHNSON:    Thank you

         9       very much, Mr. President.

        10                  Will Senator Larkin yield for a

        11       couple of questions to clarify some things

        12       further.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Larkin, do you yield for a couple of

        15       questions?

        16                  SENATOR LARKIN:    Yes.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Johnson.

        19                  SENATOR CRAIG JOHNSON:    Thank

        20       you.  Thank you, Senator Larkin, for your

        21       leadership on this issue as well as the

        22       explanation that you gave.

        23                  I just have a couple of further

        24       clarification questions, if you don't mind.

        25                  SENATOR LARKIN:    Sure.



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         1                  SENATOR CRAIG JOHNSON:    Senator

         2       Larkin, it is my understanding that the bill

         3       as drafted now includes $12 million for the

         4       payment of property taxes that are due and

         5       owing.  Is that correct?

         6                  SENATOR LARKIN:    (Nodding.)

         7                  SENATOR CRAIG JOHNSON:    I take it

         8       that's a yes; you were nodding.  Okay.

         9                  Will the sponsor continue to yield?

        10                  SENATOR LARKIN:    Yes.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Larkin yields.

        13                  SENATOR CRAIG JOHNSON:    Thank

        14       you, Senator.

        15                  The one question I have, in looking

        16       at the bill, is while the bill provides a lump

        17       sum, can you provide me, please, with a

        18       breakdown as to how the $12 million will be

        19       paid out?

        20                  As you recall, in Elmont when we

        21       had that hearing -- I thank you for hosting

        22       that hearing -- there are a number of

        23       localities that are due and owing taxes:

        24       Nassau County, the Town of Hempstead, the

        25       Village of Floral Park, the various school



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         1       districts.  I'm sure a number of the special

         2       districts are owing.

         3                  What I'm trying to get an

         4       understanding of is, how is that $12 million

         5       going to be apportioned under this bill?

         6                  SENATOR LARKIN:    I don't have it

         7       here with me, but I'll have it delivered to

         8       you this afternoon.

         9                  Like we discussed before, it's very

        10       specific.  As you remember when Senator

        11       Skelos, yourself, and Senator Hannon were

        12       there, the discussion was how much will they

        13       get.  And we all agreed that we would make it

        14       specific.  And we'll get you that this

        15       afternoon.

        16                  SENATOR CRAIG JOHNSON:    Terrific.

        17       Thank you very much.

        18                  Will Senator Larkin continue to

        19       yield, please.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Larkin, will you continue to yield?

        22                  SENATOR LARKIN:    Yes.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Johnson.

        25                  SENATOR CRAIG JOHNSON:    Thank



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         1       you.

         2                  And in addition to that

         3       information, can I also be provided, please,

         4       with not just the amounts but also the years?

         5       Because I believe they're owed more than one

         6       year.

         7                  SENATOR LARKIN:    There is a show

         8       of how much is owed and how much years.  That

         9       will all be in the same package for this

        10       afternoon.

        11                  SENATOR CRAIG JOHNSON:

        12       Excellent.  Thank you.

        13                  Just a couple more questions.  Will

        14       the sponsor continue to yield?

        15                  SENATOR LARKIN:    Yes.

        16                  ACTING PRESIDENT GRIFFO:    A

        17       couple more questions?

        18                  Senator Johnson.

        19                  SENATOR CRAIG JOHNSON:    One of my

        20       concerns, and Senator Larkin and I talked

        21       about this, is the lack of a Belmont local

        22       advisory board that was contained in the

        23       original NYRA legislation.  It's one of the

        24       reasons why I opposed it, among a host of

        25       other reasons.



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         1                  The bill that we voted on

         2       yesterday, the Senate bill -- I believe it was

         3       8698 -- had some language in there for a

         4       Belmont advisory board.  Today it's been

         5       removed.  Can you tell me why it's been taken

         6       out of the legislation?

         7                  SENATOR LARKIN:    In order to try

         8       to get all of this three-way agreement, we had

         9       to make some concessions.  And the thought

        10       was, let's leave this for a later date.

        11                  As you remember, what we were

        12       talking about then is we all wanted to be off

        13       the same sheet of music.  Well, the only way

        14       to get it off the same sheet of music from the

        15       other house was to get Belmont out of there.

        16                  SENATOR CRAIG JOHNSON:    Will the

        17       sponsor continue to yield, please.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Larkin, will you continue to yield?

        20                  SENATOR LARKIN:    Yes.

        21                  SENATOR CRAIG JOHNSON:    Thank you

        22       for your answers, Senator Larkin.

        23                  Senator Larkin, are you aware of my

        24       bill, Senate Number S6977A, which is a bill

        25       that specifically provides for the appointment



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         1       of a local advisory board for Belmont?

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Larkin.

         4                  SENATOR LARKIN:    I didn't know of

         5       the specifics, but I have seen that.  We went

         6       through that.

         7                  But two things.  And I don't mean

         8       to be rude, but I'm just saying to you is that

         9       when we talked about it, when we first talked

        10       about the hearing down there, everybody said

        11       let's come away with something.  So what we

        12       passed yesterday was what I thought was

        13       appropriate.

        14                  This here gets rid of all of the

        15       obvious things that aren't going to happen.

        16       The only way we could get the three-way

        17       agreement and move this forward -- get the

        18       payments out there, show how much was owed,

        19       how we will pay it, and what we will do in the

        20       future.

        21                  What we will do on the advisory

        22       board, I commit to you that we will do

        23       something.  But we couldn't get that in here

        24       with this.

        25                  So should we go home with nothing?



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         1       I thought we should go home with paying the

         2       fees and taxes that are owed to the

         3       municipalities as a high priority.

         4                  SENATOR CRAIG JOHNSON:    Will the

         5       Senator continue to yield.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Larkin, will you continue to yield?

         8                  SENATOR LARKIN:    One more

         9       question.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Johnson.

        12                  SENATOR CRAIG JOHNSON:    One more

        13       question.  I'll make it a doozy.  I'll ask a

        14       question on the bill --

        15                  ACTING PRESIDENT GRIFFO:    You did

        16       indicate, Senator Craig Johnson, only a couple

        17       of questions.

        18                  SENATOR CRAIG JOHNSON:    He's told

        19       me -- and I thank you for the answers.

        20                  Senator Larkin, one of the concerns

        21       that the residents of Elmont and Floral Park

        22       had is -- and you acknowledged it, and you

        23       were in Elmont, in the area -- NYRA has not

        24       been a very good neighbor.  They don't clean

        25       up very well, they don't really take care of



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         1       their properties, they don't do anything of

         2       that nature, and it really brings down the

         3       communities surrounding it.

         4                  Under the bill, there is a

         5       provision that provides for 4 percent of the

         6       total revenue that's wagered out, after the

         7       payout -- I'm sorry, Senator, I'll refer you

         8       to it.  It's on page 10.  If you have a copy

         9       of it in front of you, it's page 10 on the

        10       bill, paragraph 3, lines 12 through 17.

        11       That's the specific reference.

        12                  I'm trying to get an understanding

        13       for legislative history purposes.

        14                  SENATOR LARKIN:    You're talking

        15       about the total revenue on that 4 percent?

        16                  SENATOR CRAIG JOHNSON:    That's

        17       correct.  My question is this, though.  And

        18       you see it.

        19                  Four percent of the total revenue

        20       wagered after payout for prizes to be

        21       deposited into an account of the franchised

        22       corporation "to be used for capital

        23       expenditures in maintaining and upgrading of

        24       Aqueduct racetrack, Belmont Park racetrack and

        25       Saratoga race course."



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         1                  My question is, will that upgrading

         2       and maintaining not only be the actual

         3       racetrack --

         4                  SENATOR LARKIN:    The entire area.

         5                  SENATOR CRAIG JOHNSON:    It would

         6       be the entire area?

         7                  SENATOR LARKIN:    That's what we

         8       talked about before.  This is what you asked

         9       about the day you were there.

        10                  Our intent that day that we toured

        11       that place was to do the entire area.  Whether

        12       NYRA listens to us is a horse of a different

        13       color.

        14                  (Laughter; groans.)

        15                  SENATOR LARKIN:    Oh, that was

        16       terrible.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Johnson, on the bill.

        19                  SENATOR CRAIG JOHNSON:    On the

        20       bill.

        21                  Thank you, Senator Larkin, very

        22       much for answering those questions.  I wish I

        23       could ask you a few more, but I understand you

        24       wanted to limit it.  And I thank you for

        25       providing those answers.  It does clarify a



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         1       few things.

         2                  On the bill.  Obviously, I would

         3       have loved to see Senate 8698 be the bill that

         4       was the agreed bill between the Senate and the

         5       Assembly, because it contains language for a

         6       local advisory board in Belmont.  This is a

         7       big issue for the residents of Elmont and

         8       Floral Park.  There currently is no local

         9       advisory board for those residents to address

        10       the issues at the Belmont racetrack.

        11                  Obviously, a great way to address

        12       that if we're not going to address it in the

        13       omnibus bill is to very easily bring it out of

        14       Rules today, my bill, Senate Bill Number

        15       S6977, a simple, stand-alone piece of

        16       legislation that would create a local advisory

        17       board for the Belmont communities.

        18                  It has an Assembly sponsor,

        19       Assemblywoman Michelle Schimel.  It has

        20       support in the Assembly.

        21                  We could pass it here today and

        22       accomplish what we wanted to set out and what

        23       we talked about to the Elmont community at

        24       that hearing:  payment of the taxes and a

        25       local advisory board.  It will be two bills,



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         1       not necessarily one, but this way everything

         2       is accomplished.

         3                  I would hope that as we wind down

         4       our Senate session, we take Senate Bill S6977

         5       up and get that passed.  But right before us

         6       is the bill we have before us, 8709.

         7                  And while I find it difficult and

         8       upsetting that it's clear to me that the

         9       Assembly has issues with the local advisory

        10       board in that piece, I thank Senator Larkin.

        11       Because it does show a commitment on paying

        12       the property taxes that are due and owing.  It

        13       will help Nassau County.  It will help the

        14       Town of Hempstead.  It will help the Village

        15       of Floral Park.  It will help the residents of

        16       Elmont.  It will help the school districts and

        17       the special districts to finally get something

        18       back that they are due and owing.

        19                  So I will be voting in favor of the

        20       bill.  I urge all my colleagues to vote in

        21       favor of it.  But hopefully before the end of

        22       session we can also take up Senate Bill Number

        23       6977, my bill for a local advisory board for

        24       Belmont Park, and pass that as well.

        25                  Thank you very much.



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         1                  ACTING PRESIDENT GRIFFO:    Any

         2       other Senator wishing to be heard?

         3                  Senator Hannon.

         4                  SENATOR HANNON:    Thank you,

         5       Mr. President.

         6                  It is painfully obvious to anybody

         7       who read reports of the Belmont Stakes how

         8       ill-prepared, ill-equipped and ill-managed

         9       NYRA has been in running Belmont.

        10                  When we passed the original

        11       legislation to, quote, bail them out back

        12       earlier this session, I was on my feet saying

        13       that this is an area close to the center of

        14       the New York City metropolitan area that has

        15       been left fallow, that the best use is the

        16       ignominious renting of the parking lot to

        17       automobile dealers to store their cars,

        18       instead of being a premier destination spot

        19       which could boost New York State racing and

        20       boost our having a great tourist attraction.

        21                  I would suggest to the people that

        22       are running NYRA, I would suggest to the

        23       executive branch that they take heed of the

        24       gross failures occurred during the Belmont

        25       Stakes and work to improve this site, work to



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         1       develop this site and make it something that

         2       New Yorkers could be proud of.

         3                  This legislation does advance many

         4       of the goals, but it does not go as far as we

         5       want and it does not change the mind of the

         6       people who run NYRA to making this what we

         7       need.

         8                  Thank you.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Hannon.

        11                  Senator Krueger.

        12                  SENATOR LIZ KRUEGER:    Thank you.

        13                  I appreciate the discussion.  I

        14       appreciate my colleague Senator Craig

        15       Johnson's analysis of what else we should be

        16       doing.

        17                  I'll vote for the bill, based on

        18       Senator Johnson's recommendation, but I need

        19       to stand up to point out yet again that in

        20       New York State we keep bailing out our

        21       gambling.  We bail out our racetracks over and

        22       over again, we bail out gambling activities,

        23       we reduce the income coming into our school

        24       education funds by increasing the take held by

        25       the operators of VLT.



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         1                  You can be agnostic about gambling

         2       as a legislator based on your belief that

         3       you're actually going to gain revenue for the

         4       State of New York.

         5                  And frankly, for the six years I've

         6       been here, the only thing we ever do around

         7       gambling in this state is bail them out and

         8       give them more of our money that should be

         9       going to schools.  So I am continuously

        10       frustrated, regardless of the subissue within

        11       gambling, that we continue to apparently not

        12       know how to make money in gambling.  And I

        13       thought that was the assignment if government

        14       was going to be participating in that

        15       business.

        16                  So I suppose I share my frustration

        17       with you all that if we're going to be in the

        18       business of gambling, then let's at least make

        19       some money for the people of New York State

        20       instead of continually having to pass bills to

        21       move more money out to the gambling entities.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT GRIFFO:    Is

        24       there any other Senator wishing to be heard?

        25                  The debate is closed.  The



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         1       Secretary will ring the bell.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 17.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 2164 are

        10       Senators Diaz, Padavan and Rath.

        11                  Absent from voting:  Senator

        12       Sampson.

        13                  Ayes, 58.  Nays, 3.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  Senator Libous, that now completes

        17       the controversial reading of Senate

        18       Supplemental Calendar 64A.

        19                  SENATOR LIBOUS:    Mr. President,

        20       may we now take up the noncontroversial active

        21       list that is before us, starting with Calendar

        22       Number 63, Senate Print Number 6457A, by

        23       Senator Farley.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       Secretary will read the active list calendar



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         1       for June 24th, starting with Print Number

         2       6457A, by Senator Farley.

         3                  THE SECRETARY:    Calendar Number

         4       63, by Senator Farley, Senate Print 6457A, an

         5       act establishing a task force.

         6                  ACTING PRESIDENT GRIFFO:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       134, by Senator Alesi, Senate Print 6634C, an

        18       act to amend the Labor Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT GRIFFO:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 189, Senator DeFrancisco moves

         6       to discharge, from the Committee on Judiciary,

         7       Assembly Bill Number 8858A and substitute it

         8       for the identical Senate Bill Number 5966A,

         9       Third Reading Calendar 189.

        10                  ACTING PRESIDENT GRIFFO:

        11       Substitution ordered.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       189, by Member of the Assembly Weinstein,

        15       Assembly Print Number 8858A, an act to amend

        16       the Estates, Powers and Trusts Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       267, by Senator Lanza, Senate Print 3443, an

         4       act to amend the New York City Health and

         5       Hospitals Corporation Act.

         6                  ACTING PRESIDENT GRIFFO:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Krueger, to explain her vote.

        15                  SENATOR LIZ KRUEGER:    Thank you.

        16                  So this bill would require that the

        17       Health and Hospitals Corporation of New York

        18       City spend at least 10 percent of its

        19       operating budget per year and its capital

        20       budget per year in each of the five boroughs.

        21                  The dilemma, of course, is perhaps

        22       the population doesn't distribute that way.

        23       Perhaps the capital needs in one borough in

        24       one particular year are dramatic and the

        25       capital needs in another borough that year are



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         1       nonexistent.  It can happen.

         2                  So while I appreciate Senator

         3       Lanza's concern -- I believe that Staten

         4       Island has concerns about its healthcare

         5       facilities, and I respect that -- I don't

         6       think we want to mandate percentage formulas

         7       within the HHC system in the City of New York,

         8       one city with one planning process for its

         9       healthcare needs.

        10                  So I'll be voting no.

        11                  Thank you, Mr. President.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       L. Krueger to be recorded in the negative.

        14                  Senator Savino, to explain her

        15       vote.

        16                  SENATOR SAVINO:    Thank you,

        17       Mr. President.

        18                  It's rare that I disagree with one

        19       of my colleagues, Senator Krueger, but on this

        20       one I have to respectfully disagree.

        21                  First, I want to thank Senator

        22       Lanza for bringing this bill, and our

        23       colleague in the Assembly, Michael Cusick.

        24       You know we live in Staten Island, even though

        25       I represent Brooklyn as well.



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         1                  Staten Island has a lot of

         2       nicknames.  We affectionately refer to it as

         3       "Staten Italy," because of its huge number of

         4       Italian-Americans.  It's sometimes referred to

         5       as "Diet Brooklyn," because of its huge number

         6       of former Brooklynites who have moved to

         7       Staten Island.

         8                  But the one nickname that stands

         9       out more than any other is the "Forgotten

        10       Borough."  We are forgotten by the City of

        11       New York in many issues.  We are forgotten by

        12       the MTA on just about all of them.  But there

        13       is no city agency that ignores us more and

        14       with greater frequency than the Health and

        15       Hospitals Corporation.

        16                  And they're allowed to do that

        17       because they have no brick-and-mortar hospital

        18       in the County of Richmond.  There is no

        19       physical public hospital to serve what is the

        20       fastest growing borough right now in the City

        21       of New York, with a population of close to a

        22       half a million people.

        23                  Ten years ago we had five

        24       not-for-profit and voluntary hospitals; we are

        25       now down to two.  One of them is on life



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         1       support itself.  And as a result of the fact

         2       that we do not have a brick-and-mortar

         3       facility on the island, we get no funding from

         4       the HHC.

         5                  We do not have a rape crisis center

         6       like the other public hospitals provide in the

         7       other boroughs.  We do not get to participate

         8       in the colonoscopy free screening that's

         9       provided by the HHC.  We don't get any of the

        10       benefits that the HHC provides to the rest of

        11       the City of New York, partially funded out of

        12       the taxpayers' pockets of Staten Islanders,

        13       because we do not have a brick-and-mortar

        14       facility.

        15                  Now, I don't disagree with Senator

        16       Krueger's assertion that perhaps this is not

        17       the way you allocate capital resources.  But

        18       this may be the only way we get the attention

        19       of the mayor of the City of New York and the

        20       Health and Hospitals Corporation and force

        21       them to allocate a percentage of their budget

        22       for the health and welfare of the citizens of

        23       Richmond County.

        24                  And they have never done it, and

        25       we're going to continue to fight for it every



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         1       step of the way, including possibly suing the

         2       City of New York and the HHC to do that.

         3                  So I'm going to vote for this bill,

         4       Senator Lanza, because it is a good bill.  And

         5       10 percent, in my opinion, may not be enough.

         6                  Thank you.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Savino to be recorded in the affirmative.

         9                  Senator Diaz, to explain his vote.

        10                  SENATOR DIAZ:    Thank you,

        11       Mr. President.

        12                  I just would like to say that -- on

        13       the bill, I would like to say that I agree

        14       with Senator Krueger, even though I'm going to

        15       vote for the bill.  But I agree with Senator

        16       Krueger in what she's saying.  And I will vote

        17       for the bill because of the intention of the

        18       bill.  And I'm going to explain myself.

        19                  You know, when we -- when we

        20       compare Staten Island and the Bronx, there's

        21       no comparison.  When you compare any hospital,

        22       any hospital, any facility in Staten Island

        23       with Lincoln Hospital in Bronx County, there's

        24       no comparison.  Lincoln Hospital is the

        25       most-used hospital in the nation.  In the



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         1       nation.  I mean, that is amazing.

         2                  And what Senator Krueger is saying,

         3       which makes a lot of sense, how do you

         4       distribute 10 percent to Staten Island and to

         5       the Bronx when the Bronx, with Lincoln

         6       Hospital, Bronx-Lebanon Hospital, Jacobi

         7       Hospital, all the hospitals have more need?

         8       More people living there, more people being

         9       attended, more need, more health needs than

        10       Staten Island.  Three times more.

        11                  But, Senator Lanza, because of the

        12       intention of the bill to force the City of

        13       New York to spend money in healthcare

        14       directly, we in the Bronx would take -- even

        15       though not enough, not enough, 10 percent --

        16       we will take whatever we can.  Good intention.

        17       I'm voting yes for the bill.

        18                  Senator Krueger, Senator Krueger,

        19       Senator Krueger --

        20                  SENATOR LIZ KRUEGER:    Yes, sir.

        21       Excuse me.

        22                  SENATOR DIAZ:    -- what you say

        23       makes sense.  Thank you for what you said,

        24       because you are looking out for the

        25       population, not by certain boroughs to be



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         1       preferable than others.

         2                  So, Mr. President and ladies and

         3       gentlemen, I'm voting yes on the bill.

         4       However, Senator Lanza, we need a lot more

         5       money in Lincoln Hospital, Jacobi Hospital,

         6       Bronx-Lebanon Hospital in Bronx County.  But

         7       we're taking whatever we can get.

         8                  Thank you.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Diaz to be recorded in the affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    Ayes, 60.  Nays,

        13       1.  Senator L. Krueger recorded in the

        14       negative.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       277, by Senator LaValle, Senate Print 2426B,

        19       an act to amend the Education Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 5.  This

        23       act shall take effect on the 120th day.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 374, Senator Marcellino moves

         7       to discharge, from the Committee on Rules,

         8       Assembly Bill Number 2986 and substitute it

         9       for the identical Senate Bill Number 1558,

        10       Third Reading Calendar 374.

        11                  ACTING PRESIDENT GRIFFO:

        12       Substitution ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       374, by Member of the Assembly Weisenberg,

        16       Assembly Print Number 2986, an act to amend

        17       the Environmental Conservation Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       376, by Senator Lanza, Senate Print 5583, an

         5       act to amend the Environmental Conservation

         6       Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       777, by the Senate Committee on Rules, Senate

        19       Print Number 6329A, an act to authorize the

        20       Town of Malta to convey to Saratoga Water

        21       Services, Inc.

        22                  ACTING PRESIDENT GRIFFO:    There

        23       is a home-rule message at the desk.

        24                  The Secretary will read last

        25       section.



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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       888, by Senator Griffo, Senate Print 7659A, an

        11       act to amend the Public Service Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 4.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 61.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 1147, Senator Young moves to

        24       discharge, from the Committee on Consumer

        25       Protection, Assembly Bill Number 9559A and



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         1       substitute it for the identical Senate Bill

         2       Number 7853, Third Reading Calendar 1147.

         3                  ACTING PRESIDENT GRIFFO:

         4       Substitution ordered.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       1147, by Member of the Assembly Magee,

         8       Assembly Print Number 9559A, an act to amend

         9       the Agriculture and Markets Law.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 1246, Senator Padavan moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 10774 and substitute it

        24       for the identical Senate Bill Number 7916A,

        25       Third Reading Calendar 1246.



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         1                  ACTING PRESIDENT GRIFFO:

         2       Substitution ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       1246, by Member of the Assembly Gianaris,

         6       Assembly Print Number 10774, an act to amend

         7       the Labor Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 61.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 1271, Senator C. Kruger moves

        20       to discharge, from the Committee on Rules,

        21       Assembly Bill Number 8358B and substitute it

        22       for the identical Senate Bill Number 4838B,

        23       Third Reading Calendar 1271.

        24                  ACTING PRESIDENT GRIFFO:

        25       Substitution ordered.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       1271, by Member of the Assembly Bradley,

         4       Assembly Print Number 8358B, an act to amend

         5       the Family Court Act and others.

         6                  ACTING PRESIDENT GRIFFO:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 10.  This

         9       act shall take effect on the 90th day.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 1276, Senator C. Kruger moves

        18       to discharge, from the Committee on Rules,

        19       Assembly Bill Number 10808A and substitute it

        20       for the identical Senate Bill Number 7447A,

        21       Third Reading Calendar 1276.

        22                  ACTING PRESIDENT GRIFFO:

        23       Substitution ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       1276, by Member of the Assembly Scarborough,

         2       Assembly Print Number 10808A, an act to amend

         3       the Family Court Act.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 7.  This

         7       act shall take effect on the 180th day.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1295, by Senator Golden, Senate Print 154B, an

        16       act to amend the State Finance Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 4.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1328, by Senator LaValle, Senate Print 7678,

         4       an act to amend the General Business Law.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT GRIFFO:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1342, by Senator Winner, Senate Print 6262B,

        17       an act to amend the Alcoholic Beverage Control

        18       Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT GRIFFO:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1387, Senator Volker moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 8527A and substitute it

         8       for the identical Senate Bill Number 6203B,

         9       Third Reading Calendar 1387.

        10                  ACTING PRESIDENT GRIFFO:

        11       Substitution ordered.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       1387, by Member of the Assembly Weinstein,

        15       Assembly Print Number 8527A, an act to amend

        16       the Civil Practice Law and Rules.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 9.  This

        20       act shall take effect on the first of January.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Krueger, to explain her vote.



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         1                  SENATOR LIZ KRUEGER:    Thank you.

         2                  I just rise to thank Senator Volker

         3       for bringing this bill finally to the floor to

         4       be voted on today.

         5                  This is a bill that will prevent

         6       debtors from freezing the bank accounts of

         7       elderly poor people who may be surviving only

         8       on their Social Security check or their

         9       disability check and, because of some dispute

        10       that may or may not ever be resolvable, banks

        11       actually, under current law, freeze their

        12       accounts.  They can't pay their rent, they

        13       can't buy food, they can't pay for their

        14       prescriptions.

        15                  This is a very important bill for

        16       many elderly poor New Yorkers.  So I want to

        17       thank him very much for moving this bill.

        18       I'll vote yes.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Krueger to be recorded in the affirmative.

        21                  Announce the results.

        22                  THE SECRETARY:    Ayes, 61.  Nays,

        23       0.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1439, by Senator Marcellino, Senate Print

         3       6944B, an act to amend the Tax Law.

         4                  ACTING PRESIDENT GRIFFO:    There

         5       is a local fiscal impact note at the desk.

         6                  The Secretary will read the last

         7       section.

         8                  THE SECRETARY:    Section 4.  This

         9       act shall take effect April 1, 2009.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1695, by Senator Leibell, Senate Print 6904,

        18       an act to amend the State Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  SENATOR MAZIARZ:    Lay it aside

        22       temporarily, please.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is laid aside temporarily.

        25                  THE SECRETARY:    Calendar Number



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         1       2001, by Senator Skelos, Senate Print 8477A,

         2       an act to amend the Education Law.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 61.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 2011, Senator Robach moves to

        15       discharge, from the Committee on Rules,

        16       Assembly Bill Number 11628 and substitute it

        17       for the identical Senate Bill Number 8538,

        18       Third Reading Calendar 2011.

        19                  ACTING PRESIDENT GRIFFO:

        20       Substitution ordered.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       2011, by the Assembly Committee on Rules,

        24       Assembly Print Number 11628, an act validating

        25       certain acts done by the Rochester City School



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         1       District.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT GRIFFO:    Call

         7       the roll.

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       2031, by Senator Griffo, Senate Print 8507A,

        13       an act to amend the Tax Law.

        14                  SENATOR DUANE:    Lay it aside,

        15       please.

        16                  ACTING PRESIDENT GRIFFO:    Lay it

        17       aside.

        18                  THE SECRETARY:    Calendar Number

        19       2056, by Senator DeFrancisco, Senate Print

        20       8509B, an act to amend the Education Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Valesky, to explain his vote.

         5                  SENATOR VALESKY:    Thank you,

         6       Mr. President.

         7                  I want to thank Senator DeFrancisco

         8       for his leadership on this issue.  This is a

         9       very important piece of legislation that will

        10       provide the final piece of a puzzle that may

        11       very well revolutionize public education in

        12       the City of Syracuse School District.

        13                  We took some action during the

        14       budget, and assuming that the Assembly joins

        15       us in approving this bill today, this will

        16       provide additional tuition assistance to

        17       schoolchildren in the City of Syracuse public

        18       school district.

        19                  It will also have a tremendous

        20       economic development impact as well by

        21       encouraging young families to move back into

        22       the city of Syracuse to raise their families.

        23                  So, Senator DeFrancisco, thank you

        24       for your support of this bill.  I encourage

        25       all my colleagues to support it as well.



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         1                  I'll be voting in the affirmative.

         2       Thank you.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Valesky to be recorded in the affirmative.

         5                  Announce the results.

         6                  THE SECRETARY:    Ayes, 60.  Nays,

         7       1.  Senator LaValle recorded in the negative.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       2084, by the Senate Committee on Rules, Senate

        12       Print 8526B, an act to amend the New York

        13       State Urban Development Corporation Act.

        14                  SENATOR DUANE:    Lay it aside,

        15       please.

        16                  ACTING PRESIDENT GRIFFO:    Lay it

        17       aside.

        18                  THE SECRETARY:    Calendar Number

        19       2098, by the Senate Committee on Rules, Senate

        20       Print --

        21                  SENATOR DUANE:    Lay it aside,

        22       please.

        23                  ACTING PRESIDENT GRIFFO:    Lay it

        24       aside.

        25                  THE SECRETARY:    Calendar Number



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         1       2100, by the Senate Committee on Rules --

         2                  SENATOR MAZIARZ:    Just lay it

         3       aside.

         4                  ACTING PRESIDENT GRIFFO:    Lay it

         5       aside.

         6                  Is that for the day?  Senator

         7       Maziarz, can we have a clarification?  Is

         8       Calendar 2100 to be laid aside for the day?

         9                  SENATOR MAZIARZ:    No,

        10       temporarily.

        11                  ACTING PRESIDENT GRIFFO:    Lay it

        12       aside temporarily.

        13                  Senator Maziarz, that now completes

        14       the noncontroversial reading of the active

        15       list before us.

        16                  SENATOR MAZIARZ:    Mr. President,

        17       could we return to Calendar Number 1695, by

        18       Senator Leibell, and lay that aside for the

        19       day, please.

        20                  ACTING PRESIDENT GRIFFO:    We will

        21       return to Calendar Number 1695, by Senator

        22       Leibell, and lay that aside for the day.

        23                  Senator Maziarz.

        24                  SENATOR MAZIARZ:    Mr. President,

        25       can we now take up the controversial reading



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         1       of the calendar, please.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       Secretary will ring the bell.

         4                  ACTING PRESIDENT YOUNG:    The

         5       Secretary shall read.

         6                  THE SECRETARY:    Calendar Number

         7       2031, by Senator Griffo, Senate Print 8507A,

         8       an act to amend the Tax Law.

         9                  ACTING PRESIDENT YOUNG:    Senator

        10       Klein.

        11                  SENATOR KLEIN:    Madam President,

        12       if the sponsor would yield for a couple of

        13       questions.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Griffo, will you yield?

        16                  SENATOR GRIFFO:    I do.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Klein.

        19                  SENATOR KLEIN:    Thank you, Madam

        20       President.  Through you, Madam President.

        21                  Senator Griffo, do you have any

        22       statistics from the New York State Department

        23       of Taxation and Finance on how much the State

        24       of New York loses every year through

        25       bootlegging or selling untaxed cigarettes?



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         1                  SENATOR GRIFFO:    It is

         2       estimated -- Madam President, through you.

         3       Senator Klein, it is estimated almost about a

         4       billion dollars each year could be not

         5       collected as a result of bootlegging or

         6       evasion.

         7                  SENATOR KLEIN:    Again, through

         8       you, Madam President, would the sponsor yield

         9       for a question.

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Griffo, do you continue to yield?

        12                  SENATOR GRIFFO:    I do, Madam

        13       President.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Senator Griffo,

        18       do you know how much of that lost tax revenue

        19       is due to cigarettes sold from Native American

        20       reservations, either through the Internet or

        21       directly from the reservation?

        22                  SENATOR GRIFFO:    Senator Klein, I

        23       do not have a specific -- Madam President,

        24       through you.  Senator Klein, I do not have a

        25       specific amount, but it has been estimated



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         1       upwards to about a half a billion dollars.

         2                  SENATOR KLEIN:    Thank you.

         3                  Another question, Madam President.

         4       Would the sponsor yield?

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Griffo, do you continue to yield?

         7                  SENATOR GRIFFO:    I do, Madam

         8       President.

         9                  ACTING PRESIDENT YOUNG:    Thank

        10       you.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Senator Griffo,

        13       under your legislation you create a tax credit

        14       for those retail tobacco dealers located in

        15       close proximity to Native American

        16       reservations.

        17                  How much would the tax credit cost

        18       the taxpayers of New York State?  In other

        19       words, what would be the budget amount?

        20                  SENATOR GRIFFO:    Madam President,

        21       through you.  Senator Klein, that is still

        22       being worked out at this point in time.

        23                  But the concept behind this,

        24       Senator Klein, was to serve -- this

        25       Legislature, both houses passed, in March of



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         1       2006, laws instructing the Executive to

         2       enforce the laws of the State of New York by

         3       collecting sales tax.  Three Governors have

         4       chosen to ignore those laws that have existed.

         5                  So this is purposely presented as a

         6       penalty, not only to the state for its

         7       inaction for failure to fulfill the

         8       responsibilities incumbent with the executive

         9       office of the Governor in enforcing the law.

        10                  So while those numbers are being

        11       worked out, I thought it was important that we

        12       presented this forward, because we want to

        13       encourage that the law is obviously abided by

        14       and that the Governor in office, whoever it

        15       may be -- and at this time the current

        16       Governor -- really begin to take appropriate

        17       action.  And if not, this would be a penalty

        18       for the State of New York.

        19                  So I recognize there would be a

        20       cost savings.  But we were trying to come up

        21       with a new way without trying to face some

        22       constitutional crisis between the two

        23       branches, recognizing the separation of powers

        24       but also trying to emphasize the importance of

        25       this legislation and the fact that for three



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         1       Governors now, we have not seen any action.

         2                  So yes, there would be a cost, but

         3       that is the impetus for this, not only to

         4       offset the concerns expressed by the small

         5       business community, but I actually think we

         6       should even go farther and hold the

         7       communities harmless too that are also

         8       suffering because of this failure to collect

         9       the sales tax.

        10                  SENATOR KLEIN:    Thank you,

        11       Senator Griffo.

        12                  Would the sponsor yield, Madam

        13       President, for one last question.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Griffo, do you yield for one last question?

        16                  SENATOR GRIFFO:    I do yield,

        17       Madam President.

        18                  ACTING PRESIDENT YOUNG:    Thank

        19       you.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Through you,

        22       Madam President.  I notice also there's a

        23       separate section -- one is businesses that are

        24       close proximity to Native American

        25       reservations.  The other section deals with



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         1       tobacco dealers, retail tobacco dealers who

         2       are in close proximity to a border state.

         3                  If we're trying to deal with the

         4       lost revenue that's not collected from Native

         5       American reservations through the sale of

         6       bootleg cigarettes, why are we now including a

         7       section on border states?

         8                  SENATOR GRIFFO:    Madam President,

         9       through you.

        10                  Senator Klein, we do have

        11       reservations that are in bordering states that

        12       are close enough to our border that have that

        13       type of an impact.

        14                  SENATOR KLEIN:    Thank you very

        15       much, Senator Griffo.

        16                  Madam President, on the bill.

        17                  ACTING PRESIDENT YOUNG:    Senator

        18       Klein, on the bill.

        19                  SENATOR KLEIN:    I want to thank

        20       Senator Griffo for raising this issue.

        21                  But I think what we're doing in

        22       this legislation is making a bad situation, if

        23       at all possible, somewhat worse.  What we're

        24       doing now is we're acknowledging that we can't

        25       collect cigarettes on Native American



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         1       reservations, even though there's many laws

         2       written that say we can do that, and now we're

         3       losing all that revenue for the State of

         4       New York for untaxed cigarettes, and now we're

         5       giving a tax credit to these aggrieved

         6       businesses.

         7                  I don't think this is the best way

         8       to deal with the problem.  Although, again, I

         9       do recognize Senator Griffo is looking out for

        10       his localities, who are going to wake up one

        11       morning without a tax base.

        12                  This is an issue that I've had a

        13       hong history with in our State Legislature.

        14       As a matter of fact, one of the first bills

        15       that I passed in the Assembly was a bill that

        16       I did with Senator Libous when the problem was

        17       bootlegging of cigarettes that came from

        18       low-tax states.  We dealt with that situation,

        19       but then the Native Americans got into the

        20       cigarette business and the issue has come

        21       about again.

        22                  I also wrote a law with Senator

        23       Chuck Fuschillo which bans the sale of

        24       cigarettes over the Internet and through mail

        25       order.  Again, a very important issue, because



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         1       not only are we losing a tremendous amount of

         2       tax revenue, but young people time and time

         3       again are able to gain access to cheap

         4       cigarettes over the Internet without having to

         5       give IDs or any proof of age.

         6                  So this is an issue that has become

         7       very, very important for two reasons.  First,

         8       the State of New York is losing millions and

         9       millions of dollars in uncollected revenue.

        10       But just as important, the way young people

        11       can buy cigarettes is through the Internet,

        12       through mail order.  And the incentive to buy

        13       cigarettes at a cheaper price exists every day

        14       for them.

        15                  There are statistics that show

        16       every time we tax cigarettes, we do reduce the

        17       number of smokers.  But I think when we look

        18       at those numbers, I think they're very

        19       difficult to calculate.  Because what we're

        20       seeing is people who are buying cigarettes

        21       lawfully, and there maybe a drop-off, but I

        22       think indeed they're buying cigarettes over

        23       the Internet, they're buying cigarettes off

        24       the street from people who aren't collecting

        25       the tax.



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         1                  Whether you like cigarette smoking

         2       or not, we can't ignore the fact that we

         3       generate a tremendous amount of revenue

         4       through cigarettes.  And one of the ways we

         5       fund the HCRA fund in New York State -- which,

         6       as everyone knows, goes to healthcare and

         7       other important programs, the EPIC program, to

         8       just name a few -- is through cigarette taxes.

         9                  Also, our tobacco settlement money,

        10       which is again earmarked in New York State for

        11       healthcare causes, is based on legal cigarette

        12       sales.  So every time a bootleg pack of

        13       cigarettes is sold, every time an untaxed

        14       carton that emanates from a Native American

        15       reservation is sold, that's less money that's

        16       calculated towards our tobacco settlement

        17       dollars.

        18                  So I think we really need to deal

        19       with this through legislation, if we can.  But

        20       I'll be honest, I'm getting a little

        21       frustrated.  I've passed two bills now in my

        22       tenure in the Legislature, and they haven't

        23       been enforced.

        24                  I think what we really need to do

        25       is work out an agreement with our Native



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         1       American neighbors where we do some type of

         2       50/50 split where they collect the taxes, we

         3       take half.  It's better than nothing.  Or

         4       maybe we should actually have a health and

         5       education fund that the money is collected by

         6       Native Americans and is dedicated to a fund to

         7       make sure that the reservation uses it for

         8       education and healthcare.

         9                  But I think we shouldn't be the

        10       only state in the United States that has no

        11       tax agreement with our Native American

        12       neighbors.  That's where we are right now.

        13       And I don't think, in this time of fiscal

        14       constraints, we can continue to ignore

        15       $500 million, $600 million in uncollected

        16       revenue.

        17                  And as I said earlier, I feel for

        18       the constituents that Mr. Griffo represents,

        19       as well as my colleague Senator Valesky.

        20       Because it's very, very difficult to compete

        21       when an item is being sold and they're

        22       excluding taxes.

        23                  And I will say, and I guess I don't

        24       want to give some of the tribes some ideas,

        25       but there's nothing preventing them from



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         1       actually selling refrigerators or fur coats or

         2       jewelry or anything else that has a very high

         3       luxury tax.  And what's going to happen one

         4       day is we're going to wake up in a lot of

         5       these communities, and they're going to lose

         6       their tax base.  And I think it's incumbent

         7       upon us to prevent that from happening.

         8                  So while I support the effort

         9       that's put forward in this bill, and I do vote

        10       yes, I think we should be really doing a lot

        11       more to finally hammer out an agreement with

        12       our Native American agreements.

        13                  I thank you, Madam President.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Valesky.

        16                  SENATOR VALESKY:    Thank you,

        17       Madam President.  On the bill.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Valesky, on the bill.

        20                  SENATOR VALESKY:    Thank you,

        21       Madam President.

        22                  I appreciate Senator Klein's

        23       efforts over the years -- particularly his

        24       leadership in the Assembly, before coming

        25       here -- on this issue.



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         1                  I can relate and speak firsthand to

         2       the frustration that Senator Klein speaks

         3       about in regard to this issue.  And I want to

         4       thank Senator Griffo for bringing this bill

         5       before us today.

         6                  The impact certainly on convenience

         7       stores in Central New York as a result of the

         8       lack of enforcement of sales tax collection

         9       has been significant over the years.  It has

        10       been even greater since passage of the budget

        11       earlier this year with the $1.25 increase in

        12       the state excise tax on cigarettes.

        13                  This is the third consecutive

        14       administration in this state that has not

        15       followed through in enforcing the law.

        16       Senator Griffo mentioned earlier that we have

        17       passed legislation in this house and in the

        18       other house on more than one occasion, and in

        19       numerous budgets, to direct the Commissioner

        20       of Taxation and Finance to collect sales

        21       taxes.  That has not happened, and I commend

        22       Senator Griffo for taking this approach.

        23                  I would note in the bill, however,

        24       that Senator Griffo's bill would expire upon

        25       the collection of the sales tax imposed under



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         1       Article 20 of the Tax Law.  So when laws that

         2       are on the books are not being enforced, I

         3       think it's certainly appropriate for us as a

         4       Legislature to do everything we can to

         5       encourage the Executive, whomever that might

         6       be, to enforce the laws of this state.

         7                  So, Senator Griffo, thank you for

         8       bringing this piece of legislation before us.

         9       I encourage all of my colleagues to support

        10       the bill.

        11                  ACTING PRESIDENT YOUNG:    Thank

        12       you, Senator Valesky.

        13                  Senator Nozzolio.

        14                  SENATOR NOZZOLIO:    Thank you,

        15       Madam President.  On the bill.

        16                  Madam President and my colleagues,

        17       Senator Griffo did not want to introduce this

        18       legislation.  I speak for myself; I did not

        19       want to support this legislation.

        20                  But unfortunately, the New York

        21       State Tax Department, being the biggest tax

        22       scofflaw of all of New York State, requires us

        23       to take this drastic action.

        24                  Under three Governors, the New York

        25       State Tax Department has failed to comply with



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         1       a law that this house instructed them to

         2       comply with.  This house voted to establish

         3       the level playing field when an Indian

         4       business, a Native American business, sells to

         5       a non-Native American customer, that is a

         6       transaction that this house and the other

         7       house, the Assembly, indicated should be the

         8       law of New York State.

         9                  Do you know of any other element of

        10       the New York State tax code that is ignored by

        11       the New York State Tax Department?  I can

        12       think of no other.

        13                  We all know, and I'm sure we've

        14       heard from business after business that when

        15       non-Native American businesses, when they are

        16       in any way in arrears in their payments, what

        17       happens to them?  Well, the New York State Tax

        18       Department is the first to show up, is the

        19       first to seize assets, is the first to take

        20       them to court, is the first to prosecute and

        21       is the first to convict.

        22                  But what happens when there are, as

        23       Senator Klein had indicated, literally

        24       thousands of transactions that are occurring

        25       each and every week that the New York State



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         1       Tax Department is required to collect taxation

         2       but refuses to do so?

         3                  The only thing worse than taxation

         4       is taxation that's administered unevenly, and

         5       that's what we have in this state.  We have an

         6       uneven implementation of the New York State

         7       tax code by the New York State Tax Department.

         8       One set of rules for Native Americans who are

         9       selling to non-Native Americans.  Even though

        10       the law requires there to be a set of rules

        11       for all business selling to non-Native

        12       Americans, the Tax Department continues to

        13       support duplicity.

        14                  Senator Griffo -- and I support his

        15       legislation -- has introduced this bill out of

        16       tremendous frustration.  But his frustration

        17       and my frustration pales in comparison to the

        18       frustration of the everyday businessperson who

        19       is paying their taxes, who is complying with

        20       the law, who is trying to make ends meet, who

        21       is running a legitimate business but cannot

        22       compete toe to toe, head to head because

        23       there's a duplicity in the enforcement of our

        24       New York State tax code.

        25                  The frustration of that



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         1       businessperson -- the loss of revenue, the

         2       loss of employment, the loss of their

         3       business -- is extreme.  That's why Senator

         4       Griffo developed this procedure, to try to

         5       level the playing field somewhat and somehow

         6       make up for the Tax Department's failure to

         7       follow the law.

         8                  Senator Griffo, you've done an

         9       excellent job in putting this bill before us.

        10       It's a measure that I believe everybody should

        11       support that cares about business in New York,

        12       that cares about the upstate economy, that

        13       cares about those businesses that do follow

        14       the law, that do pay taxes, that do obey the

        15       rules.

        16                  It is, at the very least, out of

        17       frustration because of the Tax Department's

        18       failure to comply with the law that this

        19       legislation becomes necessary.

        20                  And that, Madam President, is why I

        21       rise to support it.

        22                  ACTING PRESIDENT YOUNG:    Thank

        23       you, Senator Nozzolio.

        24                  Any other Senator wishing to be

        25       heard?



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         1                  Then the debate is closed.  The

         2       Secretary will ring the bell.

         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:    Senator

        10       Schneiderman, to explain his vote.

        11                  SENATOR SCHNEIDERMAN:    Thank you,

        12       Madam President.

        13                  I will be voting against this bill,

        14       although I very much appreciate the

        15       frustration of my colleagues who represent

        16       areas where this problem is taking place.

        17                  I don't think the right way to

        18       address it is to essentially extend the same

        19       problem and create more inequality between

        20       businesses that happen to be close to a

        21       reservation as opposed to businesses that are

        22       a little further way.  Obviously, the way to

        23       handle this is to collect the taxes.

        24                  I also have a very serious problem

        25       with the extension of this rule to businesses



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         1       just that are simply close to a border state.

         2       That creates tremendous inequality between

         3       equal businesses.

         4                  I think the principles that were

         5       stated before by my colleagues who are in

         6       support of this measure -- treat equal

         7       businesses equally -- are tremendously

         8       important.  The first principle of tax policy

         9       is you treat equal transactions and equal

        10       individuals or businesses equally.

        11                  Unfortunately, the New York State

        12       tax code is riddled with exemptions and

        13       loopholes like this, which is why our

        14       corporate taxes have high marginal rates but

        15       generate very little income.

        16                  I would love to have a way to

        17       support the people in these jurisdictions that

        18       are suffering; I can't support this particular

        19       method.  I'm voting no, Madam President.

        20       Thank you.

        21                  ACTING PRESIDENT YOUNG:    Thank

        22       you, Senator Schneiderman.

        23                  Senator Savino, to explain her

        24       vote.

        25                  SENATOR SAVINO:    Thank you,



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         1       Madam President.

         2                  I'm also voting against this bill,

         3       although I totally appreciate and understand

         4       the frustration of Senator Griffo and the

         5       other members of the Senate who represent

         6       areas that do have a large number of

         7       Native Americans selling cigarettes illegally.

         8       I am sympathetic.

         9                  However, for all of the reasons

        10       that Senator Klein laid out, the amount of

        11       revenue that is at stake, the amount of

        12       revenue that the New York State government

        13       loses every day because of these illegal

        14       sales, the amount of revenue that comes out of

        15       our HCRA fund, the amount of revenue that

        16       comes out of the tobacco settlement, the cost

        17       to New York State is incredible.

        18                  And what we have here right now is

        19       a situation where we are almost on the verge

        20       of aiding and abetting what is almost like an

        21       organized crime ring.  Nowhere else would we

        22       apply this rule than to this particular group

        23       of people who are violating the law every day.

        24       Imagine if every one of us in this chamber

        25       decided that we were not going to pay our



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         1       taxes anymore, we were just going to stop.

         2                  Would any one of us be allowed to

         3       stop doing that?  Would any group of retailers

         4       in the City of New York decide to just stop

         5       paying the sales tax that they are required to

         6       pay, or anywhere else in the State of

         7       New York?  No.

         8                  Our failure to enforce the

         9       legislation that we passed is somewhat

        10       troubling, because we're allowing it to go on.

        11       I understand what we're trying to do; we're

        12       trying to provide relief directly to the

        13       unintended victims of our own failure.  But

        14       what we should be doing is making sure that

        15       when we enact legislation and the Governor

        16       signs it into law, that the agency's required

        17       for implementing it actually does that.

        18                  I understand what you're doing,

        19       Senator Griffo, but unfortunately I cannot

        20       vote for this legislation.

        21                  ACTING PRESIDENT YOUNG:    Senator

        22       Savino, how do you vote?

        23                  SENATOR SAVINO:    No.

        24                  ACTING PRESIDENT YOUNG:    Senator

        25       Savino votes no.



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         1                  Senator Winner, to explain his

         2       vote.

         3                  SENATOR WINNER:    Thank you,

         4       Madam President.  I briefly want to explain my

         5       vote.

         6                  I want to thank Senator Griffo for

         7       bringing this measure before us, ostensibly

         8       out of frustration with the failure of the

         9       administration -- three administrations -- to

        10       enforce the law that we have out there to

        11       collect the sales tax that is costing our

        12       taxpayers significant revenues that could be

        13       used for other purposes.

        14                  I mean, one of the last excuses

        15       that they used, the Tax Department used, was

        16       that they were enjoined from enforcing the

        17       law.  Well, you know why they were enjoined

        18       from enforcing the law?  The law said that you

        19       had to promulgate regulations, and the law

        20       said that you had to print revenue stamps in

        21       order for the law to be implemented and put in

        22       place.

        23                  And they said, well, we've been

        24       enjoined because we did -- because -- and

        25       therefore we can't go forward.  Well, the



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         1       reason they couldn't go forward is because

         2       they didn't promulgate the regulations and

         3       they didn't print the revenue stamps.

         4                  So what kind of circular nonsense

         5       and excuse-hiding-behind is that particular

         6       message to all the legitimate businesses that

         7       are out there?

         8                  This measure is born out of

         9       frustration.  It's hopefully a message that

        10       will be sent to the administration and others

        11       that are responsible for the enforcement of a

        12       legitimate statute that we have on the books

        13       to collect these necessary revenues for our

        14       legitimate state purposes.

        15                  And additionally, I want to commend

        16       Senator Griffo for recognizing the inequities

        17       that we have also on the border businesses

        18       that are dealing with states that have lower

        19       excise taxes that are causing us significant

        20       anti-competitive retail pressures within our

        21       state.

        22                  So this measure is a great measure

        23       to send a message out there that we really

        24       mean business about making sure that these

        25       revenues are collected and that we know that



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         1       we need to protect the legitimate businesses

         2       in this state from unfair competitive

         3       pressures.

         4                  So I vote aye.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Winner.

         7                  Senator Hassell-Thompson, to

         8       explain her vote.

         9                  SENATOR HASSELL-THOMPSON:    Thank

        10       you, Madam President.

        11                  I'm very confused because I thought

        12       clearly that the agreements that were made on

        13       reservations could not be preempted by the

        14       State Legislature.  And yet the language that

        15       is being used infers and implies that

        16       something illegal is happening on the

        17       reservations.

        18                  I will be voting no for this bill

        19       primarily because I continue to see it as an

        20       encroachment on and changing or attempting to

        21       change those agreements that have been made

        22       with our reservations.

        23                  I do not agree that the competition

        24       should not in fact be more fair in terms of

        25       surrounding communities, but I fail to see how



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         1       this in fact will make a justification for the

         2       balance that you say that you want to create.

         3                  I will not be voting for this bill.

         4       Thank you, Madam President.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Hassell-Thompson.  You will be

         7       recorded as a no.

         8                  Senator Parker, to explain your

         9       vote.

        10                  SENATOR PARKER:    Madam President,

        11       to explain my vote.

        12                  First, let me congratulate Senator

        13       Griffo for bringing this issue to the floor.

        14       This is an issue, since I've been here, we've

        15       been trying to address in several different

        16       ways and we've gone unsuccessful without

        17       addressing it.  So I stand in unity with

        18       Senator Griffo as he tries to address a wrong

        19       that needs to be dealt with.

        20                  However, I'm not clear that this

        21       bill is actually the way that we ought to go

        22       about it.

        23                  Frankly, my concern is really

        24       simple, is that we are looking at lowering the

        25       taxes on cigarettes after we have just raised



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         1       the taxes on cigarettes.

         2                  To tell you a quick story, there

         3       was a young man who was born in Harlem

         4       Hospital, grew up as an orphan, had an

         5       opportunity to get a good job and wound

         6       working for the Transit Authority.  And having

         7       that full-time job at a living wage, with

         8       benefits, allowed him to marry his high school

         9       sweetheart and raise five children.  You know,

        10       one of them actually became a State Senator.

        11                  And unfortunately, that man, after

        12       having this good life, died last year of a

        13       massive heart attack after suffering for six

        14       or seven years with emphysema, acute

        15       bronchitis, and other kind of ailments.  And

        16       that man was my father.

        17                  I do not want to see people have to

        18       go through what my family has gone through

        19       after losing my father to smoking-related

        20       illness.  We need to do everything that we can

        21       to in fact discourage people from smoking.

        22                  And if store owners and convenience

        23       store owners have to find other ways to

        24       produce revenues, then let's have that

        25       conversation, and I'm happy to figure out



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         1       other ways to do it.

         2                  But we no longer can in fact trade

         3       off economic development and jobs with the

         4       cost that it's costing us both in human lives

         5       and in the healthcare costs for

         6       smoking-related illnesses.

         7                  And so on one hand we're giving

         8       money and now we're giving away money, and on

         9       the other hand we're going to be spending

        10       money as we in fact encourage people to smoke

        11       all over the state.

        12                  Because of that, I have to vote no.

        13       And I'm hoping that we can work together,

        14       going forward, to figure out another way to

        15       address this important issue.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you, Senator Parker.  You will be recorded in

        18       the negative.

        19                  Any other Senator wishing to be

        20       heard?

        21                  Announce the results.

        22                  THE SECRETARY:    Those recorded in

        23       the negative on Calendar Number 2031 are

        24       Senators Connor, Duane, Gonzalez,

        25       Hassell-Thompson, Huntley, Klein, Montgomery,



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         1       Morahan, Padavan, Parker, Perkins, Sabini,

         2       Savino, Schneiderman, Serrano and

         3       Stewart-Cousins.  Also Senator Stavisky.

         4                  Absent from voting:  Senator

         5       Sampson.

         6                  Ayes, 44.  Nays, 17.

         7                  ACTING PRESIDENT YOUNG:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       2084, by the Senate Committee on Rules, Senate

        11       Print 8526B, an act to amend the New York

        12       State Urban Development Corporation Act.

        13                  SENATOR LIZ KRUEGER:

        14       Explanation.

        15                  ACTING PRESIDENT YOUNG:    An

        16       explanation has been requested, Senator

        17       Johnson.

        18                  SENATOR OWEN JOHNSON:    Yes, this

        19       bill creates an innovative program at a

        20       statewide level to enable financing of

        21       large-scale economic development projects over

        22       $20 million.  The Empire State Development

        23       Corporation will act as the primary vehicle

        24       for review and approval of key projects.

        25                  This benefits the state by reducing



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         1       and eliminating the need for grant programs to

         2       finance large-scale projects.  And the way

         3       they do that is keep aside the payment in lieu

         4       of taxes and use those to pay the bonds on the

         5       money which is being provided.  So we don't

         6       have to use state grants, we can use that

         7       money to float bonds and pay them off with the

         8       payments in lieu of taxes.

         9                  And it's a very clever idea.  You

        10       can raise a lot of money that way and provide

        11       incentives for major projects.

        12                  ACTING PRESIDENT YOUNG:    Thank

        13       you, Senator Johnson.

        14                  Senator Krueger.

        15                  SENATOR LIZ KRUEGER:    Thank you,

        16       Madam President.

        17                  If the sponsor would please yield.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Johnson, do you yield?

        20                  SENATOR OWEN JOHNSON:    Yes.

        21                  ACTING PRESIDENT YOUNG:    The

        22       Senator yields.

        23                  SENATOR LIZ KRUEGER:    Thank you.

        24                  So it's a PILOT program, payments

        25       in law of taxes, and it's a self-sufficiency



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         1       program, and it's got some very specific

         2       criteria.  Is there a specific project in mind

         3       with this bill?

         4                  SENATOR OWEN JOHNSON:    Not at the

         5       moment, no.  Not at the moment.

         6                  SENATOR LIZ KRUEGER:    Not at the

         7       moment.  Thank you.

         8                  SENATOR OWEN JOHNSON:    But we are

         9       looking to have large projects come along, and

        10       we don't have the state funds to provide it,

        11       and this is a way to create the money to build

        12       the projects.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you, Senator Johnson.

        15                  Senator Krueger.

        16                  SENATOR LIZ KRUEGER:    Thank you,

        17       Madam President.  If the sponsor would

        18       continue to yield.

        19                  ACTING PRESIDENT YOUNG:    Senator

        20       Johnson, do you continue to yield?

        21                  SENATOR OWEN JOHNSON:    Yes, I

        22       will.

        23                  SENATOR LIZ KRUEGER:    Thank you.

        24       Thank you, Madam President.

        25                  I have to say, as I reviewed this



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         1       bill, one of my largest concerns was the

         2       absence of a local role in this.

         3                  As I read the bill, the applicant

         4       comes to the UDC for financing of this

         5       project, and then they can come to an

         6       agreement, the state agency and the project

         7       developer, wherein if they make an agreement

         8       to pay PILOTs to themselves instead of taxes

         9       for 40 years -- again, if I'm the developer in

        10       the deal and I make an agreement through this

        11       law where I will pay payments in lieu of taxes

        12       not to the state or the locality but in fact

        13       to myself for the project costs, then for

        14       40 years I might not have to pay any actual

        15       taxes to the local government or the county or

        16       even the state.

        17                  And the way the bill is written,

        18       the locality only gets 45 days' notice to

        19       decide whether or not they want to object.

        20       And if they haven't objected, this deal can go

        21       through.  And the school district, which also

        22       then is losing the taxes for up to 40 years,

        23       also has only 30 days to make a determination.

        24                  And so this kind of deal could go

        25       through in what I would call the blink of an



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         1       eye, from a local government perspective,

         2       where the provider --

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Krueger, excuse me.  Is there a question in

         5       there?

         6                  SENATOR LIZ KRUEGER:    Yes, there

         7       is.

         8                  ACTING PRESIDENT YOUNG:    Okay,

         9       thank you.

        10                  SENATOR LIZ KRUEGER:    Again, I'm

        11       trying to explain my reading of the bill in my

        12       question to the Senator.

        13                  That the way the bill is written,

        14       the PILOT deal would go through, if the school

        15       district didn't say wait a second here within

        16       30 days, if the local government didn't say

        17       wait a second here within 45 days -- and while

        18       the developer might have to pay a certain

        19       percentage formula, as laid out in the bill,

        20       to the host community and the school district

        21       and a one-time payment to ESDC, this could be

        22       an enormous project in somebody's back yard

        23       with very little opportunity for them to

        24       object.  And before you know it, there's no

        25       taxes paid to them for 40 years.



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         1                  So my question is, is that the

         2       sponsor's intention in this bill, to basically

         3       lock localities and school districts out of

         4       taxes for 40 years?

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Johnson.

         7                  SENATOR OWEN JOHNSON:    I

         8       understood you made a wonderful presentation.

         9       Was that a question or what?

        10                  SENATOR LIZ KRUEGER:    Yes, it was

        11       a question, Senator Johnson.  I could repeat

        12       it -- don't repeat it?

        13                  (Laughter.)

        14                  ACTING PRESIDENT YOUNG:    Not

        15       necessary, Senator Krueger.

        16                  SENATOR OWEN JOHNSON:    What is

        17       the question?

        18                  SENATOR LIZ KRUEGER:    Does this

        19       bill lock local governments and school

        20       districts into 40 years where taxes cannot be

        21       collected because the PILOTs go to the

        22       sponsor, with the exception of the deal laid

        23       out here, of just 3 percent to the host

        24       community, 3 percent of the project costs to

        25       the school district, and if the locality and



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         1       the school district haven't acted within a

         2       45-day window, the deal is done anyway?

         3                  SENATOR OWEN JOHNSON:    Okay, very

         4       good.

         5                  Now, you know, this has got two

         6       purposes.  One is to generate tax revenue.

         7       One is create jobs.  One is create housing,

         8       affordable housing.  So jobs, housing.  I

         9       can't think of all the other -- if you read

        10       the bill, one or two good reasons to do this,

        11       to revive the community, raise the community

        12       standards with employment, with new projects,

        13       construction work.

        14                  You're right, 3 percent of the

        15       total project cost will go to the school

        16       district initially.  Now, if the locality

        17       doesn't want this project, they can veto the

        18       project.  They can say "We don't want it."

        19       But most people would like the jobs and the

        20       construction and the jobs which are generated

        21       from the project.

        22                  And a lot of income is created in

        23       that area, sales taxes are created.  So don't

        24       think there's no benefit to the community;

        25       there is.  The community will be revived, and



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         1       the revenue will flow from the other sources

         2       which I mentioned to you.  So I think it's a

         3       very clever idea to finance things without the

         4       state going into debt to do it.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Johnson.

         7                  Senator Krueger.

         8                  SENATOR LIZ KRUEGER:    Thank you.

         9                  Thank you, Madam President.  On the

        10       bill.

        11                  ACTING PRESIDENT YOUNG:    Senator

        12       Krueger, on the bill.

        13                  SENATOR LIZ KRUEGER:    Well, of

        14       course we all love the idea of economic

        15       development that creates jobs.  And housing,

        16       as the Senator said.  Although this bill isn't

        17       actually related to housing, this bill is

        18       related to some kind of manufacturing-category

        19       plant, as opposed to housing.  And it does

        20       talk about creating jobs, although it can be

        21       relatively small numbers of jobs.  But I

        22       appreciate that in certain communities small

        23       numbers of jobs are very important.

        24                  Again, my concern with this bill is

        25       imagine you're a local government.  The ESDC



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         1       has gone into a deal with someone.  You have a

         2       maximum of 45 days to have a community

         3       discussion:  Do you want this here?  What are

         4       you giving up in taxes if you accept the

         5       project?

         6                  Because if you accept the project,

         7       there are no taxes owed to you for 40 years,

         8       4-0, except for what's written into this bill

         9       of 3 percent payable at closing of the

        10       financing to the host community.  That's a

        11       one-time 3 percent project cost.  Three

        12       percent of the project costs to be paid to the

        13       school district.  And 3 percent to ESDC.

        14       Well, you understand why they might like it;

        15       they get 3 percent of the project costs.

        16                  But again, with what I would define

        17       in the real world as almost no time for

        18       notice, you're walking into potentially having

        19       this enormous new project in your community

        20       with no time to evaluate what are the pluses

        21       and minuses for you.  What are the advantages

        22       and the disadvantages of this big new project

        23       in your community, in your town, in your

        24       county?  What are the impacts on your

        25       transportation system, on your school system,



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         1       on your environmental costs?

         2                  What does it mean to have just

         3       45 days -- and even in the bill it lays out

         4       they're supposed to put letters around telling

         5       people about the meeting to have a public

         6       hearing -- 45 days, maximum, to make a

         7       determination about whether you're accepting

         8       this project and, if this project is accepted,

         9       you're locked into a 40-year deal where the

        10       project gets to keep the tax revenue for

        11       themselves through the payments in lieu of

        12       taxes?  And you might not have even had time

        13       to do an evaluation for yourself about the

        14       impact in your community.

        15                  So to be honest, this bill scares

        16       me.  I represent a part of the City of

        17       New York.  We're a big city, we're a

        18       sophisticated city with a very large local

        19       government and zoning experts and

        20       environmental experts and community boards.

        21       And I would tell you that a 45-day timeline is

        22       not nearly adequate for us in New York City to

        23       make these kinds of determinations.

        24                  So imagine if I'm a small town in

        25       upstate New York who doesn't have all of these



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         1       staff resources, and suddenly I get notice

         2       that if I don't say "no" within 45 days,

         3       that's it, the deal is going through, this is

         4       coming in.

         5                  So I have a real concern about this

         6       imposing on local communities, sort of forcing

         7       them into economic development projects that

         8       again on the surface might sound great, but

         9       without the time and resources to evaluate

        10       what this impact would be for themselves.

        11                  And so we love having economic

        12       development projects.  We support using bonds

        13       and notes to support the kinds of projects

        14       that are going to create real jobs and be good

        15       partners with our communities.

        16                  I'm not saying that any individual

        17       project that might be considered under this

        18       bill might not be a good project.  Again, I

        19       asked the sponsor; there's no specific project

        20       in mind.  It talks about putting them in

        21       brownfields areas.  We like that.  We want to

        22       do more creation of brownfields resolution.

        23                  But again, I think this is an

        24       attempt by the state to run over local

        25       governments' and local communities' rights to



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         1       make their own determinations about whether

         2       large-scale projects are right for them or not

         3       and what the costs and impacts will be on

         4       their communities.

         5                  And again, having just 45 days

         6       maximum -- 30 days for your school district --

         7       to determine whether you're giving up your tax

         8       base on that area for 40 years doesn't seem

         9       like a really great deal to me.

        10                  So with all due respect, I don't

        11       think this is the kind of legislation most

        12       communities in New York State really want to

        13       see passed, because it locks them out of the

        14       process.  And we want more transparency and

        15       more community participation, not less.

        16                  So I'm recommending a no vote on

        17       this bill.

        18                  Thank you, Madam President.

        19                  ACTING PRESIDENT YOUNG:    Thank

        20       you, Senator Krueger.

        21                  Senator Hassell-Thompson.

        22                  SENATOR HASSELL-THOMPSON:    Thank

        23       you, Madam President.

        24                  Just an additional concern.  When

        25       the federal dollars used to come to the



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         1       states, there was something called the A-95

         2       review.  And what the A-95 review called for

         3       was that at least 90 days would be put in

         4       place to allow all concerned citizens and

         5       organizations and municipalities to be able to

         6       review, comment and respond.

         7                  This also triggered -- if there

         8       were complaints, it stopped the clock in terms

         9       of the time that was necessary.  And also

        10       there was a mechanism put in place when

        11       complaints were registered that those

        12       complaints would be reviewed by the feds.

        13                  I'd like to make a suggestion that

        14       this bill and others like it seem to require,

        15       is that we establish for our IDAs, for our

        16       ESDCs, for our UDCs -- for any of our

        17       acronyms -- that we have something relevant to

        18       the A-95 review that requires a timely

        19       allowance for municipalities to set forth

        20       those complaints and concerns.  And it ought

        21       to also trigger that the state have a

        22       mechanism in place that allows for those

        23       complaints and concerns to be appropriately

        24       reviewed.

        25                  A-95s worked well because they



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         1       allowed community groups to take a look at any

         2       monies that were coming into their communities

         3       to be reviewed and to make their concerns

         4       known.  And it also allowed for sufficient

         5       time for the proper oversight local committees

         6       to register appropriate complaints.

         7                  So I just have a concern that,

         8       number one, 45 days certainly does not seem to

         9       be sufficient.  But every bill that we pass

        10       seems to have their own numbers, and there's

        11       no statewide requirement that we really take a

        12       look at and review and allow our local

        13       communities to have the review process that we

        14       need in place.

        15                  So I will be voting -- you know, I

        16       don't want to stop this progress, but I want

        17       us to continue to review what it is we do and

        18       have some systematic way in which our agencies

        19       will function and that there will be an

        20       oversight review to follow up on complaints

        21       and concerns that are in fact registered by

        22       local communities.

        23                  I hear upstate and downstate

        24       communities talking about this, but nobody

        25       wants to bite the bullet and say we need to



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         1       have a review process that is consistent in

         2       the State of New York.

         3                  Thank you, Madam President.

         4                  ACTING PRESIDENT YOUNG:    Thank

         5       you, Senator Hassell-Thompson.

         6                  Senator Perkins.

         7                  SENATOR PERKINS:    Thank you very

         8       much, Madam President.

         9                  Through you, Madam President, may I

        10       ask the sponsor a question or two.

        11                  ACTING PRESIDENT YOUNG:    Senator

        12       Johnson, will you yield for a question?

        13                  SENATOR OWEN JOHNSON:    Yes, I

        14       will.

        15                  SENATOR PERKINS:    Thank you very

        16       much.

        17                  I obviously appreciate the thrust

        18       of this legislation in terms of what it is

        19       trying to accomplish.  But I have a concern

        20       about how this is going to be funded.

        21                  I understand that Empire State

        22       Development Corporation will be going into the

        23       bond market to raise the money.  Am I correct?

        24                  SENATOR OWEN JOHNSON:    That's

        25       correct.



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         1                  SENATOR PERKINS:    Do you have any

         2       idea of what the limits to the amount of money

         3       that the corporation will be allowed to raise?

         4                  SENATOR OWEN JOHNSON:    Well, what

         5       we're talking about here is a project at least

         6       $20 million.

         7                  SENATOR PERKINS:    At least

         8       $20 million?

         9                  SENATOR OWEN JOHNSON:    Of course,

        10       we're depending upon the PILOT payments to

        11       make the bond payments.  So you understand it

        12       has to be something that will be handled with

        13       the amount of PILOTs that are available.

        14                  SENATOR PERKINS:    Could you

        15       repeat what you -- I didn't hear.

        16                  ACTING PRESIDENT YOUNG:    Thank

        17       you, Senator Johnson.

        18                  Senator Perkins.

        19                  SENATOR PERKINS:    I couldn't hear

        20       his explanation, so I just asked him if he

        21       could repeat it maybe a little louder.

        22                  SENATOR OWEN JOHNSON:    I have to

        23       talk into the machine, not you.  Okay?

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Johnson.



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         1                  SENATOR OWEN JOHNSON:    The answer

         2       is whatever amount of bonds we float have to

         3       be handled by the PILOT payments which are

         4       available.

         5                  SENATOR PERKINS:    So in effect --

         6       Madam President, may I continue to ask a

         7       question.

         8                  ACTING PRESIDENT YOUNG:    Senator

         9       Johnson, do you yield?

        10                  SENATOR OWEN JOHNSON:    Yes.

        11                  ACTING PRESIDENT YOUNG:    Senator

        12       Johnson yields, Senator Perkins.

        13                  SENATOR PERKINS:    Thank you so

        14       much.

        15                  I'm concerned about the possibility

        16       of an unlimited amount of debt that will be

        17       incurred.  Presumably not state debt, as the

        18       legislation suggests, but nevertheless debt

        19       that is not able to be checked.

        20                  ACTING PRESIDENT YOUNG:    Thank

        21       you, Senator Perkins.

        22                  Senator Johnson.

        23                  SENATOR OWEN JOHNSON:    I don't

        24       think there will be an unlimited amount of

        25       money for anything.



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         1                  But I'll tell you something about

         2       this project.  This is same procedure which is

         3       used to build -- and I don't want to shock

         4       anybody from New York City, but the Mets and

         5       Yankees stadiums used exactly the same

         6       procedure to finance their project.  Just as a

         7       starter.

         8                  And, number two, there are a lot of

         9       areas in this state which have degraded

        10       housing, absent -- empty commercial buildings

        11       and so on.  And this is designed to help to

        12       build up those areas or restore those areas

        13       which need restoration desperately.

        14                  And I might say, someone mentioned

        15       about 50 factory jobs.  You could have up to

        16       200, 300 jobs in finance or insurance and so

        17       on.

        18                  So I think this is a really good

        19       idea to create jobs and restore communities,

        20       and you don't have to worry about the payment

        21       because it's going to be covered by the

        22       PILOTs.

        23                  ACTING PRESIDENT YOUNG:    Thank

        24       you, Senator Johnson.

        25                  Senator Perkins.



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         1                  SENATOR PERKINS:    Through you,

         2       will the sponsor yield again for another

         3       question.

         4                  ACTING PRESIDENT YOUNG:    Senator

         5       Johnson, will you yield?

         6                  SENATOR OWEN JOHNSON:    Yes.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Johnson.

         9                  Senator Perkins.

        10                  SENATOR PERKINS:    Again, I don't

        11       think I have any debate with you with regard

        12       to how commendable the objectives are and how

        13       much of a need there may be for some way to

        14       address those economic development needs,

        15       whether they be upstate or any other part of

        16       the state.

        17                  My concern is that this process of

        18       going to the bond without necessarily making

        19       it accountable to -- as part of the state debt

        20       seems to be a gimmick that puts us in debt

        21       without necessarily recognizing that we're

        22       actually incurring debt, because we're using

        23       the mechanism of the Empire State Development

        24       Corporation.

        25                  ACTING PRESIDENT YOUNG:    Senator



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         1       Johnson.

         2                  SENATOR OWEN JOHNSON:    This is

         3       not part of a state debt.  This is a debt

         4       incurred by the developer, really, and he's

         5       going to be paying it off through the years.

         6                  SENATOR PERKINS:    Through you,

         7       Madam President, will the sponsor yield for

         8       one more question.

         9                  ACTING PRESIDENT YOUNG:    Thank

        10       you, Senator Perkins.

        11                  Senator Johnson, will you yield for

        12       one more question?

        13                  SENATOR OWEN JOHNSON:    Will you

        14       repeat the question, please?

        15                  SENATOR PERKINS:    My question is,

        16       the projects, when they are going through

        17       PILOTs, pay off the debt.

        18                  SENATOR OWEN JOHNSON:    Right.

        19                  SENATOR PERKINS:    What happens

        20       when the projects fail?

        21                  SENATOR OWEN JOHNSON:    When it

        22       fails?

        23                  SENATOR PERKINS:    When the

        24       projects fail, how does the debt get paid?

        25                  SENATOR OWEN JOHNSON:    Well, it's



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         1       not state debt, it's UDC debt.  And in fact

         2       the debt is probably backed up by the

         3       contractor, who's got his own financing,

         4       ultimately, to finish the job.

         5                  SENATOR PERKINS:    What did he

         6       say?  I can't hear him.

         7                  ACTING PRESIDENT YOUNG:    Senator

         8       Johnson, if you could speak into the

         9       microphone.

        10                  SENATOR OWEN JOHNSON:    You

        11       know -- yeah, I have to do that -- there was a

        12       song, years ago, like this [singing]:

        13       "Accentuate the positive, eliminate the

        14       negative."  And all the other stuff.

        15                  That's what we have to do.  You're

        16       concentrating on the negative when you should

        17       be looking at the positive, affirmative,

        18       beneficial results of this project.

        19                  And it's not -- the state is not

        20       going into debt.  It's a very clever way to

        21       finance this and get more jobs and more

        22       things.  And maybe we can get more companies

        23       in this state.  We desperately need more jobs,

        24       especially upstate, and this will do it.

        25                  Now, did anybody worry about



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         1       financing for the Mets and the Yankees?  Did

         2       they say "That's a terrible thing," the city,

         3       "don't do that, don't do that?"  They didn't

         4       say that.  They went ahead and did the

         5       projects.  And we've got to go ahead and make

         6       this a success.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Johnson.

         9                  Senator Perkins.

        10                  SENATOR PERKINS:    On the bill.

        11                  ACTING PRESIDENT YOUNG:    Senator

        12       Perkins, on the bill.

        13                  SENATOR PERKINS:    I appreciate

        14       that you sang to me today, but it doesn't

        15       convince me that this is the most accountable,

        16       responsible way for us to do that which we all

        17       think is very important to do in terms of

        18       economic development.

        19                  It seems to me that we've had a

        20       history of gimmickry in financing projects

        21       through this process, relying on some moral

        22       obligation that this debt will be backed, or

        23       relying on PILOTs even though we've had

        24       instances in which projects have failed.

        25                  Now with respect with respect to



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         1       the stadiums that you spoke of, those are not

         2       the best examples for those of us from

         3       New York, especially since they have failed

         4       and have had to be re -- continually come back

         5       for more and more money.

         6                  So I would hope that the positive

         7       that you intend on experiencing with these

         8       projects does not repeat what has happened

         9       with the Yankees and the Mets.  Because if

        10       that is going to be the models that you're

        11       using, then we're in trouble.  And we'll be

        12       singing the blues next time that we get

        13       together.

        14                  So I again want to underscore my

        15       support of the vision that you have in mind,

        16       but I'm not quite sure that this approach is

        17       the approach that is as transparent and as

        18       accountable as we would need to assure the

        19       public.

        20                  So I'm going to not be able to

        21       support this legislation, because I think that

        22       we can do better.  And I would like to see us

        23       move in a way that is more transparent, is

        24       more accountable, and that can therefore

        25       better service the people of the state in



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         1       terms of its economic development needs.

         2                  Thank you.

         3                  ACTING PRESIDENT YOUNG:    Thank

         4       you, Senator Perkins.

         5                  Any other Senator wishing to be

         6       heard?

         7                  Senator Montgomery.

         8                  SENATOR MONTGOMERY:    Yes, Madam

         9       President.  I would just like to ask the

        10       sponsor a question for clarification on this,

        11       on this bill.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Johnson, do you yield?

        14                  SENATOR OWEN JOHNSON:    Yes, Madam

        15       President.

        16                  ACTING PRESIDENT YOUNG:    The

        17       Senator yields.

        18                  SENATOR MONTGOMERY:    Thank you.

        19       Through you, Madam President.

        20                  I note that this legislation

        21       provides for UDC to be the lead agency.  And

        22       UDC, as lead agency, then controls all of the

        23       decision-making as it relates to these

        24       megaprojects, I'm assuming.  Is that correct?

        25                  SENATOR OWEN JOHNSON:    Yes,



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         1       that's true.

         2                  SENATOR MONTGOMERY:    Okay.  So,

         3       Madam President, if the sponsor would continue

         4       to yield for another question.

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Johnson, do you yield?

         7                  SENATOR OWEN JOHNSON:    Yes.

         8                  ACTING PRESIDENT YOUNG:    The

         9       Senator yields, Senator Montgomery.

        10                  SENATOR MONTGOMERY:    Thank you.

        11       Through you, Madam President.

        12                  Now, we just passed a bill which

        13       would put into law for the State of New York a

        14       set of smart growth principles.  And assuming

        15       that the Governor will sign this

        16       legislation -- it's Senator Marcellino's bill

        17       that we did today -- that would establish that

        18       no project under UDC or any of the other

        19       agencies that would be similarly providing

        20       financing for these megaprojects would be

        21       allowed to go forward except under these

        22       principles.

        23                  So my question to you is, how do we

        24       reconcile this, which seems to be me to be --

        25       just looking at this bill, which provides that



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         1       UDC takes the lead, and they have very

         2       different procedures than localities.  Yet

         3       Senator Marcellino's bill requires that

         4       localities are involved and that there are

         5       certain principles that every development must

         6       adhere to.

         7                  How would we reconcile that

         8       vis-a-vis your legislation, which does not

         9       take into consideration these principles?  UDC

        10       does not take into consideration any

        11       principles of the local involvement.

        12                  SENATOR OWEN JOHNSON:    Is that a

        13       question?

        14                  SENATOR MONTGOMERY:    I want to

        15       know how would you reconcile this.  Because

        16       your bill provides that UDC takes the lead.

        17       As lead agency, we operate under their

        18       guidelines.  They have not yet adopted these

        19       principles.  And how would we reconcile that

        20       difference?

        21                  ACTING PRESIDENT YOUNG:    Senator

        22       Johnson.

        23                  SENATOR OWEN JOHNSON:    Yes.

        24       Senator, "smart growth" is a catchy phrase.

        25       I've heard it many times.  And what they like



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         1       to do is jam everybody into small areas so

         2       they don't have to use cars, they can ride

         3       buses or trains.  But some areas of our state

         4       don't have buses and trains, but they're areas

         5       which need to be redeveloped.

         6                  And certainly you can't just say

         7       "if you can't do by smart growth principles,

         8       you can't do it."  That's not a law anyhow;

         9       that's a proposed law.

        10                  And so I'd say that the people

        11       developing there certainly know that people

        12       have to have access to the place and have

        13       access for employees to come to work.  It's

        14       got to be in an area where essentially smart

        15       growth exists without anybody telling them it

        16       exists.

        17                  So I think there's no problem with

        18       this, really.

        19                  ACTING PRESIDENT YOUNG:    Thank

        20       you, Senator Johnson.

        21                  Senator Montgomery.

        22                  SENATOR MONTGOMERY:    Thank you,

        23       Senator.

        24                  Madam President, on the bill.

        25                  ACTING PRESIDENT YOUNG:    Senator



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         1       Montgomery, on the bill.

         2                  SENATOR MONTGOMERY:    Yes, I want

         3       to correct Senator Johnson on one thing that

         4       he said, and that is that smart growth is only

         5       a concept, it's a proposal.

         6                  But what we have in front of us is

         7       a bill that we just passed, and I think we

         8       voted unanimously to adopt these smart

         9       principles.  And it is my understanding that

        10       the bill has already passed the Assembly.

        11                  So if that is the case, then we

        12       have in place for the State of New York, for

        13       these developments, any development -- it

        14       doesn't say that some developments in some

        15       regions, some areas, not in the urban centers,

        16       not in the suburban centers.  It says that

        17       New York State now has a set of smart growth

        18       principles.

        19                  Which include, include that there

        20       are certain principles in every development

        21       that must be considered.  And some of those

        22       are, i.e., whether or not this development

        23       meets local criteria for what communities view

        24       as important issues to them.  It is in the

        25       law.  It's very specific.  And it doesn't



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         1       exclude anyone.

         2                  So if we are saying now that UDC

         3       will take the lead -- and UDC, my experience

         4       has been, on one hand, they can be very

         5       positive.  On the other hand, if UDC decides

         6       that it will not abide by local laws and

         7       zoning codes and considerations of local

         8       communities, but rather it supports the

         9       development as presented by the developer no

        10       matter what impact it's going to have on the

        11       future of that community, then we clearly have

        12       a problem.

        13                  And so I'm going to vote no on

        14       this, because it's not clear to me that

        15       Senator Marcellino's legislation, the smart

        16       growth principles -- which I certainly

        17       support.  I think that we should have this

        18       bill, this law should be in place for our

        19       communities across this state.  And I'm not

        20       convinced that UDC considers itself under this

        21       regulation.

        22                  I want to see it as part of this

        23       bill if it's going to pass at all.  And

        24       certainly if UDC does not decide to adopt the

        25       principles of smart growth as it relates to



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         1       any development that would come under this

         2       law, then we are in trouble.

         3                  So, Madam President, I'm going to

         4       oppose this legislation because I have seen

         5       personally, firsthand, the destructive aspect

         6       of when ESDC, which operates over UDC, does

         7       not adhere to local considerations in

         8       megadevelopments.  And so we have essentially,

         9       in the case that I'm familiar with, where ESDC

        10       is clearly siding with the developer against

        11       the community that the development is proposed

        12       to be in.

        13                  So, Madam President, I vote no.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator Montgomery.

        16                  Any other Senator wishing to be

        17       heard?

        18                  Senator Johnson, on the bill.

        19                  SENATOR OWEN JOHNSON:    I just

        20       want to clarify something.

        21                  The local government has much to

        22       say about what is built where in their

        23       community.  You know that; right?  The local

        24       governments have planning boards, zoning

        25       boards, they have a lot to say about where and



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         1       when you can build something.  You know that,

         2       Senator?

         3                  SENATOR MONTGOMERY:    Madam

         4       President, am I asked to yield?

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Johnson, are you asking Senator Montgomery to

         7       yield?

         8                  SENATOR OWEN JOHNSON:    Yes, I'd

         9       just like to ask her a question.

        10                  ACTING PRESIDENT YOUNG:    Senator

        11       Montgomery, do you yield?

        12                  SENATOR MONTGOMERY:    Yes.

        13                  SENATOR OWEN JOHNSON:    I said the

        14       local government has a lot of say about what

        15       is built where in their community, and that

        16       planning boards and zoning boards exist.  And

        17       I didn't know if you were aware of that.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Montgomery.

        20                  SENATOR MONTGOMERY:    Yes, Madam

        21       President.

        22                  My answer is very, very simply,

        23       clearly, in the case that I referred to for a

        24       development in my district where UDC is the

        25       lead agency governing all aspects of the



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         1       development, none of the local zoning laws or

         2       the local government has had anything to say

         3       about what happens with that development.

         4                  Unlike when there is a development

         5       where local laws govern what happens.  There

         6       are procedures that that development goes

         7       through in terms of public approval that does

         8       not happen under the -- when UDC takes the

         9       lead.  Or it may or may not happen.  Sometimes

        10       it does, but in this case it doesn't.

        11                  And that's why I'm objecting to

        12       this program.

        13                  ACTING PRESIDENT YOUNG:    Senator

        14       Johnson.

        15                  SENATOR OWEN JOHNSON:    I don't

        16       want to make any further comments.  I think we

        17       have to end this discussion.  But privately,

        18       I'm going to talk with some of the members who

        19       don't understand how it's going to work.  But

        20       let me terminate my discussion right now.

        21                  ACTING PRESIDENT YOUNG:    Thank

        22       you, Senator Johnson.

        23                  Any other Senator wishing to be

        24       heard?

        25                  Then the debate is closed.  The



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         1       Secretary will ring the bell.

         2                  Read the 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                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 2084 are

        10       Senators Adams, Connor, Dilan, Gonzalez,

        11       Hassell-Thompson, Huntley, L. Krueger,

        12       Montgomery, Parker, Perkins, Sabini, Sampson,

        13       Schneiderman, DeFrancisco, Saland.

        14                  Ayes, 47.  Nays, 15.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  Senator Perkins, why do you rise?

        18                  SENATOR PERKINS:    I'd like to

        19       explain my vote.

        20                  ACTING PRESIDENT YOUNG:    Senator

        21       Perkins, the roll call is withdrawn.  Without

        22       objection, you may explain your vote.

        23                  SENATOR PERKINS:    Thank you so

        24       much for your cooperation.

        25                  I just want to reiterate my



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         1       concerns about this type of legislation that

         2       seems to perpetuate a practice of increasing

         3       state debt without trying to recognize it.

         4                  You know, we have debt that's on

         5       the books and then we have debt that's off the

         6       books.  And then we hear from the public about

         7       the fact that we're not being transparent and

         8       that this off-the-books debt is not being

         9       accountable.

        10                  So I'm not suggesting any back-room

        11       deals or anything that seedy per se, but I do

        12       think that we can do this better.

        13                  And I do think that when we use

        14       these approaches to do very commendable and

        15       laudable economic development, especially in

        16       the upstate area -- because, you know, we are

        17       all for one New York.  Be that as it may, we

        18       need to do it right.

        19                  And the way that we're doing it

        20       with legislation like this, going into the

        21       bond market, using PILOTs without necessarily

        22       recognizing any state responsibility, is not

        23       right.

        24                  This is real debt that we as a

        25       body, as a Legislature, have to recognize and



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         1       cannot continually just call it debt that is

         2       not accountable in terms of the state.  So I

         3       just wanted to reemphasize that I'm against

         4       this for that reason.

         5                  ACTING PRESIDENT YOUNG:    Thank

         6       you, Senator Perkins.  You will be recorded in

         7       the negative.

         8                  Announce the results.

         9                  THE SECRETARY:    Ayes, 47.  Nays,

        10       15.

        11                  ACTING PRESIDENT YOUNG:    The bill

        12       is passed.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       2098, by the Senate Committee on Rules, Senate

        16       Print 8680, an act to amend the Urban

        17       Development Corporation Act.

        18                  SENATOR LIZ KRUEGER:

        19       Explanation.

        20                  ACTING PRESIDENT YOUNG:    Senator

        21       Johnson, an explanation has been requested.

        22                  SENATOR OWEN JOHNSON:    This is

        23       the Empire Revolving Loan Fund.  It provides

        24       short-term financing to qualified significant

        25       economic development projects in the state.



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         1                  It's a bridge loan.  It could be up

         2       to six years.  This is to get a developer

         3       started, extending money on a revolving bridge

         4       loan.  The bridge loan will have to be paid

         5       off eventually with bonds which the developer

         6       floats at his own expense, which he makes the

         7       payments on.

         8                  And I think it's just helping a

         9       project along to get started.  But it's not

        10       permanent financing.  Again, it will be

        11       financed privately by the developer.

        12                  ACTING PRESIDENT YOUNG:    Thank

        13       you, Senator Johnson.

        14                  Senator Krueger.

        15                  SENATOR LIZ KRUEGER:    Thank you,

        16       Madam President.  If the sponsor would please

        17       yield.

        18                  ACTING PRESIDENT YOUNG:    Senator

        19       Johnson, will you yield?

        20                  SENATOR OWEN JOHNSON:    Yes,

        21       Madam President.

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Krueger, Senator Johnson yields.

        24                  SENATOR LIZ KRUEGER:    Thank you.

        25                  Senator, this bill seems to relate



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         1       to the last bill we had, in that the

         2       description of the projects who would be

         3       eligible seems to be approximately identical.

         4                  Is this bill intended to be a

         5       partner bill with the last bill, that you

         6       would get the approval with the PILOTs and

         7       then you would come to the state for a

         8       revolving bridge loan?

         9                  SENATOR OWEN JOHNSON:    This has

        10       nothing to do with PILOTs, though.

        11                  ACTING PRESIDENT YOUNG:    Senator

        12       Krueger.

        13                  SENATOR LIZ KRUEGER:    Madam

        14       President, if I could clarify my question.

        15                  Is this intended to be a new UDC

        16       program that would be a partnership with your

        17       last UDC bill?

        18                  SENATOR OWEN JOHNSON:    Yes, it

        19       would.  Yes, Senator, you're right.

        20                  SENATOR LIZ KRUEGER:    Thank you.

        21                  Madam President, if, through you,

        22       the sponsor would continue to yield.

        23                  ACTING PRESIDENT YOUNG:    Senator

        24       Johnson, will you yield?

        25                  SENATOR OWEN JOHNSON:    Yes.



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         1                  ACTING PRESIDENT YOUNG:    The

         2       Senator yields.

         3                  SENATOR LIZ KRUEGER:    Thank you.

         4                  So in this bill it requires the UDC

         5       or the ESDC to approve or disapprove an

         6       eligible project no later than 30 days from

         7       when the sponsor has applied and handed over a

         8       thousand dollars.

         9                  What happens if they can't approve

        10       or disapprove within 30 days?

        11                  SENATOR OWEN JOHNSON:    I guess it

        12       doesn't go ahead.  I don't know; you tell me.

        13                  SENATOR LIZ KRUEGER:    Madam

        14       President, if the sponsor would continue to

        15       yield.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Johnson, do you yield?

        18                  SENATOR OWEN JOHNSON:    Yes.

        19                  ACTING PRESIDENT YOUNG:    The

        20       Senator yields.

        21                  SENATOR LIZ KRUEGER:    Thank you.

        22                  I read the bill carefully, and I

        23       can't find any reference to how large these

        24       loans might be expected to be.  Is there any

        25       estimated size, either the smallest-size loan



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         1       or the largest-size loan?

         2                  SENATOR OWEN JOHNSON:    You know,

         3       the Empire State Development Corporation does

         4       large loans and smaller loans and so on.

         5       Maybe it would be several loans in a district.

         6       I can't tell you the exact numbers.

         7                  But this is not government debt,

         8       remember that.  This is just a bridge loan,

         9       and the eventual bonds will be floated by the

        10       developer or the contractor, whatever.

        11                  SENATOR LIZ KRUEGER:    Madam

        12       President, if the sponsor would continue to

        13       yield.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Johnson, do you yield?

        16                  SENATOR OWEN JOHNSON:    Yes.

        17                  ACTING PRESIDENT YOUNG:    The

        18       Senator yields.

        19                  SENATOR LIZ KRUEGER:    Thank you.

        20                  So my previous question was that

        21       there's no dollar amount of how large these

        22       loans might be and therefore how much bonding

        23       we'd be asking UDC to do.

        24                  I also can't find in the bill a

        25       reference to how long this loan would be for.



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         1       Usually the term "bridge loan" is a short-term

         2       loan to bridge a gap in other financing.

         3                  I can find in the bill you could

         4       have three one-year extensions of the loan,

         5       but I can't find an original length of the

         6       loan requirement in the bill.

         7                  SENATOR OWEN JOHNSON:    The

         8       maximum period is three years.  But it's

         9       annual.  It can be renewed annually for a

        10       couple of years.

        11                  SENATOR LIZ KRUEGER:    Madam

        12       President, through you, if the sponsor would

        13       continue to yield.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Johnson, do you yield?

        16                  SENATOR OWEN JOHNSON:    Yes,

        17       Madam President.

        18                  ACTING PRESIDENT YOUNG:    The

        19       Senator yields.

        20                  SENATOR LIZ KRUEGER:    Thank you.

        21                  I'm not sure I heard the answer,

        22       but let me just repeat.  In the bill, actually

        23       on page 4, line 45, it has a reference --

        24       starting on line 45, paragraph B of Section 7,

        25       it talks about allowing three one-year



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         1       sentences.  But I don't see anything in the

         2       bill showing me the length of the original

         3       bridge loan that you could then have three

         4       one-year extensions on.

         5                  So again, my question is, how long

         6       can the original loan be for prior to asking

         7       for extensions?

         8                  SENATOR OWEN JOHNSON:    On page

         9       41, Senator, it says three years.  The term of

        10       any loan should not exceed three years.

        11                  SENATOR LIZ KRUEGER:    Okay.

        12       Thank you.

        13                  On the bill, Madam President.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Krueger, on the bill.

        16                  SENATOR LIZ KRUEGER:    Thank you.

        17                  I want to thank the sponsor for his

        18       answers.  And I have to think of a new song

        19       for us to sing about accentuating the

        20       positive.

        21                  Again, to start where my colleague

        22       Senator Perkins left off on the last bill, it

        23       is real money.  It is the state taking on this

        24       debt through additional bonds that if, in

        25       fact, the sponsor failed to be able to repay



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         1       the loan, we would have to, as the State of

         2       New York, through ESDC somehow.

         3                  And I am also concerned, as Senator

         4       Perkins was raising before, about the amount

         5       of off-the-books debt we continue to build up.

         6                  I'm also -- again, on the last

         7       connected bill, I was concerned about the

         8       locality had so little time to make an

         9       evaluation for themselves.  On this bill I'm

        10       concerned the ESDC has so little time to make

        11       a determination.

        12                  Again, as the sponsor answered,

        13       these could be enormously large loan requests,

        14       for small ones, on simple proposals or on

        15       enormously complex proposals.  But under this

        16       bill, the only fee paid to the ESDC/UDC is a

        17       thousand dollars, and they're opposed to make

        18       a determination within 30 days.  I have not

        19       seen the UDC/ESDC make too many decisions

        20       about economic development projects within a

        21       30-day period.

        22                  And while we might be frustrated

        23       that sometimes everything in government takes

        24       too long, I'm very concerned we're limiting

        25       them to 30 days to do full evaluation and



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         1       good-faith investigation to which whether this

         2       is a specific project we should be bonding out

         3       money and giving loans for.

         4                  I'm also very concerned that it

         5       ties into these hypothetical projects and we

         6       don't know what they are.  But if you look at

         7       the bill we just dealt with -- and I voted

         8       against -- S8526B, there's reference in that

         9       bill language connecting it to this bill.  In

        10       the final, actually, section of that bill and

        11       the final section of this bill, 8680.  These

        12       clearly are intended to work together.  They

        13       are legislated as being part of the same

        14       chapter and reference each other.

        15                  All the reasons I gave before about

        16       the prior bill not passing a smell test, I'm

        17       sorry, I also don't think we've thought this

        18       one through well enough.

        19                  I certainly understand the need for

        20       bridge loans in some circumstances for

        21       economic development.  My understanding is we

        22       have some of these programs in place already,

        23       and this might be duplicative of other ESDC

        24       options.

        25                  But again, in theory, no specific



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         1       project, and yet these two bills play

         2       together.  And yet there are so many specifics

         3       in it, it does seem that somebody must have a

         4       specific project in mind, even though I'm not

         5       privy to that information.

         6                  I'm very hesitant for us to

         7       continue to walk down the road of making

         8       global decisions for localities on, quote,

         9       unquote, projects we don't talk about, under

        10       shorter and shorter timelines.  If you were

        11       concerned about the first bill, as so many of

        12       my colleagues were, I would recommend being

        13       equally concerned about this parallel and

        14       interrelated bill.

        15                  So I'm sorry, I will have to urge

        16       my colleagues again, vote no on this

        17       legislation.

        18                  Thank you.

        19                  ACTING PRESIDENT YOUNG:    Thank

        20       you, Senator Krueger.

        21                  Any other Senator wishing to be

        22       heard?

        23                  Senator Perkins.

        24                  SENATOR PERKINS:    Thank you,

        25       Madam President.



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         1                  Through you, will the sponsor yield

         2       for a question.

         3                  ACTING PRESIDENT YOUNG:    Senator

         4       Johnson, will you yield?

         5                  SENATOR OWEN JOHNSON:    Yes,

         6       Madam President.

         7                  ACTING PRESIDENT YOUNG:    Thank

         8       you, Senator Johnson.

         9                  Senator Perkins.

        10                  SENATOR PERKINS:    Thank you so

        11       much.  I just want to ask a few quick

        12       questions.

        13                  How is this funded?  Senator, how

        14       is this funded?

        15                  SENATOR OWEN JOHNSON:    This is

        16       going to be financed through UDC, but the

        17       company, of course, is responsible for the

        18       debt.

        19                  SENATOR PERKINS:    So through you,

        20       Madam President, would the sponsor yield for a

        21       question of clarification.

        22                  ACTING PRESIDENT YOUNG:    Senator

        23       Johnson --

        24                  SENATOR OWEN JOHNSON:    Yes,

        25       Madam President.



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         1                  ACTING PRESIDENT YOUNG:    Okay,

         2       thank you.

         3                  SENATOR PERKINS:    So this will be

         4       funded through bonds?  Is it expressed as

         5       that?  Because I don't see that in the

         6       legislation.

         7                  SENATOR OWEN JOHNSON:    Yes,

         8       through bonds.  But again, this is temporary

         9       financing.  You understand that; right?

        10                  SENATOR PERKINS:    Again, through

        11       you, Madam President.

        12                  ACTING PRESIDENT YOUNG:    Senator

        13       Johnson, do you yield?

        14                  SENATOR OWEN JOHNSON:    Yes, Madam

        15       President.

        16                  ACTING PRESIDENT YOUNG:    Senator

        17       Johnson yields.

        18                  SENATOR PERKINS:    So how much

        19       bond money are we going to be seeking?

        20                  SENATOR OWEN JOHNSON:    Whatever

        21       is justifiable will be advanced, and no more

        22       than that.

        23                  SENATOR PERKINS:    I'm sorry?

        24                  SENATOR OWEN JOHNSON:    The amount

        25       of bonds will be issued depending upon the



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         1       amount requested as temporary financing.

         2                  SENATOR PERKINS:    Again, through

         3       you, Madam President, may I ask another

         4       question?

         5                  ACTING PRESIDENT YOUNG:    Senator

         6       Johnson, do you yield?

         7                  SENATOR OWEN JOHNSON:    Yes,

         8       Madam President.

         9                  ACTING PRESIDENT YOUNG:    The

        10       Senator yields.

        11                  SENATOR PERKINS:    So do we have

        12       an idea of the projects, the number of

        13       projects, the minimum amount per project that

        14       will be a part of this bill?

        15                  SENATOR OWEN JOHNSON:    As Senator

        16       Krueger said, this is related to the other

        17       bill.  Each project is supposed to be at least

        18       $20 million.  It's supposed to be something

        19       good in the community.

        20                  SENATOR PERKINS:    Through you,

        21       may I continue to get some clarification?

        22                  ACTING PRESIDENT YOUNG:    Senator,

        23       do you yield?

        24                  SENATOR OWEN JOHNSON:    Yes,

        25       Madam President.



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         1                  ACTING PRESIDENT YOUNG:    The

         2       Senator yields.

         3                  SENATOR PERKINS:    Now, you're

         4       suggesting that this bill -- the answer to the

         5       questions in this bill are in the other bill,

         6       not in this bill?

         7                  SENATOR OWEN JOHNSON:    Not

         8       exactly.  But they are related in terms of --

         9       the other one was a permanent loan.  This is

        10       really temporary financing which ultimately

        11       will be paid by the developer.

        12                  SENATOR PERKINS:    Thank you.

        13                  On the bill.

        14                  ACTING PRESIDENT YOUNG:    Senator

        15       Perkins, on the bill.

        16                  SENATOR PERKINS:    I'm going to be

        17       brief, because the concerns I have already

        18       discussed with regard to the other bill are

        19       even more emphasized with respect to this

        20       bill.  Because this bill seems to reference

        21       answers to another bill, and it doesn't quite

        22       even make reference to the other bill for the

        23       answers to the questions that jump out of this

        24       bill.

        25                  So again, you know, this -- the



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         1       goal and objective of these bills is so

         2       important and is so commendable as it relates

         3       to the economic development and well-being of

         4       the state that I'm sorry that these bills fall

         5       so far short of the wonderful goals and

         6       objectives that are trying to be achieved.

         7       Because they're just not answering the

         8       appropriate questions that we have to take

         9       back to our communities and that the state is

        10       asking when we get involved in these types of

        11       projects.

        12                  So again, I'm going to have to not

        13       vote for this bill.

        14                  ACTING PRESIDENT YOUNG:    Thank

        15       you, Senator Perkins.

        16                  Any other Senator wishing to be

        17       heard?

        18                  Then the debate is closed.  The

        19       Secretary will ring the bell.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  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:    Senator

         2       Schneiderman, to explain his vote.

         3                  SENATOR SCHNEIDERMAN:    Thank you,

         4       Madam President.

         5                  Sometimes we criticize bills

         6       because they're not carefully enough drafted.

         7       Sometimes bills appear, if I may, to be too

         8       carefully drafted.

         9                  We talked earlier today about the

        10       need to treat like businesses alike and like

        11       transactions alike.  To the extent that this

        12       bill and the bill that we debated before it

        13       appear to be tailored to a particular deal or

        14       a particular business, we are committing the

        15       most serious cardinal form of the sin of

        16       treating like transactions unlike.

        17                  And I would urge my colleagues to

        18       think very carefully about the effect of these

        19       three bills and whether or not we are sending

        20       a message that certain businesses are eligible

        21       for benefits from the state government that

        22       others are not eligible for.

        23                  I vote no, Madam President.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Schneiderman.



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         1                  Excuse me.  Could we have some

         2       order in the chamber, please.  Thank you.

         3                  Senator Schneiderman, you will be

         4       recorded in the negative.

         5                  THE SECRETARY:    Those recorded in

         6       the negative on Calendar Number 2098 are

         7       Senators Connor, DeFrancisco, Dilan, Gonzalez,

         8       Hassell-Thompson, Huntley, L. Krueger,

         9       Montgomery, Onorato, Parker, Perkins, Robach,

        10       Sabini, Saland and Schneiderman.

        11                  Ayes, 47.  Nays, 15.

        12                  ACTING PRESIDENT YOUNG:    The bill

        13       is passed.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       2100, by the Senate Committee on Rules, Senate

        17       Print --

        18                  SENATOR ROBACH:    Lay it aside for

        19       the day, please.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is laid aside for the day.

        22                  That concludes the reading of the

        23       active list, Senator Robach.

        24                  SENATOR ROBACH:    Yes,

        25       Madam President.  Could we now take up the



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         1       supplemental active list, please.

         2                  ACTING PRESIDENT YOUNG:    Thank

         3       you, Senator Robach.

         4                  The Secretary will read.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 739, Senator Leibell moves to

         7       discharge, from the Committee on Rules,

         8       Assembly Bill Number 10680B and substitute it

         9       for the identical Senate Bill Number 3643B,

        10       Third Reading Calendar 739.

        11                  ACTING PRESIDENT YOUNG:

        12       Substitution ordered.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       739, by Member of the Assembly Destito,

        16       Assembly Print Number 10680B, an act to amend

        17       the Executive 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                  THE SECRETARY:    Ayes, 62.



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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  The Secretary will read.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1927, Senator Trunzo moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 10386A and substitute it

         8       for the identical Senate Bill Number 7217A,

         9       Third Reading Calendar 1927.

        10                  ACTING PRESIDENT YOUNG:

        11       Substitution ordered.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       1927, by Member of the Assembly Fitzpatrick,

        15       Assembly Print Number 10386A, an act

        16       authorizing the Town of Islip.

        17                  ACTING PRESIDENT YOUNG:    There is

        18       a home-rule message at the desk.

        19                  Read the 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                  THE SECRETARY:    Ayes, 62.



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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  That completes the reading of the

         4       supplemental calendar, Senator Robach.

         5                  SENATOR ROBACH:    Yes,

         6       Madam President.

         7                  There will be an immediate meeting

         8       of the Rules Committee in the Majority

         9       Conference Room, and the Senate will

        10       temporarily stand at ease.

        11                  ACTING PRESIDENT YOUNG:    There is

        12       an immediate meeting of the Rules Committee in

        13       the Majority Conference Room.

        14                  The Senate stands at ease.

        15                  (Whereupon, the Senate stood at

        16       ease at 2:15 p.m.)

        17                  ACTING PRESIDENT SEWARD:    Senator

        18       Klein.

        19                  SENATOR KLEIN:    Thank you,

        20       Mr. President.

        21                  I'd like to announce a brief

        22       Democratic conference in the Senate Democratic

        23       Conference Room, immediately.

        24                  ACTING PRESIDENT SEWARD:    There

        25       will be an immediate brief Minority conference



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         1       in the Minority Conference Room.

         2                  And the Senate continues to stand

         3       at ease.

         4                  (Whereupon, the Senate reconvened

         5       at 3:10 p.m.)

         6                  ACTING PRESIDENT GRIFFO:    The

         7       Senate will please come to order.

         8                  Senator Little.

         9                  SENATOR LITTLE:    Thank you,

        10       Mr. President.

        11                  May we take up the noncontroversial

        12       reading of Supplemental Calendar Number 64B.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       Secretary will read Supplemental Calendar 64B,

        15       noncontroversial.

        16                  SENATOR LITTLE:    I'm sorry,

        17       Mr. President, but we need to return to

        18       reports of standing committees first.

        19                  ACTING PRESIDENT GRIFFO:    We will

        20       now return to reports of standing committees

        21       for a report of the Rules Committee.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Senator Bruno,

        24       from the Committee on Rules, reports the

        25       following bills:



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         1                  Senate Print 2495, by Senator

         2       Sampson, an act to amend the Penal Law;

         3                  3143B, by Senator Golden, an act to

         4       amend the Insurance Law;

         5                  6026C, by Senator Golden, an act to

         6       amend the Education Law;

         7                  7152A, by Senator Golden, an act to

         8       amend the Real Property Tax Law;

         9                  8298A, by Senator Hannon, an act to

        10       amend the Public Health Law and others;

        11                  8354B, by Senator Seward, an act to

        12       amend the Insurance Law;

        13                  8624, by Senator Seward, an act to

        14       amend the Insurance Law;

        15                  8625, by Senator Diaz, an act

        16       relating to increasing availability;

        17                  8630, by Senator LaValle, an act to

        18       amend the Real Property Law;

        19                  8631, by the Senate Committee on

        20       Rules, an act to amend the Civil Practice Law

        21       and Rules;

        22                  8641, by Senator Saland, an act to

        23       amend the Public Health Law;

        24                  8673, by Senator Fuschillo, an act

        25       to amend the Education Law;



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         1                  8682B, by the Senate Committee on

         2       Rules, an act to amend the General Municipal

         3       Law;

         4                  8696, by Senator Skelos, an act to

         5       amend the Real Property Tax Law;

         6                  8706, by Senator Skelos, an act to

         7       amend the Mental Hygiene Law;

         8                  8708, by the Senate Committee on

         9       Rules, an act to amend the Workers'

        10       Compensation Law;

        11                  8711, by the Senate Committee on

        12       Rules, an act in relation to implementing;

        13                  8714, by Senator Nozzolio, an act

        14       to amend the Criminal Procedure Law;

        15                  8715, by the Senate Committee on

        16       Rules, an act to amend the Executive Law;

        17                  Assembly Print 10997A, by Member of

        18       the Assembly Bing, an act to amend the Private

        19       Housing Finance Law;

        20                  Assembly Print 11451, by the

        21       Assembly Committee on Rules, an act to amend

        22       the Private Housing Finance Law;

        23                  Senate Print 2446A, by Senator

        24       Diaz, an act in relation to authorizing;

        25                  Senate Print 2393A, by Senator



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         1       Leibell, an act to amend the Labor Law;

         2                  Senate Print 7272, by Senator

         3       Lanza, an act to amend Chapter 677 of the Laws

         4       of 1977;

         5                  And Senate Print Number 8713, by

         6       Senator O. Johnson, an act to amend the Civil

         7       Practice Law and Rules.

         8                  All bills ordered direct to third

         9       reading.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Little.

        12                  SENATOR LITTLE:    Thank you,

        13       Mr. President.

        14                  I move to accept the report of the

        15       Rules Committee.

        16                  ACTING PRESIDENT GRIFFO:    All in

        17       favor of accepting the report of the Rules

        18       Committee signify by saying aye.

        19                  (Response of "Aye.)

        20                  ACTING PRESIDENT GRIFFO:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT GRIFFO:    The

        24       report of the Rules Committee is accepted.

        25                  Senator Little.



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         1                  SENATOR LITTLE:    Thank you,

         2       Mr. President.

         3                  I believe there is another report

         4       from the Rules Committee at the desk.

         5                  ACTING PRESIDENT GRIFFO:    There

         6       is indeed.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Senator Bruno,

         9       from the Committee on Rules, reports the

        10       following bill direct to third reading:

        11                  Senate Print 8717, by Senator

        12       Marcellino, an act to amend the Tax Law.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Little.

        15                  SENATOR LITTLE:    Move to accept

        16       the report of the Rules Committee.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       motion is to accept the report of the Rules

        19       Committee.  All in favor signify by saying

        20       aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT GRIFFO:

        23       Opposed, nay.

        24                  (No response.)

        25                  ACTING PRESIDENT GRIFFO:     The



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         1       supplemental report is accepted.

         2                  Senator Little.

         3                  SENATOR LITTLE:    Thank you.

         4                  Mr. President, may we now go to the

         5       noncontroversial reading of Supplemental

         6       Calendar Number 64B.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       Secretary will conduct the reading of Senate

         9       Supplemental Calendar 64B.

        10                  THE SECRETARY:    Calendar Number

        11       2167, by Senator Sampson, Senate Print 2495,

        12       an act to amend the Penal Law.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the first of

        17       November.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 2168, Senator Golden moves to



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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 6423B and substitute it

         3       for the identical Senate Bill Number 3143B,

         4       Third Reading Calendar 2168.

         5                  ACTING PRESIDENT GRIFFO:

         6       Substitution ordered.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       2168, by Member of the Assembly Carrozza,

        10       Assembly Print Number 6423B, an act to amend

        11       the Insurance Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect on the first of January.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       2169, by Senator Golden, Senate Print 6026C,

        24       an act to amend the Education Law.

        25                  SENATOR LaVALLE:    Lay it aside,



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         1       please.

         2                  ACTING PRESIDENT GRIFFO:    Lay it

         3       aside.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 2170, Senator Golden moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 10273A and substitute it

         8       for the identical Senate Bill Number 7152A,

         9       Third Reading Calendar 2170.

        10                  ACTING PRESIDENT GRIFFO:

        11       Substitution ordered.

        12                  The Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       2170, by Member of the Assembly Lopez,

        15       Assembly Print Number 10273A, an act to amend

        16       the Real Property Tax Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 62.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       2171, by Senator Hannon, Senate Print 8298A,

         4       an act to amend the Public Health Law and

         5       others.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Little.

         8                  SENATOR LITTLE:    Thank you,

         9       Mr. President.

        10                  Is there a message of necessity at

        11       the desk?

        12                  ACTING PRESIDENT GRIFFO:    There

        13       is a message of necessity at the desk.

        14                  SENATOR LITTLE:    Thank you.  I

        15       move we accept the message of necessity.

        16                  ACTING PRESIDENT GRIFFO:    All in

        17       favor of accepting the message of necessity

        18       indicate by saying aye.

        19                  (Response of "Aye.)

        20                  ACTING PRESIDENT GRIFFO:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT GRIFFO:    The

        24       message is accepted.

        25                  The Secretary will read the last



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         1       section.

         2                  THE SECRETARY:    Section 27.  This

         3       act shall take effect on the 90th day.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Hannon.

         9                  SENATOR HANNON:    Mr. President,

        10       at the stage of the legislative procedure I

        11       just want to note that this is the infection

        12       control professional disciplinary bill that we

        13       have working on for many months, in reaction

        14       to different situations that have arisen over

        15       the past few years in this state.

        16                  I think what this bill will do, it

        17       will restore trust to the patient-physician

        18       relationship, improve infection control

        19       practices, give new duties to the Department

        20       of Health to make sure that the people who are

        21       practicing medicine in this state are duly

        22       qualified and have not been involved in

        23       misconduct.

        24                  Thank you very much, Mr. President.

        25       I vote yes.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Hannon to be recorded in the affirmative.

         3                  Announce the results.

         4                  THE SECRETARY:    Ayes, 62.  Nays,

         5       0.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       2172, by Senator Seward, Senate Print 8354B,

        10       an act to amend the Insurance Law.

        11                  SENATOR BRESLIN:    Lay it aside.

        12                  ACTING PRESIDENT GRIFFO:    Lay it

        13       aside.

        14                  THE SECRETARY:    Calendar Number

        15       2173, by Senator Seward, Senate Print 8624, an

        16       act to amend the Insurance Law.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  SENATOR STACHOWSKI:    Lay it

        20       aside.

        21                  ACTING PRESIDENT GRIFFO:    Lay it

        22       aside.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 2174, Senator Diaz moves to

        25       discharge, from the Committee on Rules,



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         1       Assembly Bill Number 11578 and substitute it

         2       for the identical bill, Senate Print Number

         3       8625, Third Reading Calendar 2174.

         4                  ACTING PRESIDENT GRIFFO:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       2174, by the Assembly Committee on Rules,

         9       Assembly Print Number 11578, an act relating

        10       to increasing availability.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT GRIFFO:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       2175, by Senator LaValle, Senate Print 8630,

        23       an act to amend the Real Property Law.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect on the 120th day.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       2176 --

        11                  SENATOR LITTLE:    Lay it aside for

        12       the day, please.

        13                  ACTING PRESIDENT GRIFFO:    Lay it

        14       aside for the day.

        15                  THE SECRETARY:    Calendar Number

        16       2177, by Senator Saland, Senate Print 8641, an

        17       act to amend the Public Health Law and the

        18       Real Property Law.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 5.  This

        22       act shall take effect on the 180th day.

        23                  ACTING PRESIDENT GRIFFO:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       2178, by Senator Fuschillo, Senate Print 8673,

         6       an act to amend the Education Law and the

         7       Public Health Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 8.  This

        11       act shall take effect on the 90th day.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       2180, by Senator Skelos, Senate Print 8696, an

        20       act to amend the Real Property Tax Law.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 4.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       2181, by Senator Skelos, Senate Print 8706, an

         8       act to amend the Mental Hygiene Law and the

         9       Judiciary Law.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Little.

        12                  SENATOR LITTLE:    Thank you,

        13       Mr. President.

        14                  Is there a message of necessity at

        15       the desk?

        16                  ACTING PRESIDENT GRIFFO:    There

        17       is a message at the desk.

        18                  SENATOR LITTLE:    Thank you.  I

        19       move to accept the message of necessity.

        20                  ACTING PRESIDENT GRIFFO:    All in

        21       favor of accepting the message of necessity

        22       indicate by saying aye.

        23                  (Response of "Aye.)

        24                  ACTING PRESIDENT GRIFFO:

        25       Opposed, nay.



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         1                  (No response.)

         2                  ACTING PRESIDENT GRIFFO:    The

         3       message is accepted.

         4                  The Secretary will read the last

         5       section.

         6                  THE SECRETARY:    Section 8.  This

         7       act shall take effect November 1, 2008.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Schneiderman.

        13                  SENATOR SCHNEIDERMAN:    Thank you,

        14       Mr. President.  To explain my vote.

        15                  I'm glad we're passing this bill.

        16       This will get New York State in line with

        17       other progressive jurisdictions that are

        18       providing information on mental health to the

        19       FBI for its national instant criminal

        20       background check system so that we can prevent

        21       people who have mental disabilities from

        22       purchasing firearms.

        23                  This is exactly the issue that came

        24       up in the context of the Virginia Tech

        25       shooting.



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         1                  I note, while I'm glad Senator

         2       Skelos has put this bill in and that we've

         3       passed it and it will become law, that this is

         4       the only portion of Governor Paterson's

         5       program bill on firearm safety that has passed

         6       this year.  And I hope that in the years to

         7       come we are going to take steps to make sure

         8       that the people who sell firearms have

         9       background checks, that we ensure safe storage

        10       of firearms, that we have a better system for

        11       tracking firearms used in crimes, and other

        12       things that have been discussed.

        13                  This is one piece, and it's a good

        14       step.  I look forward to us implementing more

        15       of the Governor's agenda in the future.

        16                  Thank you.  I vote yes.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Schneiderman to be recorded in the

        19       affirmative.

        20                  Announce the results.

        21                  THE SECRETARY:    Ayes, 62.  Nays,

        22       0.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       2182, by the Senate Committee on Rules, Senate

         2       Print 8708, an act to amend the Workers'

         3       Compensation Law.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Little.

         6                  SENATOR LITTLE:    Thank you,

         7       Mr. President.

         8                  Is there a message of necessity at

         9       the desk?

        10                  ACTING PRESIDENT GRIFFO:    There

        11       is a message at the desk.

        12                  SENATOR LITTLE:    Thank you.  I

        13       move to accept the message of necessity.

        14                  ACTING PRESIDENT GRIFFO:    All in

        15       favor of accepting the message of necessity

        16       indicate by saying aye.

        17                  (Response of "Aye.)

        18                  ACTING PRESIDENT GRIFFO:

        19       Opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT GRIFFO:    The

        22       message is accepted.

        23                  The Secretary will read the last

        24       section.

        25                  THE SECRETARY:    Section 16.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 61.  Nays,

         6       1.  Senator Stachowski recorded in the

         7       negative.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       2183, by the Senate Committee on Rules, Senate

        12       Print 8711, an act in relation to implementing

        13       terms.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Little.

        16                  SENATOR LITTLE:    Thank you,

        17       Mr. President.

        18                  Is there a message of necessity at

        19       the desk?

        20                  ACTING PRESIDENT GRIFFO:    There

        21       is a message at the desk.

        22                  SENATOR LITTLE:    Thank you.  I

        23       move that we accept the message of necessity.

        24                  ACTING PRESIDENT GRIFFO:    All in

        25       favor of accepting the message of necessity



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         1       indicate by saying aye.

         2                  (Response of "Aye.)

         3                  ACTING PRESIDENT GRIFFO:

         4       Opposed, nay.

         5                  (No response.)

         6                  ACTING PRESIDENT GRIFFO:    The

         7       message is accepted.

         8                  The Secretary will read the last

         9       section.

        10                  THE SECRETARY:    Section 7.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT GRIFFO:

        16       Senator Krueger, to explain her vote.

        17                  SENATOR LIZ KRUEGER:    Mr.

        18       President, because I have a pecuniary interest

        19       in this calendar, I respectfully request to be

        20       excused from voting on this matter.

        21                  ACTING PRESIDENT GRIFFO:    Without

        22       objection, Senator L. Krueger will be listed

        23       as an abstention.

        24                  SENATOR LIZ KRUEGER:    Thank you.

        25                  ACTING PRESIDENT GRIFFO:    Thank



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         1       you, Senator.

         2                  The Secretary will announce the

         3       results.

         4                  THE SECRETARY:    Ayes, 61.  Nays,

         5       0.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       2184, by Senator Nozzolio, Senate Print 8714,

        10       an act to amend the Criminal Procedure Law and

        11       others.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Little.

        14                  SENATOR LITTLE:    Thank you,

        15       Mr. President.

        16                  Is there a message of necessity at

        17       the desk?

        18                  ACTING PRESIDENT GRIFFO:    There

        19       is a message at the desk.

        20                  SENATOR LITTLE:    Thank you.  I

        21       move that we accept the message of necessity.

        22                  ACTING PRESIDENT GRIFFO:    All in

        23       favor of accepting the message of necessity

        24       indicate by saying aye.

        25                  (Response of "Aye.)



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         1                  ACTING PRESIDENT GRIFFO:

         2       Opposed, nay.

         3                  (No response.)

         4                  ACTING PRESIDENT GRIFFO:    The

         5       message is accepted.

         6                  The Secretary will read the last

         7       section.

         8                  THE SECRETARY:    Section 9.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  SENATOR KLEIN:    Lay it aside,

        14       please.

        15                  ACTING PRESIDENT GRIFFO:    Lay it

        16       aside.

        17                  THE SECRETARY:    Calendar Number

        18       2185, by the Senate Committee on Rules, Senate

        19       Print 8715, an act to amend the Executive Law,

        20       the Workers' Compensation Law and the

        21       Insurance Law.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Little.

        24                  SENATOR LITTLE:    Thank you,

        25       Mr. President.



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         1                  Is there a message of necessity at

         2       the desk?

         3                  ACTING PRESIDENT GRIFFO:    There

         4       is a message at the desk.

         5                  SENATOR LITTLE:    Thank you.  I

         6       move that we accept the message of necessity.

         7                  ACTING PRESIDENT GRIFFO:    All in

         8       favor of accepting the message of necessity

         9       indicate by saying aye.

        10                  (Response of "Aye.)

        11                  ACTING PRESIDENT GRIFFO:

        12       Opposed, nay.

        13                  (Response of "Nay.")

        14                  ACTING PRESIDENT GRIFFO:    The

        15       message is accepted.

        16                  The Secretary will read the last

        17       section.

        18                  THE SECRETARY:    Section 13.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT GRIFFO:

        24       Senator Sabini.

        25                  SENATOR SABINI:    Mr. President,



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         1       briefly on the bill.

         2                  This is a --

         3                  ACTING PRESIDENT GRIFFO:    It's an

         4       explanation of a vote, Senator Sabini.

         5                  SENATOR SABINI:    Explanation, I'm

         6       sorry.  Explanation of my vote on the bill,

         7       Mr. President.

         8                  This is a bill that will go a long

         9       way to allow the protection of both livery car

        10       drivers and the owners of those businesses,

        11       all of whom have been accumulating fines

        12       because of the quirkiness of the Workers'

        13       Compensation Law.  The drivers are independent

        14       contractors, or so often viewed as; the base

        15       station employees are regular salaried

        16       employees.

        17                  The Governor's office and my office

        18       and others have been working together to try

        19       to achieve this solution.

        20                  The only problem I have with the

        21       bill that I do want to get on the record is

        22       that in Section 8 of the bill there is a

        23       rebuttal of presumption of all the drivers

        24       having the same salaries.

        25                  This is a very transient kind of



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         1       job where some people working part-time, some

         2       people work two jobs.  And I guess for the

         3       sake of putting the bill together to get

         4       passage today, we achieved this sort of

         5       inartistic solution.

         6                  But as was said earlier, the

         7       perfect shouldn't be the enemy of the good.  I

         8       think that on the whole this will help the

         9       industry -- the drivers, the owners, and the

        10       base station employees.

        11                  So I'll be voting aye.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Sabini to be recorded in the affirmative.

        14                  Senator Diaz, to explain his vote.

        15                  SENATOR DIAZ:    Thank you,

        16       Mr. President.  I just would like to express

        17       my support to this bill.  This is a bill that

        18       they've been dealing with in the Assembly for

        19       a long time.  And Assemblyman Adriano

        20       Espaillat in the Assembly has introduced this

        21       bill, and here Senator Maltese has introduced

        22       this bill.

        23                  And I would like to commend Senator

        24       Maltese for this bill.  This is a bill that is

        25       long overdue.  And this is something that will



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         1       help livery taxi drivers in the City of

         2       New York.  And for Hispanic, black, and all

         3       kind of people that drive livery taxis in

         4       New York, this is something that is helpful.

         5                  And again, I'm supporting the bill.

         6       I'm proud of you, Senator Maltese.  And thank

         7       you for introducing this bill.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Diaz to be recorded in the affirmative.

        10                  Senator Maltese, to explain his

        11       vote.

        12                  SENATOR MALTESE:    Yes,

        13       Mr. President.  I rise to explain that this

        14       creates a fund where a fund was very much

        15       needed to give workmen's compensation benefits

        16       to independent livery drivers.

        17                  This is an area that many people

        18       have been working on for many, many years.  I

        19       want to commend, of course, Assemblyman Diaz

        20       and Assemblyman Espaillat in the Assembly.

        21                  This is a bill that was much needed

        22       to provide benefits for those drivers who are

        23       on the scene, and in a way on the firing line,

        24       in many of the areas not adequately served by

        25       this type of transportation.  It would provide



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         1       benefits in areas that up until now have been

         2       areas of contention.  And this now clarifies

         3       the situation.

         4                  And as I say, it is, I believe, a

         5       three-way agreement and another piece of

         6       legislation where we can commend not only our

         7       Majority Leader and of course the Governor,

         8       but Speaker Silver and those that have worked

         9       so hard to effectuate this legislation.

        10                  Mr. President, I vote aye.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Maltese to be recorded in the affirmative.

        13                  Announce the results.

        14                  THE SECRETARY:    Ayes, 62.  Nays,

        15       0.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       2186, by Member of the Assembly Bing, Assembly

        20       Print Number 10997A, an act to amend the

        21       Private Housing Finance Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 62.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       2187, by the Assembly Committee on Rules,

         9       Assembly Print Number 11451, an act to amend

        10       the Private Housing Finance Law.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT GRIFFO:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    In relation to

        22       Calendar Number 2188, Senator Diaz moves to

        23       discharge, from the Committee on Rules,

        24       Assembly Bill Number 31A and substitute it for

        25       the identical Senate Bill Number 2446A, Third



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         1       Reading Calendar 2188.

         2                  ACTING PRESIDENT GRIFFO:

         3       Substitution ordered.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       2188, by Member of the Assembly Clark,

         7       Assembly Print Number 31A, an act in relation

         8       to authorizing the Department of

         9       Transportation.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       2189, by Senator Leibell, Senate Print 2393A,

        22       an act to amend the Labor Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 4.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 62.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 2190, Senator Lanza moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 10030 and substitute it

        12       for the identical Senate Bill Number 7272,

        13       Third Reading Calendar 2190.

        14                  ACTING PRESIDENT GRIFFO:

        15       Substitution ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       2190, by Member of the Assembly Abbate,

        19       Assembly Print Number 10030, an act to amend

        20       Chapter 677 of the Laws of 1977 amending the

        21       Civil Service Law.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 5.  This

        25       act shall take effect on the 30th day.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT GRIFFO:

         5       Senator Savino, to explain her vote.

         6                  SENATOR SAVINO:    Yes, thank you.

         7                  I want to rise to thank Senator

         8       Lanza for finally accomplishing something that

         9       has been long overdue for a very long time,

        10       the permanent agency shop.

        11                  It is something that I lobbied on

        12       for about 10 years as a member and a

        13       representative of AFSCME.  Certainly it's been

        14       lobbied on by many, many people for a very

        15       long time.

        16                  It's the end of a 36-year

        17       experiment.  And in some respects, it's not

        18       just a victory for the working people of

        19       New York and their employee organizations, but

        20       one can almost construe this as campaign

        21       finance reform.  Because we used to refer to

        22       the agency shop bill as "the gift that kept

        23       giving."  So now my friends, who are of course

        24       so happy about the passage of this bill, can

        25       concentrate on other, as important, pieces of



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         1       legislation.

         2                  So thank you, Senator Lanza, for

         3       giving me the opportunity to finally say we

         4       got the permanent agency shop bill done.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Savino, how do you vote?

         7                  (Laughter.)

         8                  SENATOR SAVINO:    I vote aye.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Savino to be recorded in the affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    Ayes, 62.  Nays,

        13       0.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  Senator Little, that completes the

        17       noncontroversial reading of Supplemental

        18       Calendar 64B.

        19                  SENATOR LITTLE:    Thank you,

        20       Mr. President.

        21                  May we take up the controversial

        22       reading of Calendar 64B.

        23                  ACTING PRESIDENT GRIFFO:    We will

        24       take up the controversial reading of Calendar

        25       64B.  The Secretary will ring the bell.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       2169, by Senator Golden, Senate Print 6026C,

         4       an act to amend the Education Law.

         5                  SENATOR LaVALLE:    Mr. President.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       LaValle.

         8                  SENATOR LaVALLE:    On the bill.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       LaValle, on the bill.

        11                  SENATOR LaVALLE:    Mr. President,

        12       this legislation Senator Golden has

        13       introduced -- and I'll talk about the purpose

        14       for this bill -- as everyone can see is a C

        15       version.  And he has more than bent backwards

        16       to get my input, input from some of the

        17       committee members.

        18                  This bill was not a bill that

        19       appeared on a Higher Education Committee

        20       agenda.  And had it, I think we would have had

        21       a longer dialogue and probably would have

        22       gotten the bill correct.

        23                  The deans of the dental schools in

        24       New York State have had an ongoing dialogue

        25       that because dental practices have been or are



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         1       so lucrative, their contention is that they

         2       are having a difficult time attracting

         3       faculty.

         4                  And we could make an argument that

         5       maybe that is not the case and that they need

         6       to do some things to beef up their

         7       recruitment, offer the kinds of incentives

         8       that we need to have top-quality faculty

         9       teaching in our dental schools.  And I know

        10       Senator Golden has made an effort to try and

        11       assure that that is the case.

        12                  We are at the end of the session,

        13       and language has been added to try and

        14       ensure -- and I can't honestly say to this

        15       body that we have achieved academic

        16       equivalency for an individual who is or has

        17       been licensed in a foreign jurisdiction and

        18       whether they are and have met that

        19       equivalency.  We have made an attempt to do

        20       so, but I cannot say with absolute certainty

        21       that that is the case.

        22                  What is very upsetting -- and I

        23       think if we had time, we probably could have

        24       worked through an amendment to strengthen

        25       pieces of this bill.  Because the most



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         1       important thing to all of us is that a student

         2       in our state is receiving the best possible

         3       education.  And there's language on page 2 of

         4       this bill that I don't think goes far enough

         5       in achieving that goal.

         6                  It says "within the last five

         7       years, have two years of satisfactory practice

         8       as a dentist or have satisfactorily completed

         9       an advanced education program in general

        10       dentistry or a dental specialty, provided such

        11       program is accredited by an organization

        12       accepted by the department as a reliable

        13       authority for the purposes of accrediting such

        14       programs."

        15                  Have two years, have two years of

        16       experience.  I'll tell you, unless I'm

        17       misreading this or -- I'm a little tired, it's

        18       the end of session and I'm grouchy or

        19       whatever, but I think two years has really

        20       reduced the bar.

        21                  There's another provision here that

        22       Senator Golden put in which I think is great,

        23       and I mean that.  No current faculty member

        24       shall be displaced by the holder of a

        25       restricted dental faculty license.  And I



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         1       think that's something in discussions that we

         2       had.

         3                  After looking at the whole issue of

         4       people who are double dipping, getting a

         5       waiver, a 211 waiver for those administrative

         6       positions in education, you know, we found

         7       that the commissioner was granting 211 waivers

         8       like you give out jelly beans.

         9                  So the question is, what kind of

        10       due diligence does a dean of a school of

        11       dental medicine have to go through to say, you

        12       know, I've looked high and wide to get someone

        13       to teach orthodonture medicine, dental

        14       medicine.  Can't find one, but I have someone

        15       who we would like to recruit.  And they come

        16       from a foreign jurisdiction, but we believe

        17       they're just terrific.

        18                  So it's like we've gone halfway and

        19       not the whole way.  Could we do better in

        20       providing greater protections for the students

        21       of this state?  Yes.  Is this detrimental to

        22       them?  No, not necessarily.  It depends that

        23       our committee has always sought the highest

        24       standards, the highest protections for the

        25       education programs that are being delivered,



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         1       whether it be independent colleges, State

         2       University, City University or our

         3       professional schools.

         4                  I thank Senator Golden for his

         5       diligence in making amendments, making changes

         6       to bring this bill before us for

         7       consideration, for a vote.  And I don't know,

         8       quite honestly, how I'm going to vote when the

         9       roll is called.  But I felt I wanted, as

        10       chairman -- because we didn't have an

        11       opportunity as a committee to fully discuss

        12       this bill.

        13                  We unfortunately did not hold a

        14       hearing, nor do we hold hearings on every

        15       single bill.  I know I hear the Minority all

        16       the time:  Ah, we didn't hold a hearing.

        17       Well, we don't hold hearings.  But certainly

        18       in some bills the hearing process or an open

        19       process does make the product, in the end, you

        20       know, a better piece of legislation.

        21                  Thank you, Mr. President.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Stachowski.

        24                  SENATOR STACHOWSKI:    Yes,

        25       Mr. President.  I find it troubling that the



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         1       chairman of the Higher Ed Committee gets up

         2       and, though this bill is on the calendar, says

         3       that their committee didn't take it up, they

         4       had no hearings.

         5                  We're now going to have people that

         6       practiced dentistry possibly for two years

         7       teaching future dentists.

         8                  I just had a tour of the University

         9       of Buffalo Dental School, and their only

        10       complaint is it's not about faculty members,

        11       it's about facilities.  And they're trying to

        12       fix them up so that they can continue to be

        13       one of the better dental schools, and with a

        14       very experienced faculty and proud of it.

        15                  And I can't imagine them trying to

        16       reach out for people that have practiced

        17       dentistry for two years to make their dental

        18       school advance in academic achievement.

        19                  You know, years ago when

        20       Georgetown, one of the top dental schools in

        21       the country, didn't think they were getting

        22       candidates that were strong enough, they

        23       closed their dental school.  They weren't

        24       concerned about the fact that they had a great

        25       faculty and a great program, they were



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         1       concerned that the quality of their applicants

         2       had been deteriorating, for whatever reason,

         3       so they closed their dental school rather than

         4       let it go down in any way.

         5                  So for us to be moving a bill

         6       that's going to just stick people in to fill

         7       faculty positions without much experience to

         8       teach people that -- I don't know, I consider

         9       dentistry and all the specialties that are

        10       combined with it to be very important.  I

        11       would hate to think that we're going to be

        12       putting people out based on the teaching of

        13       maybe somebody that isn't very experienced

        14       themselves, so how do they competently teach

        15       students that are just entering that

        16       profession?

        17                  I am kind of baffled by this whole

        18       thing.  I probably wouldn't have taken such

        19       notice had not Senator LaValle got up and

        20       pointed out all the things he pointed out.

        21                  I think it should be a warning shot

        22       to all of us that something of this

        23       importance, anytime it's got something to do

        24       with your medical health -- and as you know,

        25       maybe dentistry isn't life-threatening, but it



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         1       is very important and can lead to a lot of

         2       other problems if it's not done correctly.

         3                  I don't know why we're doing this

         4       bill.  I think that we should take the warning

         5       that Senator LaValle gave us that maybe we

         6       should have hearings on this and go through

         7       this thoroughly before we change the way we're

         8       hiring dental faculty to the detriment,

         9       possibly, of all our students that are paying

        10       top dollar even in public schools, the public

        11       universities, to be educated, and they don't

        12       know that they have somebody that maybe

        13       practiced dentistry for two years.

        14                  I really, really have a problem

        15       with this bill, and I'm glad that Senator

        16       LaValle brought all these things up to our

        17       attention.  And I would suggest that everybody

        18       takes a real hard look at this bill.  And I

        19       don't know if that's the way we want to go

        20       with any dental schools that would have to

        21       hire their faculty based on this limited

        22       license.

        23                  My suggestion is that we don't vote

        24       this bill and we either take it off the floor

        25       or vote it down.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Golden.

         4                  SENATOR GOLDEN:    Thank you,

         5       Mr. President.

         6                  I rise to answer some of the

         7       questions on the bill.  Specifically to the

         8       University of Buffalo, they have requested

         9       that this be done.

        10                  New York's academic dental centers

        11       are at a competitive disadvantage with other

        12       dental schools across the country which

        13       currently are able to attract dentists with

        14       outstanding credentials because other states

        15       allow them to practice clinically while

        16       serving as faculty.  New York State is driving

        17       away the best and the most qualified.

        18                  We are only two of 48 states that

        19       do not do this.  There are 32 positions that

        20       have been unable to be filled here in the

        21       State of New York for the past three years.

        22       All of the dental hospitals have come together

        23       and have asked for this to happen.  We

        24       negotiated this with Regents, the State Ed

        25       Department, the dental schools, the Assembly,



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         1       with the leader, with this bill for over a

         2       year that we've had this bill.

         3                  There are 46 people that this bill

         4       would allow employment for.  They would only

         5       be able to practice at the hospital.  The two

         6       years that has been spoken of, two years

         7       within the last five years, that is standard

         8       here in the State of New York for dentistry.

         9       It's also standard across the country.

        10                  So I would work with my colleague

        11       Senator LaValle on a chapter amendment, if

        12       that would be acceptable to him, to be able to

        13       enhance this bill so that we could even make

        14       it a stronger and a better bill and be able to

        15       hold on to those positions in our dentistry

        16       schools and to be able to attract the best and

        17       the brightest into that industry.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Stavisky.

        21                  SENATOR STAVISKY:    Thank you.

        22                  If the sponsor would yield, I have

        23       a couple of questions.  Some questions.

        24                  ACTING PRESIDENT GRIFFO:    Will

        25       the sponsor yield?



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         1                  SENATOR GOLDEN:    Yes,

         2       Mr. President.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Golden yields.

         5                  SENATOR STAVISKY:    I noticed that

         6       this bill was introduced on June 4th of 2007.

         7       I don't recall it being on the Higher Ed

         8       calendar.  That question has partially been

         9       answered.  Perhaps you can give us a more

        10       complete explanation of why I never saw it on

        11       the calendar.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Golden.

        14                  SENATOR GOLDEN:    We were working

        15       with State Ed, with the Assembly and the

        16       Senate, to come to agreement on a bill that

        17       would work for the hospitals and for the State

        18       of New York.

        19                  Working with Senator LaValle, we

        20       put a two-year sunset into the bill so that we

        21       could sunset this bill if in fact there had to

        22       be even stronger recommendations made, we

        23       could do that in two years' time.

        24                  But I'm willing to do a chapter

        25       immediately, since we have control of the bill



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         1       in this house, to be able to make this bill a

         2       stronger bill.

         3                  SENATOR STAVISKY:    If the Senator

         4       would continue to yield.

         5                  ACTING PRESIDENT GRIFFO:

         6       Senator Golden, do you continue to yield?

         7                  SENATOR GOLDEN:    Yes,

         8       Mr. President.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Stavisky.

        11                  SENATOR STAVISKY:    Have any

        12       professional or consumer organizations offered

        13       memoranda in support or in opposition?

        14       Because I have not seen any.

        15                  SENATOR GOLDEN:    Mr. President --

        16       through you, Mr. President, the five New York

        17       State Academic Dental Centers, which include

        18       the University of Rochester, Eastman Dental;

        19       Columbia; New York University; the State

        20       University at Buffalo and at Stony Brook.

        21                  SENATOR STAVISKY:    So,

        22       Mr. President, if the Senator would continue

        23       to yield.

        24                  ACTING PRESIDENT GRIFFO:

        25       Senator Golden, will you continue to yield?



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         1                  SENATOR GOLDEN:    These are the

         2       deans of the colleges that are asking and

         3       promoting these individuals.

         4                  So we would say here that the

         5       deans, SED, the Regents would allow an

         6       inferior dentist to work in their schools?  I

         7       don't think so.  I think this is a

         8       well-thought-out bill to help our

         9       universities.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Golden, do you continue to yield?

        12                  SENATOR GOLDEN:    Yes,

        13       Mr. President.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Stavisky.

        16                  SENATOR STAVISKY:    Yes, I have a

        17       couple more questions I would appreciate.

        18                  I gather the problem is the lack of

        19       faculty to teach the students.  Where do you

        20       expect to find those faculty members?

        21                  SENATOR GOLDEN:    Through our own

        22       schools.  Mr. President, through our schools

        23       here in the State of New York, from people

        24       from across our nation coming to this great

        25       state and from people across this world coming



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         1       in and joining into the field of dentistry

         2       here in the State of New York.

         3                  SENATOR STAVISKY:    If the Senator

         4       would continue to yield --

         5                  SENATOR GOLDEN:    As long as they

         6       are qualified, of course, Mr. President.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Golden, do you continue to yield?

         9                  SENATOR GOLDEN:    I do indeed,

        10       Mr. President.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Stavisky.

        13                  SENATOR STAVISKY:    I see the bill

        14       also provides not only citizens but also

        15       aliens.

        16                  Do you expect an outreach to

        17       graduates of foreign dental institutions?

        18                  SENATOR GOLDEN:    Mr. President, I

        19       would imagine that there isn't a dental school

        20       in the world that doesn't know about the great

        21       facilities here in the great State of New York

        22       and would love to be able to have the

        23       opportunity to come here, teach, and to be

        24       able to practice dentistry at one of our

        25       lovely institutions, Mr. President.



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         1                  SENATOR STAVISKY:    Thank you.

         2                  On the bill.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Stavisky, on the bill.

         5                  SENATOR STAVISKY:    I thank

         6       Senator Golden for his concern for the dental

         7       health of our constituents.

         8                  At the same time, I see great

         9       parallels here between the nursing shortage

        10       and the dental shortage.  It's a shortage not

        11       necessarily of practitioners but of people to

        12       teach dentistry, people who have experience.

        13                  And I have misgivings about this

        14       bill.  I really want to listen to what

        15       everyone else has said.  Senator Golden has

        16       been very helpful.  But I can't understand why

        17       the last day of session this bill is suddenly

        18       emerging.  It's like a toothache that just

        19       sort of erupted.  Perhaps that's a bad

        20       example.

        21                  I am concerned that we may not be

        22       attracting the best and the brightest through

        23       this method with the two-year requirement that

        24       Senator LaValle spoke about.  I find that

        25       troubling.



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         1                  And my instinct is to vote no on

         2       this bill or to listen to what my colleagues

         3       have to say.  But I understand that the

         4       dentists are going to be serving as full-time

         5       faculty of one of the five academic

         6       institutions, and they're going to have to

         7       devote four days a week to teaching, to caring

         8       for the patients, et cetera.

         9                  And I will listen to what the

        10       Senator has said.  I have not read the

        11       memorandum; it was just provided to me.  And I

        12       find that aspect very troubling, the fact that

        13       we haven't seen this bill until 4 o'clock on

        14       the day we're due to adjourn.

        15                  Thank you, Mr. President.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Krueger.

        18                  SENATOR LIZ KRUEGER:    Thank you.

        19       If the sponsor would yield.

        20                  SENATOR GOLDEN:    Yes, Madam

        21       President -- Mr. President.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Golden yields.

        24                  SENATOR LIZ KRUEGER:    Thank you.

        25                  Senator Golden, it talks about



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         1       their teaching at dental clinics and dental

         2       schools but also practicing dentistry in the

         3       clinics.

         4                  Could you clarify for me, who would

         5       be the patients that these people who don't

         6       have regular dental licenses would be

         7       practicing on?

         8                  SENATOR GOLDEN:    That's correct.

         9       Mr. President, there are numbers of people

        10       that come to the dentistry hospitals that

        11       don't have dentists.  A lot of them are poor

        12       and unable to pay and afford the dentistry,

        13       and these dentistry schools work in those

        14       communities and bringing those people into

        15       those hospitals.

        16                  SENATOR LIZ KRUEGER:    Thank you.

        17                  Mr. President, on the bill.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Krueger on the bill.

        20                  SENATOR LIZ KRUEGER:    My

        21       colleague Senator Stavisky just pointed out

        22       we're getting this at 4 o'clock on the last

        23       day.  And that certainly ought to be a red

        24       flag for us for any bills.

        25                  But more importantly I think was



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         1       listening to Senator LaValle, who's been such

         2       an activist chair of the Higher Ed Committee,

         3       and I serve on that committee.  And he has

         4       been, as he said himself, very proud of making

         5       sure that here in New York State we hold

         6       ourselves to our highest standards for our

         7       licensed professions, including our healthcare

         8       professionals.

         9                  And really, when we're talking

        10       about healthcare and dentistry as a

        11       subuniverse of healthcare, we'd better hold

        12       ourselves to the highest standards, as we

        13       know.

        14                  So I have to say if it was just

        15       that they would be teaching in some kind of

        16       classroom setting, even though they only had

        17       two years of dental experience themselves, I

        18       might have been a little more comfortable

        19       supporting the bill, because I do believe that

        20       people can be great teachers even if they

        21       aren't expert clinicians.

        22                  On the other hand, when I hear that

        23       they will be actually providing dental care to

        24       the people who come to the dental clinics at

        25       our dental schools -- and I know for a fact,



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         1       as I think we all do, that it's the poorest

         2       New Yorkers who are more likely not to have

         3       private dentists and more likely to show up at

         4       the dental clinics at the dental schools -- it

         5       troubles me quite a bit that we seem to be

         6       willing to set up a double standard:  You

         7       don't have to be qualified to be a real

         8       dentist in New York State to treat people in

         9       these clinics.

        10                  The last thing on earth I want to

        11       do is move legislation that creates a two-tier

        12       system of who provides healthcare in New York

        13       based on your income, and if you are

        14       low-income then you can get the people to

        15       serve you or to provide care for you that

        16       other New Yorkers wouldn't go to or even

        17       technically be allowed to go to under the

        18       dental licensing.

        19                  So while I am empathetic to a

        20       shortage of clinicians at our dental schools,

        21       there's got to be another model for solving

        22       that other than allowing people who we

        23       wouldn't give a regular dental license to to

        24       treat us to be the ones who are treating the

        25       people who have no choice but to go to



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         1       clinics.  And so I'll be voting no.

         2                  Thank you, Mr. President.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Sabini.

         5                  SENATOR SABINI:    Mr. President,

         6       on the bill.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Sabini, on the bill.

         9                  SENATOR SABINI:    Well, this bill,

        10       as Senator LaValle points out, has at least

        11       one good aspect to it, which is that it allows

        12       us to tap into the talent of those who are

        13       licensed in other countries who have practiced

        14       their craft and gone to university elsewhere

        15       to practice here, as long as they meet all the

        16       requirements that licensure in New York would

        17       require.

        18                  Senator Morahan and I and Senator

        19       Schneiderman have been working on an issue

        20       that would tap into our immigrant community in

        21       an even bigger way.  Our state has thousands

        22       of people who are professionals who have come

        23       to our shores, and yet we can't tap into their

        24       talents or, frankly, tax their higher income

        25       because they're restricted from getting the



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         1       licenses to practice their craft.

         2                  The bill that Senator Morahan and I

         3       and Senator Schneiderman have crafted includes

         4       obstetrics, court stenographers -- why you

         5       have to be a citizen to be a court

         6       stenographer I'll never know -- engineers,

         7       pharmacists, veterinarians, midwives,

         8       anesthesiologists.

         9                  We're in need of professionals.  We

        10       want people to have good incomes.  This has

        11       been a number-one priority of the New York

        12       Immigration Coalition this year.  And yet we

        13       have failed to pass that bill.  So that aspect

        14       of this bill is good.

        15                  But I am troubled by many of the

        16       questions that Chairman LaValle has raised and

        17       Senator Stavisky, our ranker, has raised about

        18       this two-year line.  To me, it raises some

        19       issues as to whether or not we would want

        20       those people training people who we would then

        21       certify to be dentists in the future.

        22                  So that I think there's good and

        23       bad here.  I think that the idea that we would

        24       tap into our new immigrants, who have the bona

        25       fides to be a dentist, I think that's great



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         1       and we should be doing more of it.  But I am

         2       troubled about the two-year thing.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Craig Johnson.

         6                  SENATOR CRAIG JOHNSON:    Thank

         7       you, Mr. President.

         8                  Will the sponsor yield for a couple

         9       of questions?

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Golden, will you yield?

        12                  SENATOR GOLDEN:    Yes.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       Senator will yield.

        15                  SENATOR CRAIG JOHNSON:    Thank

        16       you.  Thank you, Senator Golden.  Just a

        17       couple of questions.

        18                  Senator Golden, in your bill can

        19       you perhaps explain what "good moral

        20       character" would be?  The bill provides that

        21       to qualify for a restricted dental faculty

        22       license, among other things the applicant has

        23       to possess good moral character.  I'd like to

        24       get an understanding of what that would be.

        25                  SENATOR GOLDEN:    Mr. President,



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         1       that's current practice on every professional

         2       test that we have here in the State of

         3       New York.

         4                  SENATOR CRAIG JOHNSON:    Mr.

         5       President, will the sponsor continue to yield?

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Golden, will you continue to yield?

         8                  SENATOR GOLDEN:    One more

         9       question, Mr. President.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Johnson.

        12                  SENATOR CRAIG JOHNSON:    Mr.

        13       President, with respect to providing the

        14       dental services, does that also include

        15       periodontal work or oral surgery?  Or would

        16       this be simply limited to general dentistry

        17       practitioners?

        18                  SENATOR GOLDEN:    Mr. President, I

        19       do believe that everybody here knows that

        20       these are qualified dentists that have gone

        21       through six years of dentistry school before

        22       they do their two years of practice.  So they

        23       would be -- out of the last five years.

        24                  So the answer is yes, they would be

        25       doing that.



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         1                  ACTING PRESIDENT GRIFFO:    Thank

         2       you, Senator Golden.

         3                  Senator Johnson, on the bill?

         4                  SENATOR CRAIG JOHNSON:    On the

         5       bill, Mr. President.

         6                  I wish Senator Golden would have --

         7                  SENATOR GOLDEN:    If they were

         8       qualified surgeons to do that.

         9                  SENATOR CRAIG JOHNSON:    I'm

        10       sorry?

        11                  SENATOR GOLDEN:    If they were

        12       qualified surgeons to do that, yes.

        13                  SENATOR CRAIG JOHNSON:    Well,

        14       Senator Golden, would you please yield for

        15       another question?  Because you raised --

        16                  SENATOR GOLDEN:    I gave you the

        17       answers.

        18                  SENATOR CRAIG JOHNSON:    So will

        19       the Senator yield for another question?

        20                  SENATOR GOLDEN:    One more

        21       question, sir.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Johnson, he yields.

        24                  SENATOR CRAIG JOHNSON:    So is

        25       there a similar requirement -- if the dentist



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         1       is authorized in his home country or some

         2       other state to do surgery and then comes over

         3       here to practice dentistry, would this then

         4       cover him or her to do actual oral surgery?

         5       Or would they be required to get a similar

         6       license?  You know, because it's surgery, it's

         7       medicine practice, not dentistry.

         8                  SENATOR GOLDEN:    This is a

         9       restricted license that's issued by SED,

        10       worked out with SED and the Regents.

        11                  So we would say that SED, the

        12       Regents, the deans of the faculty and dean

        13       presidents would allow an incompetent

        14       individual to perform surgery?  I don't think

        15       so.

        16                  I think they're very studied on

        17       this.  They need these positions.  The

        18       universities have requested these positions.

        19       This is a bill that's been agreed upon in the

        20       Assembly and in SED and with the deans of all

        21       these universities.

        22                  Thank you, Mr. President.

        23                  SENATOR CRAIG JOHNSON:    Thank

        24       you, Senator Golden.

        25                  On the bill.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Johnson, on the bill.

         3                  SENATOR CRAIG JOHNSON:    Thank

         4       you, Mr. President.

         5                  Thank you, Senator Golden.

         6                  I have to admit -- and I first want

         7       to thank Senator LaValle for raising a number

         8       of issues.

         9                  And this has been a very

        10       informative debate, one, for a bill that I

        11       think deserves more debate and questions to be

        12       answered.  I think the last set of questions

        13       raises more questions.  Because the bill talks

        14       about dentistry, and what we understand going

        15       to the dentist is -- you know, maybe a teeth

        16       cleaning, maybe checking for cavities.

        17                  But now, when it comes to surgery

        18       and periodontal work, which requires putting a

        19       patient possibly under and having them go to

        20       sleep under anesthesia, all of a sudden I

        21       wonder whether or not this bill covers that or

        22       not.  I appreciate the answers from Senator

        23       Golden; I'm just unclear from the bill itself

        24       whether or not this is covered.

        25                  So I'm going to see if we have any



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         1       more debate on this issue, maybe some other

         2       information, before I can consider my vote.

         3                  But I thank you, Senator Golden,

         4       for your answers.

         5                  Thank you very much, Mr. President.

         6                  ACTING PRESIDENT GRIFFO:    Is

         7       there any other Senator wishing to be heard?

         8                  Senator Diaz.

         9                  SENATOR DIAZ:    Thank you,

        10       Mr. President.

        11                  I just rise to thank Senator

        12       Golden.  I heard him saying something when he

        13       was asked if these restricted dental faculty

        14       licenses will be issued to people from other

        15       countries, and he responded that, as long as

        16       they're qualified, from any part of the world.

        17                  We all know, Mr. President, that

        18       universities, the universities go all over the

        19       country, all over the world to find faculty.

        20       And they are very -- there are professional,

        21       very qualified people -- from China, from

        22       India, from Hispanic countries, Spain,

        23       Puerto Rico, Santo Domingo, Europe -- people

        24       that they have hired to come to the state to

        25       teach.



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         1                  What Senator Golden in this bill is

         2       asking for is those people that are qualified

         3       to be issued a restricted dental faculty

         4       license.  The department might issue a

         5       restricted dental faculty license to a

         6       full-time faculty member employed at an

         7       approved New York State school of dentistry.

         8                  I think that this is a wonderful

         9       bill.  It goes along with what this state and

        10       this nation is all about:  Open doors, help

        11       other people.  And I ask my colleagues -- I

        12       congratulate Senator Golden for this bill.

        13       And it is nothing new.

        14                  Universities again, I'm going to

        15       say, universities and schools, the Department

        16       of Education of the State of New York, they go

        17       out of the country to hire some people

        18       sometimes.  So they are qualified immigrants,

        19       qualified people that come, that are invited

        20       from different institutions to come to the

        21       state, to the nation to teach.

        22                  And this bill not only covers the

        23       people, the American citizens, it also covers

        24       people that are invited from other

        25       universities to come and teach and be a part



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         1       of the faculty of that university.

         2                  I approve this bill.  I think that

         3       this is a good bill.  I support this bill.

         4       And I congratulate Senator Golden for this

         5       magnificent piece of legislation.

         6                  Thank you.

         7                  ACTING PRESIDENT GRIFFO:    Is

         8       there any other Senator wishing to be heard?

         9                  Debate is closed.  The Secretary

        10       will ring the bell.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect February 1, 2009.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Robach, to explain his vote.

        19                  SENATOR ROBACH:    Yes,

        20       Mr. President.  I just want to rise to not

        21       only cast my vote in the affirmative -- this

        22       has been a great debate, but I think that

        23       clearly -- I'm just going to read a little

        24       dictate.

        25                  My colleague Senator Golden talked



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         1       about the need for these institutions to have

         2       this.  The U of R Dental Center is one of the

         3       best.  It not only treats a lot of people,

         4       young and old, that wouldn't have access to

         5       dental service; it does the academic piece; it

         6       actually has a dentalmobile that goes around

         7       to access this.

         8                  And they have a great director,

         9       Cyril Meyerowitz, who in his words -- one of

        10       the experts in the state, maybe in the

        11       country -- says:  "New York State Academic

        12       Dental Centers face numerous faculty vacancies

        13       due to retiring faculty and difficulties in

        14       recruiting new faculty for a number of

        15       reasons.  These faculty vacancies can have

        16       dire impacts on both the clinical capacity and

        17       education of future oral healthcare providers.

        18                  "New York Academic Dental Centers

        19       are at a competitive disadvantage with other

        20       dental schools across the country because we

        21       are unable to attract dentists with

        22       outstanding credentials because other states

        23       allow them to practice clinically while

        24       serving as faculty.  New York State is driving

        25       away the best, most-qualified candidates."



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         1                  This bill will rectify that.  It's

         2       very much needed.  I'm happy to cast my vote

         3       in the affirmative, Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Robach to be recorded in the affirmative.

         6                  Senator LaValle, to explain his

         7       vote.

         8                  SENATOR LaVALLE:    Thank you,

         9       Mr. President.

        10                  I certainly appreciate the

        11       discussion that we have had here on the floor.

        12                  One of the things that I think our

        13       committee has prided itself on is that when we

        14       hear, I think on a daily basis here, you know,

        15       New York is only one of three states or four

        16       states or the only state that hasn't adopted

        17       this legislation, the committee once again

        18       says, That's why we're the Empire State.

        19       That's why we believe in standards.  That's

        20       why we believe that we have provided our

        21       citizens with the greatest protection when we

        22       do professional licensure or an extension of

        23       scope of practice.

        24                  Senator Golden has indicated that

        25       he will make changes based on this debate.



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         1       Senator, I appreciate that.  I know we've had

         2       many, many discussions.

         3                  With that assurance, I vote in the

         4       affirmative, Mr. President.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       LaValle to be recorded in the affirmative.

         7                  Senator Stavisky, to explain her

         8       vote.

         9                  SENATOR STAVISKY:    Yes, thank

        10       you, Mr. President.

        11                  And I thank Senator Golden for his

        12       responsiveness and his willingness to consider

        13       a chapter amendment to resolve some of our

        14       concerns.

        15                  I represent a large immigrant

        16       population -- people from China, Korea,

        17       various parts of the former Soviet Union,

        18       South Asia, et cetera.  And I am very proud of

        19       the large immigrant population not only in my

        20       Senate district but in the City of New York.

        21                  They have come to this country with

        22       a vast background in their native land.  Many

        23       professionals come here seeking a better life.

        24       And it seems to me we ought to offer them

        25       every opportunity to take advantage of what we



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         1       have to offer and to give them the opportunity

         2       to meet our standards and become part of the

         3       fabric of our existence.

         4                  I think they offer the future of

         5       our city.  And for that reason, Mr. President,

         6       I vote aye.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Stavisky to be recorded in the affirmative.

         9                  Announce the results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 2169 are

        12       Senators L. Krueger and Stachowski.

        13                  Ayes, 60.  Nays, 2.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  Senator Libous.

        17                  SENATOR LIBOUS:    Mr. President,

        18       can we now take up Calendar Number 2173, by

        19       Senator Seward.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       2173, by Senator Seward, Senate Print 8624, an

        24       act to amend the Insurance Law.

        25                  SENATOR KLEIN:    Explanation.



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Klein requests an explanation, Senator Seward.

         3                  SENATOR SEWARD:    Certainly,

         4       Mr. President.

         5                  Senate Bill 8624 extends or makes

         6       permanent a number of important property and

         7       casualty provisions which are currently due to

         8       expire on June 30th of this year.  This

         9       includes the New York Property Insurance

        10       Underwriting Association, so-called NYPIUA.

        11       This legislation would make NYPIUA permanent.

        12                  The bill would also extend for

        13       three years certain other property and

        14       casualty provisions which have proven to be

        15       important to insuring a very stable property

        16       and casualty market.

        17                  This bill also includes provisions

        18       to authorize auto insurers to increase or

        19       decrease their private passenger auto

        20       insurance premiums within a band of 5 percent

        21       up or down.

        22                  The bill, in addition, would make

        23       some other changes to NYPIUA.  It would direct

        24       NYPIUA to develop a program to provide

        25       incentives for private-market insurers to



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         1       write homeowner's insurance in our coastal

         2       areas.  And the bill would also authorize

         3       NYPIUA to write broader coverage in our

         4       coastal areas and other areas in the state and

         5       provide broader coverage when written in

         6       conjunction with a wraparound policy provided

         7       by a private carrier.

         8                  The legislation would also include

         9       a coastal market assistance program, the CMAP

        10       program, put that in statute.  It would re-up

        11       the special advisory panel to look at problem

        12       areas of our state in terms of the

        13       availability and affordability of homeowner's

        14       insurance.

        15                  And finally, the legislation would

        16       require the superintendent of insurance to

        17       implement a program to attract more

        18       competitors to the state's homeowner's

        19       insurance market.

        20                  So this bill is a comprehensive

        21       bill which I believe will make a positive

        22       contribution to making property and casualty

        23       insurance available to more New Yorkers at an

        24       affordable rate.

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Breslin.

         2                  SENATOR BRESLIN:    Thank you,

         3       Mr. President.

         4                  Would the sponsor yield for a

         5       question or two.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Seward, will you yield?

         8                  SENATOR SEWARD:    Certainly.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Breslin.

        11                  SENATOR BRESLIN:    Through you,

        12       Mr. President, the part of the bill dealing

        13       with flex rating, can you tell us where

        14       New York State ranks in auto insurance in

        15       terms of cost?

        16                  SENATOR SEWARD:    Mr. President,

        17       we rank somewhere between two and three in

        18       terms of the cost of auto insurance.

        19                  But I might mention that if you

        20       look at the NAIC information, those states

        21       that have these fewer controls on the

        22       rate-setting of auto insurance, they're about

        23       10 percent lower than the group of -- than

        24       other states.

        25                  SENATOR BRESLIN:    Through you



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         1       again, Mr. President, would the sponsor

         2       continue to yield.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Seward, will you yield?

         5                  SENATOR SEWARD:    Certainly.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Breslin.

         8                  SENATOR BRESLIN:    Senator Seward,

         9       do you know of any studies other than the NAIC

        10       report, any other studies that have been done

        11       on the allowance of increase in rates without

        12       some sort of analysis?

        13                  SENATOR SEWARD:    Well,

        14       Mr. President, I think we can just look to our

        15       own experience right here in New York State.

        16       Up until the year 2001, for many years we had

        17       flex rating in New York State.  In fact, it

        18       was at a 7 percent band at that time, so it

        19       was actually a larger band.  And we did see

        20       premiums fall at that time.

        21                  So I think our own experience here

        22       in New York indicates that this is a positive

        23       policy.  That law expired in 2001 and has not

        24       been re-upped.  That's what we intend to do in

        25       this legislation, in conjunction with a whole



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         1       host of other changes that I have outlined.

         2                  SENATOR BRESLIN:    And again

         3       through you, Mr. President, if the sponsor

         4       would continue to yield.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Seward yields.

         7                  SENATOR SEWARD:    Yes.

         8                  SENATOR BRESLIN:    Through you,

         9       Mr. President, since 2001, can you tell us the

        10       increase or decrease in automobile premiums in

        11       the State of New York?

        12                  SENATOR SEWARD:    Well,

        13       Mr. President, after the flex rating that we

        14       previously had in law expired, the two years

        15       following that we saw auto insurance rise for

        16       the two-year period just over 13 percent.

        17                  Now, in more recent years we have

        18       seen a increase in auto insurance in New York

        19       State, I think for a number of factors, one of

        20       which is the department, administratively, is

        21       being much more aggressive in terms of

        22       fighting fraud.

        23                  And one of the problems that we're

        24       hoping to correct in this legislation,

        25       Mr. President, is the fact that when an



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         1       insurance company -- in these times when we

         2       have seen decreasing auto insurance rates,

         3       we've had companies in this state that have

         4       had pending applications for decrease of their

         5       rates pending at the Insurance Department for

         6       months on end.  And the consumers of our state

         7       have been paying more than they should have

         8       during those months.

         9                  So this is what we're attempting to

        10       correct under this legislation.

        11                  SENATOR BRESLIN:    Again through

        12       you, Mr. President, if the sponsor would

        13       continue to yield.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Seward, do you yield?

        16                  SENATOR SEWARD:    Certainly.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Breslin.

        19                  SENATOR BRESLIN:    Can you tell

        20       us, if you know, of the companies in New York

        21       State that are licensed to do business in the

        22       automobile insurance, how many of them have

        23       applied for a decrease in their rates during

        24       the past year?

        25                  SENATOR SEWARD:    I must say, I



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         1       don't have that information readily available

         2       to me.

         3                  SENATOR BRESLIN:    And again

         4       through you, Mr. President, if the sponsor

         5       would continue to yield.

         6                  SENATOR SEWARD:    Certainly.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Seward yields.

         9                  SENATOR BRESLIN:    Is there any

        10       concern at all that the placing of flex rating

        11       in the law would encourage a particular

        12       automobile insurer to arbitrarily raise rates,

        13       given the fact that he would need no prior

        14       approval?

        15                  SENATOR SEWARD:    Well,

        16       Mr. President, I would answer Senator Breslin

        17       this way.  The auto insurance market is quite

        18       competitive, quite competitive in New York

        19       State.  There are a lot of players, a lot of

        20       companies want to write business in this

        21       state.

        22                  And I would say that if a company

        23       just said, Well, okay, we're going to raise

        24       our rates 4.9 percent because we can, I would

        25       find that that company would be at a serious



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         1       competitive disadvantage and they would lose

         2       market share considerably because there are so

         3       many other players that would be offering a

         4       lower rate and that they would pick up that

         5       market share.

         6                  So I do not have the fears that you

         7       have outlined because of the competitive

         8       nature of our market.  And the passage of this

         9       legislation I predict will make our market

        10       here in New York even more competitive and

        11       entice more companies to write business here;

        12       thus, more benefits to the consumer.

        13                  SENATOR BRESLIN:    And again

        14       through you, Mr. President, if the sponsor

        15       would continue to yield.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Seward, do you yield?

        18                  SENATOR SEWARD:    Yes, I do.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Breslin.

        21                  SENATOR BRESLIN:    Are there any

        22       situations within this bill where there is the

        23       possibility of an increase in premiums over

        24       and above the 5 percent cap?

        25                  SENATOR SEWARD:    Well,



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         1       Mr. President, only in the situation -- it's

         2       very limited -- but because it's an average,

         3       that that would exceed the 5 percent.

         4                  SENATOR BRESLIN:    Then again,

         5       through you, Mr. President, if the sponsor

         6       would continue to yield.

         7                  SENATOR SEWARD:    Yes.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Seward yields.

        10                  SENATOR BRESLIN:    Can you tell us

        11       to what would be the greatest level increase

        12       that would be possible under the legislation?

        13                  SENATOR SEWARD:    Well,

        14       Mr. President, the counsel informs me that

        15       since it's not specified in this legislation,

        16       I really don't have the answer for you.

        17                  SENATOR BRESLIN:    Again through

        18       you, Mr. President, if the sponsor would

        19       continue to yield.

        20                  SENATOR SEWARD:    Yes.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Seward yields, Senator Breslin.

        23                  SENATOR BRESLIN:    Then would

        24       there be any concern on your part that that

        25       might be a particular loophole in the



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         1       legislation which would afford companies to

         2       increase it to a greater extent?

         3                  SENATOR SEWARD:    Well,

         4       Mr. President, I don't have those fears

         5       because in fact we are, under this bill,

         6       decreasing the band from 7, what had been the

         7       law in New York, down to 5.  And it did not

         8       seem to be a problem previously.  And it would

         9       be even less of a problem under this

        10       legislation.

        11                  SENATOR BRESLIN:    Thank you,

        12       Senator Seward.

        13                  On the bill.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Breslin, on the bill.

        16                  SENATOR BRESLIN:    Thank you,

        17       Mr. President.

        18                  The NYPIUA portion of this bill I

        19       think is long, long overdue.  We have been in

        20       this chamber -- I have been here 12 years

        21       arguing for permanency of NYPIUA because it

        22       does so much to -- particularly on Long Island

        23       for coastal flooding, but in areas where it's

        24       difficult arriving at coverage and the

        25       inability to plan because of our two-year



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         1       sunsets on NYPIUA.  And this bill will take

         2       care of that.

         3                  I am concerned, on the automobile

         4       insurance side, of placing the burden with

         5       automobile carriers and giving them the

         6       ability to really raise rates without prior

         7       approval.

         8                  What does prior approval do?  It

         9       scares the insurance company into doing their

        10       homework, and it allows them to come before

        11       the Insurance Department provide their

        12       analysis, and have professionals weigh in on

        13       that analysis.

        14                  However, in other states --

        15       Illinois is being one good example -- when

        16       they have deregulated and left it to market

        17       conditions, those market conditions have

        18       worked extraordinarily well.

        19                  So I will, on this bill, vote

        20       overwhelmingly for the NYPIUA portion and

        21       somewhat grudgingly on the automobile portion.

        22       But in all, I will vote aye on this

        23       legislation.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Klein.

         2                  SENATOR KLEIN:    Mr. President,

         3       would the sponsor yield for a couple of

         4       questions.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Seward, do you yield for a couple of

         7       questions?

         8                  SENATOR SEWARD:    Certainly,

         9       Mr. President.

        10                  SENATOR KLEIN:    Thank you,

        11       Mr. President.  Through you.

        12                  I'll, I guess, limit my questioning

        13       to the portion on the property loss

        14       mitigation, because my colleague already asked

        15       the questions about the car insurance.

        16                  In your bill memo, Senator Seward,

        17       the public benefit corporation provides grants

        18       that minimize the effects of catastrophic

        19       residential property losses.  Can you explain

        20       that?

        21                  It's part of establishing the

        22       property loss mitigation public benefit

        23       corporation.

        24                  SENATOR SEWARD:    Mr. President.

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Seward.

         2                  SENATOR SEWARD:    I'm sorry for

         3       the delay in getting the answer to you.

         4       Apparently you are reading from a dated memo.

         5       The mitigation portion of the legislation,

         6       that has been deleted from the actual bill.

         7                  SENATOR KLEIN:    So there's no

         8       grants to assist homeowners who are --

         9                  SENATOR SEWARD:    Mr. President,

        10       that is correct.

        11                  Personally, I think that's a

        12       positive thing to do.  But that's perhaps

        13       something we will get to another year.  We'll

        14       get to that another time.

        15                  SENATOR KLEIN:    Through you,

        16       Mr. President, I have a couple more questions

        17       for the sponsor.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Seward, do you continue to yield?

        20                  SENATOR SEWARD:    Certainly,

        21       Mr. President.

        22                  SENATOR KLEIN:    What we're

        23       actually doing here as far as this legislation

        24       today, what are we doing to ensure that

        25       homeowners who happen to live near coastal



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         1       areas won't have their insurance just dropped

         2       in an arbitrary manner by the carrier?

         3                  SENATOR SEWARD:    Well,

         4       Mr. President, this legislation does not,

         5       shall we say, specifically address that

         6       situation.

         7                  Although it does, in a way, because

         8       it does help to stabilize the market in the

         9       coastal areas.  Because it expands the role of

        10       NYPIUA, and it also requires NYPIUA to develop

        11       a program to help provide incentives for the

        12       private-market carriers to go into those areas

        13       of our state and also, in addition to that,

        14       directs the superintendent to develop and

        15       implement a program to do the exact same

        16       thing.

        17                  So what we're attempting to do here

        18       is to create a more vibrant market in the

        19       coastal areas of our state so that homeowners

        20       will not, in the situation as you describe,

        21       have their coverage dropped.  But we're also

        22       creating a better safety net for them if that

        23       should occur.

        24                  SENATOR KLEIN:    Again through

        25       you, Mr. President, will the sponsor continue



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         1       to yield for another question.

         2                  ACTING PRESIDENT GRIFFO:    Does

         3       the sponsor yield?

         4                  SENATOR SEWARD:    Certainly.

         5       Certainly.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       sponsor yields.

         8                  SENATOR KLEIN:    Thank you.

         9       Through you, Mr. President.

        10                  Is there anything in this

        11       legislation that will study the issue of

        12       whether or not certain coastal regions within

        13       the State of New York -- in the Bronx, in Long

        14       Island -- are truly in hurricane zones?

        15                  SENATOR SEWARD:    Mr. President,

        16       that is the responsibility of the special

        17       advisory panel on homeowner's insurance and

        18       catastrophe coverage.  It's their

        19       responsibility to study and then make

        20       recommendations regarding the problems that

        21       are experienced in these sections of the

        22       state.

        23                  SENATOR KLEIN:    Again through

        24       you, Mr. President, will the sponsor continue

        25       to yield.



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         1                  ACTING PRESIDENT GRIFFO:    Will

         2       the sponsor yield?

         3                  SENATOR SEWARD:    Certainly.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Klein.

         6                  SENATOR KLEIN:    Again, I know

         7       making this group permanent tends to be, I

         8       gues, a benefit for people who have homeowner

         9       insurance.

        10                  Can you just elaborate on how this

        11       would make it more effective for the homeowner

        12       in being able to obtain reasonable homeowner

        13       insurance if they live in a community that

        14       happens to be a coastal community?

        15                  SENATOR SEWARD:    Well,

        16       Mr. President, I'm a great believer in a

        17       healthy insurance market.  In other words, if

        18       more carriers are willing to write in a

        19       region -- and we've seen some withdrawal in

        20       the coastal areas.  And if we provide for a

        21       more vibrant market in those regions, that --

        22       if you believe in market conditions affecting

        23       the price, then that should impact, in a very

        24       positive way, these homeowners.

        25                  And that's why we, as I've said



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         1       before, direct NYPIUA to help provide

         2       incentives to the private-market insurers to

         3       write more homeowner's insurance in these

         4       regions and, once again, the superintendent to

         5       do the same.

         6                  So I cannot cite the specifics, but

         7       we are doing -- what we are doing under this

         8       legislation is we're setting the foundation

         9       and framework for going forward in a positive

        10       way for those homeowners.

        11                  SENATOR KLEIN:    Thank you,

        12       Senator Seward.

        13                  Mr. President, on the bill.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Klein, on the bill.

        16                  SENATOR KLEIN:    I know Senator

        17       Seward has the best intentions in making sure

        18       that individuals both have reasonable car

        19       insurance and coastal insurance policies if

        20       their homes happen to be near the water.

        21                  The first half of the legislation I

        22       think is only going to increase our car

        23       insurance by actually bringing the flexible

        24       rating system to New York on a permanent

        25       basis.



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         1                  According to a memo that was

         2       jointly prepared by NYPIRG, CFA, and Consumers

         3       Union, it found that -- Consumer Federation of

         4       America found that rates rose significantly

         5       more slowly over the last 20 years in states

         6       that require prior approval than in states

         7       with weaker regulatory systems.

         8                  So in other words, we're moving

         9       away from the prior approval system to the

        10       flexible rate.  And I'm just concerned that

        11       it's going to cause our automobile policies to

        12       go up even further than they are.  New York

        13       State presently has the dubious distinction of

        14       having the second-highest automobile insurance

        15       premiums in the country, and I'm afraid we may

        16       reach that number-one mark under this system.

        17                  The second area, dealing with the

        18       property casualty insurance, I think is

        19       missing a lot of very important components.

        20                  One of the things that I found last

        21       year and continues this year, in the areas

        22       that I represent -- and I also hear stories

        23       about it happening out on Long Island as

        24       well -- is that certain insurers were just

        25       arbitrarily not renewing policies to



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         1       homeowners in certain areas.  What we did find

         2       out is if they had their automobile policy

         3       with the insurer as well their homeowner

         4       policy, they were left alone.

         5                  The Superintendent of Insurance,

         6       Eric Dinallo, investigated that, and it

         7       stopped happening.  The problem is those

         8       people who were canceled, those people who

         9       weren't renewed, were forced to pay anywhere

        10       from $500 to $1,000 more every year for their

        11       homeowner policy.

        12                  So we're still in a situation now

        13       where some insurance companies are actually

        14       cherry-picking.  They're going into

        15       communities that happen to be near the water

        16       and claiming that they're in a hurricane zone,

        17       without any real concrete scientific evidence

        18       to back that up, and not renewing policies.

        19                  So I think what we need to address

        20       in this legislative session -- and of course

        21       we're not going to be able to do it now, but

        22       hopefully over the summer -- is truly address

        23       the problem of people who are having their

        24       policies -- receiving nonrenewal notices from

        25       their insurance companies and if they choose



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         1       to go to another insurance company, they're

         2       paying hundreds and even thousands of dollars

         3       more for their homeowner policy.

         4                  I've introduced legislation, as a

         5       matter of fact last year, which I think will

         6       deal with the problem.  First, presently under

         7       New York State law any insurance company can

         8       only cancel up to 4 percent of their policies

         9       in New York State.  I want to lower that

        10       number to 2 percent.  Because clearly what

        11       Allstate and a lot of the other insurance

        12       companies are doing, time and time again, is

        13       they're getting very, very close to that

        14       4 percent mark -- again, by cherry-picking the

        15       policies they don't want -- and people are

        16       losing their insurance, people who had their

        17       insurance for 25 or 30 years.

        18                  The next part of the legislation,

        19       which I think is also just as important, I

        20       think we need to force the insurance industry,

        21       before they cancel or fail to renew a

        22       homeowner's policy, to give a reason.  They

        23       have to give a cost-benefit analysis

        24       explaining exactly why they're not renewing a

        25       policy that never made a claim in 25 or



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         1       30 years.

         2                  And then finally, and this is the

         3       question I asked of Senator Seward, I think

         4       the Insurance Superintendent of the Department

         5       of Insurance in New York State should once and

         6       for all do an independent study to find out in

         7       coastal regions within the State of New York,

         8       if certain communities that I represent, and

         9       many of my colleagues, are truly in a

        10       hurricane zone.

        11                  I think what's happening here is

        12       the insurance industry is hoping that we can

        13       create sort of national panic, have a

        14       catastrophic damage fund where taxpayer

        15       dollars are paying for loss mitigation which

        16       you're paying for as part of your homeowner

        17       insurance.

        18                  So I think we need to do a lot more

        19       than we're doing in this legislation.

        20       However, I think that in this piece the

        21       homeowner piece does make some improvements.

        22       I vote no because I think the part which deals

        23       with automobile insurance will only raise our

        24       rates further than they are now.

        25                  Thank you, Mr. President.



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         1                  ACTING PRESIDENT GRIFFO:    Is

         2       there any other Senator wishing to be heard?

         3                  The debate is closed.  The

         4       Secretary will ring the bell.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 24.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       LaValle, to explain his vote.

        13                  SENATOR LaVALLE:    Thank you,

        14       Mr. President.

        15                  I want to congratulate Senator

        16       Seward for his leadership on this issue.  This

        17       issue has been very daunting for the people of

        18       Long Island who have not, in so many

        19       instances, been able to receive insurance.

        20       Many cancellations.

        21                  Senator Klein, I had sponsored the

        22       4 percent bill that you've referred to.

        23                  But Senator Seward held a hearing

        24       on Long Island, and Superintendent Dinallo

        25       testified.  And one of the things that we



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         1       found through that hearing was that many of

         2       the provisions in this bill were recommended

         3       by the agents, by some of those testifying,

         4       and even the superintendent himself.

         5                  So I think this bill will give

         6       finality for people.  As a matter of fact, in

         7       our law office one of the conditions that we

         8       had to put into our contract in order to

         9       protect a seller is a condition that the buyer

        10       not only have an approved mortgage but also

        11       availability of insurance.  It reached that

        12       height where we would get to a closing and

        13       people didn't have insurance.

        14                  So with this legislation, we will

        15       deal with the availability issue.

        16                  Mr. President, I vote yes.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       LaValle to be recorded in the affirmative.

        19                  Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 2173 are

        22       Senators Adams, Connor, DeFrancisco, Dilan,

        23       Duane, Gonzalez, Hassell-Thompson, Klein,

        24       Libous, Parker, Savino and Stavisky.  Also

        25       Senators L. Krueger and Sampson.



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         1                  Absent from voting:  Senator C.

         2       Kruger.

         3                  Ayes, 47.  Nays, 14.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  Senator Skelos.

         7                  SENATOR SKELOS:    Mr. President,

         8       would you please call up Calendar Number 2172.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       2172, by Senator Seward, Senate Print 8354B,

        13       an act to amend the Insurance Law.

        14                  SENATOR BRESLIN:    Explanation.

        15                  ACTING PRESIDENT GRIFFO:

        16       Explanation requested by Senator Breslin,

        17       Senator Seward.

        18                  SENATOR SEWARD:    Certainly,

        19       Mr. President.

        20                  This legislation, which is an

        21       agreed-upon bill with the Assembly and one

        22       that we worked on very closely with the

        23       Insurance Department on, takes a number of

        24       steps to enhance the integrity of health

        25       insurance premiums.  And it does so in a



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         1       number of ways.

         2                  The bill increases the medical

         3       minimum loss ratio from 75 to 80 percent for

         4       the small group market.  This means that at

         5       least 80 cents of every premium dollar must go

         6       to pay health care claims for services.

         7                  The bill also establishes clear

         8       definitions and standards for calculating the

         9       medical loss ratios.  It provides a specific

        10       method for calculating direct claims incurred.

        11       This is designed to eliminate the gaming

        12       that's used by certain health plans whereby

        13       they deliberately miscalculate their minimum

        14       loss ratios.

        15                  The current test for meeting the

        16       minimum loss ratios is ambiguous and subject

        17       to manipulation.  This bill will assist the

        18       Insurance Department in better monitoring

        19       these plans.

        20                  The bill further strengthens

        21       certification requirements by requiring that

        22       the insurers affirm, under penalty of perjury,

        23       that their rate filing was prepared in

        24       accordance with generally accepted actuarial

        25       principles.



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         1                  The legislation would reinstate

         2       prior approval for insurers who materially

         3       misrepresent their medical loss ratios in two

         4       consecutive years.

         5                  And finally -- two more points,

         6       Mr. President -- the bill clarifies the

         7       in-network, out-of-network charges by

         8       prohibiting health insurers from charging a

         9       patient out-of-network, more expensive rates

        10       for hospital services in an in-network

        11       hospital, even when the physician performing

        12       the services may be out of network, and vice

        13       versa, when the patient cannot be charged

        14       under this bill out-of-network rates for

        15       services performed by an in-network physician

        16       even when it maybe be performed in an

        17       out-of-network hospital.

        18                  And finally, Mr. President, the

        19       legislation reduces the required time for an

        20       insurer to pay claims for healthcare providers

        21       when the claim is submitted electronically.

        22       It goes from 45 days to 21 days.  And that

        23       will not only encourage more claims to be

        24       submitted electronically but gets the money in

        25       the pocket of our local hospitals and



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         1       healthcare providers sooner.  The claims that

         2       are submitted in written form would still be

         3       at that 45-day level.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Breslin.

         6                  SENATOR BRESLIN:    Thank you,

         7       Mr. President.

         8                  Would the sponsor yield for a few

         9       questions.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Seward, do you yield?

        12                  SENATOR SEWARD:    Certainly,

        13       Mr. President.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Breslin.

        16                  SENATOR BRESLIN:    Thank you,

        17       Mr. President.  Through you.

        18                  This bill does not, other than for

        19       a penalty's sake, establish any sort of prior

        20       approval; is that correct?

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Seward.

        23                  SENATOR SEWARD:    Could Senator

        24       Breslin repeat the question?  I didn't quite

        25       understand it.  Or I couldn't hear him.



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         1                  SENATOR BRESLIN:    Again through

         2       you, Mr. President, does this bill, other than

         3       for the penalty for a carrier, allow anything

         4       other than prior -- excuse me, prior approval?

         5                  SENATOR SEWARD:    Mr. President,

         6       this bill maintains all of the current

         7       sanctions that the department can impose.  But

         8       it imposes the prior approval on, shall we

         9       say, the bad actors, to ensure -- what we're

        10       attempting to do here is ensure that premium

        11       payers in New York State do not pay one nickel

        12       more than they should for their health

        13       insurance.

        14                  SENATOR BRESLIN:    And again

        15       through you, Mr. President, could you explain

        16       to us what the alternative to prior approval,

        17       file and use, which has been going on for some

        18       eight to 10 years, what that is?

        19                  SENATOR SEWARD:    Well,

        20       Mr. President, each year the health plans file

        21       information, a whole set of data with the

        22       Insurance Department, and also indicate the

        23       rates that they are going to charge for the

        24       ensuing year.

        25                  And under file and use, which is in



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         1       place currently, the department has an

         2       opportunity, as the year goes by, to monitor

         3       very closely the health plans to make sure

         4       that they are meeting their medical loss

         5       ratios.  And then, in the event that they do

         6       not meet those loss ratios, under current law,

         7       the plans are required to issue a refund.

         8                  And in fact, just recently there

         9       was a $50 million refund required to be paid

        10       by one of the plans.

        11                  And this legislation, in addition

        12       to those types of sanctions it would impose,

        13       if this happens twice, then they've got to be

        14       to go into the prior approval for three years.

        15                  SENATOR BRESLIN:    Thank you,

        16       Senator Seward.  On the bill.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Breslin, on the bill.

        19                  SENATOR BRESLIN:    Thank you,

        20       Mr. President.

        21                  This bill cleans up the medical

        22       loss ratio --

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Breslin, excuse me.

        25                  Can we have some order, please.



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         1                  Senator Breslin, on the bill.

         2                  SENATOR BRESLIN:    It cleans up

         3       the medical loss ratio and makes it more

         4       consistent and directs that HMOs spend a

         5       certain amount of money for the medical

         6       services.

         7                  However, it continues a file and

         8       use policy.  And HMOs, over the last number of

         9       years, have used this file and use policy.

        10       Some people call it file and abuse.

        11                  And what does file and use allow a

        12       company to do?  It really allows them to file

        13       a rate and then use it.  And there isn't that

        14       strong check and balance where an HMO would

        15       say:  Gee whiz, I've got to have this

        16       approved, and I've got to have this analyzed.

        17       So they tend, as most of us would, to file a

        18       higher rate than possibly is necessary.

        19                  And there was a study done which

        20       analyzed HMOs in New York State from 2001 to

        21       2005 which showed that their profits increased

        22       just under 100 percent while, at the same

        23       time, the number of people they were serving

        24       decreased, the amounts of money they gave to

        25       providers, hospitals and doctors also



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         1       decreased, and at the same time, their

         2       expenses went up.

         3                  File and use is abused.  The proper

         4       way to -- particularly when people are

         5       spending tremendous sums of money for their

         6       health policies, where bargaining units for

         7       unions, the most important thing is to keep

         8       that health component.  And if we know that

         9       HMOs, as part of that component, are making

        10       extraordinary amounts of money, it's unfair.

        11                  The way to change that is to make

        12       sure that there is prior approval.  And

        13       accordingly, because of the lack of a prior

        14       approval in this legislation and the

        15       continuation of file and use, I will be voting

        16       in the negative.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT GRIFFO:    Any

        19       other Senator wishing to be heard?

        20                  Debate is closed.  The Secretary

        21       will ring the bell.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 15.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 2172 are

         5       Senators Adams, Aubertine, Breslin, Connor,

         6       Dilan, Duane, Gonzalez, Hassell-Thompson,

         7       Huntley, C. Johnson, Klein, L. Krueger,

         8       Montgomery, Onorato, Oppenheimer, Parker,

         9       Perkins, Sabini, Sampson, Savino,

        10       Schneiderman, Serrano, Smith, Stachowski,

        11       Stavisky, Stewart-Cousins, Thompson and

        12       Valesky.

        13                  Absent from voting:  Senator C.

        14       Kruger.

        15                  Ayes, 33.  Nays, 28.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       2184, by Senator Nozzolio, Senate Print 8714,

        22       an act to amend the Criminal Procedure Law and

        23       others.

        24                  SENATOR SCHNEIDERMAN:

        25       Explanation.



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         1                  ACTING PRESIDENT MAZIARZ:    Oh,

         2       Senator Schneiderman has asked for an

         3       explanation.  On the last day of session, an

         4       explanation, Senator Nozzolio.  Requested by

         5       Senator Schneiderman on the last day of

         6       session.

         7                  (Laughter.)

         8                  SENATOR NOZZOLIO:    Thank you,

         9       Mr. President.

        10                  I wish to thank Senator

        11       Schneiderman for the tremendous opportunity to

        12       inform my colleagues about this wonderful

        13       measure that is now before us for

        14       consideration.

        15                  Unfortunately, it's before us for

        16       consideration because of a loophole that

        17       judges of this state exhibited that would have

        18       resulted in freeing over 500 inmates onto the

        19       streets, many of whom are violent inmates,

        20       without any parole supervision.

        21                  This measure requires those courts,

        22       which failed to properly impose sentences as

        23       we have required by the states we have

        24       enacted, to immediately resentence those

        25       inmates affected by those judicial errors;



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         1       establishes a procedure so that the Department

         2       of Correctional Services as well as the

         3       New York State Department of Parole can

         4       identify these cases that caused the courts to

         5       initiate resentences; puts a very specific

         6       time frame of which these must be acted upon;

         7       and also provides opportunities for the

         8       district attorneys to cure whether

         9       procedurally that's likely and possible to do.

        10                  That this measure highlights also,

        11       in our criminal justice system, the important

        12       role of parole supervision.  Violent felons do

        13       their time, but it's very important once they

        14       are released -- and let me parenthetically

        15       state, we have aggressively established a zero

        16       tolerance for violence in this state.

        17                  Mr. President, this measure is one

        18       that's necessary, and that the parole officers

        19       who can ensure that appropriate supervision is

        20       placed upon those inmates who are let out of

        21       jail upon the conclusion of their sentence

        22       play a very, very important role in our entire

        23       criminal justice system.

        24                  Thank you, Mr. President.

        25                  Thank you, Senator Schneiderman.



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         1                  ACTING PRESIDENT MAZIARZ:    Thank

         2       you, Senator Nozzolio.

         3                  Senator Schneiderman.

         4                  SENATOR SCHNEIDERMAN:    Thank you,

         5       Mr. President.  If the sponsor would yield for

         6       a brief question or two.

         7                  ACTING PRESIDENT MAZIARZ:

         8       Senator Nozzolio, would you yield for a brief

         9       question from Senator Schneiderman?

        10                  SENATOR NOZZOLIO:    Yes, thank

        11       you, Mr. President, I'll be happy to yield.

        12                  ACTING PRESIDENT MAZIARZ:

        13       Senator Schneiderman.

        14                  SENATOR SCHNEIDERMAN:    Yes,

        15       through you, Mr. President, I just wanted to

        16       clarify that this final version of the bill

        17       does not including any grant of immunity that

        18       would enable any participant in the system to

        19       avoid liability for negligent or willfully

        20       wrongful misconduct.

        21                  ACTING PRESIDENT MAZIARZ:

        22       Senator Nozzolio.

        23                  SENATOR NOZZOLIO:    Mr. President,

        24       I thank Senator Schneiderman for that

        25       question.



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         1                  That an earlier draft of the

         2       proposed legislation raised questions in that

         3       regard, and those provisions were excluded

         4       from the bill that we are voting on this

         5       afternoon.

         6                  SENATOR SCHNEIDERMAN:    Thank you.

         7                  Mr. President, I'd like to thank

         8       the sponsor for his answers.  I --

         9                  ACTING PRESIDENT MAZIARZ:

        10       Senator Schneiderman, on the bill.

        11                  SENATOR SCHNEIDERMAN:    I am going

        12       to speak on the bill, Mr. President, if you

        13       will allow me to do so.

        14                  ACTING PRESIDENT MAZIARZ:

        15       Senator Schneiderman.

        16                  SENATOR SCHNEIDERMAN:    Thank you.

        17       Thank you.

        18                  This is actually a success story,

        19       because the need for this legislation was

        20       created by a Court of Appeals decision in a

        21       called People v. Sparber.

        22                  Unfortunately, even though by

        23       statute we require courts to impose sentences

        24       if they are to include post-release

        25       supervision that state at the time of



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         1       sentencing that they're including post-release

         2       supervision, some judges have gotten sloppy

         3       and would only write down on the commitment

         4       sheet that there was post-release supervision

         5       required.

         6                  The Court of Appeals ordered on

         7       April 29th that they were going to have to

         8       release a number of prisoners if we didn't

         9       correct these illegal sentences.  There's

        10       strong public policy in New York State that

        11       you have to undo an illegal sentence.

        12                  So I want to compliment the sponsor

        13       and the staff and the Assembly staff who got

        14       together and in very, very quick order worked

        15       out a compromise bill that does provide an

        16       alternative sentence, does provide for a

        17       resentencing hearing where it is necessary.

        18                  And, you know, for whoever was

        19       doing this, Senator Nozzolio or the staff or

        20       the Codes Committee staff, you somehow got the

        21       Assembly Codes Committee to actually agree on,

        22       draft and pass a bill that is going to

        23       increase certain people's sentences.  I have

        24       been here nine years.  I don't think I've ever

        25       seen that, ladies and gentlemen.



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         1                  So it's fine that we were able --

         2       it's really wonderful that we were able to do

         3       this so quickly at the end of the session.  I

         4       didn't think we were going to able to get this

         5       done.

         6                  So kudos to all who worked on it,

         7       and to you, Mr. President.  Better luck next

         8       year on the "Wounded Bear Chasing Children

         9       through the Woods Act."

        10                  ACTING PRESIDENT MAZIARZ:

        11       Senator Schneiderman, your compliments to

        12       Senator Nozzolio are noted for the record.

        13                  Any other Senators wish to speak on

        14       the bill?

        15                  The debate is closed.  The

        16       Secretary will ring the bell.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 9.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT MAZIARZ:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 2184:  Ayes, 60.  Nays, 1.

        25       Senator Duane recorded in the negative.



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         1                  Senator C. Kruger absent from

         2       voting.

         3                  ACTING PRESIDENT MAZIARZ:    The

         4       bill is passed.

         5                  Senator Libous.

         6                  SENATOR LIBOUS:    We want to

         7       return to motions and resolutions.

         8                  And I believe you should call on

         9       Senator Robach.

        10                  ACTING PRESIDENT MAZIARZ:

        11       Motions and resolutions.

        12                  The chair recognizes Senator

        13       Robach.

        14                  SENATOR ROBACH:    Yes, Mr.

        15       President, I wish to call up Senate Print

        16       Number 2393A, recalled from the Assembly,

        17       which is now at the desk.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       2189, by Senator Leibell, Senate Print 2393A,

        22       an act to amend the Labor Law.

        23                  SENATOR ROBACH:    Mr. President, I

        24       now move to reconsider the vote by which the

        25       bill was passed and ask that the bill be



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         1       restored to the order of third reading.

         2                  ACTING PRESIDENT MAZIARZ:    Call

         3       the roll on reconsideration.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 62.

         6                  SENATOR ROBACH:    Mr. President, I

         7       now move to discharge, from the Committee on

         8       Rules, Assembly Print Number 2124A and

         9       substitute it for the identical Senate bill.

        10                  ACTING PRESIDENT MAZIARZ:

        11       Substitution ordered.

        12                  Senator Robach.

        13                  SENATOR ROBACH:    The Senate bill

        14       on first passage was voted unanimously.  I now

        15       move that the substituted Assembly bill have

        16       its third reading at this time, on behalf of

        17       Senator Leibell.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       2189, by Member of the Assembly John, Assembly

        22       Print Number 2124A, an act to amend the Labor

        23       Law.

        24                  ACTING PRESIDENT MAZIARZ:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT MAZIARZ:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 62.

         7                  ACTING PRESIDENT MAZIARZ:    The

         8       bill is passed.

         9                  Senator Libous.

        10                  SENATOR LIBOUS:    Mr. President,

        11       on Supplemental Calendar Number 64B may we

        12       take up Calendar 2179, noncontroversial.

        13                  ACTING PRESIDENT MAZIARZ:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       2179, by the Senate Committee on Rules, Senate

        17       Print 8682B, an act to amend the General

        18       Business Law.

        19                  SENATOR LIZ KRUEGER:    Lay it

        20       aside.

        21                  SENATOR LIBOUS:    Is there a

        22       message of necessity at the desk?

        23                  ACTING PRESIDENT MAZIARZ:    There

        24       is a message of necessity at the desk,

        25       Senator.



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         1                  SENATOR LIBOUS:    Move to accept

         2       the message, please.

         3                  ACTING PRESIDENT MAZIARZ:    All in

         4       favor signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT MAZIARZ:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT MAZIARZ:     The

        10       ayes have it; the message is accepted.

        11                  Read the last section.

        12                  SENATOR LIZ KRUEGER:    Lay it

        13       aside.

        14                  ACTING PRESIDENT MAZIARZ:    Oh,

        15       I'm sorry, Senator Krueger requests that the

        16       bill be laid aside.

        17                  Senator Libous.

        18                  SENATOR LIBOUS:    Can we take up

        19       2191, noncontroversial, on the same calendar.

        20                  ACTING PRESIDENT MAZIARZ:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       2191, by Senator O. Johnson, Senate Print

        24       8713, an act to amend the Civil Practice Law

        25       and Rules.



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         1                  ACTING PRESIDENT MAZIARZ:

         2       Senator Libous.

         3                  SENATOR LIBOUS:    Mr. President,

         4       is there a message of necessity at the desk?

         5                  ACTING PRESIDENT MAZIARZ:    There

         6       is a message of necessity at the desk.

         7                  SENATOR LIBOUS:    May we please

         8       move to accept the message.

         9                  ACTING PRESIDENT MAZIARZ:    All in

        10       favor signify by saying aye.

        11                  (Response of "Aye.)

        12                  ACTING PRESIDENT MAZIARZ:

        13       Opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT MAZIARZ:    The

        16       ayes have it; the message is accepted.

        17                  The Secretary will read the last

        18       section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT MAZIARZ:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 62.

        25                  ACTING PRESIDENT MAZIARZ:    The



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         1       bill is passed.

         2                  Senator Libous.

         3                  SENATOR LIBOUS:    Mr. President,

         4       can we take up 2192, noncontroversial.

         5                  ACTING PRESIDENT MAZIARZ:    The

         6       Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       2192, by Senator Marcellino, Senate Print

         9       8717, an act to amend the Tax Law.

        10                  ACTING PRESIDENT MAZIARZ:    Read

        11       the last section.

        12                  Senator Duane.

        13                  SENATOR DUANE:    Thank you,

        14       Mr. President.  As I get ready to --

        15                  ACTING PRESIDENT MAZIARZ:    I'm

        16       sorry, Senator Duane, could you just bear an

        17       interruption?  We have to accept a message of

        18       necessity.

        19                  Senator Libous.

        20                  SENATOR LIBOUS:    Is there a

        21       message of necessity at the desk?

        22                  ACTING PRESIDENT MAZIARZ:    There

        23       is a message of necessity at the desk,

        24       Senator.

        25                  SENATOR LIBOUS:    Can we move,



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         1       please, to accept the message.

         2                  ACTING PRESIDENT MAZIARZ:    A

         3       motion has been made to accept the message of

         4       necessity.  All in favor signify by saying

         5       aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT MAZIARZ:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT MAZIARZ:    The

        11       ayes have it; the message is accepted.

        12                  SENATOR LIBOUS:    Thank you,

        13       Mr. President.

        14                  Thank you, Senator Duane.

        15                  ACTING PRESIDENT MAZIARZ:

        16       Senator Duane.

        17                  SENATOR DUANE:    Thank you,

        18       Mr. President.

        19                  I just wanted to point out that I

        20       believe this is the brownfields bill.

        21                  ACTING PRESIDENT MAZIARZ:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 17.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT MAZIARZ:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT MAZIARZ:

         4       Senator Thompson, to explain his vote.

         5                  SENATOR THOMPSON:    Yes, to

         6       explain my vote.

         7                  First, I do support the bill.  I

         8       want to first congratulate my colleague --

         9       Senator Marcellino has worked on this for a

        10       long time -- in addition to Governor Paterson

        11       and Judith Enck and Commissioner Pete Grannis,

        12       and all the business and environmental

        13       advocates, for coming together and moving this

        14       legislation forward.

        15                  I do believe that there are a lot

        16       of good things in this bill.  Not everyone is

        17       totally happy, but I think we've accomplished

        18       a number of positive things in this bill.

        19                  The first, I think, very important

        20       reform measure is that this bill will create

        21       an advisory board to deal with brownfields

        22       issues.  The other thing is I know that this

        23       is a very difficult issue for a number of

        24       people.  But politics is often the art of

        25       compromise.  And that one of the important



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         1       compromises here provides some type of cap on

         2       some of the businesses and projects coming

         3       into this program.

         4                  I also believe that there are some

         5       other things that we can be proud of as well.

         6       While we did not reach the 10 percent

         7       additional credit for being in a BOA, or a

         8       Brownfield Opportunity Area, we do provide

         9       2 percent.  And I do think that's a start.

        10       Rome wasn't built in a day.  But I think it

        11       moves us forward.

        12                  The other thing is there are a

        13       number of groups that did support this bill.

        14       I also believe that in moving forward there

        15       are some things that I believe will be helpful

        16       for business.  And hopefully by the time they

        17       move to the regulation process of this bill,

        18       that issues like -- not only because it's gone

        19       to the Department of State for the BOA

        20       program, but I think we need to have better

        21       timelines.  When businesspeople and residents

        22       and stakeholders put in an application, they

        23       want to know what the time frame is.

        24                  And that's something I think that

        25       I'd like to work with my colleagues on both



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         1       sides of the aisle, is making sure that when

         2       they put that application in, that whether

         3       it's through the BOA program or it's through a

         4       Brownfield Cleanup Program, that we have a

         5       clear, clean and defined time frame.  Because

         6       sometimes it's very frustrating dealing with

         7       government.

         8                  So without further ado, I support

         9       this bill.  I think it's a bold step forward.

        10       Many reforms were addressed.  And we still

        11       have some work to do.

        12                  Thank you.

        13                  ACTING PRESIDENT MAZIARZ:

        14       Senator Thompson will be recorded in the

        15       affirmative.

        16                  Senator Stachowski.

        17                  SENATOR STACHOWSKI:    Yes,

        18       Mr. President.  I too would like to explain my

        19       vote.

        20                  I think it's a great compromise.

        21       There was some fear that this bill wouldn't be

        22       done.

        23                  Obviously in Western New York, as

        24       you very well know, there's a lot of

        25       brownfields that are open to possible



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         1       development.  I know that the grandfathering

         2       in of some in Western New York is very

         3       important to those people involved in those

         4       projects, and that the new parameters that

         5       will focus a lot more on cleanup will make the

         6       development of brownfields in Western New York

         7       that are available to be cleaned and

         8       developed, many of which are along the

         9       waterfront, and it will provide a great

        10       opportunity to make the waterfront in Western

        11       New York, particularly in some of my area, a

        12       much better place.

        13                  It's a very important bill.  I'm

        14       glad we got to this compromise.  I'm glad

        15       we're moving forward, albeit the last day.

        16       And I'd just like to congratulate everybody

        17       involved in getting this bill to the floor and

        18       moving ahead and helping to redevelop areas

        19       that we thought would not be developed for

        20       quite some time.

        21                  So I vote yes.

        22                  ACTING PRESIDENT MAZIARZ:

        23       Senator Stachowski will be recorded in the

        24       affirmative.

        25                  Senator Stewart-Cousins.



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         1                  SENATOR STEWART-COUSINS:    Yes,

         2       thank you, Mr. President.

         3                  I rise too to also commend Senator

         4       Marcellino and the Governor and all who were

         5       involved in this.  This was extremely

         6       important, as both of my colleagues before me

         7       have mentioned.

         8                  Those of us who have important

         9       revitalization projects going on in our

        10       district, those of us who have had commitments

        11       by developers based on the tax credits were

        12       very, very concerned that suddenly the game

        13       would be changed midstream.

        14                  This allows for certainly many of

        15       the projects in Yonkers and Tarrytown and

        16       throughout the state that had already been in

        17       process to continue in that process, and also

        18       gives the added impetus so that we will

        19       continue to reclaim those brownfields that

        20       could indeed be revitalized so that we can use

        21       them so the economic prosperity continues.

        22                  So I certainly vote in the

        23       affirmative, and I'm very happy for the

        24       compromise.

        25                  ACTING PRESIDENT MAZIARZ:



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         1       Senator Stewart-Cousins will be recorded in

         2       the affirmative.

         3                  Senator Robach.

         4                  SENATOR ROBACH:    Yes,

         5       Mr. President, to explain my vote.

         6                  I am going to support this bill.

         7       And certainly this is a very, very important

         8       issue.

         9                  And we all know, those of us from

        10       upstate New York, that the current brownfields

        11       bill, while it was very good for cleaning up

        12       very, very expensive properties in New York

        13       City, was not meeting the mark in upstate

        14       urban areas, which also have a tremendous

        15       amount of brownfield areas, things that could

        16       be redeveloped for economic development as

        17       well as cleaned up.

        18                  So this bill does go with the new

        19       parameters to some degree to at least make

        20       upstate cities like Rochester, Buffalo,

        21       Syracuse a little bit more competitive.  This

        22       is a step in the right direction.

        23                  And for that reason, I will support

        24       the bill, Mr. President.

        25                  ACTING PRESIDENT MAZIARZ:



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         1       Senator Robach will be recorded in the

         2       affirmative.

         3                  Senator Oppenheimer.

         4                  SENATOR OPPENHEIMER:    Thank you,

         5       Mr. President.  On the bill.

         6                  I'll be supporting this bill.  And

         7       I'm very pleased to see that something that

         8       had me very distressed previously on the

         9       brownfield law has been corrected -- not as

        10       much as I would have liked, but it's been

        11       corrected quite a bit -- and that is that we

        12       had seen misuse of these funds.

        13                  I am thinking of one particular

        14       developer who remediated a tiny portion of the

        15       property and received funds for that and then

        16       had same amount percentage given to him for

        17       the redevelopment of what turned into a very

        18       magnificent structure, very high income, on

        19       which he would have made, with or without

        20       these credits, multiples of millions.  And

        21       that was just so fraudulent, and yet it was

        22       within our law.

        23                  But now we have separated out the

        24       costs going -- the repayment going to

        25       brownfields and the amount of money that will



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         1       be going to development.  And I think that is

         2       a move in the right direction.

         3                  And I see a project on the list

         4       that is in my Senate district in a place that

         5       is so intensely polluted that, without this

         6       kind of assistance, it would never, never be

         7       remediated.

         8                  So I'm very pleased to be

         9       supporting this bill.

        10                  ACTING PRESIDENT MAZIARZ:

        11       Senator Oppenheimer will be recorded in the

        12       affirmative.

        13                  Senator Maltese, to explain his

        14       vote.

        15                  SENATOR MALTESE:    Mr. President,

        16       I must admit I had serious doubts about the

        17       bill.  And in reading the entire bill, I

        18       commend, of course, Senator Marcellino for all

        19       his work and working with the Governor and

        20       working with the Speaker of the Assembly.

        21                  I realize that the Governor and all

        22       parties had to deal with severe fiscal

        23       constraints.  Quite frankly, listening to my

        24       good colleague Senator Thompson, and realizing

        25       his position, and with some doubts in



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         1       realizing how much more needs to be done, I am

         2       disappointed, I admit.

         3                  Usually brownfields are not

         4       connected, perhaps, with Queens County, but

         5       the fact is that we have many areas that must

         6       be cleaned up, many areas that need, severely

         7       need economic development.  To name just

         8       three, we have Gotham Center, the Atlas Park,

         9       and the Silvercup Studios.

        10                  I was disappointed that these were

        11       not included, specifically, in those areas

        12       that would receive the most assistance.  I am

        13       hopeful that in the future something can be

        14       done to remedy that.

        15                  And therefore, Mr. President, I

        16       vote aye.

        17                  ACTING PRESIDENT MAZIARZ:

        18       Senator Maltese will be recorded in the

        19       affirmative.

        20                  Senator Marcellino, to explain his

        21       vote.

        22                  SENATOR MARCELLINO:    Thank you,

        23       Mr. President.

        24                  I do appreciate the comments of my

        25       colleagues.  I do appreciate the input that I



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         1       received in the negotiations with this bill.

         2       Senator Thompson was cordial and pleasant

         3       enough to sit down with my staff and his staff

         4       and to discuss some issues relative to this

         5       legislation.  Commissioner Grannis was very

         6       helpful, and his staff.  The Governor's staff

         7       has been very helpful.  Assembly staff has

         8       been very helpful.

         9                  Our Senate staff has been working

        10       day and night, day and night on this piece of

        11       legislation for a long, long time.

        12                  It has been a labor of hard work,

        13       but frankly a labor of love.  Because those of

        14       us who have been involved with this

        15       brownfields program since 2003 wish it to go

        16       and continue on.

        17                  This program is a two-way street.

        18       Not only do we clean up sites that are

        19       insulting our communities with their pollution

        20       and sickening our people, but they create

        21       jobs, they create a future, they open up inner

        22       cities.  The potential is phenomenal.  I've

        23       said this all along with the first bill, and

        24       I'll say it again:  This bill has the

        25       potential to be the greatest



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         1       environmental-cleanup bill in the history of

         2       this state as well as the greatest economic

         3       development bill in this state's history.

         4                  This is a good bill.  Is it

         5       perfect?  No.  No.  Does it go as far as I

         6       would like it to go?  No.  We'd like more.

         7       But it's a good first step, and we'll continue

         8       the process.  With the brownfields board

         9       created in this bill, we have a mechanism to

        10       monitor the progress and to monitor the

        11       procedures and to recommend changes to the

        12       departments.

        13                  Moving the BOA program to the

        14       Department of State is a great move.  That

        15       department is better suited for that kind of a

        16       program than DEC.  And this was done

        17       voluntarily.  DEC gave it up and the state

        18       accepted it.  Nobody had to have their arms

        19       twisted; it was a voluntary move.

        20                  This is a good thing.  Brings the

        21       communities into the program.  Brings public

        22       input into the program.  Accountability and

        23       transparency, this is what it's all about.

        24                  So again, I thank everybody that

        25       was involved.  Work was hard, but I think the



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         1       result is a good one.

         2                  Mr. President, I proudly vote aye.

         3                  ACTING PRESIDENT MAZIARZ:

         4       Senator Marcellino will be recorded in the

         5       affirmative.

         6                  Senator Stavisky.

         7                  SENATOR STAVISKY:    Thank you,

         8       Mr. President.

         9                  I have a parcel in my Senate

        10       district that has been grandfathered in under

        11       the provisions of this legislation.  It's just

        12       to the east of Shea Stadium, along Roosevelt

        13       Avenue.  It's the old Con Ed site, and it's

        14       being developed by Muss Development.

        15                  It's going to provide jobs, it's

        16       going to provide 800,000 square feet of retail

        17       space, a thousand housing units, and it's

        18       going to generate more than $20 million in tax

        19       revenue during the construction phase alone.

        20       So this legislation will obviously benefit

        21       this property.

        22                  I have another brownfields -- this

        23       was a brownfield site.  I have another

        24       brownfields site, a 60-acre parcel in the same

        25       general area known as Willets Point.  And I



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         1       hope that we can use some of the brownfields

         2       credits to help alleviate the brownfields in

         3       the Willets Point section of Queens.

         4                  I thank Senator Marcellino for his

         5       work on this issue.  It is appreciated by

         6       everybody.  Sometimes I think you spend long

         7       hours and figure nobody really appreciates it.

         8       People do.  And the real people who are

         9       thanking you are the people who are going to

        10       benefit from the entire scope of this

        11       legislation.

        12                  ACTING PRESIDENT MAZIARZ:

        13       Senator Stavisky will be recorded in the

        14       affirmative.

        15                  Senator Krueger.

        16                  SENATOR LIZ KRUEGER:    Thank you,

        17       Mr. President.

        18                  I also rise to say --

        19                  ACTING PRESIDENT MAZIARZ:

        20       Senator Krueger, to explain her vote.

        21                  SENATOR LIZ KRUEGER:    Thank you.

        22       To explain my vote.  Thank you, Mr. President.

        23                  So a few weeks ago a number of us

        24       had a press conference saying if we didn't get

        25       this done before we went home, shame on us.



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         1                  So we waited till the last few

         2       minutes of the last day, but we're getting

         3       something done.  And that is a good thing.

         4       And many of my colleagues have already spoken

         5       about how important these changes are.

         6                  When we passed the first

         7       brownfields bill when I was first in the

         8       Senate, a number of us thought, Hmm, this

         9       isn't going to work, we're going to have to

        10       fix it.  And it didn't take very long to

        11       realize that was right.

        12                  It did take a while to get to this

        13       day.  It took about four years to finally get

        14       to the point where we're making some fixes and

        15       we are moving forward as we should.

        16                  So the sponsor said this is a great

        17       bill, and I hope this time we're closer to

        18       getting it right.  Thank you very much,

        19       Senator Marcellino.

        20                  Senator Antoine Thompson did a

        21       yeoman's job pushing for the BOA issues and

        22       importance of recognizing that not only do we

        23       need to clean up land, but we need to maximize

        24       our ability to ensure that in poor communities

        25       and in urban centers, we have really the



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         1       ability to do brownfields and combine it with

         2       economic activity in communities that so

         3       desperately need it.

         4                  Particularly I want to recognize

         5       DEC and Commissioner Grannis, who fought very,

         6       very hard, before he was the DEC commissioner

         7       and since he's been there, to try to get us to

         8       this point.

         9                  So yes, everyone's right, it's not

        10       the ultimate bill.  We probably will need to

        11       come back and revisit pieces of it again.  But

        12       I am delighted that we are moving this bill

        13       this afternoon before we go home.  And I think

        14       that we all get to say, okay, this time we did

        15       it right.  A little late, but we did it right.

        16                  I will be voting yes.  Thank you.

        17                  ACTING PRESIDENT MAZIARZ:

        18       Senator Krueger will be recorded in the

        19       affirmative.

        20                  Announce the results.

        21                  THE SECRETARY:    Ayes, 62.  Nays,

        22       0.

        23                  ACTING PRESIDENT MAZIARZ:    The

        24       bill is passed.

        25                   Senator Libous.



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         1                  SENATOR LIBOUS:    Mr. President,

         2       can we now go to Calendar 2179, controversial.

         3                  ACTING PRESIDENT MAZIARZ:    The

         4       Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       2179, by the Senate Committee on Rules, Senate

         7       Print --

         8                  SENATOR LIZ KRUEGER:

         9       Explanation.

        10                  ACTING PRESIDENT MAZIARZ:

        11       Senator Winner, an explanation has been

        12       requested by Senator Krueger.

        13                  SENATOR WINNER:    Thank you,

        14       Mr. President.

        15                  This legislation would allow a

        16       company that is located in Watervliet and has

        17       purchased a silicone manufacturing facility to

        18       be able to obtain the Empire Zone benefits of

        19       a significant regional project that it thought

        20       it was eligible for, but for certain timing

        21       mistakes had acquired the facility prior to

        22       its final certification by Empire State

        23       Development Corporation.

        24                  This bill as a measure has a

        25       message of necessity.  It is obviously agreed



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         1       upon by the Second Floor.  And as such, this

         2       is not any kind of an unusual hit to the

         3       state's treasury, because these are benefits

         4       that were intended to be provided to this

         5       company.  This company has met all of the

         6       requirements to be eligible as a significant

         7       regional -- regionally significant project,

         8       were it not for some technical timing glitches

         9       in its application.

        10                  ACTING PRESIDENT MAZIARZ:

        11       Senator Krueger.

        12                  SENATOR LIZ KRUEGER:    Thank you.

        13                  ACTING PRESIDENT MAZIARZ:

        14       Senator Winner, will you yield for a question

        15       from Senator Krueger?

        16                  SENATOR WINNER:    Yes, I yield.

        17                  ACTING PRESIDENT MAZIARZ:    The

        18       Senator yields.

        19                  SENATOR LIZ KRUEGER:    So you were

        20       explaining it's a glitch.

        21                  My understanding on Empire Zone

        22       rules, you are creating new jobs.  How many

        23       new jobs will they create beyond what's

        24       already in existence?

        25                  SENATOR WINNER:    Well, they



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         1       acquired a company that has over 750 jobs.

         2       They now have 1100 jobs there.

         3                  And in order to be eligible as a

         4       regionally significant project, they would

         5       have had to acquire a facility that had

         6       750 jobs.  And as such, they more than

         7       adequately meet the eligibility requirements

         8       as a regionally significant project.

         9                  SENATOR LIZ KRUEGER:    Mr.

        10       President, through you, will the sponsor

        11       continue to yield.

        12                  ACTING PRESIDENT MAZIARZ:

        13       Senator Winner, would you yield for a question

        14       from Senator Krueger?

        15                  SENATOR WINNER:    Yes, I do.

        16                  ACTING PRESIDENT MAZIARZ:

        17       Senator Krueger.

        18                  SENATOR LIZ KRUEGER:    Thank you.

        19                  Well, as you just explained, in

        20       order to qualify as regionally significant in

        21       this bill, they would have 750 jobs or more.

        22       How many new jobs are they committed to

        23       creating at this site if they are to get the

        24       Empire Zone advantages?

        25                  SENATOR WINNER:    Well, they've



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         1       created enough additional jobs to be eligible

         2       were they to be starting anew, Senator

         3       Krueger.

         4                  So under the other provisions of

         5       what constitutes a regionally significant

         6       project, if you are going to create over

         7       50 jobs, in certain circumstances, you're

         8       eligible to be so designated.  They in fact

         9       acquired a company with over 750 jobs, and

        10       therefore are eligible under those

        11       circumstances as well.

        12                  And in fact they've employed a

        13       significant number of additional people since

        14       their acquisition of the property.  Which they

        15       would, were it not for the filing -- were it

        16       not for the final certification by Empire

        17       State Development Corporation, in the

        18       understanding of everyone involved in this

        19       project, they would have been eligible for and

        20       be in receipt of these benefits.

        21                  SENATOR LIZ KRUEGER:    Mr.

        22       President, if through you the sponsor would

        23       continue to yield.

        24                  ACTING PRESIDENT MAZIARZ:

        25       Senator Winner, would you yield for a question



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         1       from Senator Krueger?

         2                  SENATOR WINNER:    Certainly.

         3                  ACTING PRESIDENT MAZIARZ:

         4       Senator Krueger.

         5                  SENATOR LIZ KRUEGER:    So as I'm

         6       understanding this, Company X existed, had

         7       750 jobs or more, sold to a new company.  The

         8       new company is adding jobs or has added jobs

         9       beyond the 750 and is now applying for Empire

        10       Zone that was never finished for the previous

        11       owner or was never processed for the previous

        12       owner?

        13                  I'm looking for clarification

        14       still.

        15                  SENATOR WINNER:    In fact,

        16       Senator Krueger, this company is -- they're

        17       eligible for the benefits by virtue of the

        18       fact that they were acquiring a company of

        19       over 750 jobs.

        20                  Additionally, they have created

        21       over 50 jobs as well, which would otherwise

        22       make them eligible for a regionally

        23       significant project.  And in fact, the level

        24       of their employment would then be determinable

        25       as to the extent of the benefits that they are



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         1       afforded.

         2                  In every instance, they would have

         3       met the criteria to become eligible for a

         4       regionally significant project, but for the

         5       final couple of week glitch of not receiving

         6       the final certification from Empire State

         7       Development Corporation because of some holdup

         8       in some local actions involving hearings or

         9       the like.

        10                  They acquired this company in good

        11       faith, having every expectation of receiving

        12       the designation as this project.  In fact,

        13       they would have had no problems, again, were

        14       it not for this technical filing glitch.  And

        15       as a result, that is why this legislation is

        16       before you.

        17                  SENATOR LIZ KRUEGER:    Mr.

        18       President, if through you the sponsor would

        19       continue to yield.

        20                  ACTING PRESIDENT MAZIARZ:

        21       Senator Winner, would you continue to yield to

        22       another question from Senator Krueger?

        23                  SENATOR WINNER:    Yes.

        24                  ACTING PRESIDENT MAZIARZ:

        25       Senator Krueger.



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         1                  SENATOR LIZ KRUEGER:    Okay.  So

         2       as I understand it, they would have been

         3       eligible as a regionally significant project

         4       under the old existing law with 750 jobs.

         5       They're adding, according to this bill, the

         6       creation of at least 50 more jobs.

         7                  How much will the tax exemptions

         8       and credits from this bill cost the State of

         9       New York and over what time period?

        10                  SENATOR WINNER:    Obviously, it

        11       depends on the level of the wage tax credits

        12       and the other types of benefits you get under

        13       the existing program.  I don't know exactly

        14       what the level of the benefits are.

        15                  But again, this is not any kind of

        16       new money, Senator.  Again, I repeat myself

        17       for the fourth time, were it not for the

        18       technical glitch in the timing of the

        19       application's final certification, they would

        20       have had these benefits and we wouldn't be

        21       talking today.

        22                  This is not sliding anything under

        23       the door.  This is not providing any special

        24       benefit for a company that is not similarly

        25       situated.  This is correcting a glitch to



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         1       benefit a company that was promised and

         2       induced by the existence of these benefits to

         3       acquire this company and to come into the

         4       State of New York, employ a significant number

         5       of additional people, and retain a significant

         6       number of jobs.  In fact, 1100 people are

         7       currently employed in this facility.

         8                  SENATOR LIZ KRUEGER:    Thank you,

         9       Mr. President.  On the bill.

        10                  ACTING PRESIDENT MAZIARZ:

        11       Senator Krueger, on the bill.

        12                  SENATOR LIZ KRUEGER:    Thank you.

        13       I appreciate the sponsor's tolerance in my

        14       trying to clarify the deal.

        15                  And he may be right that it's

        16       nothing that, all things being equal, the old

        17       company might not have been eligible for.  I

        18       guess my frustration is I don't really like

        19       these Empire Zone deals to start with, and

        20       I've been consistent on that.

        21                  I was hoping we'd deal with Empire

        22       Zone reform before we left session.  At least

        23       we got brownfields reform.  That's good.  But

        24       we didn't deal with Empire Zone reform, and we

        25       particularly didn't deal with the esoterica of



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         1       Empire Zones that allow for these regionally

         2       specific projects to self-declare themselves,

         3       to move the borders, to move from one side of

         4       the street to the other, to have a company

         5       sold and then claim perhaps it's new jobs when

         6       it's under a new corporate name when the jobs

         7       were already there.

         8                  I don't know if my information was

         9       correct.  I was told that this deal could cost

        10       us $40 million over 10 years, $4 million a

        11       year.  I'm not questioning that the sponsor

        12       knew something that he didn't answer.  But

        13       that was someone who gave me that information.

        14                  And I have to say, a bill that

        15       allows, if you have 50 more jobs, to

        16       potentially get $40 million of New York State

        17       taxpayers' money is something that concerns

        18       me.

        19                  It also concerns me, as we

        20       discussed with previous bills that I debated

        21       on the floor today with Senator Johnson that

        22       seemed to relate to a particular mall, the

        23       Carousel Mall outside of Syracuse, that every

        24       time we make one of these deals not only are

        25       we giving up state and local tax revenue,



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         1       we're actually creating an unfair playing

         2       field for the businesses who can't fall into

         3       those categories.

         4                  So if you get your taxes reduced or

         5       exempted, then you have a business advantage

         6       over anyone else who's trying to do the same

         7       kind of work who doesn't get the deal.

         8                  So as I think I am consistent with

         9       on the floor of the Senate, I go both ways on

        10       Empire Zones.  Either don't have them or make

        11       the whole state an Empire Zone so that

        12       everybody has a fair shot in business.

        13                  Because I feel that for these

        14       special deals that we make, even respecting

        15       the sponsor's analysis that under the existing

        16       rules they might have been eligible for

        17       this -- although obviously they needed some

        18       fix, because we're here in the Legislature

        19       with a message of necessity in a three-way

        20       deal at the last minute to fix it for them --

        21       that we are doing something wrong here.

        22                  That we are not having equal

        23       taxation, that we don't have an even playing

        24       field for businesses, that we still end up

        25       disproportionately giving tax advantages to



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         1       the largest businesses when in fact all the

         2       data and research shows that it is small and

         3       medium-sized businesses who create the most

         4       jobs in the State of New York.

         5                  And we all seem to give a lot of

         6       lip service to the problems of small business

         7       but in fact when we make major tax policy

         8       decisions, and in fact government policy

         9       decisions, it's always for the larger ones,

        10       not the smaller ones.

        11                  So again, my frustrations are

        12       across the board on these policies and in fact

        13       on Empire Zones more specifically than perhaps

        14       the details of this bill.  But again, I feel

        15       if it wasn't dated June 20th and it didn't

        16       come with a message of necessity and people

        17       had more time to look and evaluate and ask

        18       questions, maybe I'd have more concerns about

        19       this specific bill.

        20                  Right now I'll just vote no because

        21       I just don't like these Empire Zone deals.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT MAZIARZ:    Any

        24       other Senator wishing to be heard on this

        25       bill?



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         1                  The debate is closed.  The

         2       Secretary will ring the bell.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT MAZIARZ:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT MAZIARZ:

        10       Announce the results.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 2179:  Ayes, 60.  Nays, 1.

        13       Senator L. Krueger recorded in the negative.

        14                  Absent from voting:  Senator C.

        15       Kruger.

        16                  ACTING PRESIDENT MAZIARZ:    The

        17       bill is passed.

        18                  Senator LaValle.

        19                  SENATOR LaVALLE:    Mr. President,

        20       we have a supplemental calendar that begins

        21       with Calendar Number 947, by Senator Bonacic.

        22                  ACTING PRESIDENT MAZIARZ:    The

        23       Secretary will read.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 947, Senator Bonacic moves to



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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 9319A and substitute it

         3       for the identical Senate Bill Number 6222A,

         4       Third Reading Calendar 947.

         5                  ACTING PRESIDENT MAZIARZ:

         6       Substitution ordered.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       947, by Member of the Assembly Gunther,

        10       Assembly Print Number 9319A, an act relating

        11       to increasing availability.

        12                  ACTING PRESIDENT MAZIARZ:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MAZIARZ:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT MAZIARZ:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1254, by Senator Sabini, Senate Print 1725C,

        24       an act to amend the Racing, Pari-Mutuel

        25       Wagering and Breeding Law.



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         1                  ACTING PRESIDENT MAZIARZ:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT MAZIARZ:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 61.  Nays,

         9       1.  Senator Padavan recorded in the negative.

        10                  ACTING PRESIDENT MAZIARZ:    The

        11       bill is passed.

        12                  Senator LaValle.

        13                  SENATOR LaVALLE:    Mr. President,

        14       would you take up Calendar Number 1903, by

        15       Senator Morahan, noncontroversial, please.

        16                  ACTING PRESIDENT MAZIARZ:    The

        17       Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1903, by Senator Morahan, Senate Print 8077,

        20       an act to amend the Civil Service Law.

        21                  ACTING PRESIDENT MAZIARZ:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 3.  This

        24       act shall take effect on the 30th day.

        25                  ACTING PRESIDENT MAZIARZ:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT MAZIARZ:

         4       Senator Saland, to explain his vote.

         5                  SENATOR SALAND:    Thank you.

         6       Mr. President, this is a bill which will

         7       expand the prior provisions in Civil Service

         8       Law permitting, at that time, municipal and

         9       school employees to have time off for prostate

        10       and breast cancer testing.

        11                  This bill greatly exceeds the

        12       provisions of that law.  It includes any

        13       number of additional employees, many of whom

        14       have the ability to access this testing

        15       without the need to have that type of time

        16       off.  It's a rather large unfunded mandate on

        17       your municipalities, on your schools.

        18                  In addition to being an unfunded

        19       mandate, it also now requires that this time

        20       be paid time, as distinguished from time taken

        21       under the prior bill.

        22                  Mr. President, I will be voting in

        23       the negative on this bill.  Thank you.

        24                  ACTING PRESIDENT MAZIARZ:

        25       Senator Saland will be recorded in the



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         1       negative.

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 1903 are

         5       Senators DeFrancisco, Farley, Maltese,

         6       Maziarz, O. Johnson, Rath and Saland.

         7                  Ayes, 55.  Nays, 7.

         8                  ACTING PRESIDENT MAZIARZ:    The

         9       bill is passed.

        10                  Senator LaValle.

        11                  SENATOR LaVALLE:    There will be

        12       an immediate meeting of the Rules Committee in

        13       the Majority Conference Room, Room 332.

        14                  ACTING PRESIDENT MAZIARZ:    There

        15       will be an immediate meeting of the Senate

        16       Rules Committee in Room 332.

        17                  Senator LaValle.

        18                  SENATOR LAVALLE:    We'll stand at

        19       ease, Mr. President.

        20                  ACTING PRESIDENT MAZIARZ:    The

        21       Senate will stand at ease pending the report

        22       of the Rules Committee.

        23                  (Whereupon, the Senate stood at

        24       ease at 5:53 p.m.)

        25                  (Whereupon, the Senate reconvened



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         1       at 6:12 p.m.)

         2                  ACTING PRESIDENT MAZIARZ:

         3       Senator Libous.

         4                  SENATOR LIBOUS:    Mr. President,

         5       can we return to reports of standing

         6       committees for the report of the Rules

         7       Committee, please.

         8                  ACTING PRESIDENT MAZIARZ:    The

         9       Secretary will read.

        10                  THE SECRETARY:    Senator Bruno,

        11       from the Committee on Rules, reports the

        12       following bills:

        13                  Senate Print 4048A, by Senator

        14       Griffo, an act to amend the Tax Law;

        15                  4481A, by Senator Seward, an act to

        16       amend the Insurance Law;

        17                  4714A, by Senator Leibell, an act

        18       relating to giving;

        19                  5657A, by Senator Leibell, an act

        20       to amend the Town Law;

        21                  5987A, by Senator Leibell, an act

        22       to authorize;

        23                  6401A, by Senator Lanza, an act to

        24       amend the General Business Law;

        25                  6934A, by Senator Marcellino, an



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         1       act to amend the Vehicle and Traffic Law;

         2                  6998, by Senator Farley, an act to

         3       amend the Education Law;

         4                  7023, by Senator Lanza, an act to

         5       amend the Tax Law;

         6                  7032, by Senator Lanza, an act to

         7       amend the Public Authorities Law;

         8                  7315A, by Senator Seward, an act to

         9       amend the Insurance Law;

        10                  7337, by Senator Griffo, an act to

        11       amend the Executive Law;

        12                  7896, by Senator Griffo, an act

        13       authorizing;

        14                  7911A, by Senator Seward, an act to

        15       authorize;

        16                  7947B, by Senator Little, an act to

        17       amend the Tax Law;

        18                  7965B, by Senator Volker, an act to

        19       amend Chapter 605 of the Laws of 2000;

        20                  8021A, by Senator Winner, an act to

        21       amend the Environmental Conservation Law;

        22                  8122, by Senator Farley, an act to

        23       amend the Banking Law;

        24                  8154A, by Senator Serrano, an act

        25       to amend the New York State Urban Development



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         1       Corporation Act;

         2                  8161C, by Senator Robach, an act to

         3       amend the Public Health Law;

         4                  8185A, by Senator Hannon, an act to

         5       amend the Public Health Law;

         6                  8228, by Senator Volker, an act to

         7       amend the Environmental Conservation Law;

         8                  8289A, by Senator Smith, an act in

         9       relation to authorizing;

        10                  8299A, by Senator Sampson, an act

        11       to amend the Executive Law;

        12                  8356, by Senator Marcellino, an act

        13       to amend the Public Authorities Law;

        14                  8487, by Senator Little, an act to

        15       amend the Public Authorities Law;

        16                  8511, by Senator Bonacic, an act to

        17       amend the Tax Law;

        18                  8542A, by Senator C. Kruger, an act

        19       to amend the Tax Law;

        20                  8560, by Senator O. Johnson, an act

        21       to amend the Economic Development Law;

        22                  8565, by Senator Marcellino, an act

        23       to amend the General Municipal Law;

        24                  8569A, by Senator DeFrancisco, an

        25       act to amend the Domestic Relations Law;



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         1                  8576, by Senator Volker, an act to

         2       amend the Criminal Procedure Law;

         3                  8583, by Senator Little, an act to

         4       amend the Insurance Law;

         5                  8609, by Senator Lanza, an act to

         6       amend the Public Buildings Law;

         7                  8611, by the Senate Committee on

         8       Rules, an act to amend the Public Health Law;

         9                  8628, by Senator Robach, an act to

        10       amend the Real Property Tax Law;

        11                  8629, by Senator Maltese, an act to

        12       amend the Penal Law;

        13                  8632, by Senator Seward, an act

        14       authorizing;

        15                  8638, by the Senate Committee on

        16       Rules, an act to repeal;

        17                  8642, by Senator Maziarz, an act to

        18       amend the Tax Law;

        19                  8643A, by Senator Marcellino, an

        20       act to amend the Environmental Conservation

        21       Law;

        22                  8645, by Senator Hannon, an act to

        23       amend the Public Health Law;

        24                  8647A, by Senator Padavan, an act

        25       to amend the Education Law;



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         1                  8648, by Senator Perkins, an act

         2       authorizing the City of New York;

         3                  8650, by Senator Maltese, an act to

         4       amend the Education Law;

         5                  8657, by Senator Hannon, an act to

         6       amend the Public Health Law;

         7                  8659, by Senator Little, an act to

         8       amend the Navigation Law;

         9                  8667, by Senator Golden, an act to

        10       amend the Public Service Law;

        11                  And Senate Print 8670, by Senator

        12       Saland, an act to amend the Elder Law.

        13                  All bills ordered direct to third

        14       reading.

        15                  ACTING PRESIDENT MAZIARZ:

        16       Senator Libous.

        17                  SENATOR LIBOUS:    Mr. President,

        18       move to accept the Rules report.

        19                  ACTING PRESIDENT MAZIARZ:    All in

        20       favor of accepting the report of the Rules

        21       Committee signify by saying aye.

        22                  (Response of "Aye.)

        23                  ACTING PRESIDENT MAZIARZ:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT MAZIARZ:    The

         2       Rules report is accepted.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Mr. President, I

         5       believe there is a second Rules report.  Could

         6       we please have it read.

         7                  ACTING PRESIDENT MAZIARZ:    The

         8       Secretary will read.

         9                  THE SECRETARY:    Senator Bruno,

        10       from the Committee on Rules, reports the

        11       following bills direct to third reading:

        12                  Senate Print 6527B, by Senator

        13       Hannon, an act to amend the Public Health Law;

        14                  7369A, by Senator Seward, an act to

        15       amend the Insurance Law;

        16                  And Senate Print 8580, by the

        17       Senate Committee on Rules, an act to amend the

        18       Public Health Law.

        19                  ACTING PRESIDENT MAZIARZ:

        20       Senator Libous.

        21                  SENATOR LIBOUS:    Could we move to

        22       accept the Rules report, please.

        23                  ACTING PRESIDENT MAZIARZ:    The

        24       motion has been made to accept the report of

        25       the Rules Committee.  All those in favor



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         1       signify by saying aye.

         2                  (Response of "Aye.")

         3                  ACTING PRESIDENT MAZIARZ:

         4       Opposed, nay.

         5                  (No response.)

         6                  ACTING PRESIDENT MAZIARZ:    The

         7       Rules Committee report is accepted.

         8                  Senator Libous.

         9                  SENATOR LIBOUS:    Mr. President,

        10       could we do the noncontroversial reading of

        11       Supplemental Calendar 64C, please.

        12                  ACTING PRESIDENT MAZIARZ:    The

        13       Secretary will read Supplemental Calendar 64C,

        14       noncontroversial.

        15                  SENATOR LIBOUS:    Thank you.

        16                  THE SECRETARY:    Calendar Number

        17       2193, by Senator Griffo, Senate Print 4048A,

        18       an act to amend the Tax Law.

        19                  ACTING PRESIDENT MAZIARZ:    There

        20       is a local fiscal impact notice at the desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the first day of a

        24       sales tax quarterly period.

        25                  ACTING PRESIDENT MAZIARZ:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT MAZIARZ:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       2194, by Senator Seward, Senate Print 4481A,

         8       an act to amend the Insurance Law and the

         9       Public Health Law.

        10                  ACTING PRESIDENT MAZIARZ:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 20.  This

        13       act shall take effect January 1, 2009.

        14                  ACTING PRESIDENT MAZIARZ:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 2195, Senator Leibell moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 3100A and substitute it

        24       for the identical Senate Bill Number 4714A,

        25       Third Reading Calendar 2195.



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         1                  ACTING PRESIDENT MAZIARZ:

         2       Substitution ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       2195, by Member of the Assembly Bradley,

         6       Assembly Print Number 3100A, an act relating

         7       to giving certain Westchester County town

         8       boards.

         9                  ACTING PRESIDENT MAZIARZ:    There

        10       is a home-rule message at the desk.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the 180th day.

        14                  ACTING PRESIDENT MAZIARZ:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 2196, Senator Leibell moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 8831A and substitute it

        24       for the identical Senate Bill Number 5657A,

        25       Third Reading Calendar 2196.



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         1                  ACTING PRESIDENT MAZIARZ:

         2       Substitution ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       2196, by Member of the Assembly Molinaro,

         6       Assembly Print Number 8831A, an act to amend

         7       the Town Law.

         8                  ACTING PRESIDENT MAZIARZ:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT MAZIARZ:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 61.  Nays,

        16       1.  Senator Bonacic recorded in the negative.

        17                  ACTING PRESIDENT MAZIARZ:    The

        18       bill is passed.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 2197, Senator Leibell moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 8535A and substitute it

        23       for the identical Senate Bill Number 5987A,

        24       Third Reading Calendar 2197.

        25                  ACTING PRESIDENT MAZIARZ:



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         1       Substitution ordered.

         2                  The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       2197, by Member of the Assembly Bradley,

         5       Assembly Print Number 8535A, an act to

         6       authorize the lease of lands.

         7                  ACTING PRESIDENT MAZIARZ:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT MAZIARZ:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 62.

        15                  ACTING PRESIDENT MAZIARZ:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 2198, Senator Lanza moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 11717 and substitute it

        21       for the identical Senate Bill Number 6401A,

        22       Third Reading Calendar 2198.

        23                  ACTING PRESIDENT MAZIARZ:

        24       Substitution ordered.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       2198, by the Assembly Committee on Rules,

         3       Assembly Print Number 11717, an act to amend

         4       the General Business Law and the Executive

         5       Law.

         6                  ACTING PRESIDENT MAZIARZ:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT MAZIARZ:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT MAZIARZ:

        14       Senator Duane.

        15                  SENATOR DUANE:    Thank you,

        16       Mr. President.  To explain my vote.

        17                  ACTING PRESIDENT MAZIARZ:

        18       Senator Duane, to explain his vote.

        19                  SENATOR DUANE:    I believe that

        20       video games are -- and this is really the most

        21       important reason for my vote, which will be in

        22       the negative on this bill.  I believe that

        23       video games are a form of protected speech and

        24       that mandatory prohibitions are

        25       unconstitutional and frankly wrong and that



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         1       voluntary ratings and compliance are a much

         2       more, if you will, American way to go.

         3                  And of course the marketplace would

         4       probably make the best decisions about this

         5       anyway, at least at this point.

         6                  But, you know, just some of the

         7       other things that I think are important and

         8       again, the reason -- though not my primary

         9       reason for voting no, which is on the First

        10       Amendment issue -- but which are also

        11       important is that the newer consoles either do

        12       or will have parental blocking.  And we see

        13       that with cable television and DVRs, that sort

        14       of thing, and even filtering that are on

        15       computers.  And parents actually provide

        16       guidance to their children on this.

        17                  There are some, I think, problems

        18       with some of the sections of the bill also in

        19       the way they're written, even if the intention

        20       is not such.  You know, things like mandatory

        21       labeling of all games.  I'm not sure how

        22       that's going to work.

        23                  Also -- I mean, just already

        24       there's voluntary ratings, you know, software

        25       ratings.  I'm not big for playing these games,



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         1       but there's already a voluntary ratings system

         2       in effect by the companies that create these.

         3                  And I just also think that when you

         4       wholesale block content because of how they're

         5       being rated, it really is a slippery slope.

         6       And I just think that over time -- and I hope

         7       that our state is a leader in video games

         8       generally, nothing to do with violent video

         9       games, but just video games in general.  I

        10       think this could be an impediment with our

        11       competitive edge.

        12                  And all those are very good reasons

        13       to vote no for this legislation.  And, just to

        14       go back, the overarching issue of the

        15       constitutionality of this and the erosion of

        16       free expression.

        17                  So, you know, it's the last day of

        18       session.  I think we could go back and look

        19       and see what we need to do.  Cooler heads

        20       could prevail then.  I think that we should

        21       vote no on this, give ourselves more of a

        22       chance to -- and I know we've had hearings and

        23       I know we've had conference committees, but I

        24       think the job is not done.

        25                  And I think that we need to buy



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         1       ourselves more time and have a more informed

         2       and a less constitutionally threatening people

         3       piece of legislation.  So I'll be voting no

         4       and encouraging my colleagues to vote in the

         5       negative as well.

         6                  ACTING PRESIDENT MAZIARZ:

         7       Senator Duane will be recorded in the

         8       negative.

         9                  Senator Hassell-Thompson, to

        10       explain her vote.

        11                  SENATOR HASSELL-THOMPSON:    Thank

        12       you, Mr. President.

        13                  I feel somewhat sorry that this is

        14       one of the few times that Senator Duane and I

        15       are in total disagreement on a bill.  But

        16       that's what life is about.

        17                  One of the reasons that I am

        18       pleased about this bill is because I'm one of

        19       the cosponsors, along with Senator Lanza.

        20                  If many of you may remember, last

        21       year we had quite a bit of confrontation on

        22       this bill because we were very concerned, I

        23       particularly, about how do we ensure that we

        24       create the opportunity for parents to have the

        25       proper level of notification about the kind of



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         1       games that their children are purchasing and

         2       try to be sure that we disallow children from

         3       having access to games, many of which are

         4       extremely violent.

         5                  The more violent the games are and

         6       the more you win, the levels get deeper and

         7       deeper.  So that as you win each level, the

         8       level of violence increases.  And it's a major

         9       problem for our young people, who really are

        10       not able to make the discernment necessary to

        11       differentiate between that which is real and

        12       that which is not real.

        13                  What we've asked for in this

        14       bill -- and I'm sorry that Senator Lanza is

        15       not here to assist me in defending this bill.

        16       But one of the things that we worked very hard

        17       with all of the toy companies and video game

        18       people on was that they would agree to come

        19       into communities and assist us in having

        20       meetings where we had the opportunity to

        21       explain to parents what the games are really

        22       about and how do we ensure that at least

        23       parents have some knowledge and some say in

        24       what is going into the hands of their

        25       children.



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         1                  So what we've asked for, in the

         2       final analysis of this bill, is merely to have

         3       the ability to ensure that games will be

         4       labeled.  We have taken out penalties, we have

         5       taken out a lot of other things that we felt

         6       strongly should have been in the bill

         7       initially.  And we have modified the bill, not

         8       to satisfy the toy companies but to at least

         9       try to meet the thresholds of

        10       constitutionality.

        11                  I think this is an excellent bill.

        12       Certainly it was very clear that at some point

        13       last year it was thought that Senator Lanza

        14       and I were going to actually come to

        15       fisticuffs, actually going to come to

        16       fisticuffs about this bill.  But we are both

        17       parents and grandparents who really care about

        18       that which our children are exposed to.  And

        19       therefore, it is in the best interest of

        20       parents, at least, to have the ability to know

        21       what their children are viewing.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT MAZIARZ:

        24       Senator Hassell-Thompson will be recorded in

        25       the affirmative.



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         1                  Senator Bruno.

         2                  SENATOR BRUNO:    Mr. President,

         3       can we ask the Senate to suffer an

         4       interruption for a very worthy cause.

         5                  We have a very distinguished former

         6       Senator here, who is now the Governor and the

         7       great Governor of this great state, and we

         8       would like to request unanimous consent for

         9       this great Governor to address this body.

        10                  Mr. President, the Governor of

        11       New York State.

        12                  ACTING PRESIDENT MAZIARZ:

        13       Without objection --

        14                  (Standing ovation.)

        15                  ACTING PRESIDENT MAZIARZ:

        16       Without objection, Governor David Paterson.

        17                  Governor.

        18                  (Applause.)

        19                  GOVERNOR PATERSON:    Thank you.

        20                  I opened the session standing here,

        21       so I didn't think it would be really

        22       inappropriate if I closed the session standing

        23       here.

        24                  But I wanted to thank all of you

        25       during what was a very difficult transition in



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         1       our state, in the midst of a national sliding

         2       recession, for all of the cooperation that you

         3       gave to me, to these two fine leaders who are

         4       standing here, and really to the residents of

         5       the State of New York.

         6                  This body, along with the Assembly,

         7       in the last week passed 21 substantive pieces

         8       of legislation in the last week.  And no one

         9       can find a time when anyone passed a third of

        10       it, in anyone's recent memory.  So

        11       congratulations to all of you.

        12                  (Applause.)

        13                  GOVERNOR PATERSON:    And before

        14       wishing all of you a pleasant and peaceful

        15       summer and a very successful year, meaning

        16       that we'll see you back here next year, I

        17       wanted to thank --

        18                  (Scattered applause; laughter.)

        19                  GOVERNOR PATERSON:    So someone's

        20       having a real problem.

        21                  (Laughter.)

        22                  GOVERNOR PATERSON:    I wanted to

        23       thank Senator Malcolm Smith for his

        24       leadership, for his assistance to me, for the

        25       great work of his conference, and for his



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         1       friendship over these years.

         2                  And I wanted to lend my voice to

         3       all those who are wishing the best for our

         4       great, great leader who served in the Senate

         5       for 32 years, most recently in the last

         6       14 years as Majority Leader of the Senate --

         7       someone who I always called a leader but was

         8       blessed enough to call him a friend in the

         9       last few years, and someone whose imprint on

        10       legislation and process will be remembered for

        11       years to come.

        12                  Let's just go back to those days

        13       when session started an hour and a half to two

        14       hours before we scheduled it, when no one

        15       could ever be sure to be at a meeting on time.

        16       And he changed all that in 1995 when he came

        17       in as Majority Leader.  But he changed a lot

        18       of things -- programs, stadiums named after

        19       him --

        20                  (Laughter.)

        21                  GOVERNOR PATERSON:    A man of

        22       international acclaim, someone whose picture

        23       will probably be on future currency --

        24                  (Laughter.)

        25                  GOVERNOR PATERSON:    -- our friend



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         1       and our great leader, Joseph L. Bruno.

         2                  (Extended standing ovation.)

         3                  SENATOR BRUNO:     Thank you.

         4       Thank you.  Thank you.  Thank you.

         5                  Listen.  As the acting Lieutenant

         6       Governor, I need order in the house.

         7                  (Laughter.)

         8                  SENATOR BRUNO:    And I want to

         9       thank the Governor for his words, for his

        10       leadership, for partnering with all of us.

        11                  He has to be somewhere else, and

        12       our time is running a little longer, for some

        13       reason or other -- and it must be the

        14       Minority, Governor.

        15                  (Laughter.)

        16                  SENATOR BRUNO:     But we are not

        17       adjourning.  In case anybody has an interest,

        18       we're taking a small break.  And thank you for

        19       allowing this in this great chamber.

        20                  And, Governor, I want to thank you,

        21       really, for your friendship, for your words,

        22       for taking the time, for doing all the good

        23       things that you do for everybody that's here,

        24       and everybody in this state.

        25                  And this Governor, I want to say it



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         1       while he's here, he stepped in, in the

         2       greatest turmoil that this state has probably

         3       experienced since the Constitution, and with

         4       class, he stepped up, stepped in, and got a

         5       budget done on time -- I'm calling it on time,

         6       and nobody's going to argue with that.

         7                  (Laughter.)

         8                  SENATOR BRUNO:    -- and well done.

         9                  And, as you just heard, a record

        10       number of important legislation that could

        11       only happen with leadership and with partners.

        12       And that's everybody that's here, and

        13       partnering with the Assembly.  And Governor,

        14       that is very, very special.

        15                  And I am going to look forward to

        16       the rest of this evening.  And my one concern

        17       is I think the Governor's up in Saratoga, in

        18       my district, and he's there without me.

        19                  (Laughter.)

        20                  SENATOR BRUNO:    But we're going

        21       to be here, we're going to be doing some good

        22       work.

        23                  And really, thank you for your

        24       leadership.  Thanks for being a partner.

        25       Thanks mostly for being our friend, and for



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         1       all the good things that you are doing and

         2       will do.

         3                  So thank you, and God bless you.

         4       Thank you.

         5                  (Applause.)

         6                  GOVERNOR PATERSON:    Before I

         7       leave -- I'm going to the broadcasters'

         8       convention in Lake George, at the Sagamore, so

         9       I may not be exactly in Senator Bruno's

        10       district.

        11                  But I wanted to point out that in

        12       1995, I was very fortunate enough to have been

        13       appointed the Deputy Minority Leader by

        14       Senator Connor.  And I was the floor leader,

        15       and I sat across from an individual who was

        16       appointed the Deputy Minority Leader -- Deputy

        17       Majority Leader.  And we, for eight years,

        18       debated, worked the floor together, and

        19       generally, we thought, followed the direction

        20       of the leader and made the process in this

        21       place work a little better.

        22                  And so I am very much looking

        23       forward -- of course, I can't predict the

        24       future.  But next year I am going to rewrite

        25       the Constitution.



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         1                  (Laughter.)

         2                  GOVERNOR PATERSON:    But before

         3       that time comes, I just wanted to extend well

         4       wishes to my friend, Senator Dean Skelos.

         5                  (Extended applause.)

         6                  GOVERNOR PATERSON:    And finally,

         7       to all of the staff that works here, to those

         8       who have kept this chamber in the beautiful

         9       condition and made it the great landmark that

        10       it is, to our sergeant-at-arms, to the

        11       analysts that work here, to the members of the

        12       Senate and to the leaders of the Senate,

        13       should you ever be thrown into a situation as

        14       suddenly and as, in some ways, tragically as I

        15       was, and you're looking for some direction and

        16       you're trying to figure out what is the right

        17       thing to do, there's one old adage that serves

        18       true.

        19                  And it has to do with all the work

        20       that we conducted together, with my

        21       understanding that even though we differ

        22       sometimes on approach, that if we all drew a

        23       picture of the New York that we imagine, it

        24       would look very much the same.  It's the

        25       respect for not only those of you who are



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         1       Senators, but the Assembly members as well who

         2       make the Legislature and work with the

         3       Executive branch to make law.

         4                  So when I was trying to figure out

         5       how to govern this state, when I started to

         6       sit down and have lunch and realized I might

         7       be Governor in a few hours, I remembered that

         8       adage:  Don't forget where you came from.

         9                  Thank you very much.

        10                  (Standing ovation.)

        11                  ACTING PRESIDENT MAZIARZ:    The

        12       Senate will come to order.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Yes,

        15       Mr. President, I believe we were on a roll

        16       call.

        17                  ACTING PRESIDENT MAZIARZ:

        18       Announce the results of Calendar Number 2198,

        19       please.

        20                  Oh, I'm sorry.  Senator Lanza, to

        21       explain his vote.  Senator Lanza.

        22                  SENATOR LANZA:    Thank you,

        23       Mr. President.

        24                  I rise in support of this

        25       legislation, which I think will go very far in



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         1       providing information to parents who make

         2       tough choices every day with respect to what's

         3       appropriate for their children.

         4                  I listened to Senator Duane's

         5       comments on the bill, and he raised concerns

         6       about the First Amendment and speech, talked

         7       about the marketplace and competitive edge,

         8       and the industry here and their right to

         9       participate in the marketplace here in

        10       New York.

        11                  And I agree with all those

        12       concerns, Senator Duane.  I think, however, if

        13       you look closely at this bill, they're not

        14       valid.

        15                  And let's start with speech.

        16       There's all kinds of speech.  If you take an

        17       old-fashioned pinball machine and we plunked

        18       it down in the chamber, we'd look at it and no

        19       one would call it speech.  But when we put

        20       that up on a video screen, it does become

        21       speech, and I acknowledge that.  And it

        22       deserves protection under the Constitution.

        23                  I think, though, there's some

        24       confusion with respect to what this bill

        25       actually accomplishes.  I think the word



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         1       "prohibition" was talked about.  I want to be

         2       clear.  This bill does not prohibit the sale

         3       of any video to anyone.

         4                  There has been legislation

         5       proposed, both in this state and in other

         6       states, that would do just that, that

         7       attempted to say you must have a rating on a

         8       video game and then, based on that rating, you

         9       can only sell the video games to certain age

        10       groups.  Or, in the alternative, you couldn't

        11       sell a video game to someone based on a

        12       rating.

        13                  This doesn't do that.  This simply

        14       says that every video game sold in the State

        15       of New York should simply have a rating

        16       consistent with what the ESRB does presently

        17       in a voluntary way.

        18                  I know Senator Duane talked about

        19       the fact that we do have a voluntary system.

        20       It does work.  But the problem with voluntary

        21       is that tomorrow someone can change their

        22       mind.  Someone could decide tomorrow to no

        23       longer place ratings on these games.

        24                  And so this is not prohibiting the

        25       sale, this is simply about providing



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         1       information to parents.

         2                  You know, I know when I'm in a

         3       store and I'm with my wife and the kids and

         4       they want a video game, and there's a lot

         5       going on in life and things are hectic, and

         6       you have that thing shoved in front of your

         7       face, and your son or your daughter asks once

         8       or twice or three times or four times, five

         9       times -- I have two minutes, correct?  Getting

        10       near the end -- you know, if you're able to

        11       look at that video game and very quickly

        12       determine what kind of game it is, the

        13       decision that you have to make is a lot

        14       easier.

        15                  And that's what this does.  It

        16       provides information.  Information is good.

        17                  I want to commend Senator

        18       Hassell-Thompson for her work.  We worked over

        19       the last two years on this legislation.  Her

        20       insights and her work on this bill I think got

        21       us to the point where we have a very workable,

        22       comprehensive approach.

        23                  Last year's version, where there

        24       was a three-way agreement, included a

        25       provision that would have made it an E felony



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         1       to sell these games.  We all thought it was

         2       wrong.  We took that out.  We worked with the

         3       industry, we worked with the Assembly.

         4                  And we do have an agreement here on

         5       a piece of legislation that I think will go a

         6       long way in allowing parents to make good

         7       decisions with respect to what is and what is

         8       not appropriate for their children.

         9                  I vote aye on the bill.  Thank you.

        10                  ACTING PRESIDENT MAZIARZ:

        11       Senator Lanza will be recorded in the

        12       affirmative.

        13                  Is there any other Senator who

        14       would wish to explain their vote?

        15                  Announce the results.

        16                  THE SECRETARY:    Ayes, 61.  Nays,

        17       1.  Senator Duane recorded in the negative.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       bill is passed.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       2199, by Senator Marcellino, Senate Print

        23       6934A, an act to amend the Vehicle and Traffic

        24       Law.

        25                  ACTING PRESIDENT MAZIARZ:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 4.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MAZIARZ:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 62.

         8                  ACTING PRESIDENT MAZIARZ:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       2200, by Senator Farley, Senate Print 6998, an

        12       act to amend the Education Law.

        13                  ACTING PRESIDENT MAZIARZ:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the same date as

        17       Chapter 654 of the Laws of 2007.

        18                  ACTING PRESIDENT MAZIARZ:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT MAZIARZ:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       2201, by Senator Lanza, Senate Print 7023, an



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         1       act to amend the Tax Law.

         2                  ACTING PRESIDENT MAZIARZ:    There

         3       is a local fiscal impact notice at the desk.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the first day of the

         7       sales tax quarterly period.

         8                  ACTING PRESIDENT MAZIARZ:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT MAZIARZ:

        12       Senator Krueger, to explain her vote.

        13                  SENATOR LIZ KRUEGER:    Thank you.

        14                  You know, I have a dilemma, because

        15       of course I'm actually pretty excited about a

        16       bill that encourages the use of

        17       environmentally sound vehicles in the City of

        18       New York.  But I'm disturbed that I'm learning

        19       that we don't need a home rule from the City

        20       of New York for this bill, because we're

        21       giving away their sales tax.

        22                  And my understanding is that the

        23       City of New York has a revenue problem itself.

        24       And so right now we're standing here, not even

        25       sending an unfunded mandate to the City of



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         1       New York, we're saying we're going to pass a

         2       bill that does away with their tax revenue,

         3       and we didn't even ask them about it.  Because

         4       we're arguing, apparently, since I was asking

         5       behind the scenes, that we don't need a home

         6       rule because we view tax policy as a statewide

         7       issue.

         8                  And I have to say I'm a little

         9       confused about that, because when we pass

        10       sales tax increases on the counties, we always

        11       get asked is there a home rule, and we have to

        12       have one.  But when we're going to actually

        13       reduce the taxes on five counties, the City of

        14       New York, we don't have to ask them.

        15                  So I'm going to -- I don't know

        16       what to do.  Because again, I think if the

        17       city was asked, they might support -- I know

        18       the City of New York not only wants fewer

        19       cars, they want better-emission cars.  But

        20       we're not saying we're giving up our revenue,

        21       we're saying to them they have to give up

        22       their revenue, and we're not even asking them.

        23                  You know, so I'm -- I have to vote

        24       no.  Because I don't think we should do this

        25       to a locality.  I think I'm a strong believer



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         1       in home rule and when we take way their tax

         2       revenue, we ought to ask them and they ought

         3       to want us to.  Because again, we argue here

         4       consistently about unfunded mandates, we argue

         5       about wanting to make sure we respect our

         6       local governments.

         7                  But right now we're passing a bill

         8       that will say:  City of New York, you've lost

         9       your local sales and compensating use taxes,

        10       and we didn't ask you your opinion about it.

        11                  So I'll vote no.  Thank you,

        12       Mr. President.

        13                  ACTING PRESIDENT MAZIARZ:

        14       Senator Krueger will be recorded in the

        15       negative.

        16                  Any other Senator wish to be

        17       explain their vote?

        18                  Announce the results.

        19                  THE SECRETARY:    Ayes, 60.  Nays,

        20       2.  Senators L. Krueger and Onorato recorded

        21       in the negative.

        22                  ACTING PRESIDENT MAZIARZ:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       2202, by Senator Lanza, Senate Print 7032, an



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         1       act to amend the Public Authorities Law.

         2                  ACTING PRESIDENT MAZIARZ:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT MAZIARZ:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT MAZIARZ:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       2203, by Senator Seward, Senate Print 7315A,

        14       an act to amend the Insurance Law.

        15                  ACTING PRESIDENT MAZIARZ:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT MAZIARZ:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 62.

        23                  ACTING PRESIDENT MAZIARZ:    The

        24       bill is passed.

        25                  THE SECRETARY:    In relation to



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         1       Calendar Number 2204, Senator Griffo moves to

         2       discharge, from the Committee on Rules,

         3       Assembly Bill Number 7277 and substitute it

         4       for the identical Senate Bill Number 7337,

         5       Third Reading Calendar 2204.

         6                  ACTING PRESIDENT MAZIARZ:

         7       Substitution ordered.

         8                  The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       2204, by Member of the Assembly Destito,

        11       Assembly Print Number 7277, an act to amend

        12       the Executive Law.

        13                  ACTING PRESIDENT MAZIARZ:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect on the 180th day.

        17                  ACTING PRESIDENT MAZIARZ:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT MAZIARZ:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       2205, by Senator Griffo, Senate Print 7896, an

        25       act authorizing the establishment of solar or



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         1       wind or farm waste energy system.

         2                  ACTING PRESIDENT MAZIARZ:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT MAZIARZ:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT MAZIARZ:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 2206, Senator Seward moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 11591 and substitute it

        16       for the identical Senate Bill Number 7911A,

        17       Third Reading Calendar 2206.

        18                  ACTING PRESIDENT MAZIARZ:

        19       Substitution ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       2206, by the Assembly Committee on Rules,

        23       Assembly Print Number 11591, an act to

        24       authorize the conveyance.

        25                  ACTING PRESIDENT MAZIARZ:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MAZIARZ:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 62.

         8                  ACTING PRESIDENT MAZIARZ:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       2207, by Senator Little, Senate Print 7947B,

        12       an act to amend the Tax Law.

        13                  ACTING PRESIDENT MAZIARZ:    There

        14       is a local fiscal impact note at the desk.

        15                  Read the last section.

        16                  THE SECRETARY:    Section 6.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT MAZIARZ:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT MAZIARZ:    The

        23       bill is passed.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 2208, Senator Volker moves to



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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 11293B and substitute it

         3       for the identical Senate Bill Number 7965B,

         4       Third Reading Calendar 2208.

         5                  ACTING PRESIDENT MAZIARZ:

         6       Substitution ordered.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       2208, by Member of the Assembly Hoyt, Assembly

        10       Print Number 11293B, an act to amend

        11       Chapter 605 of the Laws of 2000.

        12                  ACTING PRESIDENT MAZIARZ:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MAZIARZ:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT MAZIARZ:    The

        21       bill is passed.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 2209, Senator Winner moves to

        24       discharge, from the Committee on Rules,

        25       Assembly Bill Number 10837C and substitute it



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         1       for the identical Senate Bill Number 8021A,

         2       Third Reading Calendar 2209.

         3                  ACTING PRESIDENT MAZIARZ:

         4       Substitution ordered.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       2209, by Member of the Assembly Farrell,

         8       Assembly Print Number 10837C, an act to amend

         9       the Environmental Conservation Law.

        10                  ACTING PRESIDENT MAZIARZ:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 5.  This

        13       act shall take effect on the 30th day.

        14                  ACTING PRESIDENT MAZIARZ:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 2210, Senator Farley moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 10979 and substitute it

        24       for the identical Senate Bill Number 8122,

        25       Third Reading Calendar 2210.



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         1                  ACTING PRESIDENT MAZIARZ:

         2       Substitution ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       2210, by Member of the Assembly Greene,

         6       Assembly Print Number 10979, an act to amend

         7       the Banking Law and the Tax Law.

         8                  ACTING PRESIDENT MAZIARZ:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT MAZIARZ:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT MAZIARZ:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 2211, Senator Serrano moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 10594A and substitute it

        22       for the identical Senate Bill Number 8154A,

        23       Third Reading Calendar 2211.

        24                  ACTING PRESIDENT MAZIARZ:

        25       Substitution ordered.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       2211, by Member of the Assembly Bing, Assembly

         4       Print Number 10594A, an act to amend the

         5       New York State Urban Development Corporation

         6       Act.

         7                  ACTING PRESIDENT MAZIARZ:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT MAZIARZ:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT MAZIARZ:

        15       Senator Serrano, to explain his vote.

        16                  SENATOR SERRANO:    Thank you,

        17       Mr. President.

        18                  I want to thank all my colleagues

        19       in the Senate chamber for supporting this very

        20       important piece of legislation.

        21                  As we all know, we're very happy to

        22       know that we are building a new subway line on

        23       Second Avenue in Manhattan.  And this will

        24       bring much-needed improvement to mass transit

        25       infrastructure as well as remove cars from the



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         1       road.

         2                  But there is a problem with

         3       disruption on Second Avenue, and it has really

         4       had a very negative impact on businesses in

         5       that area.  One in five businesses have closed

         6       their doors.  Many are losing money every

         7       single day.

         8                  And this bill will recognize the

         9       plight of the businesses on Second Avenue by

        10       providing a grants program for those

        11       businesses that have lost revenue and are in

        12       danger of going out of business.

        13                  So I want to thank, once again, my

        14       colleagues here in the Senate, as well as

        15       Assemblymember Bing and all of the

        16       Assemblymembers, for passing this legislation.

        17                  I vote yes.

        18                  ACTING PRESIDENT MAZIARZ:

        19       Senator Serrano will be recorded in the

        20       affirmative.

        21                  Announce the results.

        22                  THE SECRETARY:    Ayes, 62.  Nays,

        23       0.

        24                  ACTING PRESIDENT MAZIARZ:    The

        25       bill is passed.



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         1                  THE SECRETARY:    In relation to

         2       Calendar Number 2212, Senator Robach moves to

         3       discharge, from the Committee on Rules,

         4       Assembly Bill Number 10883B and substitute it

         5       for the identical Senate Bill Number 8161C,

         6       Third Reading Calendar 2212.

         7                  ACTING PRESIDENT MAZIARZ:

         8       Substitution ordered.

         9                  The Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       2212, by Member of the Assembly Morelle,

        12       Assembly Print Number 10883B, an act to amend

        13       the Public Health Law.

        14                  ACTING PRESIDENT MAZIARZ:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT MAZIARZ:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 62.

        22                  ACTING PRESIDENT MAZIARZ:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       2213, by Senator Hannon, Senate Print 8185A,



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         1       an act to amend the Public Health Law.

         2                  ACTING PRESIDENT MAZIARZ:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 22.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT MAZIARZ:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT MAZIARZ:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 2214, Senator Volker moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 11033 and substitute it

        16       for the identical Senate Bill Number 8228,

        17       Third Reading Calendar 2214.

        18                  ACTING PRESIDENT MAZIARZ:

        19       Substitution ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       2214, by Member of the Assembly DelMonte,

        23       Assembly Print Number 11033, an act to amend

        24       the Environmental Conservation Law.

        25                  ACTING PRESIDENT MAZIARZ:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MAZIARZ:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.  Nays,

         8       1.  Senator Duane recorded in the negative.

         9                  ACTING PRESIDENT MAZIARZ:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       2215 --

        13                  ACTING PRESIDENT MAZIARZ:

        14       Senator Skelos.

        15                  SENATOR SKELOS:    Mr. President, I

        16       believe there's a substitution.  So if we

        17       could lay that aside temporarily.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       bill is laid aside temporarily.

        20                  THE SECRETARY:    Calendar Number

        21       2216, by Senator Sampson, Senate Print 8299A,

        22       an act to amend the Executive Law.

        23                  ACTING PRESIDENT MAZIARZ:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the 60th day.

         2                  ACTING PRESIDENT MAZIARZ:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 62.

         6                  ACTING PRESIDENT MAZIARZ:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 2217, Senator Marcellino moves

        10       to discharge, from the Committee on

        11       Corporations, Authorities and Commissions,

        12       Assembly Bill Number 3414A and substitute it

        13       for the identical Senate Bill Number 8356,

        14       Third Reading Calendar 2217.

        15                  ACTING PRESIDENT MAZIARZ:

        16       Substitution ordered.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       2217, by Member of the Assembly Magnarelli,

        20       Assembly Print Number 3414A, an act to amend

        21       the Public Authorities Law.

        22                  ACTING PRESIDENT MAZIARZ:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT MAZIARZ:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT MAZIARZ:

         5       Senator Krueger, to explain her vote.

         6                  SENATOR LIZ KRUEGER:    Thank you,

         7       Mr. President.

         8                  Well, it's not that I'm opposed to

         9       this bill; it's just after the momentum we

        10       seemed to have going here today with the

        11       brownfields bill, I was hoping we might be

        12       passing another one of the environmental

        13       global warming bills.

        14                  Maybe Senator Morahan's 8390.

        15       Maybe Senator Thompson's almost identical

        16       bill, 1800.  If you add up the sponsors of

        17       those two bills, we have almost 30 sponsors

        18       alone.  We have a bill by Senator Schneiderman

        19       that would actually deal with global warming.

        20       We have, actually, quite a few Senator

        21       Marcellino global warming good bills.

        22                  We don't need that much time to

        23       study global warming anymore.  We actually

        24       know what the problem is.

        25                  And so I am sorry in 2008, on the



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         1       last day of the Senate session, rather than

         2       passing a bill that would address global

         3       warming, we're passing a bill that you can't

         4       really find a lot to complain about but would

         5       just say let's study it some more.  And I

         6       think we're way past that.  Even President

         7       Bush now knows we have a global warming

         8       problem.

         9                  So I vote yes, but I wish there

        10       were any number of other bills we were passing

        11       here tonight.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT MAZIARZ:

        14       Senator Krueger will be recorded in the

        15       affirmative.

        16                  Senator Schneiderman, to explain

        17       his vote.

        18                  SENATOR SCHNEIDERMAN:    Thank you,

        19       Mr. President.

        20                  I really can't strongly enough echo

        21       what Senator Krueger has just said.

        22                  And we've accomplished a great deal

        23       this session.  We've been moving bills on

        24       which agreement has alluded us for years.  But

        25       we are really very far behind the curve in



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         1       addressing the issue of global warming.

         2                  We have to do more to stop using so

         3       much energy.  It's an economic matter as well

         4       as an environmental matter.  And it's really

         5       becoming a moral matter.  It is not something

         6       that we will be able to explain to our

         7       children or our grandchildren if the Senate of

         8       the State of New York does not take action.

         9                  I know Senator Marcellino sponsors

        10       a bill similar to mine on climate change.

        11       Senator Morahan, Senator Thompson, as Senator

        12       Krueger, has just said, sponsor a bill on

        13       global warming.

        14                  We have a bipartisan agreement, I

        15       would say close to an unparalleled bipartisan

        16       agreement, that this is an issue we must

        17       address.  We need the political will to get

        18       these bills on the floor.

        19                  I'm going to support Senator

        20       Marcellino's bill to study greenhouse gas

        21       management, but I have to say I don't know

        22       that we need more study to give us

        23       information.  We do need more study to help us

        24       organize and help us promote action.

        25                  The people of the State of New York



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         1       overwhelmingly support much more aggressive

         2       action.  It is something that we're going to

         3       have to take up, I hope in a special session

         4       this year, but certainly at the beginning of

         5       the next year.

         6                  I vote yes, Mr. President, with the

         7       expectation -- not the hope, the

         8       expectation -- that we will do more in the

         9       very near future.

        10                  ACTING PRESIDENT MAZIARZ:

        11       Senator Schneiderman will be recorded in the

        12       affirmative.

        13                  Announce the results.

        14                  THE SECRETARY:    Ayes, 62.  Nays,

        15       0.

        16                  ACTING PRESIDENT MAZIARZ:    The

        17       bill is passed.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    Mr. President,

        20       if we can call up now Calendar Number 2215.

        21                  ACTING PRESIDENT MAZIARZ:    The

        22       Secretary will read.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 2215, Senator Smith moves to

        25       discharge, from the Committee on Rules,



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         1       Assembly Bill Number 11222A and substitute it

         2       for the identical Senate Bill Number 8289A,

         3       Third Reading Calendar 2215.

         4                  ACTING PRESIDENT MAZIARZ:

         5       Substitution ordered.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       2215, by Member of the Assembly Pheffer,

         9       Assembly Print Number 11222A, an act in

        10       relation to authorizing.

        11                  ACTING PRESIDENT MAZIARZ:    There

        12       is a home-rule message at the desk.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MAZIARZ:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 62.

        20                  ACTING PRESIDENT MAZIARZ:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       2218, by Senator Little, Senate Print 8487, an

        24       act to amend the Public Authorities Law.

        25                  ACTING PRESIDENT MAZIARZ:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MAZIARZ:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 62.

         8                  ACTING PRESIDENT MAZIARZ:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       2219, by Senator Bonacic, Senate Print 8511,

        12       an act to amend the Tax Law.

        13                  ACTING PRESIDENT MAZIARZ:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT MAZIARZ:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 62.

        21                  ACTING PRESIDENT MAZIARZ:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       2220, by Senator C. Kruger, Senate Print

        25       8542A, an act to amend the Tax Law and the



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         1       Social Services Law.

         2                  SENATOR LIZ KRUEGER:    Lay it

         3       aside, please.

         4                  ACTING PRESIDENT MAZIARZ:    Lay

         5       the bill aside.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 2221, Senator O. Johnson moves

         8       to discharge, from the Committee on Rules,

         9       Assembly Bill Number 11288 and substitute it

        10       for the identical Senate Bill Number 8560,

        11       Third Reading Calendar 2221.

        12                  ACTING PRESIDENT MAZIARZ:

        13       Substitution ordered.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       2221, by Member of the Assembly Millman,

        17       Assembly Print Number 11288, an act to amend

        18       the Economic Development Law.

        19                  ACTING PRESIDENT MAZIARZ:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect on the 90th day.

        23                  ACTING PRESIDENT MAZIARZ:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT MAZIARZ:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       2222, by Senator Marcellino, Senate Print

         6       8565, an act to amend the General Municipal

         7       Law.

         8                  ACTING PRESIDENT MAZIARZ:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of January.

        12                  ACTING PRESIDENT MAZIARZ:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT MAZIARZ:    The

        17       bill is passed.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 2223, Senator DeFrancisco

        20       moves to discharge, from the Committee on

        21       Rules, Assembly Bill Number 11657A and

        22       substitute it for the identical Senate Bill

        23       Number 8569A, Third Reading Calendar 2223.

        24                  ACTING PRESIDENT MAZIARZ:

        25       Substitution ordered.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       2223, by the Assembly Committee on Rules,

         4       Assembly Print Number 11657A, an act to amend

         5       the Domestic Relations Law and others.

         6                  ACTING PRESIDENT MAZIARZ:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect on the 120th day.

        10                  ACTING PRESIDENT MAZIARZ:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 62.

        14                  ACTING PRESIDENT MAZIARZ:    The

        15       bill is passed.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 2224, Senator Volker moves to

        18       discharge, from the Committee on Rules,

        19       Assembly Bill Number 7197 and substitute it

        20       for the identical Senate Bill Number 8576,

        21       Third Reading Calendar 2224.

        22                  ACTING PRESIDENT MAZIARZ:

        23       Substitution ordered.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       2224, by Member of the Assembly Lavine,

         2       Assembly Print Number 7197, an act to amend

         3       the Criminal Procedure Law.

         4                  ACTING PRESIDENT MAZIARZ:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the first of

         8       November.

         9                  ACTING PRESIDENT MAZIARZ:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT MAZIARZ:

        13       Announce the results.

        14                  THE SECRETARY:    Ayes, 61.  Nays,

        15       1.  Senator Duane recorded in the negative.

        16                  ACTING PRESIDENT MAZIARZ:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       2225, by Senator Little, Senate Print 8583, an

        20       act to amend the Insurance Law.

        21                  ACTING PRESIDENT MAZIARZ:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 15.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT MAZIARZ:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT MAZIARZ:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       2226, by Senator Lanza, Senate Print 8609, an

         8       act to amend the Public Buildings Law.

         9                  ACTING PRESIDENT MAZIARZ:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT MAZIARZ:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT MAZIARZ:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 62.

        19                  ACTING PRESIDENT MAZIARZ:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       2227, by the Senate Committee on Rules, Senate

        23       Print Number 8611, an act to amend the Public

        24       Health Law.

        25                  ACTING PRESIDENT MAZIARZ:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MAZIARZ:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT MAZIARZ:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 62.

        10                  ACTING PRESIDENT MAZIARZ:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 2228, Senator Robach moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 9500A and substitute it

        16       for the identical Senate Bill Number 8628,

        17       Third Reading Calendar 2228.

        18                  ACTING PRESIDENT MAZIARZ:

        19       Substitution ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       2228, by Member of the Assembly Schroeder,

        23       Assembly Print Number 9500A, an act to amend

        24       the Real Property Tax Law.

        25                  ACTING PRESIDENT MAZIARZ:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MAZIARZ:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.  Nays,

         8       1.  Senator Hassell-Thompson recorded in the

         9       negative.

        10                  ACTING PRESIDENT MAZIARZ:    The

        11       bill is passed.

        12                  THE SECRETARY:    In relation to

        13       Calendar Number 2229, Senator Maltese moves to

        14       discharge, from the Committee on Rules,

        15       Assembly Bill Number 11636 and substitute it

        16       for the identical Senate Bill Number 8629,

        17       Third Reading Calendar 2229.

        18                  ACTING PRESIDENT MAZIARZ:

        19       Substitution ordered.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       2229, by the Assembly Committee on Rules,

        23       Assembly Print Number 11636, an act to amend

        24       the Penal Law.

        25                  ACTING PRESIDENT MAZIARZ:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect on the first of

         4       November.

         5                  ACTING PRESIDENT MAZIARZ:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT MAZIARZ:

         9       Announce the results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 2229 are

        12       Senators Duane, Montgomery and Perkins.

        13                  Ayes, 59.  Nays, 3.

        14                  ACTING PRESIDENT MAZIARZ:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       2230, by Senator Seward, Senate Print 8632, an

        18       act authorizing a study to ascertain.

        19                  ACTING PRESIDENT MAZIARZ:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT MAZIARZ:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  ACTING PRESIDENT MAZIARZ:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       2231, by the Senate Committee on Rules, Senate

         6       Print Number 8638, an act to repeal

         7       subparagraph (vi) of paragraph 8 of

         8       subdivision (b) of Section 1101 of the Tax

         9       Law.

        10                  ACTING PRESIDENT MAZIARZ:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT MAZIARZ:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT MAZIARZ:

        18       Senator Schneiderman, to explain your vote.

        19                  SENATOR SCHNEIDERMAN:    Thank you,

        20       Mr. President.

        21                  I'm going to encourage everyone to

        22       vote against this bill.  I don't think it's

        23       likely to accomplish much, since it doesn't

        24       have a sponsor in the Assembly.  But this is a

        25       bill that really takes us in the wrong



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         1       direction when it comes to the taxation of

         2       sales through the Internet.

         3                  For many, many years we have been

         4       discriminating against companies that actually

         5       have places of business in New York by

         6       allowing companies that sell through the

         7       Internet to avoid taxes.  We've taken steps in

         8       the last few years to correct that.

         9                  This bill would take a particular

        10       type of Internet sales that's called an

        11       affiliates program and exempt it again from

        12       taxes, costing the State of New York

        13       $50 million a year.

        14                  As far as I'm concerned, if you're

        15       selling in New York, you should be subject to

        16       New York sales tax.  The only evidence

        17       proffered is that one company decided not to

        18       use its affiliates program because of our

        19       existing law that requires all Internet sales

        20       companies to be taxed.

        21                  We don't need to be creating a

        22       $50 million hole.  We don't need to be giving

        23       Internet companies in other states an

        24       advantage over the actual businesses in our

        25       state that employ our citizens.



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         1                  I encourage everyone to vote no,

         2       including the sponsor, Senator Rules.

         3                  ACTING PRESIDENT MAZIARZ:

         4       Senator Schneiderman will be recorded in the

         5       negative.

         6                  Senator Krueger, to explain her

         7       vote.

         8                  SENATOR LIZ KRUEGER:    Thank you

         9       so much, Mr. President.

        10                  Well, I have to agree completely

        11       with my colleague Senator Schneiderman.

        12                  I really think Senator Rules needs

        13       to understand, one, we just put this law into

        14       effect three months ago in the budget.

        15                  Two, we've planned for $50 million

        16       in revenue from Internet sales, where we would

        17       have to go and cut $50 million somewhere now

        18       if this law went into effect.

        19                  But third, and I think most

        20       important, again, my theme for the day:  What

        21       about being fair in tax policy to all the

        22       businesses in New York State?  What about the

        23       small businesses that are employing people?

        24                  Because if you don't have to pay

        25       your tax by ordering online, why are you going



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         1       to go to your local community store and buy it

         2       there?  They already find themselves in an

         3       economic unfair situation as far as having

         4       limited ability to purchase at a lower cost

         5       compared to the large national and even

         6       international guys.

         7                  And now we're saying, if we change

         8       this law, Oh, yeah, and if you go to your

         9       neighborhood store in your downtown on your

        10       main street in your small community or in your

        11       large city, if you go to the store to buy the

        12       product, then you're going to have to pay tax.

        13       But if you do it over the Internet, then you

        14       save that money and you lose us jobs right

        15       here at home.

        16                  Again, Senator Rules needs to

        17       understand, this is bad for small business and

        18       it's uneven and unfair tax treatment of

        19       business in New York State.  I urge everyone,

        20       don't go down this road.  We finally fixed

        21       this.  Vote no here tonight.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT MAZIARZ:

        24       Senator Krueger will be recorded in the

        25       negative.



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         1                  Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 2231 are

         4       Senators Connor, Duane, Gonzalez,

         5       Hassell-Thompson, Huntley, L. Krueger,

         6       Onorato, Parker, Perkins, Sabini, Sampson,

         7       Savino and Schneiderman.  Also Senator

         8       Stavisky.  Also Senator Oppenheimer.  Also

         9       Senator Serrano.  Also Senator Montgomery.

        10       Also Senator Diaz.

        11                  ACTING PRESIDENT MAZIARZ:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 44.  Nays,

        14       18.

        15                  ACTING PRESIDENT MAZIARZ:    The

        16       bill is passed.

        17                  THE SECRETARY:    In relation to

        18       Calendar Number 2232, Senator Maziarz moves to

        19       discharge, from the Committee on Rules,

        20       Assembly Bill Number 11504 and substitute it

        21       for the identical Senate Bill Number 8642,

        22       Third Reading Calendar 2232.

        23                  ACTING PRESIDENT MAZIARZ:

        24       Substitution ordered.

        25                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       2232, by the Assembly Committee on Rules,

         3       Assembly Print Number 11504, an act to amend

         4       the Tax Law.

         5                  ACTING PRESIDENT MAZIARZ:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MAZIARZ:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 62.

        13                  ACTING PRESIDENT MAZIARZ:    The

        14       bill is passed.

        15                  THE SECRETARY:    In relation to

        16       Calendar Number 2233, Senator Marcellino moves

        17       to discharge, from the Committee on Rules,

        18       Assembly Bill Number 11725 and substitute it

        19       for the identical Senate Bill Number 8643A,

        20       Third Reading Calendar 2233.

        21                  ACTING PRESIDENT MAZIARZ:

        22       Substitution ordered.

        23                  The Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       2233, by the Assembly Committee on Rules,



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         1       Assembly Print Number 11725, an act to amend

         2       the Environmental Conservation Law.

         3                  ACTING PRESIDENT MAZIARZ:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 5.  This

         6       act shall take effect on the first of January.

         7                  ACTING PRESIDENT MAZIARZ:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 62.

        11                  ACTING PRESIDENT MAZIARZ:    The

        12       bill is passed.

        13                  I'm sorry, Senator Schneiderman, to

        14       explain his vote.

        15                  SENATOR SCHNEIDERMAN:    Thank you,

        16       Mr. President.  To explain my vote.

        17                  This is a first step but a very

        18       modest first step towards dealing with another

        19       emerging environmental crisis in our state,

        20       which is the proliferation of plastic bags and

        21       our inability to dispose of them.

        22                  According to scientists, there's

        23       now an area out in the Pacific Ocean twice the

        24       side of Texas largely composed of plastic

        25       refuse from the United States.



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         1                  I support this bill.  I commend

         2       Senator Marcellino.  But I don't believe a

         3       voluntary recycling program goes nearly far

         4       enough.  I think the people of the State of

         5       New York are ready to go to a more sane system

         6       of using reusable bags and carrying them.  A

         7       lot of stores are making them available now.

         8                  This is again an issue which I hope

         9       that in the months ahead we will take much

        10       more aggressive action.  We should get back to

        11       the sack and dump plastic bags.

        12                  Thank you, Mr. President.

        13                  (Laughter.)

        14                  ACTING PRESIDENT MAZIARZ:    Thank

        15       you, Senator Schneiderman.

        16                  Senator Schneiderman will be

        17       recorded in the affirmative.

        18                  Announce the results.

        19                  THE SECRETARY:    Ayes, 62.  Nays,

        20       0.

        21                  ACTING PRESIDENT MAZIARZ:    The

        22       bill is passed, again.

        23                  THE SECRETARY:    Calendar Number

        24       2234, by Senator Hannon, Senate Print 8645, an

        25       act to amend the Public Health Law.



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         1                  ACTING PRESIDENT MAZIARZ:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT MAZIARZ:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT MAZIARZ:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 2235, Senator Padavan moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 11714A and substitute it

        15       for the identical Senate Bill Number 8647A,

        16       Third Reading Calendar 2235.

        17                  ACTING PRESIDENT MAZIARZ:

        18       Substitution ordered.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       2235, by the Assembly Committee on Rules,

        22       Assembly Print Number 11714A, an act to amend

        23       the Education Law.

        24                  ACTING PRESIDENT MAZIARZ:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect on the same date and in

         3       the same manner as a chapter of the Laws of

         4       2008.

         5                  ACTING PRESIDENT MAZIARZ:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT MAZIARZ:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 2236, Senator Perkins moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 10772 and substitute it

        15       for the identical Senate Bill Number 8648,

        16       Third Reading Calendar 2236.

        17                  ACTING PRESIDENT MAZIARZ:

        18       Substitution ordered.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       2236, by Member of the Assembly Wright,

        22       Assembly Print Number 10772, an act

        23       authorizing the City of New York to reconvey

        24       its interest.

        25                  ACTING PRESIDENT MAZIARZ:    There



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         1       is a home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT MAZIARZ:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT MAZIARZ:    The

        10       bill is passed.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 2237, Senator Maltese moves to

        13       discharge, from the Committee on Rules,

        14       Assembly Bill Number 11719 and substitute it

        15       for the identical Senate Bill Number 8650,

        16       Third Reading Calendar 2237.

        17                  ACTING PRESIDENT MAZIARZ:

        18       Substitution ordered.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       2237, by the Assembly Committee on Rules,

        22       Assembly Print Number 11719, an act to amend

        23       the Education Law.

        24                  ACTING PRESIDENT MAZIARZ:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the same date and in

         3       the same manner as a chapter of the Laws of

         4       2008.

         5                  ACTING PRESIDENT MAZIARZ:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 62.

         9                  ACTING PRESIDENT MAZIARZ:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       2238, by Senator Hannon, Senate Print 8657, an

        13       act to amend the Public Health Law and the

        14       Education Law.

        15                  ACTING PRESIDENT MAZIARZ:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT MAZIARZ:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT MAZIARZ:

        23       Senator Oppenheimer.

        24                  SENATOR OPPENHEIMER:    I would

        25       like to speak on the bill.



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         1                  ACTING PRESIDENT MAZIARZ:

         2       Senator Oppenheimer, to explain your vote.

         3                  SENATOR OPPENHEIMER:    That's what

         4       I meant.

         5                  I have a word here from the

         6       Physical Therapy Association, and they are

         7       opposing this bill.  And they are opposing it

         8       because "New York State has had a very long

         9       tradition of insulating our healthcare

        10       professionals from profit pressures, which are

        11       created by the ownership of professional

        12       organizations by unlicensed individuals or

        13       corporations.

        14                  "Free of professional obligations,

        15       unlicensed individuals or corporations will

        16       pressure licensed healthcare professionals to

        17       put profits before care."

        18                  I think that's something we all

        19       worry about, profits before care.  This bill

        20       erodes the public protection provided by the

        21       ban on corporate practice, and it subjects

        22       children served under the Early Intervention

        23       Program -- which this bill does, it's for the

        24       youngest children -- to the profit motives of

        25       unlicensed individuals.



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         1                  It further grants them two

         2       representatives on the Corporate Practice

         3       Advisory Panel, and yet licensed healthcare

         4       professionals have no representation on the

         5       panel.

         6                  I think this is something that we

         7       worry about a lot.  We worry about profits

         8       taking the place of good healthcare.  And this

         9       is an instance where our youngest, our

        10       children who are in the Early Intervention

        11       Program, will be subjected to those pressures

        12       where profits may take precedence over care.

        13                  So I'm voting no, and I would like

        14       everyone to be voting no.  Thank you.

        15                  ACTING PRESIDENT MAZIARZ:

        16       Senator Oppenheimer will be recorded in the

        17       negative.

        18                  Senator Hannon.

        19                  SENATOR HANNON:    There's

        20       something on the bill I'd like to explain.

        21                  This bill is prompted by a program

        22       bill that was put in by the Department of

        23       Health which exposed some fissures, some rifts

        24       among the providers of early intervention.

        25       Early intervention for 20 years has functioned



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         1       in an exemplary way, treating young children,

         2       infants so that later on in their life they do

         3       not have medical problems.

         4                  What this bill does is simply take

         5       those rifts and hold them still.  It does not

         6       create any new rights.  All of the people who

         7       now practice can continue to practice while

         8       the Department of Health and the Department of

         9       Education have some ongoing talks to figure

        10       out how they can harmonize their regulation,

        11       how we can continue this program to move

        12       forward.

        13                  In essence, this is a standstill

        14       bill.  It's not something that changes, I

        15       reiterate.  I hadn't seen the memo that

        16       Senator Oppenheimer read.  I wish she had

        17       brought it to my attention.  Because as far as

        18       I know, it contains some serious factual

        19       errors, from her reading of it out loud.

        20                  I would recommend this bill.  It

        21       will solve problems.  It will continue early

        22       intervention, delivering services to kids in

        23       this state.  And it means that we will revisit

        24       these very issues in the near future when we

        25       can get our regulatory agencies to act in a



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         1       rational manner.

         2                  Thank you.

         3                  ACTING PRESIDENT MAZIARZ:

         4       Senator Hannon will be recorded in the

         5       affirmative.

         6                  Senator Stavisky, to explain her

         7       vote.

         8                  SENATOR STAVISKY:    To explain my

         9       vote, please.

        10                  There are some very good people on

        11       this panel.  However, by adding two

        12       representatives of the for-profit entities,

        13       it's like having the fox guarding the chicken

        14       house.  Self-regulation I think is a danger,

        15       and I vote no.

        16                  ACTING PRESIDENT MAZIARZ:

        17       Senator Stavisky will be recorded in the

        18       negative.

        19                  Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 2238 are

        22       Senators Adams, Connor, Gonzalez,

        23       Hassell-Thompson, Huntley, L. Krueger,

        24       Montgomery, Onorato, Oppenheimer, Parker,

        25       Perkins, Sabini, Savino, Schneiderman and



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         1       Stavisky.  Also Senator Serrano.  Also

         2       Senator Duane.

         3                  Ayes, 45.  Nays, 17.

         4                  ACTING PRESIDENT MAZIARZ:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       2239, by Senator Little, Senate Print 8659, an

         8       act to amend the Navigation Law and the

         9       Insurance Law.

        10                  ACTING PRESIDENT MAZIARZ:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 5.  This

        13       act shall take effect on the 90th day.

        14                  ACTING PRESIDENT MAZIARZ:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 62.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       2240, by Senator Golden, Senate Print 8667, an

        22       act to amend the Public Service Law.

        23                  ACTING PRESIDENT MAZIARZ:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT MAZIARZ:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 62.

         6                  ACTING PRESIDENT MAZIARZ:    The

         7       bill is passed.

         8                  THE SECRETARY:    In relation to

         9       Calendar Number 2241, Senator Saland moves to

        10       discharge, from the Committee on Rules,

        11       Assembly Bill Number 10474 and substitute it

        12       for the identical Senate Bill Number 8670,

        13       Third Reading Calendar 2241.

        14                  ACTING PRESIDENT MAZIARZ:

        15       Substitution ordered.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       2241, by Member of the Assembly Dinowitz,

        19       Assembly Print Number 10474, an act to amend

        20       the Elder Law.

        21                  ACTING PRESIDENT MAZIARZ:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the 90th day.

        25                  ACTING PRESIDENT MAZIARZ:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 62.

         4                  ACTING PRESIDENT MAZIARZ:    The

         5       bill is passed.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 2242, Senator Hannon moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 9512A and substitute it

        10       for the identical Senate Bill Number 6527B,

        11       Third Reading Calendar 2242.

        12                  ACTING PRESIDENT MAZIARZ:

        13       Substitution ordered.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       2242, by Member of the Assembly Weisenberg,

        17       Assembly Print Number 9512A, an act to amend

        18       the Public Health Law.

        19                  ACTING PRESIDENT MAZIARZ:

        20       Senator Skelos.

        21                  SENATOR SKELOS:    Mr. President,

        22       is there a message of necessity at the desk?

        23                  ACTING PRESIDENT MAZIARZ:    There

        24       is no message of necessity at the desk for

        25       this bill.  It's the next bill.



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         1                  Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the first of January.

         4                  ACTING PRESIDENT MAZIARZ:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT MAZIARZ:

         8       Senator LaValle.

         9                  SENATOR LaVALLE:    Mr. President,

        10       I rise to compliment Senator Hannon for this

        11       bill that will provide early screening and

        12       establish best-practice protocols in screening

        13       for children who might have autism.  And he is

        14       to be congratulated.

        15                  Early screening, early detection is

        16       the best defense that we have.  I vote in the

        17       affirmative.

        18                  ACTING PRESIDENT MAZIARZ:

        19       Senator LaValle will be recorded in the

        20       affirmative.

        21                  Announce the results.

        22                  THE SECRETARY:    Ayes, 62.  Nays,

        23       0.

        24                  ACTING PRESIDENT MAZIARZ:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       2243, by Senator Seward, Senate Print 7369A,

         3       an act to amend the Insurance Law.

         4                  ACTING PRESIDENT MAZIARZ:

         5       Senator Skelos.

         6                  SENATOR SKELOS:    Now,

         7       Mr. President, is there a message of necessity

         8       at the desk?

         9                  ACTING PRESIDENT MAZIARZ:    There

        10       is a message of necessity at the desk.

        11                  SENATOR SKELOS:    I move to

        12       accept.

        13                  ACTING PRESIDENT MAZIARZ:    All in

        14       favor signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT MAZIARZ:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT MAZIARZ:    The

        20       message is accepted.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 15.  This

        23       act shall take effect on the 180th day.

        24                  ACTING PRESIDENT MAZIARZ:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT MAZIARZ:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       2244, by the Senate Committee on Rules, Senate

         7       Print 8580, an act to amend the Public Health

         8       Law.

         9                  SENATOR HANNON:    Lay it aside.

        10                  ACTING PRESIDENT MAZIARZ:    Lay

        11       the bill aside.

        12                  Senator Skelos, that completes the

        13       noncontroversial reading of Calendar Number

        14       64C.

        15                  SENATOR SKELOS:    Mr. President,

        16       would you please call up Calendar Number 1275.

        17                  ACTING PRESIDENT MAZIARZ:    The

        18       Secretary will read.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 1275, Senator Saland moves to

        21       discharge, from the Committee on Social

        22       Services, Children and Families, Assembly Bill

        23       Number 10228 and substitute it for the

        24       identical Senate Bill Number 7185, Third

        25       Reading Calendar 1275.



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         1                  ACTING PRESIDENT MAZIARZ:

         2       Substitution ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       1275, by Member of the Assembly Paulin,

         6       Assembly Print Number 10228, an act to amend

         7       the Social Services Law.

         8                  ACTING PRESIDENT MAZIARZ:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT MAZIARZ:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 62.

        16                  ACTING PRESIDENT MAZIARZ:    The

        17       bill is passed.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    Mr. President,

        20       would you please call up Calendar Number 1635.

        21                  ACTING PRESIDENT MAZIARZ:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       1635, by Senator Nozzolio, Senate Print 7844B,

        25       an act in relation to authorizing the Town of



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         1       Webster in the County of Monroe.

         2                  ACTING PRESIDENT MAZIARZ:

         3       Senator Skelos.

         4                  SENATOR SKELOS:    Is there a

         5       message at the desk?

         6                  ACTING PRESIDENT MAZIARZ:    There

         7       is a message, Senator.

         8                  SENATOR SKELOS:    Move to accept.

         9                  ACTING PRESIDENT MAZIARZ:    There

        10       is a message of necessity at the desk.  All

        11       those in favor of accepting the message

        12       signify by saying aye.

        13                  (Response of "Aye.)

        14                  ACTING PRESIDENT MAZIARZ:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT MAZIARZ:    The

        18       message is accepted.

        19                  There is a home-rule message at the

        20       desk.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 7.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT MAZIARZ:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 62.

         3                  ACTING PRESIDENT MAZIARZ:    The

         4       bill is passed.

         5                  Senator Serrano.

         6                  SENATOR SERRANO:    Thank you,

         7       Mr. President.

         8                  I just would like the record to

         9       reflect that had I had the opportunity, I

        10       would have voted no on Calendar Number 2214.

        11       Thank you.

        12                  ACTING PRESIDENT MAZIARZ:    The

        13       record will so reflect, Senator Serrano.

        14                  Senator Bruno.

        15                  SENATOR BRUNO:    Mr. President,

        16       can we at this time call up Calendar Number

        17       570.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       Secretary will read.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 570, Senator Padavan moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 246B and substitute it

        24       for the identical Senate Bill Number 5920,

        25       Third Reading Calendar 570.



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         1                  ACTING PRESIDENT MAZIARZ:    The

         2       substitution is ordered.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       570, by Member of the Assembly Clark, Assembly

         6       Print Number 246B, an act to amend the

         7       Agriculture and Markets Law.

         8                  ACTING PRESIDENT MAZIARZ:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT MAZIARZ:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 61.  Nays,

        16       1.  Senator Parker recorded in the negative.

        17                  ACTING PRESIDENT MAZIARZ:    The

        18       bill is passed.

        19                  SENATOR BRUNO:    Mr. President,

        20       can we at this time lay aside permanently

        21       Calendar Number 2220.  It was laid aside

        22       temporarily before.

        23                  ACTING PRESIDENT MAZIARZ:

        24       Calendar Number 2220 is laid aside for the

        25       day.



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         1                  Senator Bruno.

         2                  SENATOR BRUNO:    Can we return to

         3       motions and resolutions.

         4                  ACTING PRESIDENT MAZIARZ:

         5       Returning to the order of motions and

         6       resolutions.

         7                  Senator Fuschillo.

         8                  SENATOR FUSCHILLO:    Thank you,

         9       Mr. President.

        10                  On behalf of Senator Hannon, I wish

        11       to call up Calendar Number 1974, Assembly

        12       Print Number 6811B.

        13                  ACTING PRESIDENT MAZIARZ:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       1974, by Member of the Assembly Gottfried,

        17       Assembly Print Number 6811B, an act to amend

        18       the Public Health Law.

        19                  SENATOR FUSCHILLO:    I now move to

        20       reconsider the vote by which the Assembly bill

        21       was substituted for this bill, Senate Print

        22       Number 7749A, on June 18th.

        23                  ACTING PRESIDENT MAZIARZ:    Call

        24       the roll on reconsideration.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 62.

         2                  SENATOR FUSCHILLO:    I now move

         3       that Assembly Bill 6811B be recommitted to the

         4       Committee on Rules and the Senate bill be

         5       recommitted to the Committee on Rules.

         6                  ACTING PRESIDENT MAZIARZ:    So

         7       ordered.

         8                  SENATOR FUSCHILLO:    Thank you.

         9                  ACTING PRESIDENT MAZIARZ:

        10       Senator Nozzolio.

        11                  SENATOR NOZZOLIO:    Thank you,

        12       Mr. President.

        13                  On behalf of Senator Libous, I wish

        14       to call up Calendar Number 894, Assembly Print

        15       Number 536A.

        16                  ACTING PRESIDENT MAZIARZ:    The

        17       Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       894, by Member of the Assembly Paulin,

        20       Assembly Print Number 536A, an act to amend

        21       the Agriculture and Markets Law.

        22                  ACTING PRESIDENT MAZIARZ:

        23       Senator Nozzolio.

        24                  SENATOR NOZZOLIO:    I now move to

        25       reconsider the vote by which this Assembly



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         1       bill was substituted for Senate Print Number

         2       3082A on June 10th.

         3                  ACTING PRESIDENT MAZIARZ:    Call

         4       the roll on reconsideration.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 62.

         7                  SENATOR NOZZOLIO:    Mr. President,

         8       I now move that Assembly Bill Number 536A be

         9       recommitted to the Rules Committee and that

        10       the Senate bill be recommitted to the

        11       Committee on Rules.

        12                  ACTING PRESIDENT MAZIARZ:    So

        13       ordered.

        14                  Senator Bruno.

        15                  SENATOR BRUNO:    Mr. President,

        16       can we at this time take up Calendar Number

        17       2244.

        18                  ACTING PRESIDENT MAZIARZ:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       2244, by the Senate Committee on Rules, Senate

        22       Print 8580, an act to amend the Public Health

        23       Law.

        24                  ACTING PRESIDENT MAZIARZ:

        25       Senator Hannon.



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         1                  SENATOR HANNON:    On the bill.

         2                  ACTING PRESIDENT MAZIARZ:

         3       Senator Hannon, on the bill.

         4                  SENATOR HANNON:    This bill

         5       apparently would amend the Public Health Law

         6       in regard to office-space surgery.  It was

         7       introduced and got into Rules.

         8                  I would oppose the bill because I

         9       have not had -- I never saw this before.  We

        10       had it in Rules about half an hour ago.  And I

        11       said that the office-space surgery statute,

        12       which took us at least two general statutes,

        13       one Court of Appeals decision, two reports by

        14       a special committee, many of whom were

        15       surgeons from the Medical Society of the State

        16       of New York, came up with a system of

        17       office-space surgery that I think is

        18       comprehensive and gives protection to the

        19       public of this state.

        20                  It went into effect on January 1 of

        21       this year.  It talks about whenever there is

        22       surgery in an office that is of a moderate or

        23       heavy sedation, or a certain amount of

        24       liposuction, that there shall be regulations

        25       set up using not the state regulations but any



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         1       of the national recognized associations.

         2                  This would purport to give an

         3       exception to that.  Seven years of discussion

         4       of that, I never heard of this.  I don't know

         5       if this is well-based.  And I would ask that

         6       that bill be laid aside at this time until we

         7       can consider it.

         8                  If people have objections to this,

         9       if people think there are legitimate reasons

        10       to have exceptions, well, fine, let's discuss

        11       them.  Now is not the time.

        12                  ACTING PRESIDENT MAZIARZ:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MAZIARZ:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT MAZIARZ:

        20       Senator Krueger.

        21                  SENATOR HANNON:    Slow roll call.

        22                  SENATOR LIZ KRUEGER:    I yield to

        23       Senator Hannon first.

        24                  ACTING PRESIDENT MAZIARZ:

        25       Senator Hannon, why do you rise?



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         1                  SENATOR HANNON:    I'm requesting

         2       that people stand and we'll have a slow roll

         3       call.

         4                  I was told we weren't going to do

         5       this bill.

         6                  ACTING PRESIDENT MAZIARZ:

         7       Senator Hannon, there needs to be five members

         8       standing for a slow roll call.  The chair does

         9       not see five members standing.

        10                  The Secretary will call the roll

        11       slowly.

        12                  Can we have some order in the house

        13       while the roll is called.

        14                  SENATOR ONORATO:    Mr. President.

        15       Mr. President, point of information.

        16                  ACTING PRESIDENT MAZIARZ:

        17       Senator Onorato.

        18                  SENATOR ONORATO:    Point of

        19       information.

        20                  ACTING PRESIDENT MAZIARZ:    Excuse

        21       me, Senator Onorato, we're on a roll call.

        22       You can explain your vote when your name is

        23       called, Senator.

        24                  The Secretary will call the roll.

        25                  THE SECRETARY:    Senator Adams.



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         1                  SENATOR ADAMS:    No.

         2                  THE SECRETARY:    Senator Alesi.

         3                  SENATOR ALESI:    Yes.

         4                  THE SECRETARY:    Senator

         5       Aubertine.

         6                  ACTING PRESIDENT MAZIARZ:

         7       Senator Aubertine, how do you vote?

         8                  SENATOR AUBERTINE:    No.

         9                  THE SECRETARY:    Senator Bonacic.

        10                  SENATOR BONACIC:    Yes.

        11                  THE SECRETARY:    Senator Breslin.

        12                  SENATOR BRESLIN:    No.

        13                  THE SECRETARY:    Senator Bruno.

        14                  SENATOR BRUNO:    Yes.

        15                  THE SECRETARY:    Senator Connor.

        16                  SENATOR CONNOR:    No.

        17                  THE SECRETARY:    Senator

        18       DeFrancisco.

        19                  SENATOR DeFRANCISCO:    Yes.

        20                  THE SECRETARY:    Senator Diaz.

        21                  SENATOR DIAZ:    No.

        22                  THE SECRETARY:    Senator Dilan.

        23                  SENATOR DILAN:    No.

        24                  THE SECRETARY:    Senator Duane.

        25                  SENATOR DUANE:    Mr. President,



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         1       before I vote, I'm confused.  Oddly.

         2                  ACTING PRESIDENT MAZIARZ:

         3       Senator Duane, are you explaining your vote?

         4                  SENATOR DUANE:    I want

         5       clarification on what I'm voting on.  Am I

         6       voting on the procedure or on the underlying

         7       bill?

         8                  ACTING PRESIDENT MAZIARZ:    We're

         9       voting on the bill, Senator Duane.

        10                  SENATOR DUANE:    Voting on the

        11       bill.

        12                  ACTING PRESIDENT MAZIARZ:    On the

        13       bill.

        14                  SENATOR DUANE:    No.

        15                  ACTING PRESIDENT MAZIARZ:

        16       Senator Duane will be recorded in the

        17       negative.

        18                  THE SECRETARY:    Senator Farley.

        19                  SENATOR FARLEY:    Aye.

        20                  ACTING PRESIDENT MAZIARZ:

        21       Senator Flanagan.

        22                  SENATOR FLANAGAN:    Yes.

        23                  THE SECRETARY:    Senator

        24       Fuschillo.

        25                  SENATOR FUSCHILLO:    Yes.



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         1                  THE SECRETARY:    Senator Golden.

         2                  SENATOR GOLDEN:    Yes.

         3                  THE SECRETARY:    Senator Gonzalez.

         4                  SENATOR GONZALEZ:    No.

         5                  THE SECRETARY:    Senator Griffo.

         6                  SENATOR GRIFFO:    Yes.

         7                  SENATOR BRUNO:    Mr. President,

         8       would you lay the bill aside, please.

         9                  ACTING PRESIDENT MAZIARZ:    The

        10       bill is laid aside.

        11                  Senator Bruno.

        12                  SENATOR BRUNO:    Mr. President,

        13       I'd like to recommit the balance of the

        14       calendar to the Committee on Rules.

        15                  ACTING PRESIDENT MAZIARZ:    The

        16       calendar is recommitted to the Committee on

        17       Rules.

        18                  SENATOR BRUNO:    Mr. President,

        19       can you recognize Senator Smith at this time.

        20                  ACTING PRESIDENT MAZIARZ:

        21       Senator Smith.

        22                  SENATOR SMITH:    Thank you very

        23       much, Mr. President.

        24                  To my members, my colleagues,

        25       friends, staff, I would hope that you would



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         1       indulge me.  To my hardworking members and my

         2       hardworking staff, I would like to yield my

         3       time to my good friend.  I think the floor of

         4       the Senate belongs to him.

         5                  And at this time I would like to

         6       yield my time, Mr. President, to my good

         7       friend, someone who has been tremendous for

         8       this state, Senator Joe Bruno.

         9                  ACTING PRESIDENT MAZIARZ:

        10       Senator Bruno.

        11                  SENATOR BRUNO:    Thank you,

        12       Senator Smith.

        13                  Mr. President and colleagues, you

        14       know, I'm learning the real meaning of

        15       bittersweet.  And yesterday and today are

        16       exactly that.

        17                  I was reflecting, early this

        18       morning, I walked into this chamber about

        19       40 years ago.  Senator Stafford was here as my

        20       Senator.  I was president, believe it or not,

        21       of the Young Republicans.  Over 40 years ago.

        22                  (Laughter.)

        23                  SENATOR BRUNO:    Before most of

        24       you were born.

        25                  And I remember -- and I'm asking



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         1       you to always remember -- when I walked into

         2       this chamber, I can tell you I can't

         3       adequately describe the feeling I had in my

         4       heart, in my gut.  It felt like it was in a

         5       sanctuary.  Hallowed ground.  Something very,

         6       very special.  A cathedral.  I mean, you look

         7       around at this place.  Think about the people

         8       that have walked through here.

         9                  I remember leaving, and that was

        10       over eight years before I went through a

        11       rather difficult primary to get to the Senate.

        12                  And I walked into this chamber

        13       32 years ago and, like many of you, was

        14       pretty, still, awestruck.

        15                  And, you know, all of us here

        16       should just never, ever, ever forget what

        17       takes place here.  What you do in your daily

        18       lives, how you step up, how you are

        19       representative of a constituency, how you are

        20       representative of the people of this state,

        21       how you partner with the other house, how you

        22       partner with the Executive.

        23                  There is no work like this work.

        24       None.  It is challenging, it is difficult, it

        25       is troublesome.  You have best friends,



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         1       members, who give you a hard time.

         2                  (Laughter.)

         3                  SENATOR BRUNO:    And you end up

         4       having to lay a bill aside.  But you still

         5       love them.

         6                  (Laughter.)

         7                  SENATOR BRUNO:    And that's the

         8       love-hate part of what goes on here on a daily

         9       basis.  Love-hate.  Love-hate.

        10                  But just recognize honestly that

        11       this is our lives, and you are doing so many

        12       good things.

        13                  And I just am here tonight saying

        14       thank you.  I have been blessed, honest and

        15       truly, beyond my wildest dreams as I grew up.

        16       And just being elected to the Senate was a

        17       dream come true.  Being elected Majority

        18       Leader was more than a dream.  I can't even

        19       describe.

        20                  And I thank my colleagues for that

        21       privilege of being of service.  I thank all of

        22       you.  Because without everybody here, you

        23       don't have a Senate.  And we need a Minority,

        24       we need a Majority, we need the debate.  And I

        25       just say thank you.



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         1                  And I want to thank the people who

         2       support us.  Many of them are in this room.

         3       Now, if I start mentioning names -- and I can

         4       remember when I thought, you know, with some

         5       previous officeholders, when I had done such

         6       outstanding things and they start rattling off

         7       names, and I'm standing there -- never

         8       mentioned my name.  I thought it's unfair,

         9       it's not right.  I did more than they did.

        10                  (Laughter.)

        11                  SENATOR BRUNO:    And it's true.

        12       So I'm not going to mention any names.

        13                  (Laughter.)

        14                  SENATOR BRUNO:    But I have to

        15       mention Amy Leitch, my executive assistant.

        16                  (Applause.)

        17                  SENATOR BRUNO:    And Amy is the

        18       best.

        19                  (Applause.)

        20                  SENATOR BRUNO:    And Amy Smith.

        21       Amy Smith.

        22                  (Applause.)

        23                  SENATOR BRUNO:    Amy is probably

        24       not here, she's working.  Is she?

        25                  Well, why aren't you working?



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         1                  (Laughter.)

         2                  SENATOR BRUNO:    Frank Mahar, who

         3       has been my shadow.  People can't thank

         4       Frank --

         5                  (Applause.)

         6                  SENATOR BRUNO:    Steve Boggess,

         7       who started out with me some, I don't know,

         8       32, 34 years ago, really.

         9                  And all of the senior staff.  You

        10       know who you are.  And all of the people who

        11       just make this place work.  You made me work.

        12       You -- honestly, you make me look so good.

        13                  And I've had calls from the people

        14       that I didn't know knew I existed, honestly,

        15       today and yesterday, and just saying things

        16       that really are troublesome in that they make

        17       me pretty emotional.

        18                  And I'm trying, you know, but I

        19       want to just say to them, those that are

        20       behind us all, that, you know, they go through

        21       the nights.  They have been going through

        22       nights to close us out here.  Never hear

        23       anything from them.  They just do it.  Why?

        24       Because they're committed.  And they know that

        25       what they're doing is of service to the people



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         1       out there.

         2                  I see Jimmy Tedisco, the leader

         3       over in the Assembly, who has been a colleague

         4       and a friend for an awful lot of years.

         5                  Malcolm Smith, who is a very

         6       special person and a special leader.

         7                  Dean Skelos, who has been on this

         8       floor doing all the kinds of things that he

         9       does so well, and assisted by all the leaders

        10       here and there.

        11                  If you think about saying goodbye,

        12       think about your career, think about what you

        13       would say.  And remember that every day that

        14       you are in public service.  Because it's hard

        15       for me to believe that 32 years have gone by.

        16                  And my family -- I think my son Ken

        17       was here earlier -- and my family, they have

        18       stood up, like your families do.  They're

        19       without you now.  And they stand there with

        20       you when they prefer to be doing other things.

        21       And we thank the good Lord for them.

        22                  And thank the good Lord for the

        23       system that allows the transition from

        24       January 9th and what happened in this state

        25       that nobody, on January 9th, could ever have



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         1       foreseen or imagined.  And a transition that

         2       took place, Governor Paterson stepped up,

         3       everybody closed ranks around him -- Speaker

         4       Silver, colleagues here, in the Assembly --

         5       and made things happen here for the people of

         6       this state.  That's what public service is all

         7       about.

         8                  And the Governor was here earlier

         9       and said some very, very nice things.

        10                  And I can tell you this, that we go

        11       out and we're going to campaign.  And, you

        12       know, everybody does the best that they can

        13       do.  But just remember always that we're

        14       colleagues and that we're here to govern.  And

        15       you have to go out and do what we have to do

        16       between now and November.

        17                  And I'm going to take it a day at a

        18       time in my life, because I have learned that

        19       you only live a day at a time.

        20                  And we're going to recess here, and

        21       we're going to go in and have a conference --

        22       and I'm going to ask you to just, if you will,

        23       stay with us -- and come in and offer up a

        24       resolution.

        25                  We all do our thing, we all have to



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         1       do what we feel we should be doing.  But you

         2       go forward, you know, from here, and do what

         3       you do so well.

         4                  (Extended standing ovation.)

         5                  SENATOR BRUNO:    Thank you.  I am

         6       the proudest person in this whole state just

         7       for having you as colleagues and friends.

         8       Thank you.

         9                  And, Mr. President, can I ask that

        10       we recess while the Majority conferences, and

        11       I believe the Minority will conference.  And I

        12       don't expect that we will be more than 10 or

        13       15 minutes.

        14                  ACTING PRESIDENT MAZIARZ:    There

        15       will be a Majority conference in Room 332, and

        16       a Minority Conference by Senator Dilan in the

        17       Minority Conference Room, Room 315.

        18                  The Senate stands at ease.

        19                  (Whereupon, the Senate stood at

        20       ease at 7:53 p.m.)

        21                  (Whereupon, the Senate reconvened

        22       at 8:30 p.m.)

        23                  (Standing ovation as Senator Bruno

        24       enters.)

        25                  SENATOR BRUNO:    Thank you.  Thank



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         1       you.

         2                  ACTING PRESIDENT MAZIARZ:    The

         3       Senate will come to order.

         4                  Senator Bruno.

         5                  SENATOR BRUNO:    Mr. President, I

         6       am proud to hand up a resolution, ask that the

         7       title be read, and move for its immediate

         8       adoption.

         9                  ACTING PRESIDENT MAZIARZ:    The

        10       Secretary will read.

        11                  THE SECRETARY:    By Senator Bruno,

        12       Senate Resolution Number 6834, providing for

        13       the election of Dean G. Skelos as Temporary

        14       President of the Senate for the remainder of

        15       2008.

        16                  ACTING PRESIDENT MAZIARZ:

        17       Senator Klein.

        18                  SENATOR KLEIN:    Thank you,

        19       Mr. President.

        20                  It is my distinct honor to nominate

        21       someone who has the leadership skills, the

        22       intelligence, and the ability to espouse the

        23       hopes and aspirations for one New York, the

        24       election of Malcolm Anthony Smith as president

        25       of the Senate for the remainder of 2008.



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         1                  ACTING PRESIDENT MAZIARZ:    The

         2       Secretary will read the resolution.

         3                  THE SECRETARY:    By Senator Klein,

         4       Senate Resolution Number 6838, providing for

         5       the election of Malcolm A. Smith as Temporary

         6       President of the Senate for the remainder of

         7       2008.

         8                  ACTING PRESIDENT MAZIARZ:

         9       Senator Klein.

        10                  SENATOR KLEIN:    Thank you,

        11       Mr. President.

        12                  It's truly an honor to nominate my

        13       friend, my leader, Malcolm Smith.

        14                  When you ask the question what is

        15       leadership, I think leadership is many things.

        16       But I think certainly what Malcolm does each

        17       and every day is gets the most out of people.

        18       He understands his members.  He understands

        19       how to push us, understands us, understands

        20       how we can really achieve greatness.  And

        21       that's why I'm not only proud to call him my

        22       friend but also our leader.

        23                  He's also someone who's not afraid

        24       to take on a fight.  When we went ahead and

        25       took on the subprime lending industry this



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         1       year, it was Malcolm who really pushed us

         2       forward.  It was Malcolm who really put

         3       together a plan for upstate development and

         4       jobs.  It was Malcolm who's been talking about

         5       doing something about property tax relief all

         6       over our state.

         7                  He's someone who really understands

         8       what it means to govern one New York.  And

         9       that's why I'm so proud to call him -- maybe

        10       not today, but in the future my Majority

        11       Leader -- but for today, our Democratic

        12       leader.

        13                  Malcolm Smith, everyone.

        14                  ACTING PRESIDENT MAZIARZ:    Thank

        15       you, Senator Klein.

        16                  On the substitute resolution, 6838,

        17       offered by Senator Klein, all those in favor

        18       signify by saying aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT MAZIARZ:

        21       Opposed, nay.

        22                  (Response of "Nay.")

        23                  ACTING PRESIDENT MAZIARZ:    The

        24       nays have it.  The resolution is defeated.

        25                  (Laughter.)



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         1                  SENATOR BRUNO:    Mr. President.

         2                  ACTING PRESIDENT MAZIARZ:

         3       Senator Bruno.

         4                  SENATOR BRUNO:    On the resolution

         5       before the house.

         6                  ACTING PRESIDENT MAZIARZ:

         7       Senator Bruno, on Resolution 6834.

         8                  SENATOR BRUNO:    I was very, very

         9       happy to hear Senator Klein.  And I am very

        10       happy to participate in keeping a nice guy --

        11       and, you're right, a good leader -- as the

        12       Minority leader in the Senate.

        13                  (Laughter.)

        14                  SENATOR BRUNO:    Now and forever.

        15                  (Laughter.)

        16                  SENATOR BRUNO:    And,

        17       Mr. President, on Senator Skelos.

        18                  He truly is no stranger in this

        19       chamber.  He has been here more hours than

        20       many of us put together.  And his qualities

        21       speak for themselves.

        22                  Dean has been running the floor, he

        23       has been assisting me in every way to make

        24       this the greatest deliberative body in the

        25       United States.



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         1                  I am not going to enumerate,

         2       because we have time constraints, all of the

         3       good deeds, the good works, the legislation

         4       that he sponsored, was responsible for

         5       carrying.  And some really tough issues,

         6       difficult issues.

         7                  So he has the experience, he has

         8       the background, he has been here, he's

         9       diligent.  He has a wife, Gail, that is a

        10       partner and supportive; a son, Adam, who is

        11       here proudly, looking proud and sharp.  And

        12       looks senatorial to me.

        13                  (Laughter.)

        14                  SENATOR BRUNO:    We are in

        15       difficult times, and we need the experienced

        16       leadership here in this house to move forward,

        17       to partner with this good Governor, partner

        18       with the Speaker.  And that is Senator Skelos.

        19                  So I am proud to, on this

        20       resolution, raise my voice in support of the

        21       next Majority Leader of the New York State

        22       Senate, and Temporary President of the Senate,

        23       my friend, my colleague -- and by the way,

        24       when I ran 14 years ago, the first vote that I

        25       had, Senator Skelos.  And why did he do it?



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         1       It was, he thought, in the best interests of

         2       this Senate, both sides of the aisle.

         3                  So he knows what to do and how to

         4       do it.  I'm proud to recommend to this great

         5       body Senator Skelos.

         6                  Thank you, Mr. President.

         7                  ACTING PRESIDENT MAZIARZ:    Thank

         8       you, Senator Bruno.

         9                  Senator Libous.

        10                  SENATOR LIBOUS:    Thank you,

        11       Mr. President.

        12                  I join Senator Bruno in seconding

        13       the nomination of Senator Skelos.

        14                  I can remember 20 years ago, when I

        15       was running for the Senate the first time, I

        16       got a phone call from Senator Skelos.  And he

        17       said:  "I chair the Aging Committee, and I'd

        18       like to come out and help you in your

        19       campaign," because I had a very tough

        20       campaign.

        21                  So he came out to Broome County --

        22       actually, he came out to Chenango County.  I

        23       took him up some back roads, and he

        24       wondered -- he saw the cows; he wondered where

        25       the people were.



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         1                  (Laughter.)

         2                  SENATOR LIBOUS:    And Senator

         3       Skelos and I went into a number of senior

         4       citizen centers, and he helped me as we talked

         5       about issues for the aging.  And he told

         6       everybody there that if they elected me to the

         7       Senate that I would be helpful and do the

         8       right thing for the elderly.

         9                  I know that he's done that for many

        10       people here, because Senator Skelos has, as

        11       Senator Bruno said, been very, very committed

        12       to the Majority.  He cares about it.  He's

        13       worked very hard.

        14                  And as I said to him earlier

        15       tonight, because I know he has the passion and

        16       the commitment to be a great leader, I said

        17       that I know that he, in my eyes and in my

        18       heart, has earned this awesome responsibility.

        19                  I second this nomination.

        20                  ACTING PRESIDENT MAZIARZ:    Thank

        21       you, Senator Libous.

        22                  (Applause.)

        23                  ACTING PRESIDENT MAZIARZ:    The

        24       question is on Resolution 6834, electing

        25       Dean Skelos as the Temporary President of the



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         1       New York State Senate for the year 2008.  All

         2       those in favor signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT MAZIARZ:

         5       Opposed, nay.

         6                  (Response of "Nay.")

         7                  ACTING PRESIDENT MAZIARZ:    The

         8       ayes have it.  The resolution is adopted.

         9                  And the chair states for the record

        10       that Senator Dean Skelos has been elected

        11       Temporary President of the Senate for the

        12       remainder of 2008.

        13                  (Extended standing ovation.)

        14                  ACTING PRESIDENT MAZIARZ:    We

        15       will now have the administration of the oath

        16       of office of Majority Leader, Temporary

        17       President of the Senate Senator Skelos, by

        18       Senator Bruno.

        19                  SENATOR BRUNO:    Please raise your

        20       hand and repeat after me:

        21                  I, Dean Skelos --

        22                  SENATOR SKELOS:    I, Dean

        23       Skelos --

        24                  SENATOR BRUNO:    -- do solemnly

        25       swear --



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         1                  SENATOR SKELOS:    -- do solemnly

         2       swear --

         3                  SENATOR BRUNO:    -- that I will

         4       support the Constitution of the United

         5       States --

         6                  SENATOR SKELOS:    -- that I will

         7       support the Constitution of the United

         8       States --

         9                  SENATOR BRUNO:    -- and the

        10       Constitution of the State of New York --

        11                  SENATOR SKELOS:    -- and the

        12       Constitution of the State of New York --

        13                  SENATOR BRUNO:    -- and that I

        14       will faithfully discharge the duties of the

        15       office --

        16                  SENATOR SKELOS:    -- and that I

        17       will faithfully discharge the duties of the

        18       office --

        19                  SENATOR BRUNO:    -- of the

        20       Temporary President of the Senate --

        21                  SENATOR SKELOS:    -- of the

        22       Temporary President of the Senate --

        23                  SENATOR BRUNO:    -- according to

        24       the best of my abilities --

        25                  SENATOR SKELOS:    -- according to



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         1       the best of my abilities --

         2                  SENATOR BRUNO:    -- so help me

         3       God.

         4                  SENATOR SKELOS:    -- so help me

         5       God.

         6                  SENATOR BRUNO:    Congratulations.

         7                  (Standing ovation.)

         8                  ACTING PRESIDENT MAZIARZ:

         9       Senator Skelos.

        10                  SENATOR SKELOS:    Mr. President,

        11       as my first responsibility of being the

        12       Majority Leader, I would like to ask Senator

        13       Bruno to preside.  And if you would give him

        14       that honor at this time.

        15                  SENATOR BRUNO:    Thank you.  Wow.

        16       Thank you.

        17                  (Standing ovation.)

        18                  ACTING PRESIDENT BRUNO:    Thank

        19       you very much.

        20                  The Senate will come to order.

        21                  (Laughter.)

        22                  ACTING PRESIDENT BRUNO:    Senator

        23       Skelos.

        24                  SENATOR SKELOS:    Thank you,

        25       Senator Bruno.



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         1                  I know you would ask me to, when I

         2       would sit here and be ready to make certain

         3       statements, to keep it short.

         4                  (Laughter.)

         5                  SENATOR SKELOS:    And I certainly

         6       will.

         7                  But I'm just so happy this evening.

         8       And I'm really going to speak from the heart

         9       to everybody here.  My wife, Gail; my son,

        10       Adam.  My sister-in-law Carla and my nephew

        11       Carly.  All the people that have worked with

        12       me for so many years.  My Republican

        13       colleagues, my Democrat colleagues.

        14                  This is a very special evening for

        15       me.  And I remember when I was first sworn in,

        16       Adam was a little kid, and I was holding him

        17       up there.  And I was speaking a little too

        18       long, and he kept putting his hand over my

        19       mouth.

        20                  (Laughter.)

        21                  SENATOR SKELOS:    And my mom was

        22       there, holding the Bible.

        23                  And she gave me the love of

        24       politics.  Five kids; my birth mother died

        25       when I was three.  She brought me up as her



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         1       child, which I was.  And she gave me the --

         2       and my father, the work ethic.  My

         3       grandparents, my father.  Growing up, five of

         4       us worked three jobs at a time to provide for

         5       the family.

         6                  My grandparents came from Greece to

         7       this country, worked hard, struggled and

         8       provided for the family.  And I know, Joe,

         9       you've had that similar history and story, as

        10       so many of us in this room have.

        11                  I want to thank, first, my good

        12       friend Joe Bruno.  This is a very bittersweet

        13       evening for me.

        14                  And in fact, Joe, when I heard all

        15       the applause when the Governor was speaking

        16       about you, I was worried you were going to

        17       change your mind.

        18                  (Laughter.)

        19                  SENATOR SKELOS:    And you know

        20       what, Joe?  If you did, I'd be the first one

        21       to move to reconsider the vote by which that

        22       resolution passed.

        23                  (Applause.)

        24                  SENATOR SKELOS:    I can say

        25       without doubt that Joe has been the best



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         1       leader -- and I heard Dale say that before --

         2       that we've ever had in this chamber.  His

         3       strength became the strength of this Majority

         4       and really the strength of this chamber.

         5                  He recognized the wonderful

         6       diversity of New York State, the diversity of

         7       our membership, and how each region of the

         8       state has its own needs and opportunities.

         9                  Moving forward, this Majority and

        10       indeed the entire Senate will continue to

        11       build upon Joe's vision and legacy.  At this

        12       time it's important to take stock, stock of

        13       the many accomplishments that we've had.  In

        14       these difficult economic times, we made record

        15       investments in our schools, we protected our

        16       hospitals and nursing homes, and we delivered

        17       large property tax rebate checks for our

        18       seniors.

        19                  But more has to be done.  We are

        20       suffering from a property tax crisis in this

        21       state.  And despite the investments we've made

        22       in our school district and the assistance

        23       we've provided to local governments, property

        24       taxes have stretched household budgets beyond

        25       their ability to pay.



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         1                  In too many upstate communities the

         2       lack of good-paying jobs has torn families

         3       apart as their children seek prosperity in

         4       other parts of the country.  And in this time

         5       of soaring energy prices, the rising cost of

         6       living has threatened our quality of life.

         7                  As a collective body -- and I say

         8       that as a collective body -- this Senate will

         9       address the needs for property tax relief and

        10       the other prevailing challenges of our time.

        11                  In order to face that challenge, we

        12       must be bold, we must think outside the box,

        13       and we must do what's necessary to protect our

        14       constituents from those rising property taxes.

        15                  We're going to make New York State

        16       more competitive and help our businesses,

        17       large and small, to thrive.  We will build

        18       upon each region's inherent advantages to

        19       expand our economic base and create quality

        20       jobs that enable people to support their

        21       families.  And we're going to do this

        22       together.

        23                  I want to thank Governor Paterson

        24       for the class and the dignity he showed today

        25       by coming into this chamber and wishing our



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         1       leader the best and showing him the due

         2       respect that he earned over 32 years of public

         3       service in this state.

         4                  And I want to say to the Governor,

         5       our Majority will work with him in a

         6       cooperative way, and with the Speaker, and

         7       with the support of all my good friends on the

         8       other side of the aisle, to make sure that we

         9       do what's right for the people of this great

        10       state.

        11                  Together we can make a meaningful

        12       difference in people's lives.  And I think we

        13       have to remember that's why we're elected:

        14       We're elected to serve the people.

        15                  You know, I look forward to being

        16       your leader for years to come.

        17                  And, Joe, so often when we're at

        18       various events together or just with members

        19       of the Majority, or if you're walking by and

        20       somebody says hello or somebody hands you a

        21       bottle of water, no matter who -- Ray, in the

        22       lounge -- the one thing you always say is

        23       "thank you."  No matter who it is, no matter

        24       what the opportunity, you always say "thank

        25       you."



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         1                  And at times we'll be at different

         2       events, and our colleagues will take side bets

         3       on how many times you're going to say "thank

         4       you."

         5                  (Laughter.)

         6                  SENATOR SKELOS:    So I think the

         7       best thing I can do at this time is just say,

         8       Joe Bruno, thank you.

         9                  (Extended standing ovation.)

        10                  ACTING PRESIDENT BRUNO:    Thank

        11       you.

        12                  And, Senator Skelos, are you

        13       handing up some orders of business?

        14                  (Laughter.)

        15                  SENATOR SKELOS:    You know what, I

        16       hope you always direct me this way.

        17                  And it is my pleasure, Tommy

        18       Libous, to hand up the following Majority

        19       leadership changes and ask that they be filed

        20       in the Journal.

        21                  ACTING PRESIDENT BRUNO:    The

        22       changes will be made according to the leader's

        23       wishes.

        24                  And, Tommy, you will file them

        25       accordingly.  Thank you, very, very much.



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         1                  (Laughter.)

         2                  ACTING PRESIDENT BRUNO:    And

         3       thank you.

         4                  John, that's two thank yous.

         5                  SENATOR SKELOS:    Mr. President.

         6                  ACTING PRESIDENT BRUNO:    Senator

         7       Skelos.

         8                  SENATOR SKELOS:    And I know how

         9       often you like to say this:  There being no

        10       further business, I move we adjourn to the

        11       call of the Majority Leader, intervening days

        12       being legislative days.

        13                  ACTING PRESIDENT BRUNO:    And on

        14       that motion, may I wish you and the new leader

        15       health and prosperity.  And, truly, God bless

        16       each and every one of you.

        17                  I am honored to move this Senate to

        18       adjournment.

        19                  (Standing ovation.)

        20                  (Whereupon, at 8:52 p.m., the

        21       Senate adjourned.)

        22

        23

        24

        25



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