June 18, 2008

Top of Form 1

Date: 06/18/2008 Session: Regular

3891 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 18, 2008 11 11:12 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR THOMAS P. MORAHAN, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 3892 1 P R O C E E D I N G S 2 ACTING PRESIDENT MORAHAN: The 3 Senate will come to order. 4 I ask everyone to rise and repeat 5 with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 (Pause.) 9 ACTING PRESIDENT MORAHAN: If 10 you'll bear with me, we're waiting for our 11 padre for the day. He's coming in by burro. 12 (Pause.) 13 ACTING PRESIDENT MORAHAN: Let's 14 just hope it's a blessed day, folks, okay? 15 In the absence of clergy, will you 16 please bow your heads for a moment of silence. 17 (Whereupon, the assemblage 18 respected a moment of silence.) 19 ACTING PRESIDENT MORAHAN: 20 Reading of the Journal. 21 THE SECRETARY: In Senate, 22 Tuesday, June 17, the Senate met pursuant to 23 adjournment. The Journal of Monday, June 16, 24 was read and approved. On motion, Senate 25 adjourned.

Candyco Transcription Service, Inc. (518) 371-8910 3893 1 ACTING PRESIDENT MORAHAN: 2 Without objection, the Journal stands approved 3 as read. 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 The Secretary will read. 9 THE SECRETARY: Senator 10 DeFrancisco, from the Committee on Judiciary, 11 reports the following nominations. 12 As a judge of the Court of Claims, 13 Honorable Donald F. Cerio, of Canastota. 14 ACTING PRESIDENT MORAHAN: 15 Senator DeFrancisco. 16 SENATOR DeFRANCISCO: Thank you, 17 Mr. President. 18 I rise and am very pleased to offer 19 to the full Senate the nominations of six 20 eminently qualified individuals. Five of them 21 have been serving in their positions or on the 22 bench and are reappointments to the Court of 23 Claims, and one is a new appointment who is 24 eminently qualified for that position. 25 We thoroughly reviewed the Candyco Transcription Service, Inc. (518) 371-8910 3894 1 backgrounds and the records of each of these

2 individuals. And we had a full meeting of the 3 Judiciary Committee this morning, and each of 4 the individuals much were found to be 5 well-qualified, and each was unanimously voted 6 to bring them before the full Senate this 7 morning. 8 And as a result, I would seek that 9 each of these nominations be moved. 10 Since I was going to recognize 11 Senator Valesky, but I don't see him here, the 12 first nominee is Donald F. Cerio. And I would 13 move his nomination for judge of the Court of 14 Claims. 15 ACTING PRESIDENT MORAHAN: The 16 question is on the nomination of Donald F. 17 Cerio as judge of the Court of Claims. All in 18 favor signify by saying yes. 19 (Response of "Aye.") 20 ACTING PRESIDENT MORAHAN: I said 21 yes. 22 (Response of "Yes.") 23 ACTING PRESIDENT MORAHAN: That's 24 better. I just wanted to make sure everybody 25 was awake. Candyco Transcription Service, Inc. (518) 371-8910 3895 1 (Laughter.) 2 ACTING PRESIDENT MORAHAN: All 3 opposed say nay. 4 (No response.)

5 ACTING PRESIDENT MORAHAN: The 6 confirmation of Donald F. Cerio as judge of 7 the Court of Claims is hereby confirmed. 8 Congratulations, Judge. 9 (Applause.) 10 ACTING PRESIDENT MORAHAN: The 11 Secretary will read. 12 THE SECRETARY: As a judge of the 13 Court of Claims, Honorable Frank A. Gulotta, 14 of Woodbury. 15 ACTING PRESIDENT MORAHAN: 16 Senator DeFrancisco. 17 SENATOR DeFRANCISCO: Mr. 18 President, I'd request that you'd recognize 19 Senator Marcellino to move the nomination. 20 ACTING PRESIDENT MORAHAN: 21 Senator Marcellino. 22 SENATOR MARCELLINO: Thank you, 23 Mr. President. 24 I rise with pleasure to nominate a 25 longstanding friend and a fine jurist, Frank Candyco Transcription Service, Inc. (518) 371-8910 3896 1 Gulotta, to succeed himself and stay on the 2 court, because I believe he's done a fantastic 3 job. 4 Over his years as a member of the 5 Court of Claims, he has served in many 6 capacities in several different areas. He has 7 done a fantastic job. I have never heard, in

8 all the years that I've known Frank and his 9 time of being a practicing attorney -- active 10 with the Bar Association, active in his 11 community in many ways -- I've never heard a 12 single individual say anything negative about 13 him. 14 Whole communities, maybe, but never 15 a single individual. 16 (Laughter.) 17 SENATOR MARCELLINO: Got to wake 18 this crowd up. This is a slow crowd here 19 today. 20 (Laughter.) 21 SENATOR MARCELLINO: Frank, it's 22 a pleasure to put your name back in 23 nomination. 24 You come from a family whose 25 background and history and service to Long Candyco Transcription Service, Inc. (518) 371-8910 3897 1 Island, Nassau County, and New York State is 2 well-known. Your father broke the barrier for 3 Italian-Americans to be elected to government 4 offices, the first one on Long Island, 5 probably the first one in the state at the 6 time. A fine man. Your brother is well-known 7 to everybody on the island. 8 And I appreciate your service, we 9 all appreciate your service on the court. We 10 look forward to your service to continue for

11 many years to come. 12 Congratulations, Frank, and to your 13 whole family. 14 ACTING PRESIDENT MORAHAN: 15 Senator Fuschillo. 16 SENATOR FUSCHILLO: I yield to 17 Senator Skelos. 18 SENATOR SKELOS: I would yield to 19 Senator Fuschillo if he wishes to go first. 20 Go ahead. 21 SENATOR FUSCHILLO: I thank my 22 senior colleague for the yield. Thank you, 23 Senator Skelos. 24 I too want to rise and second the 25 nomination and just echo the sentiments of Candyco Transcription Service, Inc. (518) 371-8910 3898 1 Senator Marcellino on Judge Gulotta. I agree 2 with you, Senator Marcellino, there is not a 3 person out there that will have anything 4 negative to say about this individual, both as 5 a jurist and his character. 6 He comes from a family that has 7 dedicated their life to public service. And I 8 see your brother sitting behind you beaming. 9 That today is just another earmark in a long 10 history of dedicated service to our state, our 11 county, and our community from the Gulotta 12 family. 13 Judge, you have done an outstanding

14 job on the bench, and I know you'll carry that 15 temperament and the qualities that you have 16 demonstrated to this court. So I'm proud to 17 rise to second your nomination, and I wish you 18 the best of luck. 19 ACTING PRESIDENT MORAHAN: Thank 20 you, Senator Fuschillo. 21 Senator Skelos. 22 SENATOR SKELOS: Thank you, 23 Mr. President. 24 I too join my colleagues Senator 25 Marcellino and Senator Fuschillo in Candyco Transcription Service, Inc. (518) 371-8910 3899 1 congratulating you, Judge Gulotta, on your 2 confirmation. 3 The Gulotta family has really -4 and I welcome you too, Tom, our former county 5 executive -- really stood as a model of public 6 service within the Nassau community, starting 7 with Frank Gulotta, your dad, the DA, a member 8 of the Appellate Division, and really set a 9 tone for many young people such as myself when 10 I was starting in politics and government. 11 Judge Gulotta, you have been an 12 outstanding jurist. And I don't want to take 13 away from your day, but I think it's also 14 important that I speak a little bit about your 15 dad, who so many of us have a tremendous 16 amount of respect for. He is an individual

17 who, as a young person, if he walked by, we 18 were awed by. 19 And he would always take the time, 20 as I know you do and your brother Tom does, to 21 sit and talk with an individual who was 22 aspiring to run for office or perhaps was new 23 as an elected official. 24 So you've continued that tradition. 25 I know how proud your mom and dad are of you. Candyco Transcription Service, Inc. (518) 371-8910 3900 1 And I'm just very happy to join and ask all my 2 colleagues to support your nomination today. 3 Congratulations. 4 ACTING PRESIDENT MORAHAN: Thank 5 you, Senator Skelos. 6 Senator Hannon. 7 SENATOR HANNON: Thank you, 8 Mr. President. I just wanted to join with 9 Senator Skelos and my other colleagues in 10 congratulating Judge Gulotta. 11 You've done an outstanding job, and 12 I'm delighted to support your service again. 13 Thank you. 14 ACTING PRESIDENT MORAHAN: 15 Senator Craig Johnson. 16 SENATOR CRAIG JOHNSON: Thank 17 you, Mr. President. I'll make it bipartisan 18 congratulations for Judge Gulotta. 19 I welcome his brother, former

20 County Executive Tom Gulotta here today. I 21 had the pleasure of working with him in Nassau 22 County. 23 For Judge Gulotta, congratulations. 24 My father-in-law serves with you as a jurist 25 in Nassau County. Your reputation is Candyco Transcription Service, Inc. (518) 371-8910 3901 1 outstanding, and we are fortunate to have you 2 reappointed to the Court of Claims. 3 So congratulations and best wishes. 4 Thank you. 5 ACTING PRESIDENT MORAHAN: 6 Senator Valesky. 7 SENATOR VALESKY: Thank you, 8 Mr. President. 9 Judge Gulotta, I also rise to 10 congratulate you on this confirmation. 11 I'm also struck -- I was out of the 12 chamber attending a meeting as the nomination 13 of Judge Cerio came to the floor. Senator 14 Skelos had mentioned something a few moments 15 ago in regard to Judge Gulotta and how proud 16 his mom and dad are of him. And I know that 17 having known Judge Cerio's parents for many, 18 many years, I know firsthand how proud, Judge, 19 they are of you. 20 And it's great to have you and your 21 wife, Renee, here again. We had the 22 opportunity only a month and a half ago or so

23 to confirm you as a judge of the Court of 24 Claims, and we talked at that point in time 25 about your distinguished career as the Candyco Transcription Service, Inc. (518) 371-8910 3902 1 district attorney in Madison County and 2 certainly some of the other things you have 3 been involved. 4 So I appreciate the opportunity to 5 rise today and speak of on your behalf and 6 wish you continued success. 7 Thank you. 8 ACTING PRESIDENT MORAHAN: Thank 9 you, Senator Valesky. 10 And thank you for pointing out that 11 Judge Cerio is accompanied by his wife, Renee, 12 today. 13 The question is on the nomination 14 of Frank A. Gulotta, of Woodbury, as a judge 15 of the Court of Claims. All in favor say aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MORAHAN: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MORAHAN: Judge 21 Gulotta is now officially hereby confirmed. 22 Congratulations, Judge. 23 (Applause.) 24 ACTING PRESIDENT MORAHAN: The 25 Secretary will read.

Candyco Transcription Service, Inc. (518) 371-8910 3903 1 THE SECRETARY: As a judge of the 2 Court of Claims, Honorable Martin Marcus, of 3 Larchmont. 4 ACTING PRESIDENT MORAHAN: 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: I would 7 move the nomination of Martin Marcus to the 8 position of Court of Claims. 9 And Judge Marcus certainly has an 10 impressive record of public service that I 11 just wanted to mention in moving the 12 nomination. 13 For four years he was with the New 14 York County District Attorney's office in the 15 Rackets Bureau. He then went into the New 16 York State Organized Crime Task Force, was a 17 first assistant for nine years, and since 1990 18 has been sitting as a Court of Claims judge, 19 but sitting in Supreme Court doing all types 20 of matters. 21 What a record of public service and 22 a wonderful nomination by Governor Paterson. 23 And I'd move his nomination. 24 ACTING PRESIDENT MORAHAN: Thank 25 you, Senator DeFrancisco. Candyco Transcription Service, Inc. (518) 371-8910 3904 1 The question is on the nomination

2 of Judge Martin Marcus, of Larchmont, for the 3 Court of Claims. All in favor say aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT MORAHAN: 6 Opposed say nay. 7 (No response.) 8 ACTING PRESIDENT MORAHAN: Martin 9 Marcus is now hereby confirmed as a judge of 10 the Court of Claims. 11 Congratulations, Judge. 12 (Applause.) 13 ACTING PRESIDENT MORAHAN: The 14 Secretary will read. 15 THE SECRETARY: As a judge of the 16 Court of Claims, Honorable Robert A. Neary, of 17 Pound Ridge. 18 ACTING PRESIDENT MORAHAN: 19 Senator DeFrancisco. 20 SENATOR DeFRANCISCO: I'd move 21 the nomination of Robert Neary to the position 22 of Court of Claims and ask that you please 23 recognize Senator Leibell to second the 24 nomination. 25 ACTING PRESIDENT MORAHAN: Candyco Transcription Service, Inc. (518) 371-8910 3905 1 Senator Leibell. 2 SENATOR LEIBELL: Thank you, 3 Mr. President. 4 And I've had the opportunity before

5 to nominate Judge Neary, and it's always been 6 a great and distinct pleasure for me. On a 7 personal level, we go back a great, great many 8 years, back when we were both young assistant 9 DAs in Westchester County, just starting out. 10 Bob Neary has had a tremendous 11 career, tried many, many felonies for the 12 Westchester DA's office, got a great many 13 convictions, was a great investigative 14 prosecutor. And I might add he was someone 15 who was a mentor for many young assistant DAs 16 as well as for young lawyers generally. 17 So for me it is a great honor to 18 rise here today on this occasion to 19 congratulate a great judge and a dear friend 20 and to move this nomination. 21 Thank you, Mr. President. 22 ACTING PRESIDENT MORAHAN: Thank 23 you, Senator Leibell. 24 Senator Stachowski. 25 SENATOR STACHOWSKI: I just too Candyco Transcription Service, Inc. (518) 371-8910 3906 1 would like to join Senator Leibell in 2 congratulating the Governor on this 3 appointment of Robert Neary to the Court of 4 Claims. 5 As I've told you before, I've known 6 Robert Neary since college. He was captain of 7 the football team when I was a sophomore. He

8 was a great leader then, he's a great leader 9 now. 10 And the most important thing to me 11 is he's a friend, and I'm glad to have the 12 opportunity to stand and second his 13 nomination. 14 ACTING PRESIDENT MORAHAN: Thank 15 you, Senator. 16 The question is on the nomination 17 of Robert A. Neary, of Pound Ridge, as judge 18 of the Court of Claims. All in favor say aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT MORAHAN: 21 Opposed say nay. 22 (No response.) 23 ACTING PRESIDENT MORAHAN: Robert 24 A. Neary is now hereby confirmed as judge of 25 the Court of Claims. Candyco Transcription Service, Inc. (518) 371-8910 3907 1 Congratulations, Judge. 2 (Applause.) 3 ACTING PRESIDENT MORAHAN: The 4 Secretary will read. 5 THE SECRETARY: As a judge of the 6 Court of Claims, Honorable Charles J. Tejada, 7 of Brooklyn. 8 ACTING PRESIDENT MORAHAN: 9 Senator DeFrancisco. 10 SENATOR DeFRANCISCO: I'd move

11 the nomination of Charles J. Tejada, of 12 Brooklyn, to the position of the Court of 13 Claims. 14 Also an incredibly impressive 15 record of public service, from the early days 16 when he was a Legal Aid attorney in a Harlem 17 neighborhood office for three years, became 18 regional director of the United States 19 Department of Education Office for Civil 20 Rights, judge of the Civil Court of New York 21 for three years, Family Court judge for four 22 years, and then Court of Claims since 1990. 23 His whole life has been public service. 24 And again, a wonderful nomination 25 by Governor Paterson, and I proudly move that Candyco Transcription Service, Inc. (518) 371-8910 3908 1 nomination today. 2 ACTING PRESIDENT MORAHAN: Thank 3 you, Senator. 4 The question is on the nomination 5 of Judge Charles J. Tejada as judge of the 6 Court of Claims. All in favor say aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT MORAHAN: 9 Opposed say nay. 10 (No response.) 11 ACTING PRESIDENT MORAHAN: 12 Charles J. Tejada is hereby confirmed as judge 13 of the Court of Claims.

14 Congratulations, Judge. 15 (Applause.) 16 ACTING PRESIDENT MORAHAN: The 17 judge is also accompanied by his wife, 18 Jeannette. 19 The Secretary will read. 20 THE SECRETARY: As a judge of the 21 Rockland County Surrogate Court, Honorable 22 Thomas E. Walsh, of Haverstraw. 23 ACTING PRESIDENT MORAHAN: 24 Senator DeFrancisco. 25 SENATOR DeFRANCISCO: I'd move Candyco Transcription Service, Inc. (518) 371-8910 3909 1 the nomination of Thomas E. Walsh to the 2 position of judge of the Rockland County 3 Surrogate Court. A new appointment, this is 4 not a reappointment. 5 An excellent appointment by the 6 Governor. Has judicial experience, having 7 been a village justice and also was an 8 assistant county attorney for some period of 9 time, a long record of public service. 10 And I move the nomination of this 11 particular nominee. 12 ACTING PRESIDENT MORAHAN: Thank 13 you, Senator. 14 The question is on the nomination 15 of Thomas E. Walsh, of Haverstraw, as Rockland 16 County Surrogate Court justice. All in favor

17 say aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT MORAHAN: 20 Opposed say nay. 21 (No response.) 22 ACTING PRESIDENT MORAHAN: Thomas 23 E. Walsh, of Haverstraw, is hereby confirmed 24 as Surrogate Judge, County of Rockland. 25 Congratulations, Thomas. Candyco Transcription Service, Inc. (518) 371-8910 3910 1 (Applause.) 2 ACTING PRESIDENT MORAHAN: Judge 3 Walsh -- if I may just add some personal notes 4 about Judge Walsh, who I've known for a long, 5 long time, maybe 30 years. 6 He enjoys a great reputation within 7 the County of Rockland within the legal 8 community, has served in all kinds of 9 positions, comes to this position eminently 10 qualified. Congratulations. 11 He's also accompanied by Stephen 12 Lowe, Rabbi Bennie Breskin, and Rabbi Beck. 13 Welcome, gentlemen. 14 Congratulations, Tom. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 there will be an immediate meeting of the 18 Finance Committee in the Majority Conference 19 Room.

20 ACTING PRESIDENT MORAHAN: There 21 will be an immediate meeting of the Senate 22 Finance Committee in the Majority Conference 23 Room. 24 SENATOR SKELOS: Mr. President, 25 would you please recognize Senator Smith. Candyco Transcription Service, Inc. (518) 371-8910 3911 1 ACTING PRESIDENT MORAHAN: 2 Senator Smith. 3 SENATOR SMITH: Thank you very 4 much. Sorry, colleagues. And thank you very 5 much, Senator Skelos. 6 I did want to come out just for a 7 moment to speak about Tom Walsh. And I know 8 that he might be getting ready to leave the 9 chambers. I see Mr. Bennie up there, who is 10 flagging and directing. 11 But I just wanted to make note of 12 Tom Walsh and congratulate the Governor on a 13 fine selection for someone to serve on the 14 bench in Rockland County Surrogate Court. 15 He has been a tremendous lawyer, 16 for many years served the public very well. 17 His heart in the right place. And not only 18 because of his background in the legal 19 profession, but he also is a gentleman and 20 concerned about the community. He is an 21 excellent and I expect him to be an excellent 22 judge.

23 I know he's accompanied by 24 Mr. Bennie up there, who is everyone's friend, 25 and everybody knows him. Candyco Transcription Service, Inc. (518) 371-8910 3912 1 So I wanted to point out and wanted 2 to be on record as acknowledging a Fordham 3 colleague, by the way, which is most 4 important. He went to Fordham University and 5 I just think deserves some recognition. 6 So with that, I thank you, 7 Mr. President. Thank you for allowing me to 8 speak on this nomination. Senator Skelos, I 9 thank you as well. Thank you. 10 ACTING PRESIDENT MORAHAN: Thank 11 you, Senator Smith. 12 Reports of select committees. 13 Communications and reports from 14 state officials. 15 Motions and resolutions. 16 Senator Little. 17 SENATOR LITTLE: Thank you, 18 Mr. President. 19 On behalf of Senator Leibell, I 20 wish to call up Senate Bill 5603A, recalled 21 from the Assembly, which is now at the desk. 22 ACTING PRESIDENT MORAHAN: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 1599, by Senator Leibell, Senate Print 5603A,

Candyco Transcription Service, Inc. (518) 371-8910 3913 1 an act to amend the Executive Law and the 2 Military Law. 3 SENATOR LITTLE: Mr. President, I 4 now move to reconsider the vote by which this 5 bill was passed. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 55. 10 SENATOR LITTLE: Mr. President, I 11 now offer the following amendments. 12 ACTING PRESIDENT MORAHAN: The 13 amendments are received. 14 SENATOR LITTLE: Thank you. 15 Mr. President, on behalf of Senator 16 Marcellino, on page number 38 I offer the 17 following amendments to Calendar Number 1152, 18 Senate Print Number 4364, and ask that said 19 bill retain its place on the Third Reading 20 Calendar. 21 ACTING PRESIDENT MORAHAN: The 22 amendments are received, and the bill will 23 retain its place on the Third Reading 24 Calendar. 25 SENATOR LITTLE: Thank you, Candyco Transcription Service, Inc. (518) 371-8910 3914 1 Mr. President.

2 On behalf of Senator Bonacic, 3 please place a sponsor's star on Calendar 4 Numbers 1828 and 1906. 5 ACTING PRESIDENT MORAHAN: So 6 ordered. 7 SENATOR LITTLE: Thank you. 8 On behalf of Senator Nozzolio, I 9 move to recommit Senate Print Number 4064, 10 Calendar Number 724 on the order of third 11 reading, to the Committee on Consumer 12 Protection, with instructions to said 13 committee to strike out the enacting clause. 14 ACTING PRESIDENT MORAHAN: So 15 ordered. 16 SENATOR LITTLE: Thank you, 17 Mr. President. 18 ACTING PRESIDENT MORAHAN: Thank 19 you, Senator. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, I 22 believe there are substitutions at the desk, 23 if we could make them at this time. 24 ACTING PRESIDENT MORAHAN: The 25 Secretary will read. Candyco Transcription Service, Inc. (518) 371-8910 3915 1 THE SECRETARY: On page 28, 2 Senator Maltese moves to discharge, from the 3 Committee on Civil Service and Pensions, 4 Assembly Bill Number 10345 and substitute it

5 for the identical Senate Bill Number 7298, 6 Third Reading Calendar 866. 7 On page 35, Senator Larkin moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 9703 and substitute it 10 for the identical Senate Bill Number 905B, 11 Third Reading Calendar 1074. 12 On page 38, Senator Fuschillo moves 13 to discharge, from the Committee on Consumer 14 Protection, Assembly Bill Number 10686 and 15 substitute it for the identical Senate Bill 16 Number 7700, Third Reading Calendar 1146. 17 On page 47, Senator LaValle moves 18 to discharge, from the Committee on Rules, 19 Assembly Bill Number 10082A and substitute it 20 for the identical Senate Bill Number 7018A, 21 Third Reading Calendar 1310. 22 On page 53, Senator Alesi moves to 23 discharge, from the Committee on Insurance, 24 Assembly Bill Number 395A and substitute it 25 for the identical Senate Bill Number 6385A, Candyco Transcription Service, Inc. (518) 371-8910 3916 1 Third Reading Calendar 1468. 2 On page 55, Senator Morahan moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 10934 and substitute it 5 for the identical Senate Bill Number 7537, 6 Third Reading Calendar 1515. 7 On page 55, Senator Morahan moves

8 to discharge, from the Committee on Mental 9 Health and Developmental Disabilities, 10 Assembly Bill Number 10811 and substitute it 11 for the identical Senate Bill Number 8136, 12 Third Reading Calendar 1519. 13 On page 56, Senator Smith moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 564A and substitute it 16 for the identical Senate Bill Number 8407, 17 Third Reading Calendar 1645. 18 On page 57, Senator Golden moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 10324A and substitute it 21 for the identical Senate Bill Number 7295A, 22 Third Reading Calendar 1749. 23 On page 60, Senator Maltese moves 24 to discharge, from the Committee on Rules, 25 Assembly Bill Number 10343C and substitute it Candyco Transcription Service, Inc. (518) 371-8910 3917 1 for the identical Senate Bill Number 1282D, 2 Third Reading Calendar 1913. 3 On page 60, Senator LaValle moves 4 to discharge, from the Committee on Rules, 5 Assembly Bill Number 6164 and substitute it 6 for the identical Senate Bill Number 3410, 7 Third Reading Calendar 1914. 8 On page 60, Senator Little moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8059C and substitute it

11 for the identical Senate Bill Number 5366C, 12 Third Reading Calendar 1917. 13 On page 61, Senator DeFrancisco 14 moves to discharge, from the Committee on 15 Rules, Assembly Bill Number 9862 and 16 substitute it for the identical Senate Bill 17 Number 6915, Third Reading Calendar 1924. 18 On page 61, Senator Golden moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 10508 and substitute it 21 for the identical Senate Bill Number 7332A, 22 Third Reading Calendar 1928. 23 On page 62, Senator Winner moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 10766 and substitute it Candyco Transcription Service, Inc. (518) 371-8910 3918 1 for the identical Senate Bill Number 7645, 2 Third Reading Calendar 1931. 3 And on page 63, Senator Flanagan 4 moves to discharge, from the Committee on 5 Rules, Assembly Bill Number 11095 and 6 substitute it for the identical Senate Bill 7 Number 8350, Third Reading Calendar 1941. 8 ACTING PRESIDENT MORAHAN: 9 Substitutions ordered. 10 Senator Little. 11 SENATOR LITTLE: Can we adopt the 12 Resolution Calendar, please, Mr. President. 13 ACTING PRESIDENT MORAHAN: All in

14 favor of adopting the Resolution Calendar say 15 aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MORAHAN: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MORAHAN: The 21 Resolution Calendar is adopted. 22 Senator Little. 23 SENATOR LITTLE: Thank you, 24 Mr. President. 25 Could we please take up Resolution Candyco Transcription Service, Inc. (518) 371-8910 3919 1 Number 6649, by Senator Bruno, and have the 2 title read. And it is open for sponsorship by 3 all of the members of the Senate. 4 ACTING PRESIDENT MORAHAN: The 5 Secretary will read. 6 THE SECRETARY: By Senators Bruno 7 and Maltese, Legislative Resolution Number 8 6649, commending B. Thomas Golisano upon the 9 occasion of his designation as a 2008 Honoree 10 at the annual Italian-American Legislators 11 Conference. 12 ACTING PRESIDENT MORAHAN: All in 13 favor of the resolution say aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MORAHAN: 16 Opposed, nay.

17 (No response.) 18 ACTING PRESIDENT MORAHAN: The 19 resolution is adopted. 20 Senator Little. 21 SENATOR LITTLE: Thank you, 22 Mr. President. 23 Could we please take up Resolution 24 Number 6650, by Senator Bruno, have the title 25 read, and open up the resolution to all Candyco Transcription Service, Inc. (518) 371-8910 3920 1 members of the Senate. 2 ACTING PRESIDENT MORAHAN: The 3 Secretary will read. 4 THE SECRETARY: By Senators Bruno 5 and Maltese, Legislative Resolution Number 6 6650, commending Peter Cardella upon the 7 occasion of his designation for special 8 recognition as the 2008 Honoree of the 9 Italian-American Legislators Conference. 10 ACTING PRESIDENT MORAHAN: All in 11 favor say aye on the resolution. 12 (Response of "Aye.") 13 ACTING PRESIDENT MORAHAN: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT MORAHAN: The 17 resolution is adopted. 18 And both resolutions just read are 19 open for sponsorship. If you do not want to

20 be on the resolution, please notify the desk. 21 Senator Little. 22 SENATOR LITTLE: Thank you, 23 Mr. President. 24 Could the Senate now stand at ease 25 until the conclusion of the Finance Committee Candyco Transcription Service, Inc. (518) 371-8910 3921 1 meeting. 2 ACTING PRESIDENT MORAHAN: The 3 Senate stands at ease. 4 (Whereupon, the Senate stood at 5 ease at 11:43 a.m.) 6 ACTING PRESIDENT BONACIC: The 7 Senate will come to order. 8 Senator Skelos. 9 SENATOR SKELOS: There will be a 10 Majority conference at 12:20, and the Senate 11 will stand at ease. 12 ACTING PRESIDENT BONACIC: 13 Majority conference at 12:20. 14 The Senate will stand at ease. 15 SENATOR SKELOS: Thank you, 16 Mr. President. 17 ACTING PRESIDENT BONACIC: You're 18 welcome, Senator Skelos. 19 (Whereupon, the Senate reconvened 20 at 2:10 p.m.) 21 ACTING PRESIDENT MAZIARZ: The 22 Senate will come to order.

23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, I 25 believe there's some housekeeping at the desk. Candyco Transcription Service, Inc. (518) 371-8910 3922 1 ACTING PRESIDENT MAZIARZ: 2 Motions and resolutions. 3 Senator Farley. 4 SENATOR FARLEY: Yes. In the 5 line of housekeeping, on behalf of Senator 6 Larkin, Mr. President, I offer the following 7 amendments on page 60, Calendar Number 1912, 8 Senate Print 579, and I ask that that bill 9 retain its place on the Third Reading 10 Calendar. 11 ACTING PRESIDENT MAZIARZ: The 12 amendments are received, and the bill will 13 retain its place on the Third Reading 14 Calendar. 15 SENATOR FARLEY: Mr. President, 16 on behalf of Senator Lanza, on page 26 I offer 17 the following amendments to Calendar Number 18 822, Senate Print 5702, and I ask that that 19 bill retain its place. 20 ACTING PRESIDENT MAZIARZ: The 21 amendments are received, and the bill will 22 retain its place on the Third Reading 23 Calendar. 24 SENATOR FARLEY: Mr. President, 25 on behalf of Senator Leibell, I wish to call

Candyco Transcription Service, Inc. (518) 371-8910 3923 1 up his bill, 3643A, it's recalled from the 2 Assembly, and it's now at the desk. 3 ACTING PRESIDENT MAZIARZ: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 739, by Senator Leibell, Senate Print 3643A, 7 an act to amend the Executive Law. 8 SENATOR FARLEY: Mr. President, I 9 now move to reconsider the vote by which this 10 bill was passed. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 SENATOR FARLEY: Mr. President, I 16 now offer the following amendments. 17 ACTING PRESIDENT MAZIARZ: The 18 amendments are received. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 can we now return to reports of standing 22 committees for the report of the Finance 23 Committee. 24 ACTING PRESIDENT MAZIARZ: 25 Reports of standing committees. Candyco Transcription Service, Inc. (518) 371-8910 3924 1 The Secretary will read.

2 THE SECRETARY: Senator O. 3 Johnson, from the Committee on Finance, 4 reports the following nominations. 5 As commissioner of the Division of 6 Human Rights, Galen D. Kirkland, of New York 7 City. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Johnson. 10 SENATOR OWEN JOHNSON: Move the 11 nomination. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Perkins. 14 SENATOR PERKINS: Thank you, 15 Mr. President. 16 I just want to take a brief moment 17 to first extend my congratulations to my good 18 friend Galen Kirkland on his recent 19 appointment by the Governor. 20 We've known each other for a long 21 time, we've been through a lot of community 22 struggles together; we're from the same 23 neighborhood. As a matter of fact, Galen once 24 tried to have this seat during that period 25 when there was a vigorous primary in the Candyco Transcription Service, Inc. (518) 371-8910 3925 1 neighborhood, and the Governor happened to be 2 the opposition at the time, and who won the 3 seat. 4 But Galen has really been an

5 extraordinary member of the community, grew up 6 in the neighborhood, came back to the 7 neighborhood to work for the neighborhood in 8 the housing movement, and has not only done 9 well in terms of the neighborhood, but even on 10 the broader sense as well, not only in the 11 housing area, education area. 12 Really, we could not have found a 13 better person to head up that agency on behalf 14 of the state and on behalf of the people of 15 our state and of our community. 16 So, Galen, to you and to your 17 family, congratulations. And thank you so 18 much for all that you've done for us over the 19 years. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Stewart-Cousins. 22 SENATOR STEWART-COUSINS: Thank 23 you very much, Mr. President. 24 I just wanted to also add a few 25 words to this nominee. I had the privilege of Candyco Transcription Service, Inc. (518) 371-8910 3926 1 meeting him over the weekend but had not had 2 an opportunity to have the full range of his 3 experience. And he made a presentation today 4 in the Finance Committee that was really 5 exemplary. It told us every moment of his 6 life was committed to what it is that he is 7 undertaking on behalf of the State of

8 New York. 9 And as someone who authored the 10 Westchester County Human Rights Law, because 11 we felt the state could do better, I can't 12 tell you how pleased I am to welcome as the 13 head of this commission this very, very fine 14 man who, again, I'm sure, will bring the state 15 to great heights in its quest for ensuring the 16 human rights of all. 17 So I really congratulate you. 18 Thank you for your service. 19 ACTING PRESIDENT MAZIARZ: 20 Senator Duane. 21 SENATOR DUANE: Thank you, 22 Mr. President. 23 I want to congratulate the Governor 24 and to congratulate this nominee. I have 25 known him for a very long time as an activist Candyco Transcription Service, Inc. (518) 371-8910 3927 1 on many, many fronts. And I think the 2 Governor has made a great appointment. 3 And I'm very much looking forward 4 to working with the new commissioner. And 5 congratulations to you and your family. And 6 there's a great staff there, and I know you're 7 going to provide wonderful leadership. So 8 congratulations. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MAZIARZ:

11 Senator Schneiderman. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Mr. President. 14 It is really an honor to be able to 15 rise here in support of this nominee, a great 16 member of the West Side community, a great 17 progressive Democrat in the George Maziarz 18 tradition, and someone who is really -19 (Laughter.) 20 SENATOR SCHNEIDERMAN: -- you 21 know, is really a great example of the most 22 important thing in social activism, and that 23 is dedication. 24 Because it's easy to work for 25 social justice, to work for social change for Candyco Transcription Service, Inc. (518) 371-8910 3928 1 a short period of time. But to do it year in, 2 year out, through different positions, that 3 takes a lot. 4 And it is a great, great privilege 5 for all of us here to welcome him today. 6 There are challenges ahead. Human rights is 7 never an easy issue. But I know he's up to 8 it. 9 And I think it is remarkable, 10 Senator Perkins reminds me of an election 11 many, many years ago when the candidates were 12 Philip Reed, who went on to be in the City 13 Council, Galen Kirkland, who is with us today,

14 and David Paterson, for the New York State 15 Senate. So in my neighborhood, Mr. President, 16 we have good candidates. 17 Thank you. Congratulations. 18 ACTING PRESIDENT MAZIARZ: In my 19 neighborhood we do too. 20 Anyone else wishing to speak on 21 this nomination? 22 The question is on the nomination 23 of Galen D. Kirkland, of New York City, to 24 serve as the Commissioner of the Division of 25 Human Rights. All in favor signify by saying Candyco Transcription Service, Inc. (518) 371-8910 3929 1 aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT MAZIARZ: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT MAZIARZ: Galen 7 D. Kirkland, you are hereby confirmed as 8 Commissioner of the Division of Human Rights. 9 (Applause.) 10 ACTING PRESIDENT MAZIARZ: 11 Commissioner Kirkland, on behalf of Senator 12 Bruno and the entire New York State Senate, we 13 want to welcome you here, congratulate you on 14 this new chapter. You are here accompanied by 15 your wife, Natalie Chapman. 16 And I heard from both Senator

17 Perkins and Senator Schneiderman that you and 18 Governor Paterson were opponents in an 19 election one time. It's a good thing that we 20 have a forgiving governor in the State of 21 New York at this time. 22 Congratulations to you. Thank you. 23 The Secretary will read. 24 THE SECRETARY: As a member of 25 the Board of Trustees of the City University Candyco Transcription Service, Inc. (518) 371-8910 3930 1 of New York, Peter S. Pantaleo, of New York 2 City. 3 ACTING PRESIDENT MAZIARZ: 4 Senator O. Johnson. 5 SENATOR OWEN JOHNSON: Move the 6 nomination. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Krueger. 9 SENATOR LIZ KRUEGER: Thank you, 10 Mr. President. On the nominee. 11 I too rise to support the 12 nomination of Peter Pantaleo to be a member of 13 the Board of Trustees of the City University 14 of New York. 15 While I've only met Mr. Pantaleo 16 today, I am very proud that he is a 17 constituent in my district, a new constituent. 18 But much more importantly, he has an 19 incredibly impressive resume and history

20 working in law on so many issues. 21 And the fact that as a newly 22 returned New Yorker, as he explained to us 23 today in both the Higher Ed Committee and in 24 the Finance Committee, he has a true 25 commitment to making our state a better place, Candyco Transcription Service, Inc. (518) 371-8910 3931 1 our city a better place, and has chosen to 2 commit himself fully to the City University of 3 New York. 4 There is no one in this chamber who 5 does not understand the importance of strong 6 leadership and commitment and dedication on 7 the boards of both our city and state 8 university systems, and I am delighted that he 9 has taken on this challenge. Because, in 10 fact, so often public service is a challenge, 11 it demands a great deal of us, it demands a 12 great deal of time and commitment and 13 thoughtfulness. 14 And the fact that people like 15 Mr. Pantaleo are willing to, on a voluntary 16 basis, take on these responsibilities is a 17 representation of why this is such a great 18 state and will continue to have such wonderful 19 higher education public universities. 20 Thank you, Mr. President. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Stavisky.

23 SENATOR STAVISKY: Thank you, 24 Mr. President. 25 I too would like to commend the Candyco Transcription Service, Inc. (518) 371-8910 3932 1 Governor, not just for Mr. Pantaleo's 2 nomination, but this morning in the Committee 3 on Higher Education we had three unusual 4 nominees, nominees who bring a breadth of 5 experience and a commitment, a feeling for 6 higher education that I know will be cherished 7 for many years to come. 8 Mr. Pantaleo was a labor lawyer and 9 a partner at the DLA Piper firm. But more 10 importantly, in response to a question which I 11 asked about his priorities, he spoke about how 12 important it was for CUNY to be accessible and 13 affordable and provide a quality education. 14 Because CUNY has a long history going back to 15 City College, the founding of City College 16 over 160 years ago, as a place where the sons 17 and daughters of immigrants can be educated. 18 That mission that has not changed. 19 The same is true of the State University of 20 New York. And the understanding that this is 21 a university to serve an immigrant community I 22 think is very important, as well as anybody 23 who can benefit from higher education. 24 I think Mr. Pantaleo brings new 25 life to a really terrific board. Both the

Candyco Transcription Service, Inc. (518) 371-8910 3933 1 SUNY board and the CUNY boards are just 2 perfect examples of what non-paying positions 3 should be. And I welcome him, and I'm 4 delighted with all three nominations. 5 Thank you, Mr. President. 6 ACTING PRESIDENT MAZIARZ: Thank 7 you, Senator. 8 Anyone else wishing to speak on 9 this nomination? 10 The question is on the nomination 11 of Peter S. Pantaleo, of New York City, for 12 appointment as a member of the Board of 13 Trustees of the City University of New York. 14 All in favor signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT MAZIARZ: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT MAZIARZ: Peter 20 S. Pantaleo is hereby confirmed as a member of 21 the Board of Trustees of the City University 22 of New York. 23 Congratulations very much. 24 (Applause.) 25 ACTING PRESIDENT MAZIARZ: The Candyco Transcription Service, Inc. (518) 371-8910 3934 1 Secretary will read.

2 THE SECRETARY: As a member of 3 the Board of Trustees of the State University 4 State University, Carl Spielvogel, of New York 5 City. 6 ACTING PRESIDENT MAZIARZ: 7 Senator O. Johnson. 8 SENATOR OWEN JOHNSON: Move the 9 nomination. 10 ACTING PRESIDENT MAZIARZ: The 11 question is on the nomination of Carl 12 Spielvogel, of New York City, for appointment 13 as a member of the Board of Trustees of the 14 State University of New York. All in favor 15 signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MAZIARZ: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MAZIARZ: Oh, 21 I'm sorry, Senator Stavisky. 22 SENATOR STAVISKY: Thank you. 23 Before we confirm Mr. Spielvogel, 24 let me indicate that he too will bring a new 25 perspective to the SUNY board. Candyco Transcription Service, Inc. (518) 371-8910 3935 1 I was very impressed by his 2 description of how is he a proud New Yorker, 3 how he grew up, his father had passed away -4 he is a graduate of Baruch College, a part of

5 CUNY, obviously -- but has gone on to a 6 remarkable career as an ambassador to the 7 Slovak Republic. 8 Starting out, incidentally, as a 9 reporter for the New York Times, a reporter 10 and columnist for the New York Times. But he 11 went on to a career in international and 12 global marketing, advertising, and a renowned 13 philanthropist, entrepreneur, and brings a 14 sense of philanthropy to the SUNY board. 15 SUNY is about to select a new 16 chancellor, and I know that he will have 17 impressive contributions to make in the 18 selection of a world-renowned chancellor, 19 whoever that person may be. His commitment to 20 give back to what Baruch has done for him I 21 think speaks about the man's compassion, his 22 concern for others. 23 And I think he's going to make a 24 remarkable addition to the SUNY board, and I 25 congratulate the Governor for this nomination. Candyco Transcription Service, Inc. (518) 371-8910 3936 1 Thank you. 2 ACTING PRESIDENT MAZIARZ: Thank 3 you, Senator Stavisky. 4 Senator Schneiderman. 5 SENATOR SCHNEIDERMAN: Thank you, 6 Mr. President. 7 I want to rise and also

8 congratulate both the nominee and the Governor 9 for making such a fine nomination. 10 I've known Mr. Spielvogel for some 11 time. He and his wife embody the best of 12 New York. They are constantly sponsoring, 13 hosting and attending events in support of one 14 good cause or another. 15 And I am tremendously impressed 16 that he's going to take the time and put his 17 energy now into making SUNY the great, great 18 state university that we all know it should be 19 and want it to be, and to carry out the vision 20 that the Governor has set for it. 21 I thank him for his service up till 22 now. I am confident that he will perform 23 admirably going forward. And I think everyone 24 here in this room that should understand that 25 this is a true gentleman, a true Candyco Transcription Service, Inc. (518) 371-8910 3937 1 philanthropist -- not just in terms of giving 2 out money, but giving of himself, opening his 3 home. And he embodies the spirit we really do 4 need in our trustees. It's a great good 5 fortune to all of us that he's willing to 6 serve. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MAZIARZ: Thank 9 you, Senator Schneiderman. 10 Senator Krueger.

11 SENATOR LIZ KRUEGER: Thank you. 12 I also rise, not to repeat what my two 13 colleagues have said, but, as the Senator 14 representing Mr. Spielvogel and his family in 15 my district, to thank him for taking on yet 16 another responsibility. 17 As Senator Schneiderman just 18 mentioned, the list of public service 19 commitments that Carl Spielvogel has made to 20 the State of New York, the City of New York, 21 can actually just go on for pages. In my own 22 district, he has been an extraordinary 23 representative to the Metropolitan Museum of 24 Art, to the Asia Society, to the Mount Sinai 25 hospital. I'm sure the list is longer than Candyco Transcription Service, Inc. (518) 371-8910 3938 1 even is listed on his biography. 2 And the fact that he is openly 3 excited and willing to take on challenges for 4 the State University of New York board again 5 is, I suppose, fitting of everything else he 6 has been doing in his career for the people of 7 New York. So I'm delighted to stand here in 8 support of his nomination. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MAZIARZ: Thank 11 you, Senator Krueger. 12 Senator Stachowski, on the 13 nomination.

14 SENATOR STACHOWSKI: Yes, 15 Mr. President, I too would like to rise and 16 second the nomination. 17 I was struck in Finance by the 18 conversation we had when we talked about SUNY 19 being an economic engine, and particularly 20 throughout the upstate area, as was seen in a 21 recent vision. And Mr. Spielvogel picked up 22 on that and said that his history is to get 23 businesses involved with, for example, the 24 Metropolitan Art Museum, and when he was the 25 ambassador, to get that country going with Candyco Transcription Service, Inc. (518) 371-8910 3939 1 business, and he looks forward to doing the 2 same thing for SUNY. 3 And I think that would make a great 4 two-way street. And it's wonderful to have an 5 advocate like that on the board, and I look 6 forward to the many good things that we'll see 7 happen by his participation and bringing his 8 expertise to that board that's so important to 9 so many of us in upstate New York. 10 And so I'm proud to second the 11 nomination. 12 ACTING PRESIDENT MAZIARZ: Is 13 there anyone else who would like to speak on 14 the nomination? 15 The question is on the nomination 16 of Carl Spielvogel, of New York City, for a

17 term as a member of the Board of Trustees of 18 the State University of New York. All in 19 favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT MAZIARZ: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT MAZIARZ: Carl 25 Spielvogel is hereby confirmed as a member of Candyco Transcription Service, Inc. (518) 371-8910 3940 1 the Board of Trustees of the State University 2 of New York. 3 (Applause.) 4 ACTING PRESIDENT MAZIARZ: Mr. 5 Pantaleo and Mr. Spielvogel, on behalf of 6 Senator Bruno and the entire New York State 7 Senate, we want to congratulate you. 8 I thought it was very appropriate 9 that while this confirmation process was going 10 on, there were a whole bunch of future CUNY 11 and SUNY graduates other there who just left. 12 And thank you for volunteering your time for 13 these two great institutions on behalf of 14 those future graduates. Thank you. 15 The Secretary will read. 16 THE SECRETARY: As a member of 17 the Metropolitan Transportation Authority, 18 Robert C. Bickford, of Cold Spring. 19 ACTING PRESIDENT MAZIARZ:

20 Senator O. Johnson. 21 SENATOR OWEN JOHNSON: Move the 22 nomination. 23 ACTING PRESIDENT MAZIARZ: The 24 question is on the nomination of Robert C. 25 Bickford, of Cold Spring, as a member of the Candyco Transcription Service, Inc. (518) 371-8910 3941 1 Metropolitan Transportation Authority. All in 2 favor signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT MAZIARZ: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT MAZIARZ: The 8 nominee, Robert C. Bickford, is hereby 9 confirmed as a member of the MTA. 10 Congratulations to you, 11 Mr. Bickford, and thank you very much for your 12 service, on behalf of Senator Bruno and the 13 Senate. 14 (Applause.) 15 ACTING PRESIDENT MAZIARZ: The 16 Secretary will read. 17 THE SECRETARY: As a member of 18 the Metropolitan Transportation Authority, 19 Jeffrey A. Kay, of Bayside. 20 ACTING PRESIDENT MAZIARZ: 21 Senator O. Johnson. 22 SENATOR OWEN JOHNSON: Move the

23 nomination. Thank you. 24 ACTING PRESIDENT MAZIARZ: 25 Senator Flanagan. Candyco Transcription Service, Inc. (518) 371-8910 3942 1 SENATOR FLANAGAN: Thank you, 2 Mr. President. I'd like to be heard on this 3 nomination. 4 We just had a chance to hear about 5 Robert Bickford, who is now a new member of 6 the MTA board. And it was nice that 7 Mr. Bickford took the time out of his schedule 8 to actually appear in Albany, come before the 9 committees, entertain questions, give some 10 comments on his background. 11 The nominee before us is a 12 gentleman named Jeffrey Kay. Now, I wouldn't 13 know Mr. Kay if he was standing right in front 14 of me. But frankly, that's the problem. He's 15 not here. He didn't appear. He didn't appear 16 before the Transportation Committee, he didn't 17 appear before the Finance Committee. And yet 18 we're reappointing this person to a full term 19 as a member of the MTA board. 20 And that's a shame. That's not the 21 way we should be doing business. These people 22 should take these jobs as seriously as we do. 23 And we are now talking about an agency that 24 has a potential $500 million to $700 million 25 deficit in the coming year. Fares have just

Candyco Transcription Service, Inc. (518) 371-8910 3943 1 been raised, construction costs are going 2 through the roof, projects are not being done 3 on time. And frankly, we don't even have a 4 chance to entertain comments and to ask 5 questions of a nominee who is seeking 6 reappointment. 7 That's bad business. That's not 8 what our constituents expect. And frankly, we 9 deserve better as a Legislature. I don't 10 think Mr. Kay should be reappointed until he 11 takes the time to reappear here in Albany. 12 And I'm going to give one example. 13 Yesterday in the paper, many of us had a 14 chance to read about the executive director of 15 the MTA getting a $10,000 raise on a base 16 salary of $350,000. That's bad. That's not 17 the way we should be doing business. And 18 frankly, that was unilaterally approved by the 19 chair of the board of the MTA. No action 20 taken by the board. 21 Senator Hassell-Thompson, I'm 22 looking at her, you would like to get a 23 $10,000 raise. We would all like to. But 24 it's got to be vetted the right way. And the 25 public looks that, and they say, "What are Candyco Transcription Service, Inc. (518) 371-8910 3944 1 they doing?" And they in turn look at us and

2 say, "What are you folks doing?" 3 One of the ways we can keep their 4 feet to the fire is to make sure they're up 5 here to get a little grilling. Because, 6 frankly, the MTA has a lot of problems. And 7 Mr. Kay should have treated everybody in the 8 state better by appearing here today. 9 And for that reason and many 10 others, I'm voting against his reappointment. 11 ACTING PRESIDENT MAZIARZ: Any 12 other Senators wish to speak on this 13 nomination? 14 The question is on the nomination 15 of Jeffrey A. Kay, of Bayside, for a term as a 16 member of the Metropolitan Transportation 17 Authority. All in favor signify by saying 18 aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT MAZIARZ: 21 Opposed, nay. 22 (Response of "Nay.") 23 ACTING PRESIDENT MAZIARZ: In the 24 opinion of the chairs, the ayes have it. The 25 nominee is confirmed. Candyco Transcription Service, Inc. (518) 371-8910 3945 1 (Laughter.) 2 ACTING PRESIDENT MAZIARZ: The 3 Secretary will read. 4 THE SECRETARY: As a member of

5 the New York State Thruway Authority, Donna J. 6 Luh, of Depew. 7 ACTING PRESIDENT MAZIARZ: 8 Senator O. Johnson. 9 SENATOR O. JOHNSON: Move the 10 nomination. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Smith. 13 SENATOR SMITH: Yes, 14 Mr. President, I rise to second the nomination 15 of Donna Luh. 16 Obviously, the Governor has 17 selected someone who has a tremendous 18 background in transportation. She was once -19 actually, she worked for the Niagara Frontier 20 Transportation Authority; NFTA, as they call 21 it. 22 She is clearly one who understands 23 project management, as she ran a $186 million 24 project for the Greater Buffalo International 25 Airport. She runs her own consulting firm and Candyco Transcription Service, Inc. (518) 371-8910 3946 1 has been very committed in the long term to 2 doing what's best for the State of New York. 3 She clearly is someone that 4 understands what "one New York" is all about. 5 And the fact that what she's going to be doing 6 for the Thruway Authority clearly is a 7 testament to the Governor with a fine

8 selection, and also understanding someone who 9 knows what's best for the State of New York. 10 So, Donna Luh, I extend my 11 congratulations to you. The Governor made a 12 fine choice. And I am proud to second the 13 nomination of Donna Luh. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Thompson. 16 SENATOR THOMPSON: Thank you, 17 Mr. President. 18 First, I'd like to thank Governor 19 Paterson for nominating Donna Luh today for 20 this very important appointment. 21 I'd also like to thank Leader Smith 22 for his leadership in assisting with getting 23 this appointment. And for the members of the 24 Western New York delegation, I believe that 25 every member of our delegation in the Senate Candyco Transcription Service, Inc. (518) 371-8910 3947 1 worked hard to make sure that this appointment 2 would reach the floor. 3 This issue of the Thruway Authority 4 is something that people in Western New York 5 are very, very concerned about. And I believe 6 that Donna Luh will be very compassionate and 7 sensitive to the issues of the Legislature. 8 For many years she's worked with lawmakers to 9 keep them abreast as it relates to different 10 issues when big government projects have come

11 along her way. 12 Some of the things that I believe 13 that she can be helpful with: Grand Island. 14 The Grand Island Bridges is something that I 15 know that the Thruway Authority is looking at. 16 The issue of continuing to upgrade the roads 17 and infrastructure. And something that I know 18 this body has worked on before is the tolls in 19 Western New York. And I know that Senator 20 Stachowski, Senator Volker, and all the other 21 members of the Western New York Senate 22 delegation have always worked on this issue. 23 So I'm very excited to support the 24 nomination of Donna Luh. She is a very 25 professional businesswoman, owns her own Candyco Transcription Service, Inc. (518) 371-8910 3948 1 business. And I think she will be a 2 tremendous asset to the New York State Thruway 3 Authority. 4 ACTING PRESIDENT MAZIARZ: 5 Senator Volker, on the nominee. 6 SENATOR VOLKER: Yeah, quickly, 7 Mr. President; I was in and out of here. But 8 I want to commend the Governor's nomination of 9 Donna Luh also. 10 I've known her for many years, and 11 her whole family. I have no doubt that she 12 will make an excellent addition to the Thruway 13 Authority and hopefully will help us

14 straighten out the problems that we've had 15 over the last few years with the Thruway 16 Authority and tolls. 17 Thank you very much. Good luck. 18 ACTING PRESIDENT MAZIARZ: Thank 19 you, Senator Volker. 20 Anyone else like to speak on this 21 nominee before us? 22 The question is on the nomination 23 of Donna J. Luh as a member of the New York 24 State Thruway Authority. All in favor signify 25 by saying aye. Candyco Transcription Service, Inc. (518) 371-8910 3949 1 (Response of "Aye.") 2 ACTING PRESIDENT MAZIARZ: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT MAZIARZ: Donna 6 Luh is hereby confirmed as a member of the 7 New York State Thruway Authority. 8 Donna, congratulations to you on 9 behalf of Senator Bruno. 10 As I look over this list here, 11 Donna, we have nominees today from New York 12 City, New York City, New York City, Bayside, 13 Manhasset -- and one from Western New York. 14 We know that you will do an excellent job on 15 behalf of all the residents of New York State, 16 but particularly those where you live in

17 Western New York. 18 Thank you very much, and 19 congratulations. 20 (Applause.) 21 ACTING PRESIDENT MAZIARZ: The 22 Secretary will read. 23 THE SECRETARY: As a member of 24 the Metropolitan Transportation Authority, 25 James L. McGovern, of Manhasset. Candyco Transcription Service, Inc. (518) 371-8910 3950 1 As members of the New York State 2 Thruway Authority, E. Virgil Conway, of 3 Bronxville, and Brandon R. Sall, of Rye. 4 As a member of the Adirondack Park 5 Agency, Richard S. Booth, of Ithaca. 6 As a member of the Port of Oswego 7 Authority, Richard L. Atkins, of Oswego. 8 As a member of the Board of 9 Trustees of Cornell University, Howard 10 Milstein, of New York City. 11 As banking members of the State 12 Banking Board, Robert M. Fisher, of Owego, and 13 Peter G. Humphrey, of Warsaw. 14 As a member of the Industrial Board 15 of Appeals, Jean Grumet, of Larchmont. 16 As a member of the Republic Airport 17 Commission, Robert W. Bodenmiller, of West 18 Babylon. 19 As a member of the Allegany State

20 Park, Recreation and Historic Preservation 21 Commission, Lisa Feinberg-Duckett, of 22 Wellsville. 23 As a member of the Niagara Frontier 24 State Park, Recreation and Historic 25 Preservation Commission, Gerard J. Mosey, Candyco Transcription Service, Inc. (518) 371-8910 3951 1 Ed.D., of Lewiston. 2 As a member of the Saratoga-Capital 3 District State Park, Recreation and Historic 4 Preservation Commission, Brian S. Cechnicki, 5 of Canajoharie. 6 As a member of the Taconic State 7 Park, Recreation and Historic Preservation 8 Commission, Jane Alexander, of Dobbs Ferry. 9 As members of the Mental Health 10 Services Council, John Kastan, Ph.D., of 11 New York City; Glenn Liebman, of Albany; and 12 Kathleen Coyne Plumb, of Mumford. 13 As members of the State Camp Safety 14 Advisory Council, George G. Coleman, of 15 Freeport, and Judith H. Reilly, of Utica. 16 As members of the State Hospital 17 Review and Planning Council, Carolyn K. 18 Callner, of Troy, and Anthony J. Lechich, 19 M.D., of New York City. 20 As members of the Board of Visitors 21 of the New York State Home for Veterans and 22 Their Dependents at St. Albans, Elizabeth R.

23 Carr, of Glen Oaks. 24 As a member of the Board of 25 Visitors of the Bronx Children's Psychiatric Candyco Transcription Service, Inc. (518) 371-8910 3952 1 Center, Donna Chappell, of the Bronx. 2 As a member of the Board of 3 Visitors of the Creedmoor Psychiatric Center, 4 Gloria M. Allen, M.D., of Hollis. 5 As a member of the Board of 6 Visitors of the Finger Lakes Developmental 7 Disabilities Services Office, David H. Breen, 8 M.D., of Dansville. 9 As a member of the Board of 10 Visitors of the Hudson Valley Developmental 11 Disabilities Services Office, Wilbur T. 12 Aldridge, of West Haverstraw. 13 As a member of the Board of 14 Visitors of the Queens Children's Psychiatric 15 Center, Lorraine Jacobs, of South Ozone Park. 16 As a member of the Board of 17 Visitors of the Rockland Children's 18 Psychiatric Center, James Scaringe, of 19 Orangeburg. 20 As members of the Board of Visitors 21 of the Valley Ridge Center for Intensive 22 Treatment, Albert B. Kochersperger, M.D., of 23 Norwich, and Lee Wilhelm, of Norwich. 24 And as a member of the Board of 25 Visitors of the Western New York Developmental

Candyco Transcription Service, Inc. (518) 371-8910 3953 1 Disabilities Services Office, Mary Ellen 2 Murphy, of West Seneca. 3 ACTING PRESIDENT MAZIARZ: 4 Senator O. Johnson. 5 SENATOR OWEN JOHNSON: Move the 6 nominations. 7 ACTING PRESIDENT MAZIARZ: The 8 question is on the nominations as read by the 9 Secretary. All in favor signify by saying 10 aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT MAZIARZ: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT MAZIARZ: All 16 the nominees as read by the Secretary are 17 hereby confirmed. 18 Senator Morahan. 19 SENATOR MORAHAN: Yes, 20 Mr. President, can we return to motions and 21 resolutions. I believe there are some motions 22 at the desk. 23 ACTING PRESIDENT MAZIARZ: 24 Motions and resolutions. 25 Senator Nozzolio. Candyco Transcription Service, Inc. (518) 371-8910 3954 1 SENATOR NOZZOLIO: Thank you,

2 Mr. President. 3 On behalf of Senator DeFrancisco, I 4 wish to call up Print Number 5076A, recalled 5 from the Assembly, which is now at the desk. 6 ACTING PRESIDENT MAZIARZ: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1465, by Senator DeFrancisco, Senate Print 10 5076A, an act to amend the Insurance Law and 11 the Civil Practice Law and Rules. 12 SENATOR NOZZOLIO: I now move to 13 reconsider the vote by which the bill was 14 passed. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll on reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 SENATOR NOZZOLIO: Mr. President, 20 I now offer the following amendments. 21 ACTING PRESIDENT MAZIARZ: The 22 amendments are received. 23 Senator Morahan. 24 SENATOR MORAHAN: Thank you, 25 Mr. President. Can we now have the Candyco Transcription Service, Inc. (518) 371-8910 3955 1 noncontroversial reading of the calendar, 2 please. 3 ACTING PRESIDENT MAZIARZ: The 4 Secretary will read.

5 THE SECRETARY: Calendar Number 6 238, by Senator C. Kruger, Senate Print 4541A, 7 an act to amend the Family Court Act and the 8 Domestic Relations Law. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section. 11 THE SECRETARY: Section 8. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT MAZIARZ: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 413, by Senator Golden, Senate Print 320A, an 21 act to amend the Penal Law. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 24 THE SECRETARY: Section 9. This 25 act shall take effect on the first of Candyco Transcription Service, Inc. (518) 371-8910 3956 1 November. 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: Calendar Number 9 440, by Senator Golden, Senate Print 6910, an 10 act to amend the Civil Service Law. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT MAZIARZ: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 572, by Senator LaValle, Senate Print 3202, an 23 act to amend the Tax Law. 24 ACTING PRESIDENT MAZIARZ: There 25 is a local fiscal impact statement at the Candyco Transcription Service, Inc. (518) 371-8910 3957 1 desk. 2 Read the last section. 3 THE SECRETARY: Section 7. This 4 act shall take effect on the first day of a 5 sales tax quarterly period. 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 13 619, by Senator DeFrancisco, Senate Print 14 6466A, an act to amend the Agriculture and 15 Markets Law. 16 ACTING PRESIDENT MAZIARZ: Read 17 the last section. 18 THE SECRETARY: Section 2. 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 619: Ayes, 61. Nays, 1. 25 Senator Montgomery recorded in the negative. Candyco Transcription Service, Inc. (518) 371-8910 3958 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 623, by Senator Young, Senate Print 7224, an 5 act to amend the Agriculture and Markets 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 THE SECRETARY: Ayes, 60. Nays,

14 2. Senators Bonacic and Little recorded in 15 the negative. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 688, by Senator Seward, Senate Print 6982, 20 Concurrent Resolution of the Senate and 21 Assembly proposing an amendment to Section 8 22 of Article 4 of the Constitution. 23 ACTING PRESIDENT MAZIARZ: On the 24 resolution, the Secretary will call the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 3959 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT MAZIARZ: The 3 resolution is adopted. 4 THE SECRETARY: Calendar Number 5 689, by Senator Skelos, Senate Print 6996A, an 6 act to amend the Education Law. 7 ACTING PRESIDENT MAZIARZ: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll. 13 (The Secretary called the roll.) 14 SENATOR SKELOS: Mr. President. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Skelos.

17 SENATOR SKELOS: Just to explain 18 my vote. 19 This legislation addresses the 20 recent series of incidents through which 21 attorneys employed by both school districts 22 and private law firms received duplicate 23 payments for their services and became 24 eligible for public pension and healthcare 25 benefits. Candyco Transcription Service, Inc. (518) 371-8910 3960 1 This legislation will clearly 2 prohibit independent contractors who are 3 providing services to a school district from 4 being classified as an employee of that school 5 district. 6 In addition, the bill provides that 7 any firm or individual that violates this 8 prohibition will be liable for three times the 9 amount illegally billed, and any individual 10 who violates this section shall be guilty of 11 professional misconduct. 12 I vote aye. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Skelos will be recorded in the 15 affirmative. 16 Announce the results. 17 THE SECRETARY: Ayes, 62. Nays, 18 0. 19 ACTING PRESIDENT MAZIARZ: The

20 bill is passed. 21 THE SECRETARY: Calendar Number 22 731, by Senator Rath, Senate Print 1311B, an 23 act to amend the Real Property Tax Law. 24 ACTING PRESIDENT MAZIARZ: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 3961 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 THE SECRETARY: Calendar Number 10 836, by Senator Volker, Senate Print 4632, an 11 act to amend -12 SENATOR DUANE: Lay it aside, 13 please. 14 ACTING PRESIDENT MAZIARZ: Lay 15 the bill aside. 16 THE SECRETARY: Calendar Number 17 866, substituted earlier today by Member of 18 the Assembly Lentol, Assembly Print Number 19 10345, an act to amend the Civil Service Law. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. 22 THE SECRETARY: Section 2. This

23 act shall take effect on the first of March. 24 ACTING PRESIDENT MAZIARZ: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 3962 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 6 879, by Senator Padavan -7 SENATOR MORAHAN: Lay it aside 8 for the day. 9 ACTING PRESIDENT MAZIARZ: Lay 10 the bill aside for the day. 11 THE SECRETARY: Calendar Number 12 883, by Senator Seward, Senate Print 5053, an 13 act to amend the Insurance Law. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect upon enactment into law 18 by two compacting states of legislation. 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: Calendar Number

Candyco Transcription Service, Inc. (518) 371-8910 3963 1 959, by Senator Trunzo, Senate Print 3925, an 2 act to amend the Executive Law. 3 ACTING PRESIDENT MAZIARZ: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 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 THE SECRETARY: Calendar Number 14 1065, by Senator Little, Senate Print 7467, an 15 act to amend the Correction Law. 16 ACTING PRESIDENT MAZIARZ: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MAZIARZ: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MAZIARZ: 24 Senator Montgomery. 25 SENATOR MONTGOMERY: Yes, to Candyco Transcription Service, Inc. (518) 371-8910 3964 1 explain my vote.

2 ACTING PRESIDENT MAZIARZ: 3 Senator Montgomery, to explain her vote. 4 SENATOR MONTGOMERY: Yes, 5 Mr. President, I am absolutely in favor of 6 adaptive reuse and a plan for such. I think 7 that we owe it to the local community, if a 8 facility of the size and magnitude and 9 significance of a correctional facility is 10 going to be closed, there should be a planning 11 process. 12 But I don't believe that we want to 13 require that plan to come two years before the 14 facility is to close. So I'm going to oppose 15 this, only because I think that it really is 16 not -- it's not workable. 17 But we do want and I do support a 18 planning process and definitely adaptive reuse 19 of any facility that we're closing upstate. 20 Thank you. I vote no. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Montgomery will be recorded in the 23 negative. 24 Announce the results. 25 THE SECRETARY: Those recorded in Candyco Transcription Service, Inc. (518) 371-8910 3965 1 the negative on Calendar Number 1065 are 2 Senators Adams, Hassell-Thompson, Montgomery 3 and Perkins. 4 Ayes, 58. Nays, 4.

5 ACTING PRESIDENT MAZIARZ: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1074, substituted earlier today by Member of 9 the Assembly Gunther, Assembly Print Number 10 9703, an act to authorize the Town of Chester 11 in the County of Orange. 12 ACTING PRESIDENT MAZIARZ: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT 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 1096, by Senator Morahan, Senate Print 7535, 25 an act to amend the Mental Hygiene Law. Candyco Transcription Service, Inc. (518) 371-8910 3966 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section. 3 THE SECRETARY: Section 3. 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 Duane recorded in the negative. 10 ACTING PRESIDENT MAZIARZ: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1146, substituted earlier today by Member of 14 the Assembly Pheffer, Assembly Print Number 15 10686, an act to amend the Agriculture and 16 Markets Law. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last 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 Candyco Transcription Service, Inc. (518) 371-8910 3967 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1200, by Senator Larkin, Senate Print 7778, an 4 act to amend the Highway Law. 5 ACTING PRESIDENT MAZIARZ: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll.

11 (The Secretary called the roll.) 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1200 are 14 Senators Duane, L. Krueger, Perkins and 15 Schneiderman. 16 Ayes, 58. Nays, 4. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1202, by Senator Saland, Senate Print 1094A, 21 an act to amend the Education Law. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect July 1, 2008. Candyco Transcription Service, Inc. (518) 371-8910 3968 1 ACTING PRESIDENT MAZIARZ: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT MAZIARZ: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1204, by Senator Saland, Senate Print -9 SENATOR MORAHAN: Lay it aside 10 for the day, please. 11 ACTING PRESIDENT MAZIARZ: Lay 12 the bill aside for the day. 13 THE SECRETARY: Calendar Number

14 1301, by Senator Maziarz, Senate Print 5706C, 15 an act to amend the Economic Development Law. 16 ACTING PRESIDENT MAZIARZ: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 90th day. 20 ACTING PRESIDENT MAZIARZ: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MAZIARZ: 24 Announce the results. 25 THE SECRETARY: Ayes, 61. Nays, Candyco Transcription Service, Inc. (518) 371-8910 3969 1 1. Senator LaValle recorded in the negative. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1310, substituted earlier today by Member of 6 the Assembly Alessi, Assembly Print Number 7 10082A, an act to amend the Tax Law. 8 ACTING PRESIDENT MAZIARZ: There 9 is a local fiscal impact notice at the desk. 10 Read 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 THE SECRETARY: Ayes, 62.

17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1347, by Senator Winner, Senate Print 7407, an 21 act to amend the Alcoholic Beverage Control 22 Law. 23 ACTING PRESIDENT MAZIARZ: Read 24 the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 3970 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: Calendar Number 9 1354, by Senator Little, Senate Print 7913, an 10 act to amend the Alcoholic Beverage Control 11 Law. 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 1421, by Senator Libous, Senate Print 7397, an 24 act to amend the Highway Law. 25 ACTING PRESIDENT MAZIARZ: Read Candyco Transcription Service, Inc. (518) 371-8910 3971 1 the last section. 2 THE SECRETARY: Section 2. 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 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1468, substituted earlier today by Member of 13 the Assembly Morelle, Assembly Print Number 14 395A, 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 January 1, 2009. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MAZIARZ:

23 Senator Alesi. 24 SENATOR ALESI: Mr. President, on 25 the bill. Candyco Transcription Service, Inc. (518) 371-8910 3972 1 As you know, several years ago we 2 founded the Healthy New York program, and it 3 was aimed to help small businesses, primarily, 4 get basic coverage that they otherwise would 5 not be able to afford. 6 Unfortunately, when the bill was 7 originally implemented, there was a 8 requirement that said if small businesses had 9 provided coverage for their employees within 10 the past 12-month period, that they could not 11 participate in Healthy New York. 12 Many small businesses then were 13 forced to carry no coverages, because they 14 couldn't afford regular coverage that was 15 provided by commercial carriers. 16 This removes the 12-month 17 requirement period, and it makes the field 18 more fair for all small businesses to 19 participate in Healthy New York, and therefore 20 helps their employees and the owners of those 21 small businesses to have basic healthcare 22 coverage. 23 And I'm proud to be the sponsor of 24 this bill, and thank my good friend in the 25 Assembly, Assemblymember Morelle, for his

Candyco Transcription Service, Inc. (518) 371-8910 3973 1 assistance in carrying the bill in that house. 2 ACTING PRESIDENT MAZIARZ: 3 Senator Alesi will be recorded in the 4 affirmative. 5 Senator Seward. 6 SENATOR SEWARD: Yes, 7 Mr. President, to explain my vote. 8 I'm very pleased to rise in support 9 of this legislation and to congratulate 10 Senator Alesi for sponsoring this bill. 11 This legislation is one more step 12 that this house is taking to make health 13 insurance more available and affordable to 14 more people and particularly, in this case, 15 small businesses of New York State. 16 It is a big step we're taking 17 today, and the result will be that more small 18 businesses will be able to offer health 19 insurance to their employees. That's good for 20 everyone. 21 I vote aye. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Seward will be recorded in the 24 affirmative. 25 Announce the results. Candyco Transcription Service, Inc. (518) 371-8910 3974 1 THE SECRETARY: Ayes, 62. Nays,

2 0. 3 ACTING PRESIDENT MAZIARZ: The 4 bill is passed. 5 Senator Connor. 6 SENATOR CONNOR: Thank you, 7 Mr. President. 8 I just want to let the record 9 reflect I was out of chamber, and had I been 10 here, I would have voted no on Calendar Number 11 1200, S7778. 12 ACTING PRESIDENT MAZIARZ: The 13 record will so reflect, Senator Connor. 14 SENATOR CONNOR: Thank you. 15 ACTING PRESIDENT MAZIARZ: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1479, by Senator Seward, Senate Print 7765, an 19 act to amend the Insurance Law. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT MAZIARZ: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 3975 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 1512, by Senator Morahan, Senate Print 6816, 7 an act to establish a temporary task force. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 7. 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 LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1515, substituted earlier today by Member of 20 the Assembly Ortiz, Assembly Print Number 21 10934, an act to amend the Geriatric Mental 22 Health Act. 23 ACTING PRESIDENT LIBOUS: Read 24 the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 3976 1 act shall take effect immediately. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed.

8 THE SECRETARY: Calendar Number 9 1519, substituted earlier today by Member of 10 the Assembly Rivera, Assembly Print Number 11 10811, an act to amend the Mental Hygiene Law. 12 ACTING PRESIDENT LIBOUS: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect January 1, 2009. 16 ACTING PRESIDENT LIBOUS: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT LIBOUS: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1520, by Senator Morahan, Senate Print 8241, 24 an act to amend the Mental Hygiene Law. 25 ACTING PRESIDENT LIBOUS: Read Candyco Transcription Service, Inc. (518) 371-8910 3977 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 THE SECRETARY: Calendar Number

11 1560 -12 SENATOR MORAHAN: Lay it aside 13 for the day. 14 ACTING PRESIDENT LIBOUS: Lay 15 that bill aside for the day. 16 THE SECRETARY: Calendar Number 17 1601, by Senator Young, Senate Print 5685A, an 18 act to amend the Tax Law and others. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect on the 180th day. 23 ACTING PRESIDENT LIBOUS: Call 24 the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 3978 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1632, by Senator Padavan, Senate Print 7728, 6 an act to amend the Education Law. 7 ACTING PRESIDENT LIBOUS: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LIBOUS: Call 12 the roll. 13 (The Secretary called the roll.)

14 ACTING PRESIDENT LIBOUS: Senator 15 Smith, to explain his vote. 16 SENATOR SMITH: Yes, 17 Mr. President, I'd just like to explain my 18 vote. 19 This particular bill that the 20 sponsor has put forward is actually one of a 21 series of bills that the trilevel task force 22 that was organized last year and held hearings 23 around the state has put forth. 24 A report that they recently put out 25 called "Improving Public Confidence in Law Candyco Transcription Service, Inc. (518) 371-8910 3979 1 Enforcement and Our Criminal Justice System," 2 by the trilevel task force, has a series of 3 bills that we believe are law enforcement 4 friendly, that will develop not only a better 5 law enforcement team for the State of New York 6 but also allow the community to have a better 7 relationship with law enforcement. 8 This bill today will obviously help 9 with retention of police officers. It will 10 also provide incentives for them to do a 11 better job performance. Last week we passed a 12 bill that basically waived tuition payments 13 for one year for anyone that was in a 14 baccalaureate program in the CUNY system. 15 This provides a waiver for two classes for a 16 two-year period of time.

17 It's a good bill. It sends a good 18 message to the police department within the 19 City of New York. And I give a vote of 20 confidence to the bill but also congratulate 21 the sponsor for coming forward with such a 22 great bill at a great time, as it is one 23 that's in this report that says a lot about 24 the people of the State of New York. 25 ACTING PRESIDENT LIBOUS: Senator Candyco Transcription Service, Inc. (518) 371-8910 3980 1 Malcolm Smith will be recorded in the 2 affirmative. 3 Announce the results. 4 THE SECRETARY: Ayes, 62. Nays, 5 0. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1645, substituted earlier today by Member of 10 the Assembly Wright, Assembly Print Number 11 564A, an act to amend the Executive Law. 12 ACTING PRESIDENT LIBOUS: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of January. 16 ACTING PRESIDENT LIBOUS: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT LIBOUS: Senator

20 Smith, to explain his vote. 21 SENATOR SMITH: Thank you, 22 Mr. President. 23 Again, I rise to support this bill. 24 This is another bill that was in our report on 25 improving public confidence in law Candyco Transcription Service, Inc. (518) 371-8910 3981 1 enforcement. 2 This particular bill deals with 3 diversity. And as you know, the State of 4 New York is extremely diverse in the ethnic 5 backgrounds that are here. And obviously a 6 bill that will allow for better training of 7 individual cultures and backgrounds only does 8 well for how the law enforcement people will 9 be policing the people of this state. 10 So again, I want to thank my 11 colleagues and thank all those in the trilevel 12 task force who worked so hard over the last 13 year to bring out these series of bills which 14 are being passed today. 15 Thank you very much, Mr. President. 16 ACTING PRESIDENT LIBOUS: Senator 17 Smith will be recorded in the affirmative. 18 Results. 19 THE SECRETARY: Ayes, 62. Nays, 20 0. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed.

23 THE SECRETARY: Calendar Number 24 1695, by Senator Leibell, Senate Print -25 SENATOR MORAHAN: Lay it aside Candyco Transcription Service, Inc. (518) 371-8910 3982 1 for the day. 2 ACTING PRESIDENT LIBOUS: Lay 3 that bill aside for the day. 4 THE SECRETARY: Calendar Number 5 1729, by Senator Leibell, Senate Print 8312, 6 an act in relation to state aid payments. 7 SENATOR MORAHAN: Lay it aside 8 for the day. 9 ACTING PRESIDENT LIBOUS: Lay 10 that bill aside for the day. 11 THE SECRETARY: Calendar Number 12 1749, substituted earlier today by Member of 13 the Assembly Millman, Assembly Print Number 14 10324A, an act to amend the Tax Law. 15 ACTING PRESIDENT LIBOUS: There 16 is a local fiscal impact note at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first day of the 20 sales tax quarterly period. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT LIBOUS: The

Candyco Transcription Service, Inc. (518) 371-8910 3983 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1768, by Senator Seward, Senate Print 8435, an 4 act to amend Chapter 549 of the Laws of 2005. 5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1831, by Senator Lanza, Senate Print 8020A, an 17 act enacting Michelle and Jordan's Law. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62. Candyco Transcription Service, Inc. (518) 371-8910 3984 1 ACTING PRESIDENT LIBOUS: The

2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1851, by Senator Maziarz, Senate Print 8481, 5 an act to amend the Public Service Law. 6 ACTING PRESIDENT LIBOUS: Read 7 the last section. 8 THE SECRETARY: Section 7. This 9 act shall take effect on the first of January. 10 ACTING PRESIDENT LIBOUS: Senator 11 Maziarz rises to explain his vote. 12 SENATOR MAZIARZ: Thank you, 13 Mr. President, to explain my vote. 14 This is a very, very important bill 15 that we are passing right now. There is 16 agreement with the Assembly for introducing, 17 approving net metering in the State of 18 New York. 19 I first of all want to recognize my 20 colleague Senator Owen Johnson. This is 21 actually a series of three different bills, 22 two of which were sponsored by Senator Owen 23 Johnson and one by myself. 24 This is going to put New York in a 25 great position for investment for green jobs, Candyco Transcription Service, Inc. (518) 371-8910 3985 1 green buildings, green energy. 2 I do want to acknowledge my 3 counterpart in the Assembly who was appointed 4 chairman of the Assembly Energy Committee

5 about the same time that I took over chair 6 here of the Energy Committee, Assemblyman 7 Kevin Cahill, and Assemblyman Steve 8 Englebright. We've worked very diligently, 9 very hard on this particular issue of net 10 metering. 11 Basically, meters in the State of 12 New York are going to turn both ways. When 13 you are using energy, you get charged. But 14 when you're producing energy that you don't 15 use, you're putting out onto the grid, you're 16 going to get a credit on your electric bill 17 for that. 18 I do want to acknowledge my ranking 19 member, Senator Kevin Parker. 20 Senator Smith, Senator Malcolm 21 Smith, I'm here throwing some bouquets at 22 Senator Kevin Parker, and he's not here to 23 hear it, so I wanted you to hear it so that 24 you could tell him that I said it. Okay? 25 Yesterday, Senator Adams asked me Candyco Transcription Service, Inc. (518) 371-8910 3986 1 to meet with a group of high school students 2 from his Senate district from the City of 3 New York, and I showed them this particular 4 book. I don't think this comes down to the 5 prop rule that Senator Schneiderman broke 6 Monday. But this book, put out by the 7 Interstate Renewable Energy Council --

8 ACTING PRESIDENT LIBOUS: It may 9 not, but you're close, sir. 10 SENATOR MAZIARZ: -- and the 11 Solar Alliance, rates each state on where they 12 are in net metering, and states that some of 13 us have probably -- you know, are not very 14 familiar with. Hawaii has a C, Indiana a D, 15 Arizona an F. New York, unfortunately, 16 unfortunately, has a D. 17 By voting for this legislation, by 18 approving this legislation here today -- and 19 the Assembly is going to do it tomorrow, 20 because we're always ahead of them -- by 21 approving this legislation and the Governor 22 signing it, New York is going to go from a D 23 to an A. 24 Senator Schneiderman didn't do that 25 well in school. He never went from a D to an Candyco Transcription Service, Inc. (518) 371-8910 3987 1 A. But we are going to go from a D to an A 2 thanks to the great efforts of Senator Owen 3 Johnson, all of my colleagues on the Senate 4 Energy Committee, and my colleagues in the 5 Assembly. 6 Mr. President, I vote in the 7 affirmative. Thank you. 8 ACTING PRESIDENT LIBOUS: Thank 9 you, Senator Maziarz. 10 Senator Adams.

11 SENATOR ADAMS: Mr. President, 12 you know, I too rise. I think that the issue 13 of global warming, the issue of energy 14 consumption, I just want to really commend -15 ACTING PRESIDENT LIBOUS: Excuse 16 me, Senator Adams. 17 Could we have a little order in the 18 chamber, please. The Senator is addressing 19 you on the floor. 20 Thank you. 21 SENATOR ADAMS: I want to commend 22 my colleague Senator Maziarz on this bill. 23 I think when you start to look at 24 the price of gas, when you start to look at 25 the cost of energy, that we must start the Candyco Transcription Service, Inc. (518) 371-8910 3988 1 process of attacking this problem from all the 2 different angles, from finding alternative 3 fuel sources to using the whole concept of net 4 metering. And it allows us to start to think 5 about how do we ensure we combat and hit the 6 issues of the global warming head on. 7 And I think that this is the 8 innovative way that we can do -- oftentimes we 9 look at that whole concept of what can one man 10 do. But clearly the introduction of bills 11 like this show that we can make an impact on 12 how we start the process of turning our 13 country around. And New York City and

14 New York State can be the leader in doing so. 15 So again, I want to thank those who 16 presented this bill, particularly Senator 17 Maziarz. And I know Senator Parker also has 18 me concerned about dealing with the issues of 19 net metering and dealing with the issues of 20 fuel consumption and what can we do as a state 21 legislature to start the process of leading 22 the nation on finding alternative forms of 23 fuel. 24 We can no longer allow ourselves to 25 be prisoners by those who are overseas when we Candyco Transcription Service, Inc. (518) 371-8910 3989 1 can do some things here in our great state to 2 lead the entire nation. 3 Thank you. 4 ACTING PRESIDENT LIBOUS: Thank 5 you, Senator Adams. 6 Senator Nozzolio. 7 SENATOR NOZZOLIO: Thank you, 8 Mr. President. On the bill. 9 I want to congratulate Senator 10 Maziarz for his leadership in fashioning and 11 constructing this legislation that will move 12 us forward. It's a win-win for the consumers. 13 It's a win for those of us who support the 14 development of alternative energy sources. 15 It's a win for upstate and the 16 upstate economy, and particularly the portions

17 of the economy that are fighting hard to 18 ensure that alternative sources of energy are 19 fully developed and fully explored. 20 That that type of development will 21 bring jobs to the upstate economy. It will 22 enhance already businesses waiting for this 23 type of legislation that will enhance our 24 energy development and expand our energy 25 supplies. Expand our energy supplies, I Candyco Transcription Service, Inc. (518) 371-8910 3990 1 hasten to add, with the development of 2 alternative energy sources. And we in upstate 3 are ideally poised for this. With net 4 metering, we will see it develop. 5 So I thank, again, the sponsor, 6 Senator Maziarz, as chair of the Energy 7 Committee. I am very pleased to serve on that 8 committee with him. And that we can expand 9 our energy independence with this legislation. 10 Thank you, Mr. President. 11 ACTING PRESIDENT LIBOUS: Senator 12 Nozzolio, I'm assuming you're voting in the 13 affirmative. 14 SENATOR NOZZOLIO: Yes. 15 ACTING PRESIDENT LIBOUS: Senator 16 Nozzolio in the affirmative. 17 Senator Owen Johnson. 18 SENATOR OWEN JOHNSON: Thank you, 19 Mr. President.

20 I'd really like to add my 21 congratulations to the chairman of the Energy 22 Committee, the newly coined chairman. And he 23 dug right in. And there were bills that were 24 hanging around for a while on alternative 25 energy, solar, and we didn't get very far Candyco Transcription Service, Inc. (518) 371-8910 3991 1 until Senator Maziarz took over the committee. 2 And the bill that I had, providing 3 solar and biomass generation for commercial 4 operations, has passed with his support. And 5 now his bill, of course, with the wind energy 6 is another plus. 7 So we really have a good package in 8 this chairman as the one that helped to put it 9 together. I want to congratulate him, I want 10 to thank him for what he's done so far. And 11 we are really on the right track because of 12 his actions. 13 Thank you very much, George. 14 ACTING PRESIDENT LIBOUS: Senator 15 Johnson votes in the affirmative. 16 Any other Senators want to explain 17 their vote? 18 If not, could we complete the roll 19 and have the results, please. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. Nays, 22 0.

23 ACTING PRESIDENT LIBOUS: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 3992 1 1870, by Senator Golden, Senate Print 6298A, 2 an act to amend the Executive Law and the 3 Social Services Law. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1913, substituted earlier today by Member of 16 the Assembly Kavanagh, Assembly Print Number 17 10343C, an act to amend the Agriculture and 18 Markets Law. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 120th day. 23 ACTING PRESIDENT LIBOUS: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. (518) 371-8910 3993 1 ACTING PRESIDENT LIBOUS: Senator 2 Connor, to explain his vote. 3 SENATOR CONNOR: Thank you, 4 Mr. President. 5 I'm delighted to support this, and 6 I want to congratulate Senator Maltese. 7 The one thing that this house has 8 always done that I'm very proud of is take the 9 lead on humane legislation, the way we treat 10 our pets. And this bill gives new enforcement 11 powers to police officers and peace officers 12 to intervene when pets, companion animals, are 13 locked in a car by negligent owners -14 criminal owners, frankly -- during a hot or 15 cold day, defenseless animals. And it allows 16 for their immediate rescue, and that's a good 17 thing. 18 And I know in this house Senator 19 Padavan has often taken the lead on humane 20 legislation. And I'm delighted to support 21 this legislation, as I've supported similar 22 legislation in the past. 23 So I vote aye, Mr. President. 24 ACTING PRESIDENT LIBOUS: Senator 25 Connor, in the affirmative. Candyco Transcription Service, Inc. (518) 371-8910 3994 1 Senator Adams, to explain his vote.

2 SENATOR ADAMS: I too, 3 Mr. President, rise in support of this 4 legislation. 5 What was surprising to me that I've 6 learned two weeks ago when we hit several 7 series of 95-plus-degree weather is that 8 although the State Department of Education has 9 a requirement for cold-weather emergencies, we 10 have no specifications for hot weather. 11 And so just as we look at how we 12 treat animals inside cars, we have to 13 reexamine how we're treating our children 14 inside the classroom. Again, I point to 15 global warming. We're moving into a period 16 where the summers are going to become closer. 17 During the month of June we experienced 18 95-plus-degree weather days. Normally our 19 children are out of school by the time we 20 reach the months of July and August, so we 21 don't have to deal with the issues of heat. 22 But that is not a reality now. 23 In some of the schools, 24 particularly in the cafeteria area, the heat 25 goes up to 120 degrees without any Candyco Transcription Service, Inc. (518) 371-8910 3995 1 ventilation, without any fans. We have a 2 responsibility of how we treat our animals, 3 and we have a greater responsibility of how we 4 treat our children. We must reexamine how our

5 children are dealt with in those very 6 difficult climates. 7 Children, like seniors and animals, 8 cannot control their body temperature at the 9 same rate. And I commend this legislation 10 that talks about the heat and animals, but at 11 the same time I think we must go back to the 12 drawing board and reexamine what is taking 13 place in our old, antiquated school systems 14 without air-conditioning units, and our young 15 children are there under similar climates to 16 be locked into makeshift classrooms without 17 any form of air-conditioning, any form of 18 ventilation and any form of relief from any 19 form of heat or heat exhaustion. 20 So I thank Senator Maltese for this 21 legislation, and I look forward to us dealing 22 with the same aspect of heat and how it 23 impacts our children in the future. 24 Thank you. 25 ACTING PRESIDENT LIBOUS: Senator Candyco Transcription Service, Inc. (518) 371-8910 3996 1 Adams in the affirmative. 2 Senator LaValle, to explain his 3 vote. 4 SENATOR LaVALLE: To explain my 5 vote. 6 I couldn't agree more with Senator 7 Adams in terms of children and so forth. But

8 I would also say that our animals, our 9 companions, are part of our family and really 10 need to be treated with the same degree of 11 concern and respect. 12 And so I congratulate Senator 13 Maltese for getting involved in this and 14 speaking on behalf of people who can't speak 15 for themselves. 16 Thank you, Mr. President. 17 ACTING PRESIDENT LIBOUS: Senator 18 LaValle in the affirmative. 19 Results. 20 THE SECRETARY: Ayes, 62. Nays, 21 0. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1914, substituted earlier today by Member of Candyco Transcription Service, Inc. (518) 371-8910 3997 1 the Assembly Sweeney, Assembly Print Number 2 6164, an act to amend the Public Service Law 3 and the Public Authorities Law. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.)

11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1915, by Senator Hannon, Senate Print 4019A, 16 an act to amend the Public Health Law. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 30th day. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT LIBOUS: The Candyco Transcription Service, Inc. (518) 371-8910 3998 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1916, by Senator Trunzo, Senate Print 5351A, 4 an act to amend the Public Authorities Law. 5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 6. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT LIBOUS: The

14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1917, substituted earlier today by Member of 17 the Assembly Hoyt, Assembly Print Number 18 8059C, an act to amend the County Law and the 19 New York State Urban Development Corporation 20 Act. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LIBOUS: Call Candyco Transcription Service, Inc. (518) 371-8910 3999 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1919, by Senator Padavan, Senate Print 5772, 8 an act to amend the Vehicle and Traffic Law. 9 ACTING PRESIDENT LIBOUS: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 180th day. 13 ACTING PRESIDENT LIBOUS: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62.

17 ACTING PRESIDENT LIBOUS: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1920, by Senator Lanza, Senate Print 6479A, an 21 act to amend the Vehicle and Traffic Law. 22 ACTING PRESIDENT LIBOUS: Read 23 the last section. 24 SENATOR MORAHAN: Lay it aside 25 for the day, please. Candyco Transcription Service, Inc. (518) 371-8910 4000 1 ACTING PRESIDENT LIBOUS: The 2 leader has requested the bill be laid aside 3 for the day. 4 THE SECRETARY: Calendar Number 5 1921, by Senator DeFrancisco -6 SENATOR KLEIN: Lay it aside, 7 please. 8 ACTING PRESIDENT LIBOUS: Lay 9 this bill aside. 10 THE SECRETARY: Calendar Number 11 1922, by Senator Lanza, Senate Print 6745, an 12 act to amend the Public Service Law. 13 ACTING PRESIDENT LIBOUS: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 30th day. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll.)

20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1923 -25 SENATOR MORAHAN: Lay it aside Candyco Transcription Service, Inc. (518) 371-8910 4001 1 for the day. 2 ACTING PRESIDENT LIBOUS: Lay 3 this bill aside for the day. 4 THE SECRETARY: Calendar Number 5 1924, substituted earlier today by Member of 6 the Assembly Magee, Assembly Print Number 7 9862, an act to amend the Alcoholic Beverage 8 Control Law. 9 ACTING PRESIDENT LIBOUS: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LIBOUS: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT LIBOUS: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1925, by Senator Winner, Senate Print 7062, an 21 act to amend the Executive Law. 22 ACTING PRESIDENT LIBOUS: Read

23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 60th day. Candyco Transcription Service, Inc. (518) 371-8910 4002 1 ACTING PRESIDENT LIBOUS: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT LIBOUS: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1926, by Senator Stewart-Cousins, Senate Print 9 7154, an act authorizing the Gate of Heaven 10 Cemetery to transfer land. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1928, substituted earlier today by Member of 23 the Assembly Brook-Krasny, Assembly Print 24 Number 10508, an act to amend the Retirement 25 and Social Security Law.

Candyco Transcription Service, Inc. (518) 371-8910 4003 1 ACTING PRESIDENT LIBOUS: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LIBOUS: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT LIBOUS: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1929, by Senator Farley, Senate Print 7434, an 13 act to amend the Banking Law. 14 ACTING PRESIDENT LIBOUS: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LIBOUS: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1931, substituted earlier today by Member of Candyco Transcription Service, Inc. (518) 371-8910 4004 1 the Assembly Farrell, Assembly Print Number

2 10766, an act to amend the Tax Law and the 3 Administrative Code of the City of New York. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1932, by Senator Maziarz, Senate Print 7664B, 16 an act to amend the Public Service Law. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT LIBOUS: The Candyco Transcription Service, Inc. (518) 371-8910 4005 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1933, by Senator Young, Senate Print 7682, an 4 act to amend the Highway Law.

5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of January. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1935, by Senator Winner, Senate Print 7850A, 17 an act to amend the Executive Law. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62. Candyco Transcription Service, Inc. (518) 371-8910 4006 1 ACTING PRESIDENT LIBOUS: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1936, by Senator Flanagan, Senate Print 8000A, 5 an act to amend the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT LIBOUS: Read

8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LIBOUS: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. Nays, 15 1. Senator Perkins recorded in the negative. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1937, by Senator Fuschillo, Senate Print 8036, 20 an act to amend the Vehicle and Traffic Law 21 and the State Finance Law. 22 ACTING PRESIDENT LIBOUS: Read 23 the last section. 24 THE SECRETARY: Section 6. This 25 act shall take effect April 1, 2009. Candyco Transcription Service, Inc. (518) 371-8910 4007 1 ACTING PRESIDENT LIBOUS: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT LIBOUS: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1939, by Senator Trunzo, Senate Print 8307A, 9 an act to amend the Education Law. 10 ACTING PRESIDENT LIBOUS: Read

11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LIBOUS: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT LIBOUS: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1940, by Senator Padavan, Senate Print 8317, 22 an act to amend the Private Housing Finance 23 Law. 24 ACTING PRESIDENT LIBOUS: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 4008 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LIBOUS: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT LIBOUS: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1941, substituted earlier today by Member of 11 the Assembly Zebrowski, Assembly Print Number 12 11095, an act to amend Chapter 581 of the Laws 13 of 2005.

14 ACTING PRESIDENT LIBOUS: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LIBOUS: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1942, by Senator Griffo, Senate Print 8392, an Candyco Transcription Service, Inc. (518) 371-8910 4009 1 act to amend the Highway Law. 2 ACTING PRESIDENT LIBOUS: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LIBOUS: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1943, by Senator Farley, Senate Print 8396, an 14 act authorizing the Office of General 15 Services. 16 ACTING PRESIDENT LIBOUS: Read

17 the last section. 18 THE SECRETARY: Section 6. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LIBOUS: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT LIBOUS: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 4010 1 THE SECRETARY: Calendar Number 2 1944, by Senator Lanza, Senate Print 8397, an 3 act to amend the Public Authorities Law. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT LIBOUS: Senator 12 Adams, to explain his vote. 13 SENATOR ADAMS: Yeah, I want to 14 thank Senator Lanza for this bill. I 15 introduced a similar bill. 16 You know, just the thought that 17 when our constituents cross a bridge or a 18 tunnel, the last thing anyone asks is are you 19 a Democrat or a Republican; they have to pay

20 the price. And Senator Lanza and I did a 21 joint press conference where we called on the 22 board to turn in their E-ZPasses. 23 I think that in order for anybody 24 to understand what the full brunt of having to 25 pay increased tolls, they need to ride the Candyco Transcription Service, Inc. (518) 371-8910 4011 1 trains and buses and pay the price. Men and 2 women should not sit in a room and decide the 3 impact on commuters without understanding what 4 is the cost process affected. There's no 5 reason why board members, many of them worth 6 millions of dollars, were having a free 7 E-ZPass to move to and from on our bridges in 8 a free manner. 9 And I want to commend Senator Lanza 10 for introducing this bill. I think it's 11 important that we have to lead by example, to 12 call on our board members, when you volunteer 13 to be on the board, you do just that. And I 14 will say over and over again, I'm a volunteer 15 Boy Scout. I don't get free cookies for life. 16 So we shouldn't be getting a free E-ZPass for 17 life for whose who volunteer on the board. 18 Volunteerism is just that; you 19 volunteer, you give back to the great state 20 that permitted you to be a great leader in the 21 first place. And I think that this bill is 22 applicable to today's times, when tolls are

23 increasing, gas prices are increasing, and the 24 average public, the nine-to-five girl or man, 25 is having the requirement to pay these high Candyco Transcription Service, Inc. (518) 371-8910 4012 1 costs. And our MTA board should do the same. 2 I vote in the affirmative. 3 ACTING PRESIDENT LIBOUS: Senator 4 Adams in the affirmative. 5 I believe, sir, that the Girl 6 Scouts sell cookies. 7 (Laughter.) 8 ACTING PRESIDENT LIBOUS: 9 Results. 10 THE SECRETARY: Ayes, 62. Nays, 11 0. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1947, by Senator Flanagan, Senate Print 8485, 16 an act to amend the Public Authorities Law. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT LIBOUS: The

Candyco Transcription Service, Inc. (518) 371-8910 4013 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1948, by Senator Young, Senate Print 8486, an 4 act in relation to adjusting certain state aid 5 payments. 6 ACTING PRESIDENT LIBOUS: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1951, by Senator Saland, Senate Print 8517, an 18 act to amend the General Business Law. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 60th day. 23 ACTING PRESIDENT LIBOUS: Call 24 the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 4014 1 THE SECRETARY: Ayes, 62.

2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1952, by Senator Volker, Senate Print 8520, an 6 act to amend Chapter 989 of the Laws of 1958, 7 creating a temporary state commission. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1953, by Senator Skelos, Senate Print 8530, an 20 act to amend the Education Law and the 21 Retirement and Social Security Law. 22 ACTING PRESIDENT LIBOUS: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the first of Candyco Transcription Service, Inc. (518) 371-8910 4015 1 November. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll.)

5 ACTING PRESIDENT LIBOUS: Senator 6 Skelos, to explain his vote. 7 SENATOR SKELOS: Thank you, 8 Mr. President. 9 Currently, state law provides that 10 a person who knowingly makes a false 11 statement, falsifies or permits to be 12 falsified any record or records of the 13 retirement system in any attempt to defraud 14 the system shall be guilty of a misdemeanor. 15 This legislation goes further by 16 establishing a Class E felony if such person 17 accrues a benefit of $1,000 or more as a 18 result of such actions, and a Class D felony 19 if they receive a benefit of $3,000 or more. 20 ACTING PRESIDENT LIBOUS: Senator 21 Skelos in the affirmative. 22 Results. 23 THE SECRETARY: Ayes, 62. Nays, 24 0. 25 ACTING PRESIDENT LIBOUS: The Candyco Transcription Service, Inc. (518) 371-8910 4016 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1954, by Senator Saland, Senate Print 8531, an 4 act to amend the Education Law. 5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 4. This

8 act shall take effect immediately. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 Senator Morahan, that completes the 16 noncontroversial calendar. What is your wish, 17 sir? 18 SENATOR MORAHAN: May we please 19 take up the controversial reading of the 20 calendar, please. 21 ACTING PRESIDENT LIBOUS: Senator 22 Morahan has requested that we now take up the 23 controversial calendar. And if the Secretary 24 will read. 25 Before the Secretary reads, we must Candyco Transcription Service, Inc. (518) 371-8910 4017 1 rings the bells so that members will come to 2 the chamber and be in their seats for votes. 3 Ring the bells, please. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 836, by Senator Volker, Senate Print 4632, an 7 act to amend the Criminal Procedure Law. 8 ACTING PRESIDENT LIBOUS: Is 9 there an explanation asked for? 10 SENATOR SCHNEIDERMAN: Nah, I'll

11 do my amendment. 12 ACTING PRESIDENT LIBOUS: Excuse 13 me. Senator Schneiderman, why do you rise? 14 SENATOR SCHNEIDERMAN: I believe 15 I have an amendment at the desk. 16 Mr. President, I would request that the 17 reading be waived and I be allowed to proceed 18 with the amendment. 19 ACTING PRESIDENT LIBOUS: The 20 reading is waived, and you may be heard on 21 your amendment, sir. 22 SENATOR SCHNEIDERMAN: Thank you, 23 Mr. President. 24 This is a bill that is brought 25 forward every year to restore the death Candyco Transcription Service, Inc. (518) 371-8910 4018 1 penalty in the State of New York. And the 2 issue of the death penalty is obviously one of 3 the most serious issues we face as a 4 Legislature. 5 My amendment would add to this 6 bill, to Senator Volker's bill, requirements 7 that we make the law as exacting as possible 8 when it comes to ensuring that innocent people 9 are not wrongfully convicted. 10 And I respectfully suggest that 11 anyone who's thinking about supporting the 12 death penalty has really an ethical obligation 13 to support this amendment as well.

14 This amendment would do several 15 things. First of all, it would provide 16 comprehensive structure and reform to our 17 state's system of DNA databases. 18 We all know that DNA evidence is a 19 wonderful tool for convicting the guilty and 20 exonerating the innocent, but in the State of 21 New York it is not effectively used in many, 22 many cases, and in some entire areas of the 23 state, because we do not have comprehensive 24 statewide standards for the preservation and 25 cataloguing of DNA evidence, we do not have a Candyco Transcription Service, Inc. (518) 371-8910 4019 1 rule that entitles every defendant to 2 automatically be able to get a test of their 3 DNA with the crime scene DNA. 4 Think of that, Mr. President. 5 There are crimes -- and we've had instances in 6 which this has taken place -- when a defendant 7 was eventually exonerated, years after 8 conviction, when they finally got a test of 9 their DNA with the crime scene DNA. How many 10 other people may be doing time because they 11 have not been able to get that test? 12 This amendment would also establish 13 a commission on the integrity of the criminal 14 justice system, an innocence commission, that 15 would study the errors made in wrongful 16 conviction cases and help us improve the

17 system. They would have the authority to look 18 into all of the problems we face. 19 There have been problems with 20 lineup procedures and wrongful eyewitness 21 identification. There have obviously been 22 problems with, you know, losing DNA or having 23 rogue DNA databases that confuse the process. 24 The commission on the integrity of the 25 criminal justice system would enable us, going Candyco Transcription Service, Inc. (518) 371-8910 4020 1 forward, to ensure that every possible 2 safeguard is provided that so that innocent 3 people are not convicted. 4 And, finally, and this is something 5 that many of us have been discussing already 6 today, this amendment will require the 7 videotaping of custodial interrogations in 8 felonies. 9 This morning a group of us watched 10 a videotape of the confession of a young man 11 named Frank Esposito in the year 2001, when he 12 was arrested and accused of lighting a fire in 13 a stables in Brooklyn that killed 21 horses. 14 Mr. Esposito was taken into 15 custody, he was 17 years old, he was told he 16 could call a lawyer. He didn't know a lawyer. 17 He wanted to call his mother, because he'd 18 never been out all night by himself. They 19 would not let him call his mother.

20 He was interrogated for 18 hours in 21 a room that was posted with the pictures of 22 dead horses and pictures of Mr. Esposito and 23 his family, which the police lied and said 24 reflected an ongoing surveillance of him. 25 He requested a polygraph Candyco Transcription Service, Inc. (518) 371-8910 4021 1 examination, requested a lie detector test. 2 The police proffered a detective as a 3 polygraph expert who was in fact not a 4 polygraph expert, gave him a lie detector 5 test -- which he passed -- and they told him 6 he had failed the lie detector test. 7 They also told him that his alibi 8 witnesses did not check out, when in fact the 9 alibi witnesses did check out. 10 And after 18 hours, being told he 11 couldn't call his mother unless he confessed, 12 being told that if he apologized to the 13 camera, things would go easy for him, he 14 confessed. 15 Now, in that case his parents were 16 able to raise almost $200,000, hire an 17 extraordinary defense lawyer who then ended up 18 doing a lot of his work pro bono, and produce 19 the cellphone records and alibi witnesses to 20 show that the young man was innocent. 21 That is a situation in which, had 22 we had custodial interrogations videotaped, he

23 would never have had to go through that. 24 Now, you know, many of you, some of 25 my colleagues from Long Island know well the Candyco Transcription Service, Inc. (518) 371-8910 4022 1 case of Martin Tankleff, who was convicted 2 wrongfully of having murdered both of his 3 parents. If you can imagine anything worse 4 than that, a 16-year-old kid was convicted of 5 murdering his parents, DNA evidence eventually 6 demonstrated that he didn't do it, and he's 7 now awaiting the final review of his case. 8 He was told by the police, to 9 induce his confession, that his father had 10 stayed alive long enough to finger him and 11 that his DNA was found under his mother's 12 fingernails -- both untrue. 13 So, ladies and gentlemen, there's a 14 real resistance to the notion that innocent 15 people confess to crimes they did not commit. 16 It happens all the time. The only way for us 17 to ensure that every confession is a 18 legitimate is to require the videotaping of 19 custodial interrogations. 20 This is being done in jurisdictions 21 around the country. And in case after case, 22 while there's resistance to it by law 23 enforcement at the beginning, they end up 24 loving it, because this ensures that no sharp 25 defense lawyer -- no offense to any of my

Candyco Transcription Service, Inc. (518) 371-8910 4023 1 colleagues intended -- can undermine a 2 legitimate confession, because there's no way 3 to challenge it. 4 So I'm speaking at length about 5 this issue because the videotape this 6 morning -- and I would offer to my colleagues 7 on the other side of the aisle a viewing of 8 the videotape anytime you want -- is 9 absolutely chilling. We have to prevent 10 innocent people from going to jail. We have 11 to allow a full and fair consideration of all 12 DNA evidence. And we need an innocence 13 commission going forward. 14 I do not see how in good conscience 15 any of you supporters of the death penalty can 16 vote for a death penalty bill without taking 17 these additional steps, without also agreeing 18 to this amendment, without ensuring that no 19 innocent person is ever put to death by the 20 State of New York. 21 I hope everyone will vote in 22 support of this amendment, Mr. President. 23 ACTING PRESIDENT LIBOUS: Thank 24 you, Senator Schneiderman. 25 Senator Volker. Candyco Transcription Service, Inc. (518) 371-8910 4024 1 SENATOR VOLKER: Mr. President, I

2 have to say -- and normally I wouldn't 3 speak -- but what you did was you should take 4 out the death penalty entirely. The death 5 penalty is not in this bill now. And you have 6 inserted, and I understand, for public 7 relations purposes, the language on DNA and on 8 the confession stuff. 9 Some of what you said, by the 10 way -- and we've checked out some of the 11 assertions by the innocence group. Some of 12 them are flat-out false, by the way. And I 13 don't -- look it, but I will have to say, 14 something is non-germane here. Either my bill 15 is non-germane, or your amendment is 16 non-germane. 17 Your amendment makes this bill 18 strictly a bill that pertains to the 19 commission on innocence and of course the 20 photographing of all confessions, which is 21 fine. By the way, as we sit here, we've had a 22 couple more loony decisions by judges in this 23 state that are letting more people out. 24 The one thing we don't have to 25 worry about in this state is -- the ACLU was Candyco Transcription Service, Inc. (518) 371-8910 4025 1 in here saying we've got to worry about this 2 partial DNA. Does anybody here truly believe 3 that a judge in this state would accept that? 4 Of course they wouldn't. I mean, the problem

5 we have here is that a lot of the assertions 6 we are making are kind of silly. 7 But I've got to tell you, anybody 8 who'd vote for this -- you want to vote for 9 it? Go ahead. It has nothing to do with the 10 death penalty. This is a way of voting for 11 all the stuff that DAs are saying would make 12 prosecutions in some cases virtually 13 impossible. Not necessarily because the 14 theories are bad, but he just mentioned about 15 a confession which was publicly made. I mean, 16 a number of the people who the Innocence 17 Project claims were innocent confessed 18 publicly. And then they said, Well, we found 19 some other evidence, so that confession was 20 forced. Oh, yeah, sure. I'm sure that's 21 probably true. 22 The problem you have is we have no 23 evidence that anyone ever executed in this 24 state was innocent. We also have found out 25 that without even DNA, we found that some Candyco Transcription Service, Inc. (518) 371-8910 4026 1 people -- it is true, a handful were found 2 guilty, by juries, who are innocent. Just a 3 handful, by the way. 4 But my only thought is you go ahead 5 and vote for this, but I've got to tell you, 6 nobody who supports the death penalty should 7 ever vote for this, because you'll be

8 eliminating the death penalty and putting 9 something in which has absolutely no 10 application to anything. 11 Now, I don't mind -- by the way, we 12 probably are doing -- as Senator Smith knows, 13 your leader, we are doing, I believe, some 14 tests on videotaping. You have to be careful, 15 because remember, this probably is the most 16 defense-conscious state in the nation. So 17 that what the DAs are worried about, that 18 somehow this could be used to find people 19 innocent even if the evidence is clear. 20 As far as the public integrity 21 stuff and the commission, eventually we'll do 22 it. But I've got to tell you, we're going to 23 make sure that we don't do what the Innocence 24 Project does, is looking for people that are 25 guilty to find them innocent. We want to find Candyco Transcription Service, Inc. (518) 371-8910 4027 1 people that are actually innocent. I'm not so 2 sure that the Innocence Project really cares. 3 They want to get people out of jail. But 4 that's not what we should be about in this 5 Legislature. 6 So I'd just ask my colleagues, you 7 can't vote for this. Because if you do vote 8 for this, you're saying we don't care about 9 the death penalty, period. So I suppose, you 10 know, anybody that's opposed to the death

11 penalty, it's a good public relations move. 12 But it has no application to criminal justice. 13 ACTING PRESIDENT LIBOUS: On the 14 amendment, those Senators in agreement please 15 signify by raising their hands. 16 THE SECRETARY: Those recorded in 17 agreement are Senators Adams, Breslin, Connor, 18 Diaz, Dilan, Duane, Hassell-Thompson, 19 L. Krueger, Montgomery, Onorato, Oppenheimer, 20 Perkins, Sabini, Savino, Schneiderman, 21 Serrano, Smith, Stewart-Cousins and Thompson. 22 ACTING PRESIDENT LIBOUS: This 23 amendment is not agreed to. 24 On the bill. 25 Senator Volker, do you wish to Candyco Transcription Service, Inc. (518) 371-8910 4028 1 speak on the bill? 2 SENATOR VOLKER: Yes. 3 ACTING PRESIDENT LIBOUS: Senator 4 Volker to speak on the bill. 5 SENATOR VOLKER: And very 6 honestly, I wouldn't have spoken on the 7 amendment, except that it was not done quite 8 the way it probably should have been done. 9 But, you know, it literally did 10 take the whole death penalty piece out of it 11 and made it a non-death penalty bill. I know 12 that wasn't the intention, but I thought I 13 should point that out.

14 But what you did if you voted for 15 it, you just voted for the Innocence Project 16 and all the rest of the stuff, you didn't vote 17 for the death penalty. 18 I can only say this bill, 19 essentially the same bill, passed 38 to 24. 20 You know, I have gotten a lot of 21 mail from anti-death penalty people telling me 22 that every study has shown the death penalty 23 not to be a deterrent, which is a bald-faced 24 lie. In fact, there was just one here by some 25 of your favorite people -- and these, Candyco Transcription Service, Inc. (518) 371-8910 4029 1 surprisingly, were collegiate people. That 2 is, they were law school people. There are 3 some law schools that are not as crazy as NYU 4 and some of the other places in this state, 5 who, you know -6 (Boos.) 7 SENATOR VOLKER: Let me -- let me 8 tell you why I say that. 9 ACTING PRESIDENT LIBOUS: Can we 10 have a little order in the chamber, please 11 Senator Volker has the floor. Please keep 12 your personal comments to yourself. 13 Senator Volker. 14 SENATOR VOLKER: When the Brennan 15 Commission came out, which of course was -- we 16 all upstate consider the Brennan Commission to

17 be basically an attack on upstaters more than 18 anything. But a professor from NYU, a very 19 bright guy, wrote me a letter, Frank Padavan 20 and I, and said he believed in the death 21 penalty, but not for killers, because most of 22 those people are really not bad people. He 23 thought we ought to have the death penalty for 24 big businesspeople who cheat people. And he 25 was serious. Candyco Transcription Service, Inc. (518) 371-8910 4030 1 And I said -- I wrote him a letter 2 and said, Sir, I think you maybe ought to 3 check a little bit. And then he told me about 4 all the times he'd been in prison. 5 You know, ladies and gentlemen, the 6 biggest problem I have with what's happened in 7 this state is that we have had judges that 8 have overruled the Legislature on all sorts of 9 things. And what we have here is a classic 10 example. A lot of attorneys who oppose the 11 death penalty told me that the jury 12 nullification decision by the Court of Appeals 13 was outrageous. And it was outrageous. I 14 mean, their reasoning was completely crazy. 15 Just remember something. This 16 state has been extremely cautious in dealing 17 with the death penalty over the years. The 18 problem we have is since the death penalty was 19 overruled -- it was not declared

20 unconstitutional, by the way, as some people 21 say. That's not what happened. If it had 22 been, we might have been able to go to the 23 federal courts and overrule our Court of 24 Appeals. It's possible. 25 A lot of police officers have died, Candyco Transcription Service, Inc. (518) 371-8910 4031 1 I mean a lot, in a short period of time. My 2 conscience would not be clear if I didn't at 3 least make an attempt to restore the death 4 penalty. 5 There have been lots of studies 6 that show the death penalty deters. Of course 7 it does. I mean, the issue is that you 8 overrule it with other issues. And the media 9 is in a period when it's willing to listen to 10 those who say, well, you know, things are 11 going pretty good in criminal justice because 12 fewer people have been getting killed across 13 the country. Of course they ignore the fact 14 that there's death penalties in a lot of 15 states. 16 And they say, well, but in Europe, 17 you don't have a death penalty. That's right, 18 but something that people don't realize, the 19 murder rate in Europe has been rising 20 dramatically. Of course, this is the 21 wealthiest country in the world, and what we 22 do here is different than a lot of other

23 places. 24 I can only say this -- and I 25 realize that the Assembly is now safely Candyco Transcription Service, Inc. (518) 371-8910 4032 1 ensconced in a problem involving a lot of 2 criminal justice stuff, and one of these is 3 the death penalty. It will be restored, it's 4 just a matter of time. We now believe that we 5 probably have the votes in the Court of 6 Appeals. 7 Although I'm the first to admit to 8 you, we just had a judge that told us, ordered 9 us to pay the judges, and a local newspaper 10 believed you can do that, which is ridiculous. 11 No judge can order this Legislature to pay 12 them. In fact, I mean, when you think of it, 13 it's insane. If people could just order this 14 Legislature to do things -- we're elected by 15 the people. 16 And my only response to what's been 17 said here about innocence and all that, I 18 realize this is a political year and I realize 19 that there is a lot of animosity toward law 20 enforcement right now. But I warn everybody 21 here, the death penalty will be restored, it's 22 just a matter of time. Because the people of 23 this state will move to do it, and this house 24 has always supported reasonable law 25 enforcement. And we will continue to do that.

Candyco Transcription Service, Inc. (518) 371-8910 4033 1 This bill does not change a thing 2 in the law except to fix the Court of Appeals' 3 what I call ridiculousness in saying, well, we 4 think the jury might have been influenced by 5 the way in which the bill was drafted. This 6 fixes that. 7 I was the one, by the way, that put 8 that provision in there, because I personally 9 thought that provision was more favorable to 10 people that were killers. Only by that I 11 meant that it would influence people to do the 12 right thing. Because whether people realize 13 it or not, I was very worried about innocence, 14 anybody being innocent. 15 We in this state have the most 16 extensive defense mechanism in the United 17 States of America. People from across the 18 country said if we had to have a death penalty 19 bill, the one you did should be the one. We 20 had a -- and the DAs kind of complained, 21 because of course you know, we had a Capital 22 Defender's Office, which we'll have to restore 23 someday because we will restore the death 24 penalty. 25 But I can only say if you vote for Candyco Transcription Service, Inc. (518) 371-8910 4034 1 this bill, you vote for sanity in the criminal

2 justice system. Yeah, you're going to be 3 voting against some media people. But I 4 represent the people of my district and of the 5 State of New York, and I'm going to vote for 6 the death penalty because I think it's the 7 right thing to do. 8 ACTING PRESIDENT LIBOUS: Senator 9 Krueger, do you want to speak on the bill? 10 SENATOR LIZ KRUEGER: Thank you. 11 Thank you, Mr. President. 12 Well, we've dealt with this bill 13 before. And we're dealing with it again. And 14 with all due respect to Senator Volker and the 15 speech he just made, it's not just a bunch of 16 people at NYU Law School, it's law schools 17 around the country, it's judges around the 18 country, it's district attorneys around the 19 country. 20 Here in this state the Innocence 21 Project report from six months ago, "Lessons 22 Not Learned," when you look at the people who 23 reviewed the evidence to document 23 people 24 exonerated, I see on that list district 25 attorneys and judges who I actually know were Candyco Transcription Service, Inc. (518) 371-8910 4035 1 pro the death penalty at some point in their 2 history. 3 The research is clear. The death 4 penalty is not a law we need in New York

5 State. It is not a law that deters violent 6 crime. It is not a law that can be assured of 7 a guarantee that no innocent person might be 8 put to death. And in fact, the data from 9 around the country documents that in fact 10 innocent people have been put to death under 11 the death penalty. 12 We don't need this law in New York 13 State. We should not be revisiting passing 14 this law. The documentation is detailed, it 15 is complete, it is scientific. We've spent 16 over $200 million in the State of New York 17 during the period that we had a death penalty 18 not putting people to death, but not being 19 spent to improve our criminal justice system 20 to protect people, not being put into effect 21 to try to decrease the reasons that we have 22 violent criminals and people who are victims 23 of such. 24 We have spent years and years, 25 perhaps not on the floor of the Senate, but in Candyco Transcription Service, Inc. (518) 371-8910 4036 1 public hearings more often done by Assembly to 2 listen to people come and document the 3 evidence against the death penalty, the 4 unfairness of the death penalty, the fact that 5 we don't have a criminal justice system that 6 can guarantee that we don't make mistakes and 7 that we don't make mistakes sometimes biased

8 against people who might have a darker color 9 skin or a lower socioeconomic base, because 10 that's also the data that is so disturbing 11 from around the country about the unequal 12 justice system we still have in this country 13 and in New York State. 14 But I suppose most importantly, I 15 would argue, the reason we don't need to move 16 again down the road of a wrongheaded death 17 penalty law in New York State is we can 18 protect people without it. We have life in 19 prison without parole for people who we do not 20 believe can ever be rehabilitated or have any 21 justification of being let out of our prison 22 system. We have an alternative. It is safer, 23 it is stronger, it is cheaper, it is more 24 morally appropriate, it is constitutional. 25 We have the laws in place we need. Candyco Transcription Service, Inc. (518) 371-8910 4037 1 We do not need to revisit the death penalty. 2 I urge all of my colleagues (A) do some 3 homework on the facts and (B) vote no on this 4 bill. 5 Thank you, Mr. President. 6 ACTING PRESIDENT LIBOUS: Senator 7 Diaz. 8 SENATOR DIAZ: Thank you, 9 Mr. President. 10 I rise up to express my opposition

11 to the death penalty. Mr. President, there 12 are many reasons why I should oppose the death 13 penalty. Many reasons. I'm black, I'm Puerto 14 Rican, with the kinky hair and broken English. 15 So there are plenty of reasons why I should 16 oppose the death penalty. 17 One reason, those who murder whites 18 are more than twice as likely to face the 19 death penalty as those who murder blacks. 20 That's a good reason why to oppose the death 21 penalty. But that's not why I'm opposing the 22 death penalty. That's not why. 23 Of the 500 defendants indicted for 24 first-degree murder since 1995, almost 25 60 percent were black, 20 percent Hispanic. Candyco Transcription Service, Inc. (518) 371-8910 4038 1 So blacks and Hispanics are more easy to get 2 indicted than whites. But that is not why I 3 am opposing the death penalty. 4 Of the 58 defendants where 5 prosecutors filed a death notice, 47 percent 6 were black and 42 percent were white. But 7 that's not why I am opposing the death 8 penalty, Mr. President. 9 Of the 62 counties in New York, six 10 of the 62 counties in New York account for 11 56 percent of all the death-noticed cases in 12 the state. And those counties are upstate. 13 But that is not why I'm opposing the death

14 penalty. 15 Some of you here stand up to oppose 16 the death penalty for these reasons and many 17 others. 18 And I can understand why someone 19 would like to impose the death penalty to an 20 adult that go and buys a gun, puts six bullets 21 in it, and decides that he or she will go into 22 a bodega and kill a bodeguero for his or her 23 money. I could understand why you would like 24 to impose the death penalty. 25 I could understand why people would Candyco Transcription Service, Inc. (518) 371-8910 4039 1 like to impose a death penalty for a person 2 who buys a gun, loads it with six or eight 3 bullets, gets into a taxi and kills that taxi 4 driver to take his money, leaving a family, a 5 widow and a family, children without a father. 6 I can understand why you would like 7 to impose a death penalty. You might have 8 valid reasons. I can understand why someone 9 would like to impose the death penalty on a 10 person that goes and assaults a senior 11 citizen, like that young guy the other day 12 that took that teacher in Brooklyn and punched 13 them to take the money. And some people that 14 kill a senior citizen, I could understand why 15 you want to give that person the death 16 penalty.

17 But I'm against the death penalty. 18 What I don't understand, what I don't 19 understand is why some of you would like to 20 defend the indefensible -- like a person that 21 goes into a bodega and kills a bodeguero, 22 knowingly, a person that goes into a taxi 23 driver and kills the tax driver knowingly, a 24 person that kills a senior citizen or any 25 other citizen, knowingly, why you would like Candyco Transcription Service, Inc. (518) 371-8910 4040 1 to defend that person and you are not 2 defending the unborn, the innocent, the 3 people -- the one that doesn't even know 4 anything. 5 They have not committed any crime. 6 They have not committed any crime. The only 7 crime that they have committed was an adult, a 8 person, a woman and a man decided to get into 9 a sexual relationship, and she got pregnant. 10 She knew what she was doing. But now you want 11 to kill that baby, that unborn -- you want to 12 kill that baby. You want to kill that 13 innocent. 14 But you want to defend the one that 15 kills the bodeguero, and you want to defend 16 the one that knowingly goes into a senior 17 citizen's home or into a taxi driver's cab and 18 kills that person, knowingly, to take his or 19 her money.

20 Why? I don't understand that. I 21 don't understand why you want to defend the 22 killers and kill the innocents. That's why 23 I'm opposing the death penalty, because I 24 believe that life is sacred, in all stages, 25 since conception to the end. God gave life, Candyco Transcription Service, Inc. (518) 371-8910 4041 1 God should take it away. Thou shalt not kill, 2 the Bible says. 3 So we should respect life. The 4 same way that you are defending the killers of 5 the bodegueros or the senior citizens or the 6 taxi drivers, the same way you defend the 7 killers of an innocent state citizen, defend 8 also the innocents, the unborn, the one that 9 have no knowledge, the one that have no -- the 10 one that has not committed any crime. 11 So, ladies and gentlemen, no, I 12 cannot, Mr. President, I cannot vote for the 13 death penalty. Not because a person that goes 14 into a bodega with a gun and kills a bodeguero 15 don't deserve the death penalty. I believe 16 maybe, maybe, maybe there is a reason, there 17 is some reason there to give that person the 18 death penalty. But I don't support that, 19 because I believe that life is sacred, in all 20 stages. 21 I defend the unborn. I protect the 22 unborn. I believe that if a woman and a man

23 goes and have a good time and she gets 24 pregnant, too bad, baby. Take care of that 25 baby. Don't kill it. Candyco Transcription Service, Inc. (518) 371-8910 4042 1 But to defend -- again, I'm going 2 to repeat myself -- to defend criminals -- and 3 I'm going to say that again -- to defend the 4 criminal's life and to kill the innocents 5 makes no sense at all. I'm voting no for 6 those reasons, because life is sacred. 7 Thank you, Mr. President. 8 ACTING PRESIDENT ROBACH: Thank 9 you, Senator Diaz. 10 Is there any other Senator wishing 11 to be heard? 12 Senator Schneiderman. 13 SENATOR SCHNEIDERMAN: Mr. 14 President, on the bill very briefly. 15 This is a tremendously serious 16 matter, and I would like to urge all of my 17 colleagues that, as has been said quite a few 18 times in the last few days in this chamber, 19 we're all entitled to our own opinions, we're 20 not entitled to our own facts. 21 There is no scientific evidence, 22 there are no peer-reviewed studies that have 23 not been completely rebutted that demonstrate 24 that states with the death penalty or nations 25 with the death penalty have lower crime than

Candyco Transcription Service, Inc. (518) 371-8910 4043 1 anywhere else. It doesn't work. 2 And as my colleagues have pointed 3 out, the worst criminals do not go to death 4 row. The determinants of whether or not you 5 end up on the death row are the race of the 6 victim, the race of the defendant, and the 7 wealth and education of the defendant. This 8 we know to be true. 9 Ladies and gentlemen, I do not see 10 how, after we've discussed today and what you 11 all know to be true about innocent people 12 being convicted in the State of New York under 13 our current system, you can implement the 14 ultimate sanction without taking every step to 15 ensure that that never takes place in the 16 future. I vote no, and I urge everyone to 17 vote no. 18 ACTING PRESIDENT ROBACH: Debate 19 is closed. 20 SENATOR CONNOR: Mr. President. 21 ACTING PRESIDENT ROBACH: Marty, 22 you're a little late, but go ahead. 23 SENATOR CONNOR: I was standing, 24 Mr. President. 25 ACTING PRESIDENT ROBACH: Sorry. Candyco Transcription Service, Inc. (518) 371-8910 4044 1 SENATOR CONNOR: Thank you,

2 Mr. President. 3 I've certainly debated this death 4 penalty many times before. My position 5 remains what it's always been. 6 And I've heard debate on this floor 7 many times over the death penalty. People 8 have statistics that say, oh, it will deter 9 crime, it will save lives. People have 10 statistics that say no, it doesn't deter 11 crime, it doesn't affect murder rates. Other 12 people will say, well, but it's a fundamental 13 form of justice, an eye for an eye. And 14 others say no, that's not how we should do our 15 penalties. 16 For me, Mr. President, certain 17 things in my mind are indisputable. That is, 18 very, very wealthy people do not have the 19 death penalty inflicted upon them. They hire 20 teams of top lawyers and investigators, and 21 they generally escape that penalty. It goes 22 back to one of the -- probably one of the most 23 brutal, calculating murders in U.S. history, 24 Leopold and Loeb. They didn't get the chair. 25 They didn't get the chair. Sacco and Vanzetti Candyco Transcription Service, Inc. (518) 371-8910 4045 1 got the chair. The poor, working-class people 2 got the chair. 3 I once had a chance to look at a 4 book that examined the death row log in

5 New York State. And if you go back to the 6 late part of the nineteenth century, most of 7 the people executed had Irish names. And then 8 there were Italian names. And then you 9 started seeing Latino and names that appeared 10 to be those of African-Americans. 11 What does that tell us? That one 12 group or the other is more prone to crime? 13 No. It tells you who was on the bottom of 14 society at that period of time and for those 15 decades. They got the chair. They weren't 16 the only ones who committed the murders, but 17 they got the chair. 18 The death penalty has never, 19 ever -- as much as we've tried, as much as 20 people build things into law about 21 comparability and so on, the death penalty has 22 simply never been evenly applied. Because 23 frankly, Mr. President, in our criminal 24 justice system, probably the best the world 25 has come up with, there's still a flaw. It's Candyco Transcription Service, Inc. (518) 371-8910 4046 1 a human system, created by humans, 2 administered by humans, and it will make 3 mistakes. 4 And the problem with the death 5 penalty is you can't go back and say let's do 6 it over. You can't let somebody out after 7 you've executed them. When in fact we know

8 that many people, and as DNA evidence now 9 makes it conclusive in many cases, many people 10 who are innocent are convicted in our system, 11 based on all sorts of circumstantial evidence. 12 The fact of the matter is 13 fundamentally, with our current technology and 14 ability to secure the penal system, we don't 15 need a death penalty to protect people, we can 16 incarcerate people for life without parole, we 17 can do it effectively, we can do it as safely 18 as possible. And therefore we ought not use 19 this final, irreversible penalty because of 20 what its use says about us, that we will 21 deliberately take a life, albeit a life not 22 well-lived, albeit someone who has committed 23 heinous crimes. 24 We, the State of New York and its 25 agents, should not be inflicting the death Candyco Transcription Service, Inc. (518) 371-8910 4047 1 penalty. It is a penalty that's unworthy of a 2 civilized society, as most advanced nations in 3 the world have recognized. 4 It's time for us to stop this 5 political dance about let's have the death 6 penalty. It's lost its political bite. I 7 said on this floor many, many years ago, when 8 the death penalty was enormously popular and 9 the polls showed everybody wanted it, I quoted 10 someone, talking to a clergyman about the

11 death penalty. 12 He said: "Well, you know, vox 13 populi, vox dei." The voice of the people is 14 the voice of God. They want the death 15 penalty. And I said, "Does God change his 16 mind every twenty years or so?" Because the 17 public does. 18 The public now recognizes it 19 just -- I'm out there, no one in my district 20 comes up to me anymore and says, "What about 21 the death penalty? It hasn't been used. Are 22 you going to restore it?" No one asks the 23 question. People have different concerns. 24 Crime is down. No one in this 25 state has been executed since 1965. Crime is Candyco Transcription Service, Inc. (518) 371-8910 4048 1 down. If that doesn't prove anything, it 2 proves we can deal with crime and reduce crime 3 without using the death penalty. 4 Mr. President, I'm against the 5 death penalty. I urge my colleagues to oppose 6 it. There is no reason we need this penalty. 7 There is no reason it's fitting and 8 appropriate, and it certainly is not worthy of 9 our civilization. 10 Thank you, Mr. President. 11 ACTING PRESIDENT ROBACH: Thank 12 you, Senator Connor. 13 Senator Volker.

14 SENATOR VOLKER: Yeah, I'm going 15 to speak very quickly. 16 You know, Marty, I always kind of 17 resent -- by the way, I'm Irish too. And I 18 know why Irish men were executed, so many, 19 because the Irish neighborhoods were very, 20 very tough places in those days. The Italian 21 neighborhoods later. You know, some of the -22 a lot of the killings were multiple killings. 23 And when you mentioned the fact 24 that life without parole has worked so well, 25 there's the case of Lemuel Smith, who murdered Candyco Transcription Service, Inc. (518) 371-8910 4049 1 a woman in prison. He was a wonderful guy. 2 We know he killed five people, we suspected he 3 killed as many as 10 people. I won't get into 4 details about his murders on the streets of 5 Schenectady, but they were brutal. 6 Now, Lemuel Smith was an 7 African-American. But I want to tell you 8 something about this country. Most of the 9 people executed in this country since the 10 death penalty was restored are Caucasian. 11 Now, a lot of people believe that's the 12 sensitivity toward African-Americans. It may 13 be. In fact, there was a lawsuit saying too 14 many Caucasians were being executed. 15 You know, this is the United States 16 of America. I know a lot of people don't like

17 juries anymore. But do remember one thing 18 about the difference between Europe and the 19 United States. In Europe, governments execute 20 people. Governments. That's why the pope was 21 opposed, and he was right. Communists, 22 socialists, Nazis, they used it as a political 23 tool. In this country, we don't do that. We 24 use juries. 25 And I understand that we have heard Candyco Transcription Service, Inc. (518) 371-8910 4050 1 a lot of nonsense about the death penalty and 2 "every reputable study." Every reputable 3 study done by anti-death penalty people. The 4 ones done by non-anti-death penalty, the ones 5 done by people who are neither side, have all 6 shown a deterrent. But you don't hear about 7 that, because the media doesn't even report 8 that. 9 You could say all you want. Why is 10 our murder rate down, why is our violence 11 down? Because we have the death penalty. 12 When we restored the death penalty, all of a 13 sudden the murder rate started to plunge. And 14 not only the murder rate, but the violent 15 crime rate. Now, by the way, what you haven't 16 heard is it's beginning to rise again. It's 17 beginning to rise. 18 We are the only state in the union 19 that has had a declining violent crime rate, a

20 declining crime rate in general, and a 21 declining inmate population. Well, 22 unfortunately, that's changing. The inmate 23 population is beginning to go up, although 24 it's mostly because we're bringing back so 25 many parole violators. But still, the inmate Candyco Transcription Service, Inc. (518) 371-8910 4051 1 population is starting to rise again. And the 2 murder rate, especially in New York City, is 3 beginning to rise. There's no question. And 4 so is the violent crime rate. 5 I'll tell you, you could say the 6 people -- yeah, the people have been told by 7 many in the media that we don't need the death 8 penalty and after all, there's all these 9 innocent people. We're having trouble finding 10 all these innocent people, but that's neither 11 here nor there. 12 Yes, I know. I'm being told, by 13 the way, that somebody doesn't want me to 14 speak anymore, and I understand it. But I 15 have to say to you, and I'm going to finish 16 very quickly, I'll admit that this is a very 17 emotional issue for me. Primarily because I 18 know there are people who are dead today 19 because we don't have a death penalty. I know 20 they're dead because they would have been 21 executed, and they killed people afterwards. 22 I also know murderers who got away

23 with it. And that's hard for me. A lot of 24 them. They weren't even arrested. And you're 25 right about that, in this state, most Candyco Transcription Service, Inc. (518) 371-8910 4052 1 criminals don't even get arrested. And that's 2 sad. 3 But I have to tell you, I don't 4 agree with all this stuff about civilization. 5 If civilization is allowing murders in the 6 streets, and rapes, then I guess I missed 7 something. I can only say I realize that -8 people say: Oh, you're tough, you're 9 hard-nosed. I am when it comes to killing and 10 when it comes to extinguishing life. 11 So all can I say is I realize 12 you're going to vote against it. I know the 13 politics of it. But I can only say someday 14 you'll regret it, I'll guarantee you. 15 ACTING PRESIDENT ROBACH: Is 16 there any other Senator wishing to be heard? 17 If none, debate is closed. The 18 Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ROBACH: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT ROBACH:

Candyco Transcription Service, Inc. (518) 371-8910 4053 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 836 are 4 Senators Adams, Aubertine, Breslin, Connor, 5 Diaz, Dilan, Duane, Hassell-Thompson, 6 L. Krueger, Montgomery, Oppenheimer, Perkins, 7 Sabini, Savino, Schneiderman, Serrano, Smith, 8 Stavisky, Stewart-Cousins, Thompson and 9 Valesky. 10 Absent from voting: Senators 11 Gonzalez, C. Kruger, Huntley, Parker and 12 Sampson. 13 Ayes, 36. Nays, 21. 14 ACTING PRESIDENT ROBACH: The 15 bill is passed. 16 Senator Morahan. 17 SENATOR MORAHAN: Thank you, 18 Mr. President. 19 With the agreement of the Minority, 20 can we return to the noncontroversial reading 21 of the calendar and take up Calendar Number 22 1921. 23 ACTING PRESIDENT ROBACH: The 24 Secretary will read Calendar Number 1921, 25 noncontroversial. Candyco Transcription Service, Inc. (518) 371-8910 4054 1 THE SECRETARY: Calendar Number

2 1921, by Senator DeFrancisco, Senate Print 3 6660A, an act to amend the Public Officers 4 Law. 5 ACTING PRESIDENT ROBACH: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ROBACH: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT ROBACH: The 14 bill is passed. 15 That completes the calendar, 16 Senator Morahan. 17 SENATOR MORAHAN: Yes, 18 Mr. President. 19 There's going to be an immediate 20 meeting of the Rules Committee in the Majority 21 Conference Room, and we'll stand at ease in 22 the interim. 23 ACTING PRESIDENT ROBACH: 24 Immediate meeting of Rules Committee in the 25 Majority Conference Room. Candyco Transcription Service, Inc. (518) 371-8910 4055 1 The Senate will stand at ease 2 temporarily. 3 (Whereupon, the Senate stood at 4 ease at 4:24 p.m.)

5 (Whereupon, the Senate reconvened 6 at 4:36 p.m.) 7 ACTING PRESIDENT ROBACH: The 8 Senate will come to order. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 if we could return to reports of standing 12 committees for the report of the Rules 13 Committee. 14 ACTING PRESIDENT ROBACH: Reports 15 of standing committees. 16 The Secretary will read. 17 THE SECRETARY: Senator Bruno, 18 from the Committee on Rules, reports the 19 following bills: 20 Senate Print 1585A, by Senator 21 Libous, an act to amend the Racing, 22 Pari-Mutuel Wagering and Breeding Law; 23 2074, by Senator Padavan, an act to 24 amend the Education Law; 25 2970C, by Senator Fuschillo, an act Candyco Transcription Service, Inc. (518) 371-8910 4056 1 to amend the General Business Law; 2 3060, by Senator Golden, an act to 3 amend the Elder Law; 4 3236, by Senator Winner, an act to 5 amend the State Finance Law; 6 3972A, by Senator O. Johnson, an 7 act to amend the State Finance Law and the

8 General Municipal Law; 9 4675A, by Senator Hannon, an act to 10 amend the Insurance Law; 11 5671, by Senator Saland, an act to 12 amend the Education Law; 13 5786, by Senator Hannon, an act to 14 amend the Public Health Law; 15 6242B, by Senator Alesi, an act 16 authorizing; 17 6888, by Senator Breslin, an act to 18 amend Chapter 405 of the Laws of 2005; 19 6995, by Senator Libous, an act to 20 provide; 21 7163, by Senator Golden, an act to 22 amend the Tax Law; 23 7264A, by Senator Nozzolio, an act 24 to amend the Education Law; 25 7585C, by Senator DeFrancisco, an Candyco Transcription Service, Inc. (518) 371-8910 4057 1 act to amend the Elder Law and the Public 2 Health Law; 3 7746, by Senator Klein, an act to 4 amend Chapter 619 of the Laws of 2006; 5 7749A, by Senator Hannon, an act to 6 amend the Public Health Law; 7 7775, by Senator Leibell, an act to 8 amend the Public Health Law; 9 7870, by Senator Libous, an act to 10 amend the Vehicle and Traffic Law;

11 7918, by Senator Bonacic, an act to 12 amend the Executive Law; 13 8035, by Senator Flanagan, an act 14 to amend the Executive Law and the Social 15 Services Law; 16 8062, by Senator Young, an act to 17 amend the Tax Law; 18 8123, by Senator Farley, an act to 19 amend Chapter 148 of the Laws of 2001; 20 8152, by the Senate Committee on 21 Rules, an act to amend the Tax Law; 22 8162, by the Senate Committee on 23 Rules, an act to amend the County Law; 24 8181, by Senator Padavan, an act to 25 amend Chapter 890 of the Laws of 1982; Candyco Transcription Service, Inc. (518) 371-8910 4058 1 8277, by Senator Nozzolio, an act 2 to amend the Education Law; 3 8313A, by Senator Rath, an act to 4 authorize; 5 8345, by Senator Volker, an act in 6 relation to establishing; 7 8365A, by Senator Bruno, an act 8 authorizing the City of Rensselaer; 9 8415, by Senator O. Johnson, an act 10 to amend the Public Service Law; 11 And Senate Print 8519, by Senator 12 Saland, an act to amend the General Municipal 13 Law and the Education Law.

14 All bills ordered direct to third 15 reading. 16 ACTING PRESIDENT ROBACH: Senator 17 Griffo. 18 SENATOR GRIFFO: I would like to 19 make a motion to accept the Committee on Rules 20 report. 21 ACTING PRESIDENT ROBACH: All in 22 favor of accepting the Rules Committee report 23 signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT ROBACH: Those Candyco Transcription Service, Inc. (518) 371-8910 4059 1 opposed, nay. 2 (No response.) 3 ACTING PRESIDENT ROBACH: The 4 report is accepted. 5 Senator Griffo. 6 SENATOR GRIFFO: Mr. President, 7 can we return to motions and resolutions, 8 please. 9 ACTING PRESIDENT ROBACH: Motions 10 and resolutions. 11 Senator Bonacic. 12 SENATOR BONACIC: Thank you, 13 Mr. President. 14 On behalf of Senator Golden, on 15 Supplemental Calendar 61A I now offer the 16 following amendments to Calendar Number 1960,

17 Senate Print Number 3060, and ask that said 18 bill retain its place on the Third Reading 19 Calendar. 20 ACTING PRESIDENT ROBACH: The 21 amendments are received, and the bill will 22 retain its place on Third Reading Calendar. 23 SENATOR BONACIC: Thank you, Mr. 24 President. 25 On behalf of Senator Rath, on Candyco Transcription Service, Inc. (518) 371-8910 4060 1 Supplemental 61A, I offer the following 2 amendments to Calendar Number 1985, Print 3 Number 8313A, and ask that said bill will 4 retain its place on the Third Reading 5 Calendar. 6 ACTING PRESIDENT ROBACH: The 7 amendments are received, and the bill will 8 retain its place on Third Reading Calendar. 9 SENATOR BONACIC: On behalf of my 10 good friend Senator Lanza, Mr. President, on 11 page number 21 I offer the following 12 amendments to Calendar Number 626, Senate 13 Print Number 7024, and ask that said bill 14 retain its place on the Third Reading 15 Calendar. 16 ACTING PRESIDENT ROBACH: The 17 amendments are received, and the bill will 18 retain its place on Third Reading Calendar. 19 SENATOR BONACIC: And last but

20 not least, on behalf of Senator Volker, 21 Mr. President, on page number 37 I offer the 22 following amendments to Calendar Number 1142, 23 Senate Print Number 4029C, and ask that that 24 bill retain its place on the Third Reading 25 Calendar. Candyco Transcription Service, Inc. (518) 371-8910 4061 1 ACTING PRESIDENT ROBACH: The 2 amendments are received, and the bill will 3 retain its place on Third Reading Calendar. 4 SENATOR BONACIC: Thank you very 5 much, Mr. President. 6 ACTING PRESIDENT ROBACH: Thank 7 you, Senator Bonacic. 8 Senator Griffo. 9 SENATOR GRIFFO: Mr. President, 10 may we now take up the noncontroversial 11 reading of Calendar 61A. 12 ACTING PRESIDENT ROBACH: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1958, by Senator Padavan, Senate Print 2074, 16 an act to amend the Education Law. 17 ACTING PRESIDENT ROBACH: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ROBACH: Call 22 the roll.

23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT ROBACH: The Candyco Transcription Service, Inc. (518) 371-8910 4062 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1959, by Senator Fuschillo, Senate Print 4 2970C, an act to amend the General Business 5 Law. 6 ACTING PRESIDENT ROBACH: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first of January. 10 ACTING PRESIDENT ROBACH: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 62. 14 ACTING PRESIDENT ROBACH: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 1961, Senator Winner moves to 18 discharge, from the Committee on Finance, 19 Assembly Bill Number 4683 and substitute it 20 for the identical Senate Bill Number 3236, 21 Third Reading Calendar 1961. 22 ACTING PRESIDENT ROBACH: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. (518) 371-8910 4063 1 1961, by Member of the Assembly Koon, Assembly 2 Print Number 4683, an act to amend the State 3 Finance Law. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1962, Senator O. Johnson moves 16 to discharge, from the Committee on 17 Investigations and Government Operations, 18 Assembly Bill Number 361B and substitute it 19 for the identical Senate Bill Number 3972A, 20 Third Reading Calendar 1962. 21 ACTING PRESIDENT ROBACH: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1962, by Member of the Assembly Destito, Candyco Transcription Service, Inc. (518) 371-8910 4064 1 Assembly Print Number 361B, an act to amend

2 the State Finance Law and the General 3 Municipal Law. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 62. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1963, Senator Hannon moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 10884A and substitute it 18 for the identical Senate Bill Number 4675A, 19 Third Reading Calendar 1963. 20 ACTING PRESIDENT ROBACH: 21 Substitution is ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1963, by Member of the Assembly Morelle, 25 Assembly Print Number 10884A, an act to amend Candyco Transcription Service, Inc. (518) 371-8910 4065 1 the Insurance Law. 2 ACTING PRESIDENT ROBACH: Read 3 the last section. 4 THE SECRETARY: Section 2. This

5 act shall take effect immediately. 6 ACTING PRESIDENT ROBACH: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1964, by Senator Saland, Senate Print 5671, an 14 act to amend the Education Law. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4066 1 1965, by Senator Hannon, Senate Print 5786, an 2 act to amend the Public Health Law. 3 ACTING PRESIDENT ROBACH: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT ROBACH: Call

8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1966, Senator Alesi moves to 15 discharge, from the Committee on Local 16 Government, Assembly Bill Number 9166B and 17 substitute it for the identical Senate Bill 18 Number 6242B, Third Reading Calendar 1966. 19 ACTING PRESIDENT ROBACH: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar 23 Number -24 SENATOR GRIFFO: Lay it aside for 25 the day, please. Candyco Transcription Service, Inc. (518) 371-8910 4067 1 ACTING PRESIDENT ROBACH: Lay it 2 aside for the day. 3 THE SECRETARY: In relation to 4 Calendar Number 1967, Senator Breslin moves to 5 discharge, from the Committee on 6 Investigations and Government Operations, 7 Assembly Bill Number 9899 and substitute it 8 for the identical Senate Bill Number 6888, 9 Third Reading Calendar 1967. 10 ACTING PRESIDENT ROBACH:

11 Substitution ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1967, by Member of the Assembly Canestrari, 15 Assembly Print Number 9899, an act to amend 16 Chapter 405 of the Laws of 2005 amending the 17 Tax Law. 18 ACTING PRESIDENT ROBACH: A 19 home-rule message is at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT ROBACH: Call 24 the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 4068 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT ROBACH: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1968, by Senator Libous, Senate Print 6995, an 6 act to provide that the period of probable 7 usefulness of the construction of an addition. 8 ACTING PRESIDENT ROBACH: A 9 home-rule message is at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ROBACH: Call

14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 62. 17 ACTING PRESIDENT ROBACH: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1969, by Senator Golden -21 SENATOR DUANE: Lay it aside, 22 please. 23 ACTING PRESIDENT ROBACH: The 24 bill is laid aside. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4069 1 1970, by Senator Nozzolio, Senate Print 7264A, 2 an act to amend the Education Law. 3 ACTING PRESIDENT ROBACH: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect April 1, 2009. 7 ACTING PRESIDENT ROBACH: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1973, Senator Klein moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 10519 and substitute it

17 for the identical Senate Bill Number 7746, 18 Third Reading Calendar 1973. 19 ACTING PRESIDENT ROBACH: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1973, by Member of the Assembly Paulin, 24 Assembly Print Number 10519, an act to amend 25 Chapter 619 of the Laws of 2006, amending the Candyco Transcription Service, Inc. (518) 371-8910 4070 1 Vehicle and Traffic Law. 2 ACTING PRESIDENT ROBACH: A 3 home-rule message is at the desk. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 62. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1974, Senator Hannon moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 6811B and substitute it 16 for the identical Senate Bill Number 7749A, 17 Third Reading Calendar 1974. 18 ACTING PRESIDENT ROBACH: 19 Substitution ordered.

20 SENATOR GRIFFO: Lay it aside for 21 the day. 22 ACTING PRESIDENT ROBACH: Lay it 23 aside for the day. 24 THE SECRETARY: In relation to 25 Calendar Number 1975, Senator Leibell moves to Candyco Transcription Service, Inc. (518) 371-8910 4071 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 10970 and substitute it 3 for the identical Senate Bill Number 7775, 4 Third Reading Calendar 1975. 5 ACTING PRESIDENT ROBACH: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1975, by Member of the Assembly Eddington, 10 Assembly Print Number 10970, an act to amend 11 the Public Health Law. 12 ACTING PRESIDENT ROBACH: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 THE SECRETARY: Calendar Number

23 1976, by Senator Libous, Senate Print 7870, an 24 act to amend the Vehicle and Traffic Law. 25 ACTING PRESIDENT ROBACH: Read Candyco Transcription Service, Inc. (518) 371-8910 4072 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT ROBACH: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 62. 8 ACTING PRESIDENT ROBACH: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1977, by Senator Bonacic, Senate Print 7918, 12 an act to amend the Executive Law. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 1978, Senator Flanagan moves 24 to discharge, from the Committee on Codes, 25 Assembly Bill Number 4988 and substitute it

Candyco Transcription Service, Inc. (518) 371-8910 4073 1 for the identical Senate Bill Number 8035, 2 Third Reading Calendar 1978. 3 ACTING PRESIDENT ROBACH: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1978, by Member of the Assembly Eddington, 8 Assembly Print Number 4988, an act to amend 9 the Executive Law and the Social Services Law. 10 ACTING PRESIDENT ROBACH: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect on the 120th day. 14 ACTING PRESIDENT ROBACH: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 62. 18 ACTING PRESIDENT ROBACH: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1979, by Senator Young, Senate Print 8062, an 22 act to amend the Tax Law. 23 ACTING PRESIDENT ROBACH: Read 24 the last section. 25 THE SECRETARY: Section 3. This Candyco Transcription Service, Inc. (518) 371-8910 4074 1 act shall take effect immediately.

2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 62. 6 ACTING PRESIDENT ROBACH: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1980, by Senator Farley, Senate Print 8123, an 10 act to amend Chapter 148 of the Laws of 2001, 11 relating to authorizing the City of 12 Gloversville and the Town of Johnstown. 13 ACTING PRESIDENT ROBACH: A 14 home-rule message is at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT ROBACH: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 62. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1981, Senator Bruno moves to Candyco Transcription Service, Inc. (518) 371-8910 4075 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 11497 and substitute it 3 for the identical Senate Bill Number 8152, 4 Third Reading Calendar 1981.

5 ACTING PRESIDENT ROBACH: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1981, by the Assembly Committee on Rules, 10 Assembly Print Number 11497, an act to amend 11 the Tax Law and the Administrative Code of the 12 City of New York. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT ROBACH: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1982, Senator Bruno moves to 25 discharge, from the Committee on Rules, Candyco Transcription Service, Inc. (518) 371-8910 4076 1 Assembly Bill Number 10954 and substitute it 2 for the identical Senate Bill Number 8162, 3 Third Reading Calendar 1982. 4 ACTING PRESIDENT ROBACH: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number

8 1982, by Member of the Assembly Miller, 9 Assembly Print Number 10954, an act to amend 10 the County Law. 11 ACTING PRESIDENT ROBACH: A 12 home-rule message is at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 62. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 1983, Senator Padavan moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 10741 and substitute it Candyco Transcription Service, Inc. (518) 371-8910 4077 1 for the identical Senate Bill Number 8181, 2 Third Reading Calendar 1983. 3 ACTING PRESIDENT ROBACH: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1983, by Member of the Assembly Silver, 8 Assembly Print Number 10741, an act to amend 9 Chapter 890 of the Laws of 1982, relating to 10 the establishment.

11 ACTING PRESIDENT ROBACH: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT ROBACH: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT ROBACH: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1984, by Senator Nozzolio, Senate Print 8277, 23 an act to amend the Education Law. 24 ACTING PRESIDENT ROBACH: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 4078 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT ROBACH: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT ROBACH: The 8 bill is passed. 9 Senator Nozzolio. 10 SENATOR NOZZOLIO: Thank you, 11 Mr. President. I regret to rise in the latter 12 part of that roll call, but I wish to explain 13 my vote. Thank you very much.

14 Mr. President and my colleagues, we 15 are just enacting a very important piece of 16 legislation that allows those young men and 17 women who have answered the call, who have 18 volunteered their services to serve our nation 19 in the armed forces, allows them, who are 20 engaged during the period between their junior 21 and senior year in extensive basic training 22 for the armed forces, returning to their high 23 school in their senior year, this legislation 24 allows them to participate in fall athletics. 25 And this applies both to young men Candyco Transcription Service, Inc. (518) 371-8910 4079 1 and young women who are engaged in serving 2 their country. And at the same time, this 3 opportunity allows them to enjoy a period in 4 their senior year to participate in football 5 and soccer and other fall sports. 6 The law now forbids that 7 participation unless they have a certain 8 number of practices, even though they're going 9 through a very intense basic training with 10 intense physical exercise. 11 In this day and age, when it's 12 harder and harder to recruit young men and 13 women into our armed forces, this measure will 14 certainly help in that endeavor and allow them 15 to enjoy a very significant part of their 16 education in their senior year in high school.

17 Thank you, Mr. President. I vote 18 aye, and I appreciate very much the support of 19 my colleagues to close this loophole. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 Calendar Number 1986, by Senator Volker, 25 Senate Print 8345, an act in relation to Candyco Transcription Service, Inc. (518) 371-8910 4080 1 establishing. 2 ACTING PRESIDENT ROBACH: A 3 home-rule message is at the desk. 4 Read the last section. 5 THE SECRETARY: Section 10. This 6 act shall take effect immediately. 7 ACTING PRESIDENT ROBACH: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 62. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1988, by Senator O. Johnson, Senate Print 15 8415, an act to amend the Public Service Law. 16 ACTING PRESIDENT ROBACH: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the same date and in

20 the same manner as a chapter of the Laws of 21 2008. 22 ACTING PRESIDENT ROBACH: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 62. Candyco Transcription Service, Inc. (518) 371-8910 4081 1 ACTING PRESIDENT ROBACH: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1989, by Senator Saland, Senate Print 8519, an 5 act to amend the General Municipal Law and the 6 Education Law. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 28. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 62. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 Senator Griffo, that completes the 18 noncontroversial reading of the calendar. 19 SENATOR GRIFFO: Mr. President, 20 if we could go to the controversial reading of 21 the calendar. 22 However, I would ask you that the

23 bill that is on that calendar, Calendar Number 24 1969, by Senator Golden, if we could just lay 25 that aside for the day. Candyco Transcription Service, Inc. (518) 371-8910 4082 1 ACTING PRESIDENT ROBACH: 2 Calendar Number 1969 is laid aside for the 3 day. 4 Senator Griffo. 5 SENATOR GRIFFO: If we can return 6 to motions and resolutions. 7 ACTING PRESIDENT ROBACH: Motions 8 and resolutions. 9 Senator Bonacic. 10 SENATOR BONACIC: Thank you, 11 Mr. President. 12 On behalf of myself, on page number 13 65 I offer the following amendments to 14 Calendar Number 930, Print Number 7363, and 15 ask that said bill retain its place on the 16 Third Reading Calendar. 17 ACTING PRESIDENT ROBACH: The 18 amendments are received, and the bill will 19 retain its place on Third Reading Calendar. 20 SENATOR BONACIC: Thank you, 21 Mr. President. 22 Again, on behalf of myself, on page 23 number 65 I offer the following amendments to 24 Calendar Number 929, Senate Print Number 7359, 25 and ask that that bill retain its place on the

Candyco Transcription Service, Inc. (518) 371-8910 4083 1 Third Reading Calendar. 2 ACTING PRESIDENT ROBACH: The 3 amendments are received, and the bill will 4 retain its place on Third Reading Calendar. 5 And thank you for that 6 self-promotion. 7 SENATOR BONACIC: Thank you, 8 Mr. President. 9 ACTING PRESIDENT ROBACH: Senator 10 Griffo. 11 SENATOR GRIFFO: Mr. President, 12 there will be an immediate meeting of the 13 Rules Committee in the Majority Conference 14 Room, Room 332. 15 And I would ask that you recognize 16 Senator Connor. 17 ACTING PRESIDENT ROBACH: There 18 will be an immediate meeting of the Rules 19 Committee in the Majority Conference Room. 20 The chair recognizes Senator 21 Connor. 22 SENATOR CONNOR: Thank you, 23 Mr. President. If I may make a statement 24 under Rule 9, Section 4(b). 25 Mr. President, I want to call my Candyco Transcription Service, Inc. (518) 371-8910 4084 1 colleagues' attention to an issue that's very,

2 very important to my constituents and many 3 constituents in New York City. 4 Just this year, $8.24 billion was 5 sent by the state, by this Legislature passing 6 the budget, to New York City's school system. 7 That represents $643 million in additional 8 dollars over last year, and last year we gave 9 them another half-billion dollars in 10 additional money. 11 Yet we hear in the City of New York 12 the mayor is cutting budgets in schools, 13 cutting them severely. There's no excuse for 14 this, Mr. President. There's no excuse in 15 view of the money we send. And he's saying 16 it's our fault, the state's fault. 17 What's the impact of this? In my 18 district in Lower Manhattan, the schools are 19 bursting at the seams. After 9/11 I testified 20 before a committee considering the rebuilding 21 of Lower Manhattan. The mayor said the future 22 of Lower Manhattan is residential. I 23 testified if you're going to do that, where 24 are the schools, parks, playgrounds and 25 libraries? Candyco Transcription Service, Inc. (518) 371-8910 4085 1 The school in TriBeCa, for Lower 2 Manhattan, is at 160 percent capacity. It's 3 one of the best elementary schools in 4 Manhattan, it's considered that. Yet condos

5 are going up, under the city's overdevelopment 6 policies. Real estate people are saying come 7 here, we have the best school. They don't 8 tell people there's no room in the school for 9 your child. 10 Just this year the Assemblymember 11 there, Speaker Silver, and I were able to get 12 a new school under construction on the West 13 Side of Lower Manhattan and a new school in 14 Battery Park City, the first all-green school. 15 We'll add 1100 seats. 16 Yet that's not enough. Projections 17 show the population booming down there. 18 Parents are upset, they can't get their 19 children into kindergarten. The mayor 20 announced recently the highest birth rate in 21 America is in TriBeCa. Yet the Department of 22 Education, under the mayor, has failed 23 abysmally to plan for this, to plan for 24 something the administration brought about. 25 In my district in Carroll Gardens, Candyco Transcription Service, Inc. (518) 371-8910 4086 1 in downtown Brooklyn -- rezoned, condos going 2 up everywhere -- people are calling me and 3 saying "I can't get my child into 4 kindergarten. The schools are full." 5 On the Lower East Side, parents 6 come to me and say: "Nobody listens at the 7 Department of Education, under mayoral

8 control. No one is listening. They move our 9 children around, they give our school 10 buildings to charter schools, we have nowhere 11 for our children to go." 12 Mr. President, this has got to 13 stop. Why, why, why, when we send all this? 14 We appropriated two years ago over $11 billion 15 in a school construction program. Why haven't 16 they built the schools? Don't they have 17 demographers? When they called a turning 18 neighborhood residential seven and eight years 19 ago, don't they know they need schools now, 20 now? 21 They can't wait, Mr. President. 22 Next year when we revisit mayoral control, 23 I'll have a lot to say about that. This 24 Department of Education has failed our 25 parents, failed our children, and failed our Candyco Transcription Service, Inc. (518) 371-8910 4087 1 city miserably. 2 ACTING PRESIDENT BONACIC: Thank 3 you, Senator Connor, for your remarks. 4 Senator Griffo. 5 SENATOR GRIFFO: Mr. President, 6 the Senate stands at ease pending the report 7 of the Rules Committee. 8 ACTING PRESIDENT BONACIC: The 9 Senate will stand at ease until the Rules 10 Committee reports.

11 (Whereupon, the Senate stood at 12 ease at 5:02 p.m.) 13 (Whereupon, the Senate reconvened 14 at 5:25 p.m.) 15 ACTING PRESIDENT BONACIC: The 16 Senate will come to order, please. 17 Senator Griffo. 18 SENATOR GRIFFO: Mr. President, 19 can we return to motions and resolutions and 20 recognize Senator Little. 21 ACTING PRESIDENT BONACIC: 22 Motions and resolutions. 23 Senator Little. 24 SENATOR LITTLE: Thank you. 25 Mr. President, on page number 58 I Candyco Transcription Service, Inc. (518) 371-8910 4088 1 offer the following amendments to my bill, 2 Calendar Number 1819, Senate Print Number 3 7915A, and ask that said bill retain its place 4 on the Third Reading Calendar. 5 ACTING PRESIDENT BONACIC: The 6 amendments are received, and the bill will 7 retain its place on the Third Reading 8 Calendar. Thank you, Senator Little. 9 SENATOR LITTLE: Thank you. 10 Mr. President, I wish to call up 11 Calendar Number 1966, on behalf of Senator 12 Alesi, Assembly Print Number 9166B. 13 ACTING PRESIDENT BONACIC: The

14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1966, by Member of the Assembly John, Assembly 17 Print Number 9166B, an act to authorizing the 18 Town of Riga. 19 SENATOR LITTLE: I now move to 20 reconsider the vote by which this Assembly 21 bill was substituted for my bill, Senate Print 22 Number 6242B, on June 18th. 23 ACTING PRESIDENT BONACIC: Call 24 the roll on reconsideration. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 4089 1 THE SECRETARY: Ayes, 62. 2 SENATOR LITTLE: I now move that 3 Assembly Bill Number 9166B be committed to the 4 Committee on Rules and my Senate bill be 5 restored to the order of the Third Reading 6 Calendar. 7 ACTING PRESIDENT BONACIC: So 8 ordered. 9 SENATOR LITTLE: Thank you, 10 Mr. President. 11 ACTING PRESIDENT BONACIC: Thank 12 you, Senator Little. 13 Senator Griffo. 14 SENATOR GRIFFO: Mr. President, I 15 would ask that we return to Supplemental 16 Calendar 61A and take up Calendar Number 1966,

17 noncontroversial, by Senator Alesi. 18 ACTING PRESIDENT BONACIC: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1966, by Senator Alesi, Senate Print 6242B, an 22 act authorizing the Town of Riga. 23 ACTING PRESIDENT BONACIC: There 24 is a home-rule message at the desk. 25 Read the last section. Candyco Transcription Service, Inc. (518) 371-8910 4090 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BONACIC: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT BONACIC: The 8 bill is passed. 9 Senator Griffo. 10 SENATOR GRIFFO: Please recognize 11 Senator Nozzolio, on motions and resolutions. 12 ACTING PRESIDENT BONACIC: 13 Motions and resolutions. 14 Senator Nozzolio. 15 SENATOR NOZZOLIO: Thank you, 16 Mr. President. 17 On behalf of Senator Morahan, on 18 page number 52 I offer the following 19 amendments to Calendar Number 1433, Senate

20 Print Number 8051A, and ask that said bill 21 retain its place on Third Reading Calendar. 22 ACTING PRESIDENT BONACIC: The 23 amendments are received, and the bill will 24 retain its place on the Third Reading 25 Calendar. Thank you, Senator Nozzolio. Candyco Transcription Service, Inc. (518) 371-8910 4091 1 Senator Griffo. 2 SENATOR GRIFFO: Mr. President, 3 may we now return to reports of standing 4 committees. And I believe there's a report of 5 the Rules Committee at the desk. 6 ACTING PRESIDENT BONACIC: 7 Reports of standing committees. 8 The Secretary will read, please. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, reports the 11 following bills: 12 Senate Print 1645, by Senator 13 Sabini, an act to amend the General Business 14 Law; 15 4165A, by Senator Little, an act to 16 amend the Navigation Law; 17 6232, by Senator Stachowski, an act 18 to amend Chapter 276 of the Laws of 1993; 19 6543A, by Senator Flanagan, an act 20 to amend the Election Law; 21 7364, by Senator Bonacic, an act to 22 amend Chapter 915 of the Laws of 1982;

23 7675, by Senator Libous, an act to 24 amend the Town Law. 25 7752, by Senator Hannon, an act to Candyco Transcription Service, Inc. (518) 371-8910 4092 1 amend the Surrogate's Court Procedure Act; 2 8291, by Senator Winner, an act to 3 amend the Tax Law; 4 8328A, by Senator Winner, an act to 5 amend the Real Property Tax Law; 6 8380, by Senator Winner, an act to 7 amend the Vehicle and Traffic Law; 8 8427A, by Senator Padavan, an act 9 to amend the Real Property Tax Law; 10 8460, by Senator Padavan, an act to 11 amend the New York State Financial Emergency 12 Act for the City of New York; 13 8477A, by Senator Skelos, an act to 14 amend the Education Law; 15 8497, by Senator Saland, an act to 16 amend the Education Law; 17 8498, by Senator Saland, an act to 18 amend the Education Law; 19 8503, by Senator Larkin, an act to 20 authorize; 21 8510, by Senator Libous, an act to 22 amend the Highway Law; 23 8515, by Senator Nozzolio, an act 24 to adjust certain state aid payments; 25 8516, by the Senate Committee on

Candyco Transcription Service, Inc. (518) 371-8910 4093 1 Rules, an act to amend the Insurance Law; 2 8521, by the Senate Committee on 3 Rules, an act to amend the Executive Law; 4 8535, by Senator Golden, an act to 5 amend the Executive Law; 6 8537, by Senator Volker, an act in 7 relation to transportation contracts; 8 8538, by Senator Robach, an act 9 validating; 10 8539, by Senator Libous, an act to 11 amend the Civil Service Law; 12 8543, by Senator Flanagan, an act 13 to amend Chapter 672 of the Laws of 1993; 14 8544, by Senator Winner, an act to 15 amend the Navigation Law; 16 8545, by Senator Morahan, an act to 17 amend the Mental Hygiene Law; 18 8550, by the Senate Committee on 19 Rules, an act to amend the Civil Practice Law 20 and Rules. 21 And Senate Print 8555, by Senator 22 Little, an act to amend Part X of Chapter 62 23 of the Laws of 2003. 24 All bills ordered direct to third 25 reading. Candyco Transcription Service, Inc. (518) 371-8910 4094 1 ACTING PRESIDENT BONACIC:

2 Senator Griffo. 3 SENATOR GRIFFO: Mr. President, I 4 move that we accept the report of the Rules 5 Committee as presented. 6 ACTING PRESIDENT BONACIC: All in 7 favor of accepting the report of the Rules 8 Committee signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT BONACIC: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT BONACIC: The 14 report is accepted. 15 Senator Griffo. 16 SENATOR GRIFFO: Mr. President, 17 is there any other business before the desk? 18 ACTING PRESIDENT BONACIC: There 19 is none. 20 SENATOR GRIFFO: There being 21 none, then I move that the Senate stand 22 adjourned until Thursday, June 19th, at 23 11:00 a.m. 24 ACTING PRESIDENT BONACIC: On 25 motion, the Senate stands adjourned until Candyco Transcription Service, Inc. (518) 371-8910 4095 1 Thursday, June 19th, at 11:00 a.m. 2 (Whereupon, at 5:31 p.m., the 3 Senate adjourned.) 4

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