June 23, 2008

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Date: 06/23/2008 Session: Regular

4335 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 23, 2008 11 11:25 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 4336 1 P R O C E E D I N G S 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all present to please rise 5 and join with me as we recite the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy, I ask that we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: The 15 reading of the Journal. 16 THE SECRETARY: In Senate, 17 Sunday, June 22, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 June 21, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT GRIFFO: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. (518) 371-8910 4337 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Maziarz. 8 SENATOR MAZIARZ: Mr. President, 9 there will be an immediate meeting of the 10 Corporations Committee in the Majority 11 Conference Room, Room 332. 12 ACTING PRESIDENT GRIFFO: There 13 will be an immediate meeting of the 14 Corporations Committee in the Majority 15 Conference Room, Room 332. 16 On motions and resolutions, Senator 17 Fuschillo. 18 SENATOR FUSCHILLO: Thank you 19 very much, Mr. President. 20 On behalf of Senator Maltese, I 21 move that the following bill be discharged 22 from its respective committee and be 23 recommitted with instructions to strike the 24 enacting clause: Senate Print Number 5877. 25 ACTING PRESIDENT GRIFFO: So Candyco Transcription Service, Inc. (518) 371-8910 4338 1 ordered.

2 SENATOR FUSCHILLO: On behalf of 3 Senator Nozzolio, I wish to amend Senate Print 4 Number 7762A by striking out the amendments 5 made on June 16th and restoring it to its 6 original print number, 7762. 7 ACTING PRESIDENT GRIFFO: So 8 ordered. 9 SENATOR FUSCHILLO: On behalf of 10 Senator Maziarz, I wish to call up Senate 11 Print Number 2308, recalled from the Assembly, 12 which is now at the desk. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 500, by Senator Maziarz, Senate Print 2308, an 17 act to amend the Environmental Conservation 18 Law. 19 SENATOR FUSCHILLO: I move to 20 reconsider the vote by which the bill was 21 passed. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll on reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 38. Candyco Transcription Service, Inc. (518) 371-8910 4339 1 SENATOR FUSCHILLO: I now offer 2 the following amendments. 3 ACTING PRESIDENT GRIFFO: The 4 amendments are accepted.

5 SENATOR FUSCHILLO: Amendments 6 are offered to the following Third Reading 7 Calendar bills: 8 Sponsored by Senator Lanza, page 9 number 20, Calendar Number 626, Senate Print 10 Number 7024A; 11 By Senator Maziarz, page number 48, 12 Calendar Number 1444, Senate Print Number 13 7924; 14 By Senator Owen Johnson, page 15 number 55, Calendar Number 2037, Senate Print 16 Number 8572. 17 I now move that these bills retain 18 their place on the order of third reading. 19 ACTING PRESIDENT GRIFFO: The 20 amendments are received and adopted, and the 21 bills will retain their place on the Third 22 Reading Calendar. 23 SENATOR FUSCHILLO: Thank you. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Fuschillo. Candyco Transcription Service, Inc. (518) 371-8910 4340 1 Senator Maziarz. 2 SENATOR MAZIARZ: Mr. President, 3 would you recognize Senator Duane, please. 4 ACTING PRESIDENT GRIFFO: Senator 5 Duane. 6 SENATOR DUANE: Thank you, 7 Mr. President.

8 On behalf of Senator C. Kruger, on 9 page number 28 I offer the following 10 amendments to Calendar Number 918, Senate 11 Print Number 7342A, and ask that said bill 12 retain its place on the Third Reading 13 Calendar. 14 ACTING PRESIDENT GRIFFO: The 15 amendments are received and adopted, and the 16 bill will retain its place on the Third 17 Reading Calendar. 18 SENATOR DUANE: Thank you, 19 Mr. President. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Duane. 22 Senator Maziarz. 23 SENATOR MAZIARZ: Mr. President, 24 by way of process, when the Corporations 25 Committee meeting is done, we're going to call Candyco Transcription Service, Inc. (518) 371-8910 4341 1 an immediate meeting of the Rules Committee. 2 And in the meantime, we will stand 3 at ease temporarily. 4 ACTING PRESIDENT GRIFFO: Can we 5 do some substitutions, Senator Maziarz, at 6 this time. 7 Following the Corporations 8 Committee meeting, there will be an immediate 9 meeting of the Rules Committee in the Majority 10 Conference Room.

11 SENATOR MAZIARZ: Please do the 12 substitutions at this time, Mr. President. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: On page 9, 16 Senator Volker moves to discharge, from the 17 Committee on Rules, Assembly Bill Number 5258C 18 and substitute it for the identical Senate 19 Bill Number 3175C, Third Reading Calendar 237. 20 On page 13, Senator Fuschillo moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 70A and substitute it for 23 the identical Senate Bill Number 5045B, Third 24 Reading Calendar 368. 25 On page 20, Senator Seward moves to Candyco Transcription Service, Inc. (518) 371-8910 4342 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 8343A and substitute it 3 for the identical Senate Bill Number 2071A, 4 Third Reading Calendar 613. 5 On page 28, Senator Winner moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 9073B and substitute it 8 for the identical Senate Bill Number 6151B, 9 Third Reading Calendar 896. 10 On page 30, Senator Griffo moves to 11 discharge, from the Committee on Health, 12 Assembly Bill Number 10121 and substitute it 13 for the identical Senate Bill Number 7110,

14 Third Reading Calendar 948. 15 On page 32, Senator Morahan moves 16 to discharge, from the Committee on Rules, 17 Assembly Bill Number 11491A and substitute it 18 for the identical Senate Bill Number 8058B, 19 Third Reading Calendar 1010. 20 On page 34, Senator Saland moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 9628B and substitute it 23 for the identical Senate Bill Number 7293A, 24 Third Reading Calendar 1120. 25 ACTING PRESIDENT GRIFFO: Excuse Candyco Transcription Service, Inc. (518) 371-8910 4343 1 me. Can we have order, please, as the 2 Secretary is reading an official part of the 3 calendar. I'd ask all conversations to be 4 taken outside the chamber. The Senate is 5 still in session. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: On page 35, 9 Senator Sabini moves to discharge, from the 10 Committee on Consumer Protection, Assembly 11 Bill Number 3520 and substitute it for the 12 identical Senate Bill Number 5874A, Third 13 Reading Calendar 1144. 14 On page 38, Senator Young moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 11174A and substitute it

17 for the identical Senate Bill Number 8006A, 18 Third Reading Calendar 1209. 19 On page 53, Senator Golden moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 5566A and substitute it 22 for the identical Senate Bill Number 3060A, 23 Third Reading Calendar 1960. 24 On page 54, Senator Bonacic moves 25 to discharge, from the Committee on Rules, Candyco Transcription Service, Inc. (518) 371-8910 4344 1 Assembly Bill Number 11005 and substitute it 2 for the identical Senate Bill Number 7364, 3 Third Reading Calendar 1993. 4 And on page 54, Senator Libous 5 moves to discharge, from the Committee on 6 Rules, Assembly Bill Number 11418 and 7 substitute it for the identical Senate Bill 8 Number 8539, Third Reading Calendar 2012. 9 ACTING PRESIDENT GRIFFO: 10 Substitutions are so ordered. 11 The Senate will stand at ease. 12 (Whereupon, the Senate stood at 13 ease at 11:33 a.m.) 14 ACTING PRESIDENT GRIFFO: The 15 Senate will come to order. 16 Senator Maziarz. 17 SENATOR MAZIARZ: Thank you, 18 Mr. President. There will be an immediate 19 meeting of the Rules Committee in the Majority

20 Conference Room, Room 332. 21 ACTING PRESIDENT GRIFFO: 22 Immediate meeting of the Rules Committee in 23 the Majority Conference Room, Room 332. 24 SENATOR MAZIARZ: The Senate will 25 stand at ease in the meantime. Candyco Transcription Service, Inc. (518) 371-8910 4345 1 ACTING PRESIDENT GRIFFO: The 2 Senate stands at ease. 3 The Senate will come to order. 4 Senator Maziarz. 5 SENATOR MAZIARZ: Thank you very 6 much, Mr. President. 7 There will be an immediate meeting 8 of the Senate Labor Committee in Room 332. 9 ACTING PRESIDENT GRIFFO: There 10 will be an immediate meeting of the Senate 11 Labor Committee in Room 332. 12 SENATOR MAZIARZ: The Senate will 13 stand at ease. 14 ACTING PRESIDENT GRIFFO: The 15 Senate will continue to stand at ease. 16 (Whereupon, the Senate reconvened 17 at 12:17 p.m.) 18 ACTING PRESIDENT GRIFFO: The 19 Senate will come to order. 20 Senator Little. 21 SENATOR LITTLE: Thank you, 22 Mr. President. Could we return to reports of

23 standing committees, please. 24 ACTING PRESIDENT GRIFFO: Under 25 reports of standing committees. Candyco Transcription Service, Inc. (518) 371-8910 4346 1 SENATOR LITTLE: Is there a 2 report of the Rules Committee? 3 ACTING PRESIDENT GRIFFO: There 4 is a report of the Rules Committee at the 5 desk. 6 The Secretary will read. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, reports the 9 following bills: 10 Senate Print 2498A, by Senator 11 Sampson, an act to direct; 12 4255D, by Senator Breslin, an act 13 to amend the Public Lands Law; 14 4994B, by Senator Maziarz, an act 15 to amend the Labor Law; 16 7513, by Senator Golden, an act to 17 amend Chapter 567 of the Laws of 1993; 18 7692A, by Senator O. Johnson, an 19 act to amend the Environmental Conservation 20 Law; 21 8134B, by Senator Maziarz, an act 22 to amend the Public Authorities Law; 23 8143A, by Senator Farley, an act to 24 amend the Real Property Actions and 25 Proceedings Law;

Candyco Transcription Service, Inc. (518) 371-8910 4347 1 8197C, by Senator Golden, an act to 2 amend Chapter 507 of the Laws of 1974; 3 8297A, by Senator Fuschillo, an act 4 to amend the General Business Law; 5 8303A, by Senator DeFrancisco, an 6 act to amend Chapter 340 of the Laws of 2001; 7 8362B, by Senator Connor, an act to 8 amend the Alcoholic Beverage Control Law; 9 8376A, by Senator Fuschillo, an act 10 to amend the Executive Law; 11 8432, by Senator Oppenheimer, an 12 act to amend Chapter 137 of the Laws of 1877; 13 Senate Print 8526B, by the Senate 14 Committee on Rules, an act to amend the New 15 York State Urban Development Corporation Act; 16 8527B, by the Senate Committee on 17 Rules, an act to amend the Executive Law; 18 8534A, by Senator Morahan, an act 19 to amend the Social Services Law; 20 8552, by Senator Morahan, an act to 21 amend Chapter 577 of the Laws of 2006; 22 8564, by Senator Libous, an act to 23 amend the Public Authorities Law; 24 8610, by Senator DeFrancisco, an 25 act to amend the Civil Practice Law and Rules; Candyco Transcription Service, Inc. (518) 371-8910 4348 1 8613, by the Senate Committee on

2 Rules, an act to amend Chapter 57 of the Laws 3 of 2008; 4 8627, by Senator O. Johnson, an act 5 to amend Chapter 404 of the Laws of 2006; 6 8633, by the Senate Committee on 7 Rules, an act to amend the Tax Law; 8 8637, by Senator Morahan, an act to 9 amend the Labor Law; 10 8655, by Senator Morahan, an act to 11 amend the Mental Hygiene Law; 12 8674, by the Senate Committee on 13 Rules, an act to amend the Public Health Law; 14 8676, by Senator Golden, an act to 15 amend the Retirement and Social Security Law; 16 8679, by the Senate Committee on 17 Rules, an act to create; 18 8680, by the Senate Committee on 19 Rules, an act to amend the Urban Development 20 Corporation Act; 21 8681, by Senator Golden, an act to 22 amend the Tax Law; 23 8683, by the Senate Committee on 24 Rules, an act to amend the General Municipal 25 Law; Candyco Transcription Service, Inc. (518) 371-8910 4349 1 8684, by the Senate Committee on 2 Rules, an act to amend the State Finance Law; 3 8698, by the Senate Committee on 4 Rules, an act to amend the Racing, Pari-Mutuel

5 Wagering and Breeding Law; 6 8699, by Senator Skelos, an act to 7 amend the Education Law; 8 8700, by Senator Bonacic, an act to 9 amend the Tax Law; 10 8702, by Senator Hannon, an act to 11 amend the Social Services Law; 12 8703, by Senator Bonacic, an act to 13 amend Chapter 172 of the Laws of 2002; 14 8704, by Senator Bonacic, an act to 15 amend the Private Housing Finance Law; 16 And Senate Print 8705, by Senator 17 Padavan, an act to amend the Real Property Tax 18 Law. 19 All bills ordered direct to third 20 reading. 21 ACTING PRESIDENT GRIFFO: Senator 22 Little. 23 SENATOR LITTLE: Thank you, 24 Mr. President. We move to accept the Rules 25 Committee report. Candyco Transcription Service, Inc. (518) 371-8910 4350 1 ACTING PRESIDENT GRIFFO: All in 2 favor of accepting the Rules Committee report 3 signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT GRIFFO: 6 Opposed, nay. 7 (No response.)

8 ACTING PRESIDENT GRIFFO: The 9 Rules Committee report is accepted. 10 SENATOR LITTLE: May we now 11 return to motions and resolutions. And I 12 believe we have some. 13 ACTING PRESIDENT GRIFFO: Motions 14 and resolutions. 15 Senator Farley. 16 SENATOR FARLEY: Thank you, 17 Mr. President. 18 On behalf of Senator Maltese, I 19 wish call up his bill, Print Number 8281, it's 20 recalled from the Assembly, and it's now at 21 the desk. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 1827, by Senator Maltese, Senate Print 8281, Candyco Transcription Service, Inc. (518) 371-8910 4351 1 an act to amend the Arts and Cultural Affairs 2 Law. 3 SENATOR FARLEY: I now move to 4 reconsider the vote by which this bill was 5 passed. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 56. 10 SENATOR FARLEY: I now offer the

11 following amendments. 12 ACTING PRESIDENT GRIFFO: The 13 amendments are received and adopted. 14 SENATOR FARLEY: On behalf of 15 Senator Trunzo, Mr. President, I wish to call 16 up his bill, Print Number 4174, it's recalled 17 from the Assembly, and it's now at the desk. 18 ACTING PRESIDENT GRIFFO: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1684, by Senator Trunzo, Senate Print 4174, an 22 act to amend the General Municipal Law and 23 others. 24 SENATOR FARLEY: Mr. President, I 25 now move to reconsider the vote by which this Candyco Transcription Service, Inc. (518) 371-8910 4352 1 bill passed. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll on reconsideration. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 SENATOR FARLEY: I now offer the 7 following amendments. 8 ACTING PRESIDENT GRIFFO: The 9 amendments are accepted. 10 SENATOR FARLEY: On behalf of 11 Senator Bonacic, Mr. President, please remove 12 the sponsor's star from Calendar Number 1828. 13 ACTING PRESIDENT GRIFFO: The

14 star is removed. 15 SENATOR FARLEY: Mr. President, 16 on behalf of Senator Bonacic, I wish to call 17 up Calendar Number 1828, Assembly Print Number 18 11440. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1828, by the Assembly Committee on Rules 23 Assembly Print Number 11440, an act to amend 24 Chapter 172 of the Laws of 2002. 25 SENATOR FARLEY: Mr. President, I Candyco Transcription Service, Inc. (518) 371-8910 4353 1 now move to reconsider the vote by which this 2 Assembly Bill was substituted for Senator 3 Bonacic's bill, Senate Print 8331, on 4 June 16th. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll on reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. 9 SENATOR FARLEY: I mow move, 10 Mr. President, that Assembly Bill 11440 be 11 recommitted to the Committee on Rules and that 12 Senator Bonacic's Senate bill be recommitted 13 to the Committee on Rules. 14 ACTING PRESIDENT GRIFFO: So 15 ordered. 16 SENATOR FARLEY: On behalf of

17 Senator Bruno, Mr. President, on Supplemental 18 Calendar 63A I now offer the following 19 amendments to Calendar Number 2097, Senate 20 Print 8679, and I ask that that bill retain 21 its place on the Third Reading Calendar. 22 ACTING PRESIDENT GRIFFO: The 23 amendments are received and adopted, and the 24 bill will retain its place on the Third 25 Reading Calendar. Candyco Transcription Service, Inc. (518) 371-8910 4354 1 Senator Little. 2 SENATOR LITTLE: Thank you, 3 Mr. President. 4 I believe there is a resolution at 5 the desk, and I would ask that it be read 6 title only. It is Number 6798, by Senator 7 Bruno. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 SENATOR LITTLE: Thank you. 11 THE SECRETARY: By Senator Bruno, 12 Senate Resolution Number 6798, establishing a 13 plan setting forth an itemized list of 14 grantees for the New York State Economic 15 Development Assistance Program established 16 pursuant to an appropriation in the 2008-2009 17 state fiscal year and in Part QQ of Chapter 57 18 of the Laws of 2008. 19 ACTING PRESIDENT GRIFFO: The

20 Secretary will call the roll on the 21 resolution. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT GRIFFO: Senator 24 Krueger. 25 SENATOR LIZ KRUEGER: Thank you. Candyco Transcription Service, Inc. (518) 371-8910 4355 1 On the resolution. 2 I just want to make sure that we 3 put on the record that this is about 4 $86 million in capital member items. Under 5 the budget reform law we passed two years ago, 6 these capital expenditures -- in fact all 7 memorandum of understanding arrangements -8 have to go through a resolution and be passed 9 by the Senate. 10 Ironically, in this year's budget, 11 we changed the rules so it doesn't have to go 12 through both houses. The Senate does its own, 13 and the Assembly does its own. I think that 14 wasn't a very good idea in the budget. I 15 think everybody should have a chance to take a 16 look at what the capital monies are and what 17 they're being spent on. 18 It's an improvement over the past, 19 when nobody knew what the dollars were going 20 to be spent on until after they were spent. 21 In fact, the Comptroller's office used to say 22 you wouldn't be able to figure this out until

23 years after the money was spent. It's 24 somewhat of an improvement in that we're 25 getting it on our desks right as we decide to Candyco Transcription Service, Inc. (518) 371-8910 4356 1 vote on it. 2 I don't think it's a great model of 3 spending government money. This is a second 4 portion of $350 million that the Senate 5 Majority only seems to have any decision6 making over. And we did $215 million, now 7 we're doing about another $85 million, and I 8 understand that leaves us about $49 million to 9 be spent at some point in time. 10 I won't vote against it. But I 11 still think we have a long way to go in how we 12 spend state money. And I just wanted to make 13 sure everyone knew this is what they were 14 voting on. 15 Thank you, Mr. President. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Krueger. 18 Senator Krueger to be recorded in 19 the affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 56. Nays, 22 0. 23 ACTING PRESIDENT GRIFFO: The 24 resolution is adopted. 25 Senator Little.

Candyco Transcription Service, Inc. (518) 371-8910 4357 1 SENATOR LITTLE: Thank you, 2 Mr. President. 3 We have a resolution at the desk by 4 Senator Leibell, which we would ask to be read 5 title only. It is Resolution Number 6799. 6 ACTING PRESIDENT GRIFFO: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Leibell, Legislative Resolution Number 6799, 10 memorializing Governor David A. Paterson to 11 proclaim September 2008 as Childhood Cancer 12 Awareness Month in the State of New York. 13 ACTING PRESIDENT GRIFFO: All in 14 favor of adopting the resolution signify by 15 saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT GRIFFO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT GRIFFO: The 21 resolution is adopted. 22 Senator Little. 23 SENATOR LITTLE: Thank you. 24 Mr. President, we also have a 25 resolution by Senator DeFrancisco, which is Candyco Transcription Service, Inc. (518) 371-8910 4358 1 Resolution Number 6800. I would ask that that

2 be read title only. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: By Senator 6 DeFrancisco, Legislative Resolution Number 7 6800, congratulating the West Genesee Wildcats 8 Girls Lacrosse Team and Head Coach Bob Elmer 9 upon the occasion of capturing the 2008 10 New York State Class A Championship. 11 ACTING PRESIDENT GRIFFO: May I 12 ask again that we have order. There is much 13 business to be conducted today, and it is very 14 difficult for the transcripts to be accurate 15 if we can't have order. 16 On the resolution, all those in 17 favor signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT GRIFFO: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT GRIFFO: The 23 resolution is adopted. 24 Senator Little. 25 SENATOR LITTLE: Thank you, Candyco Transcription Service, Inc. (518) 371-8910 4359 1 Mr. President. 2 We also have another resolution by 3 Senator DeFrancisco, which is Number 6801. 4 And we ask that that also be read title only.

5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: By Senator 8 DeFrancisco, Legislative Resolution Number 9 6801, congratulating the West Genesee Wildcats 10 Boys Lacrosse Team and Head Coach Mike Messere 11 upon the occasion of capturing the 2008 12 New York State Class A Lacrosse Championship. 13 ACTING PRESIDENT GRIFFO: Senator 14 DeFrancisco. 15 SENATOR DeFRANCISCO: Yes, I just 16 want to rise. There's these two resolutions, 17 a very unique situation, in that both the boys 18 and the girls Class A lacrosse teams from one 19 school, West Genesee, won the state 20 championship. 21 It's just an incredible feat for 22 this school, and it's also incredible when you 23 think about the fact that the boys team, when 24 they won this year, this was their 15th 25 Class A boys lacrosse title, state title, Candyco Transcription Service, Inc. (518) 371-8910 4360 1 which is something that will never be 2 duplicated, and it will only be increased by 3 West Genesee. 4 So I just want to congratulate both 5 the boys and girls teams and their respective 6 coaching staffs for excellence in this sport. 7 ACTING PRESIDENT GRIFFO: Thank

8 you, Senator DeFrancisco. 9 The question is on the resolution. 10 All in favor signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT GRIFFO: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT GRIFFO: The 16 resolution is adopted. 17 Senator Little. 18 SENATOR LITTLE: Thank you, 19 Mr. President. 20 May we now take up the 21 noncontroversial reading of the calendar, 22 which would be Senate Supplemental Calendar 23 Number 63A. 24 ACTING PRESIDENT GRIFFO: The 25 Secretary will read. Candyco Transcription Service, Inc. (518) 371-8910 4361 1 THE SECRETARY: Calendar Number 2 2071, by Senator Sampson, Senate Print 2498A, 3 an act to direct the conducting of an 4 evaluation for the need of educating barbers. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll.

11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2072, by Senator Breslin, Senate Print 4255D, 17 an act to amend the Public Lands Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 56. Candyco Transcription Service, Inc. (518) 371-8910 4362 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2073, by Senator Maziarz, Senate Print 4994B, 5 an act to amend the Labor Law and the State 6 Finance Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect on the first of April. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.)

14 THE SECRETARY: Ayes, 56. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 2074, by Senator Golden, Senate Print 7513, an 19 act to amend Chapter 567 of the Laws of 1993, 20 amending the Private Housing Finance Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call Candyco Transcription Service, Inc. (518) 371-8910 4363 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 2075, Senator O. Johnson moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 11080 and substitute it 10 for the identical Senate Bill Number 7692A, 11 Third Reading Calendar 2075. 12 ACTING PRESIDENT GRIFFO: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 2075, by Member of the Assembly Sweeney,

17 Assembly Print Number 11080, an act to amend 18 the Environmental Conservation Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect July 1, 2008. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 4364 1 ACTING PRESIDENT GRIFFO: Senator 2 LaValle, to explain his vote. 3 SENATOR LaVALLE: Thank you, 4 Mr. President. 5 I just want to say, as I do very 6 often at the end of the session, where we have 7 legislation that regulates marine life, 8 whether it be lobsters or other kinds of fish, 9 the industry, when you add the petroleum issue 10 and everything else, is really going to be 11 dying. 12 And rightfully or wrongfully, the 13 only thing that will be left is the marine 14 life, with no one there to secure it for the 15 consumption of anyone. 16 So I vote in the negative, 17 Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 LaValle to be recorded in the negative.

20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 2075 are 23 Senators Duane and LaValle. 24 Ayes, 55. Nays, 2. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 4365 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2076, by Senator Maziarz, Senate Print 8134B, 4 an act to amend the Public Authorities Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 Schneiderman. 14 SENATOR SCHNEIDERMAN: To explain 15 my vote, Mr. President. 16 I feel it's important to call 17 attention to unusual circumstances. This is 18 an excellent Senator Maziarz bill. I vote in 19 the affirmative. 20 ACTING PRESIDENT GRIFFO: Senator 21 Schneiderman to be recorded in the 22 affirmative.

23 Announce the results. 24 THE SECRETARY: Ayes, 57. Nays, 25 0. Candyco Transcription Service, Inc. (518) 371-8910 4366 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2077, by Senator Farley, Senate Print 8143A, 5 an act to amend the Real Property Actions and 6 Proceedings Law and others. 7 ACTING PRESIDENT GRIFFO: Senator 8 Little. 9 SENATOR LITTLE: Thank you, 10 Mr. President. 11 Is there a message of necessity at 12 the desk? 13 ACTING PRESIDENT GRIFFO: There 14 is a message of necessity at the desk. 15 SENATOR LITTLE: Thank you. I 16 move to accept the message of necessity. 17 ACTING PRESIDENT GRIFFO: All in 18 favor of accepting the message of necessity 19 indicate by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT GRIFFO: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT GRIFFO: The 25 message is accepted.

Candyco Transcription Service, Inc. (518) 371-8910 4367 1 The Secretary will read the last 2 section. 3 THE SECRETARY: Section 28. This 4 act shall take effect immediately. 5 SENATOR DUANE: Lay it aside, 6 please. 7 ACTING PRESIDENT GRIFFO: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 2078, by Senator Golden, Senate Print 8197C, 11 an act to amend Chapter 507 of the Laws of 12 1974, relating to apportionment. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 2079, by Senator Fuschillo, Senate Print 25 8297A, an act to amend the General Business Candyco Transcription Service, Inc. (518) 371-8910 4368 1 Law.

2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT GRIFFO: Senator 10 Fuschillo. 11 SENATOR FUSCHILLO: Mr. 12 President, just to explain my vote. 13 Last year we had heard throughout 14 New York State and throughout this nation 15 about so many products and dangerous toys that 16 were still on the market and still on the 17 shelves. Well, what this legislation does is 18 it creates the Children's Product Safety and 19 Recall Effectiveness Act. 20 What it does is it sets standards 21 in New York State -- because there are no 22 standards right now -- to ensure that toys 23 that are dangerous or have been recalled by 24 the distributors, by the retailers, by the 25 Consumer Protection Board, the United States Candyco Transcription Service, Inc. (518) 371-8910 4369 1 Consumer Protection Board, that they're taken 2 off the shelves within 24 hours, ensuring that 3 parents do not buy these products. And that, 4 if possible, the consumers will be contacted

5 and notified of the recall as well. 6 Thank you very much, Mr. President. 7 I'll be voting in the affirmative. 8 ACTING PRESIDENT GRIFFO: Senator 9 Fuschillo to be recorded in the affirmative. 10 Announce the results. 11 THE SECRETARY: Ayes, 58. Nays, 12 0. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 2080, Senator DeFrancisco moves to discharge, 17 from the Committee on Rules, Assembly Bill 18 Number 11459 and substitute it for the 19 identical Senate Bill Number 8303A, Third 20 Reading Calendar 2080. 21 ACTING PRESIDENT GRIFFO: 22 Substitution so ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2080, by the Assembly Committee on Rules, Candyco Transcription Service, Inc. (518) 371-8910 4370 1 Assembly 11459, an act to amend Chapter 340 of 2 the Laws of 2001, amending the Judiciary Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call

8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2081, by Senator Connor, Senate Print 8362B, 15 an act to amend the Alcoholic Beverage Control 16 Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect December 31, 2008. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT GRIFFO: Senator 25 Little. Candyco Transcription Service, Inc. (518) 371-8910 4371 1 SENATOR LITTLE: Thank you. I 2 would just like to explain my vote on this 3 piece of legislation, which actually makes the 4 distance greater between a church, school, 5 whatever, and an establishment that has a 6 liquor license. 7 In New York City, this may be a 8 problem, and I wouldn't object if this were 9 only for New York City. But in many of our 10 small communities where we're doing

11 revitalization of downtown areas, where we 12 have closed churches but we still have others 13 in existence and we're trying to establish a 14 downtown traffic, with restaurants and all, 15 this becomes very difficult, and making this 16 distance even farther is problematic. 17 Therefore, I vote in the negative. 18 Thank you. 19 ACTING PRESIDENT GRIFFO: Senator 20 Little to be recorded in the negative. 21 Senator Connor, to explain his 22 vote. 23 SENATOR CONNOR: Thank you, 24 Mr. President. 25 This legislation arises out of a Candyco Transcription Service, Inc. (518) 371-8910 4372 1 problem which we have certainly in the 2 metropolitan area in New York City, and that 3 is the oversaturation of licensed premises. 4 In my district in the Lower East 5 Side, in Carroll Gardens, in Brooklyn, in 6 Soho, there are literally hundreds and 7 hundreds of licensees, and what this bill 8 addresses is something that we've observed 9 going on. 10 Under the 200-foot rule, a licensed 11 premises can't be licensed to serve alcohol if 12 they're within 200 feet of a church or a 13 school or other house of worship. And the way

14 it's always been computed is from the center 15 of the doorway to the center of the doorway of 16 the house of worship or school. And we have 17 actually found people who want to open a bar 18 moving the door -- closing off the door, 19 moving it around to the side of the building, 20 some other place on their building, to get 21 beyond the 200 feet. 22 So this bill would say it goes from 23 the property line of the school or house of 24 worship to the property line of the licensed 25 premises. It's that simple. Candyco Transcription Service, Inc. (518) 371-8910 4373 1 ACTING PRESIDENT GRIFFO: Senator 2 Connor will be recorded in the affirmative. 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 2081 are 6 Senators Griffo, Little, Maziarz and Seward. 7 Also Senator Fuschillo. Also Senator Saland. 8 Also Senator Marcellino. 9 Ayes, 53. Nays, 7. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2082, by Senator Fuschillo, Senate Print 14 8376A, an act to amend the Executive Law and 15 others. 16 ACTING PRESIDENT GRIFFO: Senator

17 Little. 18 SENATOR LITTLE: Thank you, 19 Mr. President. 20 Is there a message of necessity at 21 the desk? 22 ACTING PRESIDENT GRIFFO: There 23 is a message of necessity at the desk. 24 SENATOR LITTLE: Thank you. I 25 move to accept the message of necessity. Candyco Transcription Service, Inc. (518) 371-8910 4374 1 ACTING PRESIDENT GRIFFO: All in 2 favor of accepting the message of necessity 3 indicate by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT GRIFFO: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT GRIFFO: The 9 message is accepted. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 16. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed.

20 THE SECRETARY: In relation to 21 Calendar Number 2083, Senator Oppenheimer 22 moves to discharge, from the Committee on 23 Rules, Assembly Bill Number 11467 and 24 substitute it for the identical Senate Bill 25 Number 8432, Third Reading Calendar 2083. Candyco Transcription Service, Inc. (518) 371-8910 4375 1 ACTING PRESIDENT GRIFFO: 2 Substitution so ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 2083, by the Assembly Committee on Rules, 6 Assembly Print Number 11467, an act to amend 7 Chapter 137 of the Laws of 1877 relating to 8 incorporating. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 2084, by the Senate Committee on Rules -21 SENATOR LITTLE: Lay it aside for 22 the day, please.

23 ACTING PRESIDENT GRIFFO: The 24 bill is laid aside for the day. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4376 1 2085, by the Senate Committee on Rules, Senate 2 Print Number 8527B -3 SENATOR LITTLE: Lay it aside for 4 the day, please. 5 ACTING PRESIDENT GRIFFO: The 6 bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 2087, by Senator Morahan, Senate Print 8552, 9 an act to amend Chapter 577 of the Laws of 10 2006, amending the Greenwood Lake Protection 11 Act. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2088, by Senator Libous, Senate Print 8564, an 24 act to amend the Public Authorities Law. 25 ACTING PRESIDENT GRIFFO: Read

Candyco Transcription Service, Inc. (518) 371-8910 4377 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2089, by Senator DeFrancisco, Senate Print 12 8610, an act to amend the Civil Practice Law 13 and Rules and the Insurance Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 8. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2090, by the Senate Committee on Rules, Senate Candyco Transcription Service, Inc. (518) 371-8910 4378 1 Print Number 8613, an act to amend Chapter 57

2 of the Laws of 2008, relating to authorizing 3 the New York State Mortgage Agency. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 2091, by Senator O. Johnson, Senate Print 16 8627, an act to amend Chapter 404 of the Laws 17 of 2006, relating to establishing. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60. Candyco Transcription Service, Inc. (518) 371-8910 4379 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2092, by the Senate Committee on Rules, Senate

5 Print Number 8633, an act to amend the Tax 6 Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 2093, by Senator Morahan, Senate Print 8637, 19 an act to amend the Labor Law and the 20 Education Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect July 1, 2009. 25 ACTING PRESIDENT GRIFFO: Call Candyco Transcription Service, Inc. (518) 371-8910 4380 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT GRIFFO: Senator 4 Maziarz. 5 SENATOR MAZIARZ: Mr. President, 6 to explain my vote. 7 I just want to congratulate Senator

8 Morahan. This is a great bill. All the years 9 that I chaired the Senate Labor Committee, we 10 tried to come to some agreement between 11 hospitals and nurses, and Senator Morahan was 12 able to do that. 13 And I vote in the affirmative. 14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Senator 16 Maziarz to be recorded in the affirmative. 17 Senator Morahan. 18 SENATOR MORAHAN: Thank you, 19 Mr. President. 20 This bill, which originated back I 21 guess in 2002, is a bill that really will do a 22 couple of things. 23 First of all, we all know we have a 24 critical shortage of nurses in the State of 25 New York. This bill will start to deal with Candyco Transcription Service, Inc. (518) 371-8910 4381 1 working conditions, hopefully to attract more 2 people to that profession. It's a 3 well-thought profession, obviously. 4 But also it ensures patient care in 5 those situations where nurses were required to 6 work even in excess of 16 hours in one tour, 7 when people could be prone to mistakes or 8 people could be overwhelmed with other 9 activities. Thank God this has not happened 10 in our state. This bill will ensure that our

11 nurses get the appropriate time off. 12 And I'm sure those who are 13 concerned with the impact on hospitals where 14 nurses won't work, I believe there will always 15 be a nurse willing and able to take on the 16 tour of those rather than force a mandatory 17 overtime for our nurses. 18 So I'm delighted to finally be able 19 to say this bill has a three-way agreement and 20 will pass in the other house as well as being 21 approved by the Governor. 22 Thank you, Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Morahan to be recorded in the affirmative. 25 Senator Krueger, to explain her Candyco Transcription Service, Inc. (518) 371-8910 4382 1 vote. 2 SENATOR LIZ KRUEGER: Thank you 3 so much. I also rise to thank Senator Morahan 4 for this very important piece of legislation. 5 Sometimes my district is referred 6 to as Bedpan Alley, it has so many hospitals 7 in it. And as a result, I have large numbers 8 of nurses who live in my district and work in 9 my district who come and talk to me about the 10 problems that have been going on in hospitals, 11 who highlight that if you are a patient in a 12 hospital, it is as dangerous for you to be 13 being taken care of by somebody who has not

14 slept and who has worked too many hours. 15 And so not only is this an 16 important bill for health and safety of 17 patients in hospitals throughout the State of 18 New York, it's also going to encourage nurses 19 to stay in hospital care, which is also a huge 20 issue throughout the state with our nurse 21 shortage, where not only are nurses leaving 22 the profession, but they're leaving working in 23 hospitals because they have alternatives that 24 are not nearly as insane. 25 So I am so delighted that we are Candyco Transcription Service, Inc. (518) 371-8910 4383 1 passing this bill today. I know that every 2 patient who ever goes into a hospital in 3 New York State will appreciate it even if they 4 don't know that this bill was passed. And I 5 know that it will send a very clear message to 6 support the important work of nurses, the 7 important work they do and the important 8 importance of staying in hospital care. 9 So I want to thank Senator Morahan. 10 ACTING PRESIDENT GRIFFO: Senator 11 Krueger to be recorded in the affirmative. 12 Senator Hassell-Thompson. 13 SENATOR HASSELL-THOMPSON: Thank 14 you, Mr. President. 15 It's a pleasure to stand in support 16 of a bill from one of my colleagues,

17 particularly as someone who, for close to 18 36 years, off and on, I practiced nursing. It 19 was my first job. And believe me, it helped 20 to take very good care of my family. 21 But certainly one of the reasons 22 that I left nursing, and many nurses do leave 23 or those don't come, is because of the 24 excessive hours and the mandated overtime. 25 Everything that we can do in this Candyco Transcription Service, Inc. (518) 371-8910 4384 1 chamber to help to make the workplace for 2 nurses as well as any other worker safe, we 3 have an obligation to do. This bill goes a 4 long way toward correcting one of the major 5 issues that has been a concern of nurses for 6 quite some time, and I'm very proud to be here 7 in this Senate chamber at the time that we 8 pass this bill and to support Senator Morahan. 9 Thank you, Mr. President. 10 ACTING PRESIDENT GRIFFO: Senator 11 Hassell-Thompson to be recorded in the 12 affirmative. 13 Senator Duane, to explain his vote. 14 SENATOR DUANE: Thank you very 15 much, Mr. President. 16 I also want to congratulate Senator 17 Morahan on this bill. 18 And without belaboring the point, I 19 just want to say that I love those nurses.

20 And they always have taken very good care of 21 me, and I know they take good care of everyone 22 else. 23 And whenever I've had a question, I 24 go to a nurse and they give me a better 25 answer, usually, than anyone else. Candyco Transcription Service, Inc. (518) 371-8910 4385 1 So I am very pleased that we're 2 passing this legislation today. And I hope 3 you remember it next time I'm hospitalized. 4 Thank you very much, Mr. President. 5 ACTING PRESIDENT GRIFFO: Senator 6 Duane to be recorded in the affirmative. 7 Senator Montgomery, to explain her 8 vote. 9 SENATOR MONTGOMERY: Yes, 10 Mr. President. I also rise to thank Senator 11 Morahan for this bill. 12 I have a sister who is a nurse and 13 a staff member of my mine who is also a nurse. 14 And so I'm very keenly sensitive and aware of 15 issues that nurses have with being overtaxed, 16 overburdened, and I know how important they 17 are. They are extremely important to our 18 health delivery system. Next to the doctor, I 19 think the nurse is probably the most important 20 person. 21 And so I rise to certainly support 22 this legislation. It's about time, it's time

23 for us to pay specific attention and to 24 include nurses in everything that we pass in 25 this Legislature, including any funds to Candyco Transcription Service, Inc. (518) 371-8910 4386 1 assist them in their educational and 2 professional preparation, because without them 3 there is no health system. 4 So I want to thank Senator Morahan 5 for this. And I speak for both my own family 6 member and my staff, as well as the nurses 7 throughout this state. We thank you very 8 much. 9 ACTING PRESIDENT GRIFFO: Senator 10 Montgomery will be recorded in the 11 affirmative. 12 Senator Perkins. 13 SENATOR PERKINS: Thank you, 14 Mr. President. 15 On behalf of Kiva Hassina Perkins 16 Watts, my daughter, I want to thank Senator 17 Morahan on her behalf for his leadership on 18 this very, very important bill. She is a 19 nurse and has been practicing as such for 20 quite a bit of time and has been able to even 21 be a part of the advocacy on making this bill 22 coming to fruition. 23 So I want to thank him, and I want 24 to thank her colleagues in the nursing 25 profession for the wonderful work that they've

Candyco Transcription Service, Inc. (518) 371-8910 4387 1 done to bring this before us and to make sure 2 that it was passed. 3 I vote aye. 4 ACTING PRESIDENT GRIFFO: Senator 5 Perkins to be recorded in the affirmative. 6 Senator Savino, and then Senator 7 Parker. 8 SENATOR SAVINO: Thank you, 9 Mr. President. 10 I also want to rise and 11 congratulate Senator Morahan for accomplishing 12 something that we have been advocating for for 13 a very long time. Before I got elected as an 14 AFSCME representative, I joined the nurses 15 many times, whether it was through PEF, 16 whether it was through 1199, NYSUT, NYSNA, 17 lobbying Albany to change this law, because we 18 knew it was unfair. 19 We know how hard nurses work. We 20 know how important they are to the delivery of 21 healthcare services in the hospital. As 22 Senator Krueger said, we know they're leaving 23 the hospital care system because they quite 24 frankly can't handle the workload, they can't 25 handle the stress on themselves and the stress Candyco Transcription Service, Inc. (518) 371-8910 4388 1 it places on their patients.

2 But I'm very happy today that we're 3 passing this bill. In fact, about a week or 4 so ago I spoke at a rally in front of the 5 building for the nurses, and I said to them 6 then that our obligation was to pass this bill 7 before we went home on June 23rd and that if 8 we did not, perhaps we should stay and do a 9 little mandatory overtime of our own. 10 So I'm happy to say that we are 11 finally accomplishing something that we know 12 is critically important to nurses all around 13 New York State. Congratulations. 14 ACTING PRESIDENT GRIFFO: Senator 15 Savino to be recorded in the affirmative. 16 Senator Parker, to explain his 17 vote. 18 SENATOR PARKER: Yes, to explain 19 my vote, Mr. President. 20 There are two kinds of people in 21 the world: there are sick people and those of 22 us who are about to be sick. And so I'm happy 23 to stand and add my voice to the chorus of 24 those who are supporting this bill. 25 I want to congratulate Senator Candyco Transcription Service, Inc. (518) 371-8910 4389 1 Morahan for bringing this up. This is 2 important in terms of the quality of care, you 3 know, for everybody who is either a patient or 4 is going to be a patient in the future.

5 Certainly our nurses deserve the 6 best work conditions that they can. 7 Representing a district with Kings County, 8 Downstate, Kingsbrook Jewish Medical Center, 9 Brookdale -- and Beth Israel-Kings Highway 10 Hospital right on its outskirts -- I have a 11 plethora of nurses who live in my district and 12 who work and who often come to me, both here 13 in Albany and in the district, to talk about 14 the conditions. 15 This is one step on the long road 16 of making this state of state a nurse-friendly 17 state. Ken LaValle, chairman of the Higher 18 Education Committee, a number of years ago did 19 a subcommittee on the nursing shortage in this 20 state. 21 There's lots more that needs to be 22 done. We took care of the some of the issues 23 relating to safety earlier this year. We're 24 now getting rid of mandatory overtime. We 25 still need to pass a bill regulating and Candyco Transcription Service, Inc. (518) 371-8910 4390 1 mandating proper staffing ratios in our 2 hospitals and our nursing homes. And we also 3 need to expand the pipeline in New York City, 4 particularly in CUNY, with more nurse 5 practitioners. 6 We need to create some equity 7 between people who are clinical nurses and

8 people who want to be nurse educators, so that 9 we can encourage nurses to become nurse 10 educators. 11 And so once we do all those things, 12 we will begin to stem the tide in this 13 serious, serious crisis we have in terms of 14 nurses in this state. But this is a good 15 first step, and let me thank all my colleagues 16 for being supportive of this bill. 17 I vote aye. 18 ACTING PRESIDENT GRIFFO: Senator 19 Parker to be recorded in the affirmative. 20 Senator Stachowski, to explain his 21 vote. 22 SENATOR STACHOWSKI: Yes, 23 Mr. President, I too rise to congratulate 24 Senator Morahan on finally getting this bill 25 through. It's been a long time, a lot of Candyco Transcription Service, Inc. (518) 371-8910 4391 1 conversations. 2 Obviously, the nurses point out to 3 us always that maybe some of the people that 4 have left the profession may come back if they 5 know there's not forced overtime anymore. 6 And I agree with a lot of the 7 things Senator Parker said about things we 8 have to do. And one of the things we have to 9 address next is taking care of the shortage of 10 people teaching nurses, because that's even

11 becoming more rare a bird than the nurses 12 themselves. 13 So I'd like to congratulate the 14 Senate for passing the bill. But more so I'd 15 like to congratulate all the nursing people 16 that came up all these years, pushing hard to 17 get this bill done and finally accomplishing 18 that goal. 19 I vote yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Stachowski to be recorded in the affirmative. 22 Senator Stavisky, to explain her 23 vote. 24 SENATOR STAVISKY: Thank you, 25 Mr. President. Candyco Transcription Service, Inc. (518) 371-8910 4392 1 I too thank our colleague Senator 2 Morahan for his leadership and his devotion to 3 this issue. 4 As Senator Parker indicated, we had 5 a task force on the nursing shortage appointed 6 by Senator LaValle a number of years ago, 7 chaired by then Senator Pat McGee, and we held 8 hearings throughout the state. And the same 9 theme resonated at each and every hearing, and 10 that was the -- there were a number of them, 11 but one of them was the question of mandatory 12 overtime. 13 And the question was how can we

14 attract more people to the nursing profession. 15 Because you certainly are overworked, 16 underpaid. And at least you're hearing 17 today -- not everybody says thank you, but we 18 are giving you a collective thank you for all 19 of the long hours that you've put in in the 20 past and for everything that you're going to 21 be doing in the future. 22 Thank you. 23 ACTING PRESIDENT GRIFFO: Senator 24 Stavisky to be recorded in the affirmative. 25 Senator Farley, to explain his Candyco Transcription Service, Inc. (518) 371-8910 4393 1 vote. 2 SENATOR FARLEY: Mr. President, 3 it's very evident that this house loves 4 nurses, as everybody is wrapping themselves in 5 nursing. 6 I was lobbied very vociferously, 7 because I have five sisters-in-law who are all 8 nurses. And for a lot of years I carried all 9 the legislation for the New York State Nurses 10 Association. 11 But let me just say I join all of 12 my colleagues in supporting this bill, and I 13 vote aye. 14 ACTING PRESIDENT GRIFFO: Senator 15 Farley to be recorded in the affirmative. 16 Senator Robach, to explain his

17 vote. 18 SENATOR ROBACH: Yes, 19 Mr. President, just very briefly. 20 In addition to the work-condition 21 issue and all the nobility and important work 22 nurses do, I just think there's also one very 23 important thing. You know, in my days when I 24 worked at Eastman Kodak Company years ago, 25 there were studies done on quality and Candyco Transcription Service, Inc. (518) 371-8910 4394 1 productivity, even on manufacturing electronic 2 parts, and how that decreased as people were 3 required to work longer and longer. 4 Well, I always thought on this 5 issue it made absolutely no sense. Nurses, as 6 we all know, are working on us, family 7 members, human beings. And we know we want 8 that margin of error to be zero. So I always 9 thought on patient safety it was very, very 10 important that we get this bill done and limit 11 that to a reasonable goal. I think we've done 12 this. 13 I'm happy to be a cosponsor on this 14 bill, and I do want to also thank Senator 15 Morahan not only for bringing this bill to the 16 floor, but also working so diligently over the 17 years to get three-way agreement with the 18 other house and the Governor. 19 I think this will not only be good

20 for nurses, but it's also going to go a long 21 way toward patient safety and making New York 22 State a much safer and better place, and I 23 applaud everyone for their work on this 24 important bill. 25 I proudly cast my vote in the Candyco Transcription Service, Inc. (518) 371-8910 4395 1 affirmative. 2 ACTING PRESIDENT GRIFFO: Senator 3 Robach to be recorded in the affirmative. 4 Senator Connor, to explain his 5 vote. 6 SENATOR CONNOR: Thank you, 7 Mr. President. 8 Mr. President, I rise also to lend 9 my voice. And I agree with almost everything 10 that's been said before me, except one thing 11 that Senator Montgomery, my friend Senator 12 Montgomery said. I'm not sure that after the 13 doctors, the nurses are the most important 14 piece of our healthcare. 15 Because, you know, I've been in the 16 hospital -- fortunately, not very often or for 17 very long -- and it's nice to have the 18 physician stop by at 6:30 or 7:00 in the 19 morning and say "How you doing," but I know 20 who took care of me the other 23 3/4 hours of 21 the day, and it was the nurses, very skilled 22 professionals.

23 And what we're doing in this 24 legislation is recognizing the professional 25 status of nursing. And nursing, though, Candyco Transcription Service, Inc. (518) 371-8910 4396 1 combines not just the brains and knowledge, 2 but try standing on your feet for eight hours, 3 and then try standing on your feet for 4 12 hours, and see the difference in your 5 performance in the last four hours. 6 So I want to -- I know this is a 7 while in coming, and I want to congratulate 8 and thank Senator Morahan for making this 9 happen and getting us to this point where 10 we're enacting legislation. 11 And I think it's not just great for 12 nurses, who deserve it, but it's great for 13 patients, who need it, who need the skilled 14 professional care that they get from nurses 15 who are not exhausted from compelled mandatory 16 overtime. 17 So I vote aye, Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Connor to be recorded in the affirmative. 20 Senator Hannon, to explain his 21 vote. 22 SENATOR HANNON: Yes, 23 Mr. President. 24 I think what Senator Morahan has 25 brought to the floor is monumental. This has

Candyco Transcription Service, Inc. (518) 371-8910 4397 1 taken over ten years of work, bringing first 2 all the people concerned about this issue 3 together; the nurses are represented by a 4 wide-ranging number of unions and a 5 wide-ranging number of settings in this state. 6 And it's been obvious, as we've 7 been working on this legislation, that the 8 need has grown more and more. Just recently 9 the Hospital Association predicted that by 10 2012 that we'll have an increased nursing 11 shortage of 30 percent. 12 Well, the difficulty is that unless 13 you have legislation like this, the temptation 14 in running an entity is to push more and more 15 those specific individuals who fulfill the key 16 role of being nurses to work more and more, 17 and it becomes a downward spiral. They will 18 cease to be nurses unless they can predict 19 their work hours, their family schedule. And 20 it does not help society, it does not help the 21 patients. 22 This is obviously a first step, 23 because there are other aspects of the medical 24 practice that need to be addressed, and there 25 needs to be addressing the shortage -- people Candyco Transcription Service, Inc. (518) 371-8910 4398 1 are mentioning Senator LaValle's bill; there

2 are other measures -- the shortage of nurses 3 in this state. 4 But this is an important, vital 5 first step. It's been a difficult hurdle. I 6 think Senator Morahan should be congratulated 7 for it. Thank you. 8 ACTING PRESIDENT GRIFFO: Senator 9 Hannon to be recorded in the affirmative. 10 Senator Adams, to explain his vote. 11 SENATOR ADAMS: Thank you, 12 Mr. President. I too want to briefly rise and 13 show my support. 14 I think oftentimes we don't listen 15 to those who are on the ground and who are the 16 professionals. Clearly, the nursing 17 profession is on a sickbed, and we need to 18 start what we can do, as the political 19 surgeons, to revitalize the occupation and 20 bring it to the level of professionalism that 21 it deserves. 22 I think sometimes we don't 23 understand that, after we spend an hour or two 24 visiting our family members in the hospital, 25 and the nurses have to spend those 12 hours or Candyco Transcription Service, Inc. (518) 371-8910 4399 1 more inside a hospital, that they too have 2 family members, they too have loved ones at 3 home. 4 And when you do the assignment as a

5 nurse for a day or just take a stroll through 6 the hospital, in spite of the physical and 7 emotional weight of being a nurse, they never 8 allow the burden of the job or the profession 9 to be brought out on the patient. And that 10 has a level of just professionalism that needs 11 to be commended, and I think we all can learn 12 from it as we start the process of 13 recuperating our nursing profession and 14 bringing it to the level of pay, level of 15 hours, level of assignment that it deserves. 16 As a retired law enforcement 17 person, we often had to have our police 18 officers and other first responders go to the 19 hospital. And without the professionalism of 20 our nurses, we would not have the tasks 21 carried out the way they ought to be carried 22 out. 23 I vote in the affirmative, and I 24 thank the sponsor for this bill. 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 4400 1 Adams to be recorded in the affirmative. 2 Senator DeFrancisco, to explain his 3 vote. 4 SENATOR DeFRANCISCO: Thank you, 5 Mr. President. 6 I think this is an extremely 7 important bill for many reasons, and they've

8 all been discussed. And I won't belabor the 9 point. 10 But there's another reason, and 11 that simply is good nursing care requires 12 people that simply are alert and not working 13 consecutive hours that make it impossible to 14 be alert. We talk about medical errors that 15 happen. There's no reason why we should 16 encourage medical errors by allowing nurses to 17 go beyond a reasonable period of time to 18 practice their profession. 19 And so from a patient standpoint, 20 this is an excellent bill, as well as for the 21 nurses. 22 In addition, I think it's going to 23 be wonderful next year, when the nurses come 24 in, not to have to tell them we're still 25 working on it. Because this has been going on Candyco Transcription Service, Inc. (518) 371-8910 4401 1 for many, many years. It's the right thing to 2 do, and Senator Morahan is still my MVP. 3 Thank you. 4 ACTING PRESIDENT GRIFFO: Senator 5 DeFrancisco to be recorded in the affirmative. 6 Senator Sampson, to explain his 7 vote. 8 SENATOR SAMPSON: Thank you very 9 much, Mr. President. 10 I want to rise, and I want to

11 commend the sponsor, Senator Morahan. You've 12 done a fabulous -- words cannot express what 13 you did here, not only for us but also for the 14 nurses. And you finally gave them the respect 15 that is definitely due to them. 16 I had an opportunity -- when I was 17 sick for a week last year, I had an 18 opportunity to be taking care of by a group of 19 nurses who did a fantastic job to get me well 20 again. You know, and I saw the standards and 21 the conditions that they have to operate 22 under, and I just want to commend them for a 23 job well done. 24 And continue to do what you're 25 doing, inspiring other people, especially Candyco Transcription Service, Inc. (518) 371-8910 4402 1 inspiring young nurses to go into the 2 profession and get an opportunity to give back 3 to the community. 4 So I want to commend you for the 5 job well done, to the nurses, but also, 6 Senator Morahan, thank you very much for 7 giving them the respect that is due. 8 ACTING PRESIDENT GRIFFO: Senator 9 Sampson to be recorded in the affirmative. 10 Senator Schneiderman, to explain 11 his vote. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Mr. President.

14 It's great that we're finally doing 15 this. I am truly sorry it took so long. 16 Recognition of basic rights should not be such 17 a heavy lift. 18 I look forward to expanding our 19 recognition of the commitment and services 20 that nurses provide to all of us. This is 21 also a very important bill, and I hope we will 22 expand our protections to people in other 23 types of facilities as we go forward. 24 This is a tremendously important 25 bill because it represents the union of Candyco Transcription Service, Inc. (518) 371-8910 4403 1 patients and healthcare professionals. There 2 are efforts sometimes to pit one group against 3 another. We are all together. The nurses 4 take care of us, we've got to take care of 5 them. 6 Thanks to Senator Morahan and to 7 our colleagues in the Assembly and all of the 8 unions and other organizations that lobbied 9 tirelessly for this bill. 10 I vote in the affirmative. 11 ACTING PRESIDENT GRIFFO: Senator 12 Schneiderman to be recorded in the 13 affirmative. 14 Announce the results. 15 THE SECRETARY: Ayes, 60. Nays, 16 0.

17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 (Applause from the balcony.) 20 ACTING PRESIDENT GRIFFO: Thank 21 you. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 2094, by Senator Morahan -25 SENATOR LITTLE: Lay it aside Candyco Transcription Service, Inc. (518) 371-8910 4404 1 temporarily, please. 2 ACTING PRESIDENT GRIFFO: The 3 bill is laid aside temporarily. 4 THE SECRETARY: Calendar Number 5 2095, by the Senate Committee on Rules, Senate 6 Print Number 8674, an act to amend the Public 7 Health Law. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 2096, by Senator Golden, Senate Print 8676, an

20 act to amend the Retirement and Social 21 Security Law and others. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 24. This 25 act shall take effect immediately. Candyco Transcription Service, Inc. (518) 371-8910 4405 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2098, by the Senate Committee on Rules -9 SENATOR LITTLE: Lay it aside for 10 the day, please. 11 ACTING PRESIDENT GRIFFO: Lay it 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 2099, by Senator Golden, Senate Print 8681, an 15 act to amend the Tax Law. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 13. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.)

23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 4406 1 THE SECRETARY: Calendar Number 2 2100, by the Senate Committee on Rules, Senate 3 Print Number -4 SENATOR DUANE: Lay it aside, 5 please. 6 ACTING PRESIDENT GRIFFO: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 2101, by the Senate Committee on Rules, Senate 10 Print 8684, an act to amend the State Finance 11 Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 23. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2102, by the Senate Committee on Rules, Senate 24 Print Number 8698, an act to amend the Racing, 25 Pari-Mutuel Wagering and Breeding Law and

Candyco Transcription Service, Inc. (518) 371-8910 4407 1 others. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 19. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. Nays, 10 1. Senator Padavan recorded in the negative. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 2103, by Senator Skelos, Senate Print 8699, an 15 act to amend Education Law and the Retirement 16 and Social Security Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 13. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 4408 1 bill is passed.

2 THE SECRETARY: In relation to 3 Calendar Number 2106, Senator Bonacic moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 11440 and substitute it 6 for the identical Senate Bill Number 8703, 7 Third Reading Calendar 2106. 8 ACTING PRESIDENT GRIFFO: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 2106, by the Assembly Committee on Rules, 13 Assembly Print Number 11440, an act to amend 14 Chapter 172 of the Laws of 2002. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2 This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. Nays, 23 1. Senator Schneiderman recorded in the 24 negative. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 4409 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 2107, Senator Bonacic moves to 4 discharge, from the Committee on Rules,

5 Assembly Bill Number 10812A and substitute it 6 for the identical Senate Bill Number 8704, 7 Third Reading Calendar 2107. 8 ACTING PRESIDENT GRIFFO: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 2107, by Member of the Assembly Lopez, 13 Assembly Print Number 10812A, an act to amend 14 the Private Housing Finance Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4410 1 2108, by Senator Padavan, Senate Print 8705, 2 an act to amend the Real Property Tax Law. 3 ACTING PRESIDENT GRIFFO: Senator 4 Little. 5 SENATOR LITTLE: Thank you, 6 Mr. President. 7 Is there a message of necessity at

8 the desk? 9 ACTING PRESIDENT GRIFFO: There 10 is a message of necessity at the desk. 11 SENATOR LITTLE: Thank you. I 12 move to accept the message of necessity. 13 ACTING PRESIDENT GRIFFO: All in 14 favor of accepting the message of necessity 15 signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT GRIFFO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT GRIFFO: The 21 message is accepted. 22 The Secretary will read the last 23 section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the same date and in Candyco Transcription Service, Inc. (518) 371-8910 4411 1 the same manner as a chapter of the Laws of 2 2008. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT GRIFFO: Senator 7 Krueger, to explain her vote. 8 SENATOR LIZ KRUEGER: Thank you. 9 Last week we did a bill modifying 10 and extending the New York City ICIP program,

11 and last week I voted against the bill. So 12 since this is a technical amendment to a 13 program I don't think we should have in 14 existence, I feel it would be consistent for 15 those of us who didn't like the program to 16 continue to vote nay on amendments to the 17 program, and so I vote nay. 18 Thank you, Mr. President. 19 ACTING PRESIDENT GRIFFO: Senator 20 Krueger to be recorded in the negative. 21 Senator Duane, to explain his vote. 22 Senator Duane, before you begin, 23 would those who are voting in the negative 24 please raise your hands again. 25 Senator Duane. Candyco Transcription Service, Inc. (518) 371-8910 4412 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 I'm just clarifying this for my own 4 purposes. I believe that this is an amendment 5 to a bill that we passed last week, and I 6 believe that Senators Adams, Krueger, Parker, 7 Sabini, Schneiderman, Hassell-Thompson, 8 C. Kruger and Savino voted no on it. 9 And I guess one of my colleagues 10 over here will tell me if I'm mistaken about 11 who those no votes were. 12 And thank you, Mr. President. 13 ACTING PRESIDENT GRIFFO: Thank

14 you, Senator Duane. How do you vote, Senator 15 Duane? 16 SENATOR DUANE: Aye. 17 ACTING PRESIDENT GRIFFO: Senator 18 Duane votes in the affirmative. 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 2108 are 22 Senators Connor, Hassell-Thompson, Huntley, 23 L. Krueger, Montgomery, Perkins, Sabini, 24 Savino and Schneiderman. 25 Ayes, 51. Nays, 9. Candyco Transcription Service, Inc. (518) 371-8910 4413 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 Senator Little. 4 SENATOR LITTLE: Thank you, 5 Mr. President. 6 May we take up Calendar Number 7 2104. And is there a message of necessity at 8 the desk? 9 ACTING PRESIDENT GRIFFO: There 10 is a message at the desk. 11 First, the Secretary will read. 12 THE SECRETARY: Calendar Number 13 2104, by Senator Bonacic, Senate Print 8700, 14 an act to amend the Tax Law. 15 ACTING PRESIDENT GRIFFO: Senator 16 Little.

17 SENATOR LITTLE: I move to accept 18 the message of necessity that is at the desk. 19 ACTING PRESIDENT GRIFFO: All in 20 favor of accepting the message of necessity 21 indicate by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT GRIFFO: 24 Opposed, nay. 25 (No response.) Candyco Transcription Service, Inc. (518) 371-8910 4414 1 ACTING PRESIDENT GRIFFO: The 2 message is accepted. 3 The Secretary will read the last 4 section. 5 THE SECRETARY: Section 6. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT GRIFFO: Senator 11 Bonacic, to explain his vote. 12 SENATOR BONACIC: First of all, 13 this is an economic development project for 14 Sullivan County. 15 You know, the casinos never came, 16 so this is a gentleman that's prepared to 17 invest a billion dollars in the old Concord, 18 bringing a racino and the track also there. 19 I wanted to thank Governor Paterson

20 for his efforts, and Charles Byrne, and all 21 those that were involved to have this 22 legislation passed. On behalf of the people 23 of Sullivan County, we'd like to thank them 24 for giving the green light to letting this go 25 forward. Candyco Transcription Service, Inc. (518) 371-8910 4415 1 Thank you very much, Mr. President. 2 ACTING PRESIDENT GRIFFO: Senator 3 Bonacic to be recorded in the affirmative. 4 Senator Krueger, to explain her 5 vote. 6 SENATOR LIZ KRUEGER: Thank you, 7 Mr. President. 8 With respect to the sponsor, I find 9 myself having to vote no for this bill. I'm 10 not sure that I'm opposed in the long-term 11 about casinos or casinos in specific 12 locations. But I think this bill is giving a 13 deal to someone before we've agreed to have a 14 casino, before it's gotten through the 15 community process or the environmental review 16 process. 17 And while I am agnostic about 18 gambling questions for the State of New York, 19 my basic understanding of when the state moves 20 into gambling is that it increases revenue to 21 the State of New York to help us pay for 22 public services. And as I read this bill,

23 there would be a dramatic loss of revenue from 24 VLT to us compared to other racino deals we 25 have in the state. Candyco Transcription Service, Inc. (518) 371-8910 4416 1 So that while the current maximum 2 keep, so to speak, by the video lottery 3 terminal operator is 54 percent on the other 4 legislation we've moved, this would allow the 5 operator of the VLT to keep 75 percent -- as 6 opposed to 54 percent -- for profits, which 7 would dramatically reduce the money that would 8 be available to state education from this 9 specific deal. 10 So I do believe, without a bad pun 11 intended, it's putting the cart before the 12 horse in this situation. And I don't think 13 that the state should be giving away its 14 potential racing and VLT revenue that's 15 supposed to go for education when in fact we 16 move forward with expansion of gambling in the 17 State of New York. 18 And so I think that we shouldn't go 19 ahead with this deal at this point in time 20 before we know all the details and before we 21 really understand the cost to the communities 22 for having this expansion and the loss to 23 state education aid with this specific deal. 24 So I recommend a no vote. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. (518) 371-8910 4417 1 ACTING PRESIDENT GRIFFO: Senator 2 Krueger to be recorded in the negative. 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 2104 are 6 Senators L. Krueger, Padavan, Perkins and 7 Schneiderman. 8 Ayes, 56. Nays, 4. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 Senator Little. 12 SENATOR LITTLE: Thank you, 13 Mr. President. May we return to Calendar 14 Number 2105. 15 ACTING PRESIDENT GRIFFO: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 2105, by Senator Hannon, Senate Print 8702, an 19 act to amend the Social Services Law. 20 SENATOR LITTLE: Is there a 21 message of necessity at the desk? 22 ACTING PRESIDENT GRIFFO: There 23 is a message at the desk. 24 SENATOR LITTLE: Thank you. I 25 move that we accept the message of necessity. Candyco Transcription Service, Inc. (518) 371-8910 4418 1 ACTING PRESIDENT GRIFFO: All in

2 favor of accepting the message of necessity 3 indicate by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT GRIFFO: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT GRIFFO: The 9 message is accepted. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect July 1, 2008. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 Senator Little. 21 SENATOR LITTLE: Thank you, 22 Mr. President. May we now return to Calendar 23 Number 2086. 24 ACTING PRESIDENT GRIFFO: The 25 Secretary will read. Candyco Transcription Service, Inc. (518) 371-8910 4419 1 THE SECRETARY: Calendar Number 2 2086, by Senator Morahan, Senate Print 8534A, 3 an act to amend the Social Services Law and 4 the Mental Hygiene Law.

5 ACTING PRESIDENT GRIFFO: Senator 6 Little. 7 SENATOR LITTLE: Mr. President, 8 is there a message of necessity at the desk? 9 ACTING PRESIDENT GRIFFO: There 10 is a message at the desk. 11 SENATOR LITTLE: Thank you. I 12 move to accept the message of necessity. 13 ACTING PRESIDENT GRIFFO: All in 14 favor of accepting the message of necessity 15 indicate by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT GRIFFO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT GRIFFO: The 21 message is accepted. 22 The Secretary will read the last 23 section. 24 THE SECRETARY: Section 19. This 25 act shall take effect immediately. Candyco Transcription Service, Inc. (518) 371-8910 4420 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 Senator Little.

8 SENATOR LITTLE: Thank you, 9 Mr. President. May we now take up the 10 controversial reading of Supplemental Calendar 11 63A. 12 ACTING PRESIDENT GRIFFO: We will 13 now take up the controversial reading of 14 Supplemental Calendar 63A. The Secretary will 15 ring the bell. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 2077, by Senator Farley, Senate Print 8143A, 19 an act to amend the Real Property Actions and 20 Proceedings Law. 21 SENATOR KLEIN: Explanation, 22 please. 23 ACTING PRESIDENT GRIFFO: The 24 message of necessity has already been 25 approved. Candyco Transcription Service, Inc. (518) 371-8910 4421 1 An explanation has been requested 2 by Senator Klein, Senator Farley. 3 SENATOR FARLEY: Thank you, 4 Mr. President. 5 This is a Governor's program bill 6 which has been agreed upon by the Senate and 7 the Assembly. It's something that we've been 8 working on the entire session. There was a 9 six-hour hearing held that many members 10 attended.

11 It is addressing one of the serious 12 problems that is facing our state and the 13 nation, as a matter of fact. And in my 14 judgment, this is a landmark piece of 15 legislation where New York is going to lead 16 the nation in providing a comprehensive answer 17 to some of these problems. 18 To begin with, the bill promotes 19 efforts to encourage lenders and borrowers to 20 reach a mutually agreeable resolution to avoid 21 foreclosure. Specifically, the bill requires 22 that lenders send a notice at least 90 days 23 before initiating foreclosure action. That's 24 rather significant. This notice urges 25 borrowers to work with the lenders or the Candyco Transcription Service, Inc. (518) 371-8910 4422 1 housing counseling agency to address their 2 situation. 3 The bill also has mandatory 4 settlement conferences during the judicial 5 foreclosure process. This will provide an 6 opportunity for borrowers and lenders to try 7 to reach a solution that avoids foreclosure. 8 I think that's what we're trying to accomplish 9 here. And we've got $25 million in the last 10 budget we just passed that would encourage 11 conferences and counseling. And that 90 days 12 before the foreclosure takes place is very, 13 very significant.

14 This bill also establishes new 15 standards and protections for subprime loans. 16 For instance, these loans, subprime loans must 17 have escrow accounts, mandatory escrow 18 accounts to be sure that the taxes are paid. 19 They may not have prepayment penalties. They 20 may not provide for negative amortization. 21 And lenders must ensure that the 22 borrower has a reasonable ability to repay 23 this loan. And lenders must also take steps 24 to verify the borrower's income and asset 25 information. Candyco Transcription Service, Inc. (518) 371-8910 4423 1 The bill also cracks down on 2 fraudulent practices. Specifically, the bill 3 creates the crime of residential mortgage 4 fraud. 5 This bill also establishes 6 contractual requirements, consumer protections 7 to try to prevent foreclosure, rescue scams -8 where they're going to save them, and really 9 take advantage of them -- in which persons 10 offer to help the homeowners but simply take 11 their money and fail to provide any meaningful 12 services. 13 This is a comprehensive bill that 14 Senator Padavan has worked very, very hard on 15 this. I also must applaud Senator Connor, who 16 was there for the whole six hours during the

17 hearing process. 18 And in all my years on the Banking 19 Committee, and as chairman, I've never seen a 20 superintendent who was so involved with this. 21 He was not only involved in all the 22 negotiations, but he stayed there for the 23 whole six hours during the hearing. He also 24 attended the Banking Committee meeting early 25 in the session to discuss this program and Candyco Transcription Service, Inc. (518) 371-8910 4424 1 talk about the concerns that he has. 2 This is a 31-page bill that is very 3 comprehensive, tries its best to address most 4 of the problems that exist in this area. And 5 you have to realize that whereas anybody 6 that's losing their home, that's a tragic 7 situation. 8 We do have some hot spots in this 9 state, but of course 80-some-odd percent of 10 all the foreclosure subprime problems are in 11 four states: California, Florida, Nevada, 12 Arizona. But New York is addressing this 13 problem. The feds are trying to move on this 14 problem and work on this, with maybe providing 15 billions of dollars, but we'll see what 16 happens there. 17 But I think that we are in the 18 forefront of trying to address this. And it 19 just shows you what can be accomplished when

20 both houses and the Governor work together on 21 this. 22 ACTING PRESIDENT GRIFFO: Thank 23 you, Senator Farley. 24 Senator Klein. 25 SENATOR KLEIN: Thank you, Candyco Transcription Service, Inc. (518) 371-8910 4425 1 Mr. Farley. 2 Mr. President, I believe there's an 3 amendment at the desk. I ask that the reading 4 of the amendment be waived. I would like to 5 have the opportunity to speak on the said 6 amendment. 7 ACTING PRESIDENT GRIFFO: The 8 reading is waived, and you may be heard on the 9 amendment, Senator Klein. 10 SENATOR KLEIN: Thank you, 11 Mr. President. 12 My first amendment would deal with 13 the issue of mandatory upkeep of foreclosed 14 properties. The bill would impose a duty to 15 keep property in a mortgage foreclosure action 16 in a safe condition while the mortgage holder 17 recovers possession of the property, until it 18 is sold, occupied by a renter, or otherwise 19 legally disposed of. 20 This comes out of an issue that my 21 office studied over the last two months where 22 we saw many, many foreclosed properties which

23 are now held by lending institutions not being 24 kept in a pristine manner. 25 One of the things that I've been Candyco Transcription Service, Inc. (518) 371-8910 4426 1 telling people for over a year and a half now 2 is that the subprime lending crisis is an 3 issue that affects each and every one of us. 4 Whether or not you have a home that's ready to 5 be foreclosed upon, whether or not you have a 6 subprime mortgage, we're now seeing the effect 7 on sort of innocent bystanders. Because as 8 these foreclosed properties become 9 dilapidated, as these foreclosed properties 10 stop being taken care of, we're seeing 11 property values plummet in our communities. 12 According to a study that I read, 13 for every foreclosed property on a block, the 14 surrounding homes go down, on average, $5,000. 15 Also, there's no secret that crime goes up 16 every time there's a foreclosed property on a 17 block. 18 The lending institutions were in a 19 very, very big rush to foreclose on these 20 properties and get rid of the homeowners. And 21 now that they own the properties and the 22 market is rather soft, they really don't know 23 what to do. So they're holding them. Some of 24 them are even rented. Some of them are being 25 lived in by squatters.

Candyco Transcription Service, Inc. (518) 371-8910 4427 1 And that's really why I started 2 getting involved in this whole issue, because 3 one of the things that happened in my 4 community, in the Throgs Neck section of the 5 Bronx -- and I'm not trying to gloom-and-doom, 6 but we're going to see more of this over the 7 next year -- is a home that was owned by 8 someone who couldn't make their mortgage 9 payments, they had a subprime mortgage that 10 reset to 12 percent, they lost their home, the 11 bank foreclosed on the property, it remained 12 vacant for about three months, squatters moved 13 in, the basement was being used by a drug den. 14 And we did everything possible to, 15 first, locate the individual that owned the 16 property, which we found out finally was the 17 bank. Then we found out that it was 18 supposedly being watched by a management 19 agent. And it took my office probably about a 20 month to finally move for eviction for the 21 tenants, have the place cleaned up, and bring 22 peace back to this tree-lined street in the 23 Bronx. 24 We're going to see this time and 25 time again. And I think the lending Candyco Transcription Service, Inc. (518) 371-8910 4428 1 institutions who in many cases caused this

2 problem in the first place should have an 3 affirmative duty to maintain these properties. 4 And if they don't, the locality should have 5 the ability to go in, fix up the properties 6 and bill the lending institutions. 7 So I think the legislation before 8 us today, the Governor's program bill, is a 9 very important step in making sure that this 10 problem doesn't occur again within the State 11 of New York. But I think it could be a better 12 bill if we actually add this amendment. 13 Thank you, Mr. President. 14 ACTING PRESIDENT GRIFFO: Thank 15 you, Senator Klein. 16 Is there any other Senator wishing 17 to be heard on the amendment? 18 Senator Savino. 19 SENATOR SAVINO: Thank you, 20 Mr. President. 21 I want to start by saying that the 22 Governor's program bill that has been put 23 forth by Senator Farley is a good bill. It 24 could be better, though. And it could be 25 better and it could be more inclusive if we Candyco Transcription Service, Inc. (518) 371-8910 4429 1 were to adopt Senator Klein's amendment. 2 As he said, about a year and a half 3 ago many of us started public forums in our 4 districts, focusing attention on the subprime

5 lending crisis and how it impacted not just 6 the homeowners but the communities around 7 them. At the time, I remarked that I was 8 quite surprised by the lack of empathy for 9 people who had been caught up in this process. 10 Many homeowners, particularly in Staten 11 Island, felt that this could never happen to 12 them, that they would not have made these 13 risky purchases with their homes. 14 And I reminded many of them at the 15 time they bought their home, these types of 16 loans were not available. You had to have 17 good credit. You had to have a down payment 18 for a house. You had to have a solid 19 employment history. There was no such thing 20 as zero percent down or 100 percent financing 21 or 120 percent financing. Those were not 22 options available to homeowners. 23 That is part of the reason why the 24 subprime lending crisis has exploded. We've 25 had an industry that has not policed itself. Candyco Transcription Service, Inc. (518) 371-8910 4430 1 We could go on and on about many of the 2 problems that this bill doesn't address. But 3 one of the things we are now seeing, and what 4 I predicted then, was that this is an issue 5 that will affect us from Main Street to Wall 6 Street. 7 And if you think that your neighbor

8 losing their home doesn't affect you, it does. 9 It depresses everybody's property value. 10 We've seen a 14 percent reduction in property 11 value on Staten Island because of the subprime 12 lending crisis, because of the rate of 13 foreclosure. And now we're seeing something 14 worse. We're seeing our properties devalued 15 because we have a high number of homes that 16 are bank-owned and the banks are not taking 17 care of these properties. 18 We're seeing vandalism at 19 incredible rates. And if Senator Lanza were 20 in the room, he would agree with me. We're 21 seeing people breaking into new construction, 22 houses that were in the process of being built 23 and builders walked away because they can no 24 longer afford to pay for them, and people are 25 breaking in and stealing the appliances. Candyco Transcription Service, Inc. (518) 371-8910 4431 1 They're stealing the windows. They are 2 vandalizing properties, and they are driving 3 down property value for everyone. 4 So while the Governor's program 5 bill is a good bill, it could be better if we 6 adopted this amendment that says that banks 7 that take these properties have an obligation 8 to take care of them because we are all in 9 this together. Every home that is devalued 10 affects every other homeowner.

11 So I want to thank Senator Klein 12 for his leadership on this issue, and I urge 13 my colleagues to vote in favor of this 14 amendment. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Savino. 17 Senator Padavan. 18 SENATOR PADAVAN: Thank you, 19 Mr. President. 20 We are in the middle, in this state 21 and certainly in this nation, of a crisis that 22 is affecting tens of thousands of families. 23 And this is a major step forward in terms of 24 helping them in a whole variety of ways, not 25 only with their present situation, but dealing Candyco Transcription Service, Inc. (518) 371-8910 4432 1 with predatory lenders, scammers, a whole host 2 of abuses that have impacted the lives of so 3 many people in this state. 4 Now, I agree with Senator Klein: 5 Any property, whomever it is owned by, should 6 be cared for and maintained consistent with 7 the codes and the laws of the City of New York 8 or any other part of our state. 9 But to amend this bill now, the 10 result of intensive efforts on the part of 11 this house, the Assembly and the Governor -12 and I am unaware of any amendment being 13 undertaken in the Assembly or any amendment

14 being conferred by the Governor that would 15 prevent this from becoming law quickly, 16 perhaps even by the end of today if we were to 17 get it through, and I believe we can. To put 18 up this amendment just doesn't make any sense. 19 What I would suggest to you, 20 Senator Klein -- and I would be happy to 21 support your bill -- put in a separate bill 22 that says exactly what you said a moment ago, 23 and let that be operative. And I don't think 24 anybody would oppose it. But what I don't 25 want to see happen is your amendment sidetrack Candyco Transcription Service, Inc. (518) 371-8910 4433 1 this major initiative. 2 Colleagues, we will be the first 3 state in the nation to take these steps. No 4 other state -- and there are many states worse 5 than ours, by the way. Nevada, California, 6 and Florida, a variety of other locations 7 throughout the nation are far worse off than 8 we are in this problem of foreclosures. 9 But we are taking the lead. 10 Hopefully others will follow. Hopefully 11 Congress will wake up to the realization that 12 this is a national problem and they should be 13 dealing with it in a very substantive way. 14 But let's move forward on this bill. Let's 15 get it done. There are thousands of people 16 out there waiting for us to accomplish this

17 fact. 18 Thank you, Mr. President. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Padavan. 21 Senator Schneiderman. 22 SENATOR SCHNEIDERMAN: Thank you, 23 Mr. President. 24 I rise in support of this 25 amendment. And I must disagree with my friend Candyco Transcription Service, Inc. (518) 371-8910 4434 1 Senator Padavan. I think Senator Klein is 2 absolutely correct, and the premise of the 3 argument here for our side of the aisle is 4 that this is a good bill we're passing today; 5 it is a first step and a first step only. 6 We have to continue to work on 7 this. We will be back for a special session. 8 I know my constituents would much rather wait 9 a few weeks and get a bill that requires banks 10 to maintain properties. 11 Senator Klein came up to my 12 district -- and this is a crisis in the inner 13 cities as well as in the suburbs as well as in 14 rural areas. You cannot allow banks who are 15 not property management companies, who are all 16 of a sudden in possession of all of these 17 properties, to allow them to deteriorate. It 18 is a very serious problem in areas where we've 19 worked very hard to reduce crime and to build

20 homeownership and to allow people to own their 21 homes, as in Washington Heights, which I 22 represent. 23 This is a very serious problem. I 24 think Senator Klein is absolutely right, and I 25 think everyone here should vote for the Candyco Transcription Service, Inc. (518) 371-8910 4435 1 amendment. I think we'll have no problem at 2 all getting the Assembly to go along with us. 3 I urge everyone to vote yes, 4 Mr. President. 5 ACTING PRESIDENT GRIFFO: Senator 6 Sabini. 7 SENATOR SABINI: Thank you, 8 Mr. President. On the amendment. 9 I'm going to support Senator 10 Klein's amendment. You know, not only has he 11 done amazing work on this issue in a global 12 sense, but we've heard some mention of other 13 states like Florida and Nevada. And townships 14 in Florida now -- and for those in suburban 15 and rural parts of the state, you should 16 listen up on this. There are townships in 17 Florida now that have passed resolutions that 18 have mandated that once the grass gets to a 19 certain height in a foreclosed property, the 20 locality goes in to maintain the property. 21 Now, it sounds almost comical, but 22 there are townships in Florida now that their

23 maintenance budgets for parks and recreation 24 and for landscape have gone up 35 percent 25 because they have to go into the grounds of Candyco Transcription Service, Inc. (518) 371-8910 4436 1 these foreclosed properties just to get them 2 to look like they're not blighted so that the 3 township doesn't look blighted. 4 So the consequences of this 5 foreclosure crisis have had ripple effects on 6 the economy but ripple effects just on the 7 quality of life for our neighborhoods. And, 8 you know, they sort of set the tone by issuing 9 these loans. We should be calling them to 10 task to maintain the properties so all of us 11 aren't affected by it. 12 I'm going to be voting aye. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Sabini. 15 Senator Montgomery. 16 SENATOR MONTGOMERY: Yes, 17 Mr. President, I rise to support this 18 amendment. 19 And I must say that, you know, 20 Senator Klein has been working on this issue 21 for a number of months. And I believe, if I'm 22 not mistaken, there is -- this is the bill 23 that was introduced by Senator Klein that 24 we're now putting forward, he is putting 25 forward as an amendment.

Candyco Transcription Service, Inc. (518) 371-8910 4437 1 So this is not going to take away 2 any time or opportunity for us to do the 3 Governor's program bill that has been agreed 4 to by both houses. It just means that we have 5 an opportunity to do what the bill does, which 6 is basically mostly prevention. And it seeks 7 to make sure that we don't continue with this 8 serious issue around foreclosing. 9 But what Senator Klein's bill will 10 do is give us an immediate relief from the 11 properties that have already been foreclosed. 12 And that's what we, in neighborhoods like 13 mine, where I have the highest rate of 14 foreclosure in the state and one of the 15 highest in the nation, that would give some 16 immediate relief for those properties that 17 have already been foreclosed. 18 So we need both things to happen. 19 And the one small disagreement -- I am loath 20 to have a disagreement with my Senator -- with 21 Senator Padavan, but I do disagree. I think 22 we can do both of these things, and we can do 23 them by the end of the day if the political 24 will is there. 25 So I support the amendment. I wish Candyco Transcription Service, Inc. (518) 371-8910 4438 1 it were a bill. If it comes forward, I think

2 we should support that. We should also 3 support this bill, the underlying bill, 4 because it is also extremely important. 5 I vote aye on the amendment, 6 Mr. President. 7 ACTING PRESIDENT GRIFFO: Senator 8 Connor. 9 SENATOR CONNOR: Thank you, 10 Mr. President. 11 As the ranking Minority member on 12 Banks, I first want to thank Senator Farley 13 for all of his hard work on this. And Senator 14 Padavan I know was involved in this issue, and 15 of course Senator Klein, who took the lead in 16 wakening the whole state to this issue last 17 summer and fall. 18 I'm going to vote for the 19 amendment. But I want to correct something 20 that a lot of my colleagues have said. You 21 know, people have said the bank that 22 forecloses should take care of the property. 23 And I wish it were true. If banks were 24 involved, your local neighborhood community 25 bank that used to lend people their mortgages, Candyco Transcription Service, Inc. (518) 371-8910 4439 1 we may not have gotten into this problem. 2 The problem with subprime is the 3 mortgage lender, which is usually not the 4 local bank on subprime -- local banks,

5 certainly credit unions, community banks, they 6 don't lend, by and large, subprime. What's 7 happened, though, is the lender has then 8 transferred the paper, the mortgage, to 9 another party that then transferred it to 10 someone who securitized it. 11 All that means is they bundled a 12 whole bunch of these and then sold them to 13 Wall Street, which is why there are billions 14 in losses. 15 And when we get to foreclosure, the 16 person showing up in court foreclosing is the 17 representative of a mortgage servicer 18 provider. And I know from experience, when 19 they're asked by the court "Well, prove you 20 own the mortgage. Where's the note?" they 21 don't have it. 22 They're some service provider 23 located in Minnesota or Chicago or California 24 or Arizona, foreclosing on a property in 25 New York. And when they're successful in Candyco Transcription Service, Inc. (518) 371-8910 4440 1 foreclosing, they end up with the property, 2 some holder in some remote state. 3 So I think that's where we get into 4 the serious problems with not maintaining the 5 properties that have been foreclosed against, 6 because they're so remote they don't care how 7 high the grass gets, they don't care if the

8 shingles are falling off the house, they don't 9 care if the whole neighborhood goes to pot. 10 It's not their neighborhood, it's not their 11 city, it's not their town. 12 And so I think we need -- I'm going 13 to vote for this amendment, but I think we 14 need to keep in mind how this problem arose. 15 And it's those remote, by and large, holders 16 of the paper; we don't even know who they are 17 because they've hired a service provider. 18 And so I would suggest, if this 19 amendment doesn't pass, that we do a similar 20 bill. And I would suggest that localities and 21 the City of New York adopt some local 22 ordinances, as they're entitled to do, about 23 the maintenance of property and, as Senator 24 Sabini pointed out, have the right to go in 25 and maintain the property in the interest of Candyco Transcription Service, Inc. (518) 371-8910 4441 1 keeping the tax rateables in the whole 2 neighborhood up and property values up, and 3 charge back the service provider a hefty fee 4 for doing it. 5 So there are ways to approach this. 6 I think the amendment is a good idea. I'm 7 going to vote for it. But I want everybody to 8 understand the problem. It's just not as 9 simple as the banker across town now holds the 10 property. It's somebody Lord knows who they

11 are and where they are. 12 Thank you, Mr. President. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Connor. 15 Is there any other Senator wishing 16 to be heard on the amendment? 17 On the amendment, those Senators in 18 agreement please signify by raising your 19 hands. 20 THE SECRETARY: Those recorded in 21 agreement are Senators Adams, Aubertine, 22 Breslin, Connor, Diaz, Dilan, Duane, Gonzalez, 23 Hassell-Thompson, Huntley, C. Johnson, Klein, 24 L. Krueger, Montgomery, Onorato, Oppenheimer, 25 Parker, Perkins, Sabini, Sampson, Savino, Candyco Transcription Service, Inc. (518) 371-8910 4442 1 Schneiderman, Serrano, Smith, Stachowski, 2 Stavisky, Stewart-Cousins, Thompson and 3 Valesky. 4 ACTING PRESIDENT GRIFFO: The 5 amendment is not agreed to. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 believe there's a second amendment at the 9 desk. I ask that the reading of the amendment 10 be waived and would like to be heard on the 11 said amendment. 12 ACTING PRESIDENT GRIFFO: The 13 reading is waived, and you may be heard on the

14 second amendment. 15 SENATOR KLEIN: Thank you, 16 Mr. President. 17 My second amendment would impose a 18 one-year foreclosure moratorium. It's an 19 identical bill to a bill that was introduced 20 in this body by Senator Padavan. 21 I know the legislation before us 22 today does lengthen the foreclosure process, 23 which I think is a good thing. But when you 24 look at the statistics from last year, 25 nationally, 57 percent of people who lost Candyco Transcription Service, Inc. (518) 371-8910 4443 1 their homes due to foreclosure had absolutely 2 no contact with their lending institutions. 3 No contact whatsoever. 4 One of the things that I'm very 5 proud that I was part of with the Democratic 6 conference is, I think, a very novel approach 7 and I believe a program that should be 8 replicated nationwide. We started a program 9 about six months ago called Operation Protect 10 Your Home. It makes a tremendous amount of 11 sense in the light of the fact that all of 12 these people find it very difficult to sit 13 down and speak to their lending institutions. 14 What we do is very, very simple. 15 We first identify distressed borrowers in a 16 community, people who are 30 to 120 days late

17 on their mortgage payments, we send them 18 letters to show up at a specific location, 19 usually in a school. And the beauty of the 20 program is we have the lending institution 21 there with the borrower, face to face, in the 22 hope of modifying the mortgage. 23 Through the many hearings that 24 myself and my colleagues had throughout the 25 state this past summer, we found many, many Candyco Transcription Service, Inc. (518) 371-8910 4444 1 people were steered into the subprime mortgage 2 crisis. You're always going to get people who 3 probably shouldn't have gotten a mortgage in 4 the first place. But what we heard of more 5 from people was -- people who had the 6 10 percent to put down, they were better off 7 if they were in a 30-year fixed-rate mortgage, 8 but instead they were told by a lending 9 institution, a mortgage broker, not to worry 10 about it. 11 When they asked "What do I do when 12 the adjustable rate mortgage resets to 10, 11, 13 12 percent?" they were told, "You'll be able 14 to refinance based on the new-found equity in 15 your home." 16 Well, here we are, and that equity 17 in the home did not increase, and now people 18 are forced to pay very, very high interest 19 rates. What we found through our program is

20 people can pay 5, 6, even 7 percent. They 21 can't pay 10, 11 and 12 percent. 22 So the ability to sit down with the 23 lending institution, get a financial workout 24 in the hope of modifying a mortgage, has 25 proved very, very successful. We've had these Candyco Transcription Service, Inc. (518) 371-8910 4445 1 forums all over the state. 2 And I think we really need the 3 moratorium, because I'd like to sort of put a 4 pause on this whole problem and give people 5 the ability to sit down with their lending 6 institutions in the hope of modifying their 7 mortgages. 8 We really have to take a very 9 strategic approach to this and prevent as many 10 mortgage foreclosures as we can. Because as 11 we see, this is not only having an impact on 12 our housing market, which for many of us is 13 the most important financial investment we'll 14 ever make in our entire lives, but it's also 15 having a tremendous impact on our financial 16 market as well. 17 So if we can just stem the tide of 18 foreclosures by having people modify mortgages 19 through a program like we started with the 20 Banking Department, I think we'll go a long 21 way towards helping out many people. 22 I do want to say thank you to

23 Senator Farley for bringing this bill to the 24 floor. 25 And I like to remind people this Candyco Transcription Service, Inc. (518) 371-8910 4446 1 problem could have been prevented in New York 2 State. Senator Farley probably knows that 3 several years ago we passed and the Governor 4 signed it into law, then-Governor Pataki, 5 probably the strongest anti-predatory lending 6 bill anywhere in the nation. Maryland 7 followed suit and New Jersey followed suit. 8 And just by way of background, the 9 Comptroller of the Currency on the federal 10 level ruled this unconstitutional because of 11 preemption. This was upheld by the United 12 States Supreme Court. 13 So what I'm trying to say is we 14 probably wouldn't have been impacted in the 15 same way if this law was allowed to be 16 implemented in the State of New York. 17 But I think that we all can breathe 18 some sigh of relief that we now have a law in 19 place that makes sure that this doesn't happen 20 again within the State of New York. But 21 clearly, the federal government had to act as 22 well. Most of us probably know we only have 23 control over state-chartered banks. So 24 clearly the feds have to do something as well. 25 But I think, more importantly, we

Candyco Transcription Service, Inc. (518) 371-8910 4447 1 have to be very, very mindful of helping those 2 people who are in danger of foreclosure now. 3 We have to make sure that the American dream 4 of homeownership is kept alive for many, many 5 more generations. 6 So I hope we would pass a 7 moratorium bill today in addition to this 8 legislation, even if it is Senator Padavan's 9 stand-alone bill, because I think we still 10 need to give people time to sit down with 11 their lending institutions in the hope of 12 modifying their mortgages, and keep their hope 13 alive as far as them being part of the 14 American dream. 15 Thank you, Mr. President. 16 ACTING PRESIDENT GRIFFO: Is 17 there any other Senator wishing to be heard on 18 the amendment? 19 On the amendment, those Senators in 20 agreement please signify by raising your 21 hands. 22 SENATOR PADAVAN: Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Padavan, to speak on the amendment. 25 SENATOR PADAVAN: Of course I Candyco Transcription Service, Inc. (518) 371-8910 4448 1 appreciate your generosity, Senator Klein, in

2 advancing our bill, the Brennan-Padavan bill, 3 in terms of the foreclosure time frame. 4 You know, over the past year as 5 we've been working on that legislation, we've 6 had a great deal of time and input in terms of 7 what this process is all about. This bill 8 does provide for an opportunity and a 9 mandatory requirement that would bring both 10 the lender and the borrower together so they 11 would reach -- so they would reach a 12 settlement, because certainly banks -13 ACTING PRESIDENT GRIFFO: Senator 14 Padavan, excuse me. 15 Could we please have order, 16 particularly in the back of the chamber. 17 Thank you. 18 Senator Padavan. 19 SENATOR PADAVAN: Certainly banks 20 do not want to be in the real estate business. 21 And we understand all of the problems of their 22 ownership providing, in terms of the 23 destruction and the downgrading of the 24 community when you have house after house with 25 foreclosure signs on them. Candyco Transcription Service, Inc. (518) 371-8910 4449 1 One of the problems is of course 2 that the banks in many cases aren't the 3 holders of the mortgage. And you have to 4 search out who really does own that property,

5 where is the mortgage, how has it been 6 bundled, how has it been sold to some other 7 entities similarly unknown. 8 And then you have the people who 9 come and in scam the individual whose house is 10 under threat of foreclosure: "I've got a 11 solution for you, we'll take care of all your 12 problems, here, sign on the dotted line." And 13 that dotted line would put the person in a 14 deeper hole than he was in the beginning. And 15 so these scamming artists are a problem that 16 we found out about that we were not fully 17 aware of. 18 We had this entire issue of how to 19 set an appropriate benchmark for the 20 settlement to achieve. What would it be, 3 21 points above prime, 1.7 above prime? Where is 22 an appropriate level to bring that person 23 who's being imposed upon and punished by an 24 adjustable rate mortgage? Which is a big part 25 of the problem. All of those issues and more, Candyco Transcription Service, Inc. (518) 371-8910 4450 1 including the $25 million we put in the budget 2 to provide legal advice to those people who 3 will be or are in this kind of a situation. 4 Now, when all of that was 5 presented, both houses, to the Governor and 6 his counsels, the State Banking Department, 7 the commissioner, they had a different point

8 of view. Whether we agree with it or not, it 9 is their point of view. 10 Now, when the Governor was asked 11 last week, directly, "What do you think, and 12 why are you not supporting a one-year 13 moratorium?" his response was very pointed and 14 very specific. He said in terms of available 15 credit to the market, in terms of its impact 16 on the existing problem, it would be more 17 destructive to do that than what we are 18 proposing at that particular moment in time as 19 he was explaining the legislation that is now 20 before us. 21 The bottom line is that's what was 22 deemed appropriate and beneficial. We can 23 debate till the cows come home as to whether 24 or not it's the ultimate solution, whether 25 there's a better solution, whether one year, Candyco Transcription Service, Inc. (518) 371-8910 4451 1 nine months, a year and a half, two years, 2 whatever. Keeping in mind that in our state 3 today, without any legislation, we have more 4 time available to the mortgagee in any 5 foreclosure situation than any state in the 6 nation. So when we add 90 days and we add all 7 the other things in this bill, we're over a 8 year and then some. But that's, again, not 9 the issue. 10 The issue is what has been agreed

11 upon by both houses and, most importantly, 12 proposed by the Governor. Because this is the 13 Governor's bill we're dealing with. And as I 14 said earlier, let this go by us, mess it up, 15 amend it, and we will achieve nothing. 16 Now, even the most enthusiastic 17 proponents of the one-year moratorium said 18 just the other day -- it was in the New York 19 Times -- ACORN, a strong advocacy group on 20 behalf of people who are in this terrible 21 situation: This is a good bill, it will do a 22 lot. And moreover, if we'd done this a long 23 time ago, the requirements in this legislation 24 had been in effect, many of the problems that 25 people are experiencing today simply would not Candyco Transcription Service, Inc. (518) 371-8910 4452 1 have occurred. And they're right. 2 So even ACORN is saying we must do 3 this. May not be as much as they sought to 4 achieve at the outset, but we should do this. 5 As has said Assemblyman Brennan, the sponsor 6 of our bill, to whom I owe a great deal of 7 gratitude for having generated much of its 8 content. He too has said if we hadn't gone 9 that far, we wouldn't be where we are today. 10 And where we are today in this bill is a long 11 way in the right direction. 12 So I suggest to you you can pass 13 any amendment you want. And if you do that,

14 you kill the bill. And if you kill the bill, 15 you're hurting people. And I don't think 16 that's what you want to do. 17 ACTING PRESIDENT GRIFFO: Senator 18 Hassell-Thompson, on the amendment. 19 SENATOR HASSELL-THOMPSON: Thank 20 you, Mr. President. 21 In January of this year, Operation 22 PUSH and many other organizations came forward 23 asking the federal government to put a 24 moratorium on foreclosures because in December 25 of 2007, over 2 million households foreclosed. Candyco Transcription Service, Inc. (518) 371-8910 4453 1 When we looked at the maps of the 2 national average and looked at the numbers of 3 homeownership losses incurred in the State of 4 New York is when many of us began to move with 5 Senator Klein to put together an effort at 6 least for New York State to do a moratorium. 7 Since January, I can't tell you yet 8 the numbers of foreclosures, but every day 9 there continues to be a significant number. 10 You heard Senator Connor describe the process 11 by which banks turn over these loans to 12 servicers. Well, those servicers are not 13 waiting for three months for you to get not 14 even the prerequisite 90 days, they are doing 15 foreclosure letters after one month. And 16 people are in a state of panic.

17 But more than the loss of homes, it 18 speaks to what is happening to neighborhoods 19 and communities based on these foreclosures. 20 People who have made major investments in 21 their homes are also affected. This is a 22 domino effect. 23 We're asking for the moratorium, 24 even though banks are not because they stand 25 to continue to make money every day in late Candyco Transcription Service, Inc. (518) 371-8910 4454 1 charges and fees. We're saying that we need 2 time for people to receive the proper kind of 3 counseling in order to make the right deals to 4 get them out of these foreclosure situations. 5 We're asking for this amendment to be passed 6 in support of not just the people who are 7 affected, but our communities as a whole. 8 So, Mr. President, I am asking all 9 of my colleagues in this house to support 10 Senator Klein in his amendment because I think 11 it is good public policy. 12 ACTING PRESIDENT GRIFFO: Thank 13 you. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 agreement are Senators Adams, Aubertine, 17 Breslin, Connor, Diaz, Dilan, Duane, Gonzalez, 18 Hassell-Thompson, Huntley, C. Johnson, Klein, 19 L. Krueger, Montgomery, Onorato, Oppenheimer,

20 Parker, Perkins, Sabini, Sampson, Savino, 21 Schneiderman, Serrano, Smith, Stachowski, 22 Stavisky, Stewart-Cousins, Thompson and 23 Valesky. 24 ACTING PRESIDENT GRIFFO: The 25 amendment is not agreed to. Candyco Transcription Service, Inc. (518) 371-8910 4455 1 On the bill, Senator Farley. 2 SENATOR FARLEY: Thank you, 3 Mr. President. 4 Let me just say that the whole 5 focus and thrust of this bill and the major 6 part of it is to avoid foreclosure. To avoid 7 foreclosure. That's what we're trying to 8 accomplish here. And the 90 days before they 9 can foreclose, where they must meet, counsel, 10 negotiate to prevent foreclosure, is rather 11 significant. And I think that's what 12 accomplishes it. 13 You know, what you're saying, 14 Senator Klein, in regard to taking care of the 15 property, that has merit, there's no question 16 about it. Of course the municipality could 17 jump in there and make the lender do that or 18 put a lien on it and charge them and that sort 19 of thing. And so that has some merit. But 20 that bill was not in my committee. 21 But as far as extending and giving 22 another year, this is after they have been in

23 foreclosure for 440 days. They just keep 24 getting deeper and deeper into debt. The 25 Governor said that, speaking about that. We Candyco Transcription Service, Inc. (518) 371-8910 4456 1 want to prevent foreclosure. That's what we 2 want to prevent. We want to have people save 3 their homes. 4 This is a very sophisticated, 5 complicated and comprehensive piece of 6 legislation that tries to address so many of 7 the things that are wrong in this area, the 8 fraud that has been -- how people have been 9 duped, taken advantage of with teaser rates 10 and so many things. And we're trying to 11 address so many things here. 12 It's been agreed upon. Nothing is 13 perfect in this house, nobody passes a perfect 14 bill. But this really addresses a problem 15 which in my judgment is going to be landmark 16 legislation, as New York has always been in 17 the financial area, leading the nation in 18 doing something. 19 You know, the predatory lending 20 which was addressed before, which was my 21 legislation, has prevented New York from 22 becoming one of the worst foreclosure states 23 in the nation. There are pockets. 24 Incidentally, these subprime loans 25 that we're talking about, they don't even make

Candyco Transcription Service, Inc. (518) 371-8910 4457 1 them upstate. Unfortunately, they don't even 2 make them. What does this do? It allows a 3 person with less than perfect credit to get a 4 loan, to buy a home. So, you know, we don't 5 want to wipe out the subprime market totally. 6 So it's a balancing act. 7 And consequently, I just want to 8 allude to one other thing in here. What is a 9 subprime loan? It is something that is taken 10 every month by the average mortgage rate in 11 the Northeast. And anything 1.75 above that 12 is considered a subprime loan. 13 Now, the Superintendent of Banks is 14 able to look at this and adjust that if it's 15 killing the market. Or he can lower it if 16 it's creating a lot of problems. So that 17 gives the Superintendent of Banks flexibility 18 to keep this market open to those that really 19 need and deserve subprime loans. 20 Now, let's hope that this market 21 gets better. The real estate market, I think, 22 is improving. 23 Incidentally, in the City of 24 Buffalo, I understand -- and I don't know this 25 for sure -- that the city has moved against Candyco Transcription Service, Inc. (518) 371-8910 4458 1 some of these lenders to take care of their

2 property. So it can be done on a local level. 3 But with that, I ask everybody to 4 support this legislation. It's the best we 5 can do. It is agreed upon by the Assembly, 6 agreed upon by the Governor. And it is 7 desperately needed to help our homeowners in 8 this state. 9 ACTING PRESIDENT GRIFFO: Senator 10 Savino. 11 SENATOR SAVINO: Thank you, 12 Mr. President. On the bill. 13 First, again, I would like to thank 14 Senator Farley for the work that he's done on 15 this bill, and the Governor for putting it 16 forward. And as I said earlier, it's a good 17 bill, but it's not good enough, and it could 18 be better. 19 I believe that we need to include 20 in this bill a moratorium on foreclosures. I 21 believe we need to include in this bill the 22 requirement that banks that take properties 23 back through the foreclosure process are 24 required to take care of those properties. 25 I also believe that what should be Candyco Transcription Service, Inc. (518) 371-8910 4459 1 included in this bill is financial literacy 2 for first-time homebuyers. The subprime 3 lending market was never designed for 4 first-time homebuyers. It was designed to

5 allow easy credit to investors so they 6 wouldn't have to tie up all of their equity as 7 they invested in properties and sold them and 8 resold them. It was never meant for the 9 first-time homebuyer. 10 People putting down money for their 11 first home should have minimally a down 12 payment. The SONYMA mortgage program is 13 probably the best mortgage program for 14 first-time homebuyers. It requires a 15 5 percent down payment. It requires proof of 16 income. It requires that the risk be 17 minimized to not just the seller but to the 18 homebuyer, with the recognition that stability 19 in a person's economics is good for that 20 person. 21 The subprime lending market 22 violates all of those rules for first-time 23 homebuyers. We need to make sure that a 24 person who sits down to make their first 25 purchase understands what they're getting Candyco Transcription Service, Inc. (518) 371-8910 4460 1 into. 2 Many of us in this room have bought 3 homes. When I bought my first home, I was 4 very lucky. One, I had the down payment. 5 Two, I had excellent credit. Three, I had a 6 free legal service benefit available to me, so 7 I had my own lawyer.

8 Far too often people are going in 9 to purchase homes, they are buying homes from 10 mortgage brokers, mortgage brokers who have 11 relationships with appraisers, appraisers who 12 overvalue property so the mortgage broker can 13 sell a bigger loan and make a maximum problem 14 profit for themselves. 15 Nobody explains to the homebuyer 16 what they're getting themselves into. Nine 17 times out of ten, they don't have an attorney. 18 They're told they don't need an attorney. 19 There's a bank attorney there, and the bank 20 attorney tells them that they can explain it. 21 Well, many of you in this room are 22 attorneys. You know you cannot represent two 23 people. I believe that might even be a 24 violation of the code of ethics. 25 We need to make sure that Candyco Transcription Service, Inc. (518) 371-8910 4461 1 homebuyers know that they're doing, so there 2 should be a requirement for financial 3 literacy. That does not exist. We should put 4 that in this bill. 5 There is work yet to be done on 6 this. I'm going to vote for this, Senator 7 Farley, because we do need to do something. 8 But I think we still need to do more. 9 I spoke earlier of our Operation 10 Protect Your Home project. In February of

11 this year, we hosted that forum -- excuse me, 12 March of this year. We brought that forum to 13 Staten Island. With the pressure of Operation 14 Protect Your Home, the New York State Banking 15 Commission, and the city and state 16 comptroller's offices, we got 19 lenders to 17 come to that forum. 18 Senator Lanza and I and Senator 19 Klein and several other members of the 20 conference went to that forum held at the 21 College of Staten Island. We were able to 22 identify 2,113 Staten Island homeowners who 23 were at risk for foreclosure or were already 24 in foreclosure. Six hundred of them showed up 25 that day. And since then, several hundred Candyco Transcription Service, Inc. (518) 371-8910 4462 1 more have contacted my office and Senator 2 Lanza's office. 3 We have been able to help a 4 significant number of those homeowners -- I 5 believe it's 312 to date -- to keep their 6 homes. Through a voluntary modification 7 process that we put in place with Operation 8 Protect Your Home, we've been able to do that. 9 But the problem with this 10 particular bill, and the reason why I think we 11 need the moratorium, is not one of those 12 homeowners that we were able to help through 13 Operation Protect Your Home would be helped by

14 this piece of legislation, because it's too 15 late for too many of them. 16 We cannot allow that to happen. 17 There are thousands of homeowners who need our 18 help today. And I think we cannot leave them 19 behind as we go forward. 20 So I'm going to vote for this bill, 21 Senator Farley, because it is a good bill. 22 But it could be better. 23 ACTING PRESIDENT GRIFFO: Senator 24 Hassell-Thompson. 25 SENATOR HASSELL-THOMPSON: Thank Candyco Transcription Service, Inc. (518) 371-8910 4463 1 you, Mr. President. On the bill. 2 Senator Farley said that we don't 3 want to wipe out the subprime lending market. 4 I'm not sure that I agree with Senator Farley. 5 I sat on the Banking Committee with Senator 6 Farley until last year, since from almost the 7 first year I came here. And my understanding 8 of the banking business is certainly nowhere 9 near as sophisticated as his. 10 But what I do understand very 11 clearly is that if banks want to be in the 12 business of doing mortgages, then they need to 13 be in the banking business with the mortgage 14 for the entire life of the mortgage. The 15 whole idea of giving mortgages to servicers 16 takes away their obligation and responsibility

17 to the commitment that they made to the 18 lender. That's number one. 19 The moratorium, as you heard in the 20 very tail end of Senator Savino's 21 presentation, says that for the group of 22 borrowers that we're talking about, this bill 23 would do nothing. And we're as concerned not 24 only about future lending practices, but we're 25 worried about those who have already Candyco Transcription Service, Inc. (518) 371-8910 4464 1 foreclosed, for whom this bill gives no 2 relief. 3 The other concern that I have is 4 that if we need to incentivize ways for banks 5 to be in the business of giving them extra 6 points for those that they do lending to that 7 don't have absolutely perfect credit, that's 8 an opportunity for us to have another 9 discussion. 10 But I think that the more layers 11 that we continue to have between the borrower 12 and the person who is responsible for the 13 lending makes it really difficult, because 14 there are many times -- and I can tell you 15 this from personal experience. Many times, 16 once the bank does a loan with you and a 17 servicer takes it over, if there's a 18 discrepancy, the bank will tell you one thing 19 but the servicer will do something completely

20 different. 21 Our subprime lending market does 22 not, in my opinion, have the level of 23 monitoring and regulatory rules that I think 24 that it needs to have. So I'm not as excited 25 about keeping this secondary layer as many of Candyco Transcription Service, Inc. (518) 371-8910 4465 1 my colleagues are. 2 And I think that we need to be, 3 again, giving the right incentives to our 4 banks to, if they're going to be in the 5 mortgage business, be in the business of doing 6 mortgages and not give the responsibility -7 because the contract was never made with the 8 servicer. The contract between the lender and 9 the borrower was made at a primary level, not 10 at the subprime level. 11 So I really become concerned when 12 we institutionalize behavior even when that 13 behavior is bad. And this has been a very 14 unfortunate kind of bad behavior on the part 15 of a lending structure that has seeped into 16 our lending market. 17 And if you don't believe that we've 18 only seen the tip of the iceberg, you need to 19 be talking to people who are in the business. 20 And they will tell you that this is not 21 anywhere near the end of what we're going to 22 be seeing in this lending market.

23 So I think that the minus of this 24 moratorium is not going to put a tourniquet, 25 as they say in the nursing profession, on a Candyco Transcription Service, Inc. (518) 371-8910 4466 1 very bad bleeding problem that we have in 2 terms of our economy in the State of New York 3 as well as in this country. 4 ACTING PRESIDENT GRIFFO: Senator 5 Farley. 6 SENATOR FARLEY: Yes, just a 7 couple of things I wanted to mention. 8 At the insistence of Senator 9 Padavan -- incidentally, to address people 10 that are already in foreclosure, this was 11 something the Senate added to the Governor's 12 program bill, that persons with subprime loans 13 who are already in the foreclosure process 14 will be given the opportunity to request a 15 settlement conference. In other words, to 16 help them through this. 17 So we are addressing some of that 18 for those that are already in foreclosure. 19 Actually, we hope that the federal government 20 may come up with billions to help people that 21 are in foreclosure. 22 I do want to address some concerns 23 that Senator Savino had, which are already in 24 the bill. We have a duty of care for mortgage 25 brokers. We prohibit improper influence of

Candyco Transcription Service, Inc. (518) 371-8910 4467 1 real estate appraisals. We regulate the 2 mortgage loan servicers. We address mortgage 3 fraud. We have criminal and civil penalties 4 in this area. We prevent foreclosure rescue 5 scams. We require foreclosure notices. All 6 of these things. 7 But again, let me just say the 8 thrust of this whole legislation, I think, 9 which makes it kind of unique and significant, 10 we're trying to prevent foreclosures. Banks 11 don't want foreclosures. They don't to be in 12 the real estate business. And we're trying to 13 prevent people from going into foreclosure. 14 And some of the things that -15 there's no question about it -- that have 16 happened with scams and teasers and all of 17 these things, we're trying to address that in 18 the legislation. 19 It is complicated. It's long, it's 20 31 pages. But by and large, we try and 21 address most of the problems we can. It's a 22 pretty good piece of legislation and one that 23 needs to be done, and I urge my colleagues to 24 support it. 25 ACTING PRESIDENT GRIFFO: Is Candyco Transcription Service, Inc. (518) 371-8910 4468 1 there any other Senator wishing to be heard on

2 the bill? 3 Senator Marcellino. 4 SENATOR MARCELLINO: Yes, 5 Mr. President. I want to say thank you to my 6 colleague Hugh Farley for his efforts and his 7 work on this very, very complicated and 8 important piece of legislation. 9 You know, I hear calls that we've 10 got to do more, we should have done this, we 11 should have done that. You know, there's 12 never a time when you do a bill, especially 13 one as complicated and as controversial as 14 this one, that you don't want to do more and 15 you didn't want to do something. But 16 compromise is always necessary to get a 17 result. 18 In our business we always run the 19 risk of letting the perfect be the enemy of 20 the good. This bill is not perfect, but it's 21 a very, very good bill. I think we have to 22 support it enthusiastically. 23 And I again thank Senator Farley 24 for taking the lead and getting this work 25 done. I intend to vote aye. Candyco Transcription Service, Inc. (518) 371-8910 4469 1 ACTING PRESIDENT GRIFFO: Any 2 other Senator wishing to be heard on this 3 bill? 4 The debate is closed. The

5 Secretary will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 28. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 Robach, to explain his vote. 14 Remember, we are on explanation of 15 votes now, to all the members. 16 Senator Robach. 17 SENATOR ROBACH: Yes, 18 Mr. President, I rise to support this bill. 19 And I want to thank the Governor, Senator 20 Farley. 21 While there's challenges, I still 22 think a huge part of the American dream is to 23 not only own a home but maintain a home, and 24 having -25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 4470 1 Robach, excuse me. 2 Thank you. Senator Robach, you may 3 continue. 4 SENATOR ROBACH: -- and trying to 5 have the best resources, programs in place to 6 do that is critically important. 7 We know there's been some failures

8 in the past that has got us a result that we 9 don't like for a lot of people and a lot of 10 communities. But this legislation really does 11 take us from a very, very different place of 12 where we were to where we'll go with this. 13 This is going to add a counseling 14 component, which has been critically important 15 to Rochester, the city I represent, of keeping 16 people in this exact situation in their home; 17 duty of care of mortgage loan servicers; 18 stricter penalties for those people who do not 19 follow the rules, let people know what that 20 rate is of swinging from high to low. 21 This is a good, good step in the 22 right direction. And we are leading the 23 charge in the country. My guess is this 24 legislation that we're passing here will be 25 duplicated in a lot of other states. I think Candyco Transcription Service, Inc. (518) 371-8910 4471 1 it's a huge step in the right direction for 2 people to avoid this crisis. 3 Now that the public is much more 4 informed, coupled with this legislation, 5 hopefully will go a long way to stopping this 6 from occurring in the future and not only 7 hurting families trying to maintain their 8 homes but avoid some of the things we've all 9 spoken about earlier, empty properties 10 throughout the municipalities we represent, or

11 those not covered. 12 And I'm happy to cast my vote in 13 the affirmative. 14 ACTING PRESIDENT GRIFFO: Senator 15 Robach to be recorded in the affirmative. 16 Senator LaValle, to explain his 17 vote. 18 SENATOR LaVALLE: Thank you, 19 Mr. President. 20 I want to congratulate Senator 21 Farley. I know he's worked very hard, very 22 diligently, held hearings on this very 23 subject. 24 In doing some work in the 25 foreclosure area, I think one of the things is Candyco Transcription Service, Inc. (518) 371-8910 4472 1 a truism, that the banks do not want to be in 2 the real estate business. And there are times 3 in the process where you really need to bring 4 people together to say how can we ensure that 5 the individual stay in the home and 6 restructure the agreement. 7 So I think this will allow, in this 8 legislation, processes and opportunities for 9 people just to do that and for the individual 10 homeowner to receive the kind of counseling 11 and guidance that they need to see this 12 through to the end. 13 So, Senator Farley, I think you've

14 done a great service to individuals who many 15 times get themselves into a situation or are 16 victimized by bad economic times, to be able 17 to stay in their home and make sure that their 18 family has an opportunity to continue to live 19 in the community that they so love and the 20 reason why they moved there. 21 I vote yes. 22 ACTING PRESIDENT GRIFFO: Senator 23 LaValle to be recorded in the affirmative. 24 Senator Alesi, to explain his vote. 25 SENATOR ALESI: Thank you, Candyco Transcription Service, Inc. (518) 371-8910 4473 1 Mr. President. 2 I know that a significant amount of 3 work has gone into this bill. And listening 4 to my colleagues, it's clear to me that 5 everyone here understands the importance of 6 protecting those people who are on thin ice 7 when it comes to owning their homes, owning 8 that piece of the American dream that so many 9 people have fought and worked so hard for. 10 This not only strengthens that 11 American dream of homeownership for the 12 average person who is caught unawares, 13 sometimes, when they get involved in 14 mortgages, it also strengthens the entire 15 industry. It's good for commerce and industry 16 as well to have such strength in our lending

17 laws. 18 But let me say this. When people 19 are running into trouble on their mortgage 20 payments, it's not just the principal and 21 interest that causes that struggle. There's a 22 third element for most people that are making 23 monthly payments. It's a thing called escrow. 24 It's a thing called taxes, property taxes. 25 And while we're working so nobly on Candyco Transcription Service, Inc. (518) 371-8910 4474 1 helping those people who are struggling to 2 make their mortgage payments, let's remember 3 one other thing. We have to do something here 4 before we leave this town about property 5 taxes, because that's a significant component 6 of what people have to face every month when 7 it comes to staying in their homes and 8 affording homeownership. 9 Property taxes, coupled with 10 affordability and mortgage payments. We can't 11 do something without doing all of this. We 12 have to deal with property taxes as well as 13 this issue. 14 I'd like to congratulate Senator 15 Farley for this struggle that he has gone 16 through putting this bill together to make 17 sure that it works well for everyone. But let 18 us all continue to recognize that there is 19 another cost of homeownership in New York

20 State that's running away from the average 21 citizen, and it's property taxes. 22 ACTING PRESIDENT GRIFFO: Senator 23 Alesi to be recorded in the affirmative. 24 Senator Farley, to explain his 25 vote. Candyco Transcription Service, Inc. (518) 371-8910 4475 1 SENATOR FARLEY: I just want to 2 say thank you to my colleagues on both sides 3 of the aisle, to Senator Connor, my Banking 4 Committee, and Ruth, who was my ranker for a 5 number of years, and Senator Padavan, who's 6 worked so hard on this legislation. 7 To see this controversial piece of 8 legislation, which is one of the most 9 significant we're passing this year, to be 10 passed unanimously in this house and perhaps 11 in the other house and it's going to be signed 12 by the Governor, that's rather significant. 13 And I want to thank Peter Edman and 14 Bernie McGarry, who worked through the night 15 without any sleep for the whole past week. 16 They're both here. 17 You know, we're very grateful to 18 all these people that have made this happen. 19 And I have to say thank you to my colleagues. 20 I vote aye. 21 ACTING PRESIDENT GRIFFO: Senator 22 Farley to be recorded in the affirmative.

23 Announce the results. 24 THE SECRETARY: In relation to 25 Calendar Number 2077: Ayes, 61. Nays, 0. Candyco Transcription Service, Inc. (518) 371-8910 4476 1 Senator C. Kruger absent from 2 voting. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 Senator Little. 6 SENATOR LITTLE: Thank you, 7 Mr. President. 8 Could we return to Calendar Number 9 2094, by Senator Morahan. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 SENATOR LITTLE: Mr. President, 13 please lay that aside for the day. 14 ACTING PRESIDENT GRIFFO: The 15 bill is laid aside for the day. 16 Senator Little. 17 SENATOR LITTLE: Thank you. 18 Could we take up Calendar Number 2097, please. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 2097, by the Senate Committee on Rules, Senate 23 Print 8679A, an act to establish a workgroup. 24 SENATOR LITTLE: Is there a 25 message of necessity at the desk?

Candyco Transcription Service, Inc. (518) 371-8910 4477 1 ACTING PRESIDENT GRIFFO: There 2 is a message of necessity at the desk. 3 SENATOR LITTLE: Thank you. 4 Mr. President, I move to accept the message of 5 necessity. 6 ACTING PRESIDENT GRIFFO: All in 7 favor of accepting the message of necessity 8 indicate by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT GRIFFO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT GRIFFO: The 14 message is accepted. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 Senator Little. Candyco Transcription Service, Inc. (518) 371-8910 4478 1 SENATOR LITTLE: Thank you,

2 Mr. President. 3 Could we now temporarily lay aside 4 the controversial reading of this calendar and 5 return to motions and resolutions. I believe 6 we have some. 7 ACTING PRESIDENT GRIFFO: The 8 bills on Senate Supplemental Calendar 63A will 9 be laid aside temporarily, and we will return 10 now to the order of motions and resolutions. 11 Senator Fuschillo. 12 SENATOR FUSCHILLO: Thank you, 13 Mr. President. 14 On behalf of Senator Nozzolio, I 15 wish to call up Senate Print Number 7844A, 16 recalled from the Assembly, which is now at 17 the desk. 18 ACTING PRESIDENT GRIFFO: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1635, by Senator Nozzolio, Senate Print 7844A, 22 an act in relation to authorizing the Town of 23 Webster. 24 SENATOR FUSCHILLO: I now move to 25 reconsider the vote by which the bill was Candyco Transcription Service, Inc. (518) 371-8910 4479 1 passed. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll on reconsideration. 4 (The Secretary called the roll.)

5 THE SECRETARY: Ayes, 61. 6 SENATOR FUSCHILLO: I now offer 7 the following amendments. 8 ACTING PRESIDENT GRIFFO: The 9 amendments are accepted. 10 SENATOR FUSCHILLO: Mr. 11 President, I move to recommit Senate Print 12 Number 8655, Calendar Number 2094 on the order 13 of third reading, to the Committee on Rules, 14 with instructions to said committee to strike 15 out the enacting clause. That's on behalf of 16 Senator Morahan. 17 ACTING PRESIDENT GRIFFO: So 18 ordered. 19 SENATOR FUSCHILLO: Mr. 20 President, on behalf of Senator LaValle, on 21 page number 50 I offer the following 22 amendments to Calendar Number 1529, Senate 23 Print Number 7497A, and ask that said bill 24 retain its place on the order of Third Reading 25 Calendar. Candyco Transcription Service, Inc. (518) 371-8910 4480 1 ACTING PRESIDENT GRIFFO: The 2 amendments are received and adopted, and the 3 bill will retain its place on the Third 4 Reading Calendar. 5 Thank you, Senator Fuschillo. 6 SENATOR FUSCHILLO: Thank you. 7 ACTING PRESIDENT GRIFFO: Senator

8 Little. 9 SENATOR LITTLE: Thank you, 10 Mr. President. 11 Could we now take up the active 12 list calendar for today. 13 ACTING PRESIDENT GRIFFO: We will 14 now take up the noncontroversial active list 15 for June 23, 2008. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 108, by Senator Hannon, Senate Print 4459, an 19 act to amend the Public Health Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 4481 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 237, substituted earlier today by Member of 7 the Assembly Scarborough, Assembly Print 8 Number 5258C, an act to amend the Social 9 Services Law and the Family Court Act. 10 ACTING PRESIDENT GRIFFO: Read

11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect April 1, 2010. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 256, by Senator Little, Senate Print 1101A, an 22 act to legalize, validate, ratify and confirm 23 certain actions taken. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 4482 1 THE SECRETARY: Section 5. This 2 act shall effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 285, by Senator Larkin, Senate Print 1047B, an 11 act to amend the Racing, Pari-Mutuel Wagering 12 and Breeding Law. 13 ACTING PRESIDENT GRIFFO: Read

14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 368, substituted earlier today by Member of 25 the Assembly Pheffer, Assembly Print Number Candyco Transcription Service, Inc. (518) 371-8910 4483 1 70A, an act to amend the General Business Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 449, by Senator Larkin, Senate Print 4497B, an 14 act to direct the Commissioner of Education. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section.

17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4484 1 459, by Senator LaValle, Senate Print 6949A, 2 an act to amend the Education Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 520, by Senator Padavan, Senate Print 5865A, 16 an act to amend the Vehicle and Traffic Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This

20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. Nays, 25 1. Senator Perkins recorded in the negative. Candyco Transcription Service, Inc. (518) 371-8910 4485 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 546, by Senator DeFrancisco, Senate Print 5 2061A, an act to amend the Penal Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first of 10 November. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 557, by Senator Morahan, Senate Print 4006A, 19 an act to amend the Mental Hygiene Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This

23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 4486 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 613, substituted earlier today by Member of 7 the Assembly Sweeney, Assembly Print Number 8 8343A, an act to amend the Insurance Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 6. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 682, by Senator DeFrancisco, Senate Print 21 2879C, an act to amend the Estates, Powers and 22 Trusts Law and others. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 4. This

Candyco Transcription Service, Inc. (518) 371-8910 4487 1 act shall take effect on the first of January. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 711, by Senator LaValle, Senate Print 7215A, 10 an act to amend the Education Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 60th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 865, by Senator O. Johnson, Senate Print 23 7130A, an act to amend the Retirement and 24 Social Security Law. 25 ACTING PRESIDENT GRIFFO: Read Candyco Transcription Service, Inc. (518) 371-8910 4488 1 the last section.

2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 872, by Senator Marcellino, Senate Print 7523, 12 an act to amend the Environmental Conservation 13 Law and the State Finance Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the same date as a 18 chapter of the Laws of 2008. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4489 1 896, substituted earlier today by Member of 2 the Assembly Morelle, Assembly Print Number 3 9073B, an act to amend the General Business 4 Law.

5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect -9 SENATOR DUANE: Lay it aside, 10 please. 11 ACTING PRESIDENT GRIFFO: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 948, substituted earlier today by Member of 15 the Assembly Destito, Assembly Print Number 16 10121, an act to amend Chapter 479 of the Laws 17 of 2004. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61. Candyco Transcription Service, Inc. (518) 371-8910 4490 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 952, by Senator Morahan, Senate Print 247B, an 5 act to amend the Tax Law. 6 ACTING PRESIDENT GRIFFO: There 7 is a local fiscal impact note at the desk.

8 The Secretary will read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first day of the 12 sales tax quarterly period. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1010, substituted earlier today by the 21 Assembly Committee on Rules, Assembly Print 22 Number 11491A, an act authorizing. 23 ACTING PRESIDENT GRIFFO: There 24 is a home-rule message at the desk. 25 The Secretary will read the last Candyco Transcription Service, Inc. (518) 371-8910 4491 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number

11 1031, by Senator Saland, Senate Print 7051A, 12 an act to amend the Education Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1094, by Senator Morahan, Senate Print 7408A, 25 an act to amend the Mental Hygiene Law and the Candyco Transcription Service, Inc. (518) 371-8910 4492 1 Education Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1095, by Senator Morahan, Senate Print 7410,

14 an act to amend the Mental Hygiene Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4493 1 1120, substituted earlier today by Member of 2 the Assembly Paulin, Assembly Print Number 3 9628B, an act to amend the Public Health Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1124, by Senator Morahan, Senate Print 2441A, 16 an act to amend the Tax Law.

17 ACTING PRESIDENT GRIFFO: There 18 is a local fiscal impact note at the desk. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first day of the 22 sales tax quarterly period. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 4494 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1142, by Senator Volker, Senate Print 4029D, 6 an act to amend the General Business Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 9. This 10 act shall take effect on 90th day. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. Nays, 15 1. Senator Duane recorded in the negative. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1143, by Senator Morahan, Senate Print 4939A,

20 an act to amend the General Business Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 180th day. 25 ACTING PRESIDENT GRIFFO: Call Candyco Transcription Service, Inc. (518) 371-8910 4495 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1144, substituted earlier today by Member of 8 the Assembly Nolan, Assembly Print Number 9 3520, an act to amend the Agriculture and 10 Markets Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1148, by Senator Fuschillo, Senate Print

23 7892A, an act to amend the General Business 24 Law. 25 ACTING PRESIDENT GRIFFO: Read Candyco Transcription Service, Inc. (518) 371-8910 4496 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1158, by Senator Bonacic, Senate Print 7800, 12 an act to amend the Environmental Conservation 13 Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1159, by Senator Marcellino, Senate Print

Candyco Transcription Service, Inc. (518) 371-8910 4497 1 7842A, an act to amend the Environmental 2 Conservation Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1208, by Senator Volker, Senate Print 7964D, 15 an act validating certain actions. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 4498 1 THE SECRETARY: Calendar Number

2 1209, substituted earlier today by Member of 3 the Assembly Parment, Assembly Print Number 4 11174A, an act in relation to transportation 5 contracts. 6 ACTING PRESIDENT GRIFFO: Can we 7 please have order. 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect July 1, 2008. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1226, by Senator LaValle, Senate Print 7946A, 19 an act to amend the General Municipal Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 4499 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed.

5 THE SECRETARY: Calendar Number 6 1238, by Senator LaValle, Senate Print 3063A, 7 an act to amend the Education Law. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the first of July. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1263, by Senator Larkin, Senate Print 7866A, 20 an act to amend the Racing, Pari-Mutuel 21 Wagering and Breeding Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. Candyco Transcription Service, Inc. (518) 371-8910 4500 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number

8 1265, by Senator Larkin, Senate Print 2020, an 9 act to amend the Agriculture and Markets Law. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1266, by Senator Seward, Senate Print 2180D, 23 an act to amend the Vehicle and Traffic Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 4501 1 THE SECRETARY: Section 5. This 2 act shall take effect January 1, 2009. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1311, by Senator Winner, Senate Print 7124B,

11 an act to amend the Education Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1318, by Senator Alesi, Senate Print 166B, an 24 act to amend the General Business Law. 25 ACTING PRESIDENT GRIFFO: Read Candyco Transcription Service, Inc. (518) 371-8910 4502 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of July. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1335, by Senator Smith, Senate Print 4221B, an 12 act to amend the Real Property Tax Law. 13 ACTING PRESIDENT GRIFFO: Read

14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1348, by Senator Seward, Senate Print 7471A, 25 an act to amend the Alcoholic Beverage Control Candyco Transcription Service, Inc. (518) 371-8910 4503 1 Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1386, by Senator Nozzolio, Senate Print 5037D, 14 an act to amend the Penal Law and the Arts and 15 Cultural Affairs Law. 16 ACTING PRESIDENT GRIFFO: Read

17 the last section. 18 THE SECRETARY: Section 7. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 1386 are Candyco Transcription Service, Inc. (518) 371-8910 4504 1 Senators Adams, Dilan, Duane, Gonzalez, 2 Hassell-Thompson, Huntley, L. Krueger, 3 LaValle, Marcellino, Montgomery, Morahan, 4 Oppenheimer, Parker, Perkins, Sabini and 5 Serrano. 6 Ayes, 45. Nays, 16. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1413, by Senator Marcellino, Senate Print 11 3192A, an act to amend the Vehicle and Traffic 12 Law and the New York City Charter. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.)

20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1413 are 22 Senators Adams, Dilan, Gonzalez, 23 Hassell-Thompson, L. Krueger, Montgomery, 24 Parker, Perkins, Sabini, Schneiderman and 25 Stavisky. Candyco Transcription Service, Inc. (518) 371-8910 4505 1 Ayes, 50. Nays, 11. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1415, by Senator Griffo, Senate Print 4380A, 6 an act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1415 are 16 Senators Duane, Hassell-Thompson, L. Krueger, 17 LaValle, Marcellino, Montgomery, Oppenheimer, 18 Padavan, Parker, Perkins, Sabini, 19 Schneiderman, Serrano and Stavisky. 20 Ayes, 47. Nays, 14. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed.

23 THE SECRETARY: Calendar Number 24 1433, by Senator Morahan, Senate Print 8051B, 25 an act to authorize the payment of Candyco Transcription Service, Inc. (518) 371-8910 4506 1 transportation aid. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1465, by Senator DeFrancisco, Senate Print 14 5076B, an act to amend the Insurance Law and 15 the Civil Practice Law and Rules. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

Candyco Transcription Service, Inc. (518) 371-8910 4507 1 THE SECRETARY: Calendar Number 2 1470, by Senator Seward, Senate Print 6749B, 3 an act to amend the Insurance Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 12. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1505, by Senator Nozzolio, Senate Print 7762, 16 an act to amend the Not-for-Profit Corporation 17 Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61. Candyco Transcription Service, Inc. (518) 371-8910 4508 1 ACTING PRESIDENT GRIFFO: The

2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1522, by Senator Fuschillo -5 SENATOR LIBOUS: Lay that bill 6 aside temporarily, please. 7 ACTING PRESIDENT GRIFFO: Lay it 8 aside temporarily. 9 THE SECRETARY: Calendar Number 10 1599, by Senator Leibell, Senate Print 5603B, 11 an act to amend the Executive Law and the 12 Military Law. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the 180th day. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT GRIFFO: Senator 21 Leibell. 22 SENATOR LEIBELL: Thank you, 23 Mr. President. To explain my vote. 24 We all in this chamber, I believe, 25 know what a tremendous job our National Guard Candyco Transcription Service, Inc. (518) 371-8910 4509 1 and our Air National Guard has done over the 2 course of this great state's history. And 3 particularly now, we have had so many 4 thousands of our Guardsmen and Air Guardsmen

5 deployed not only at home here but around the 6 world. 7 And we also know that beyond 8 international struggles, they are always 9 available to help us and our families and 10 everybody throughout the State of New York on 11 an emergency basis. 12 This legislation attempts to take 13 care of multiple public policy issues, one of 14 which is to make sure that we have as many 15 people covered by health insurance in New York 16 State as is possible, and also to provide this 17 sort of care for our Guardsmen and our Air 18 Guardsmen, and also as a vehicle to encourage 19 recruitment into the National Guard and into 20 the air National Guard. 21 So through this legislation we will 22 be joining in through a federal program 23 providing our Guardsmen with medical care for 24 themselves and their families at no expense, 25 and expenses will be paid for by New York Candyco Transcription Service, Inc. (518) 371-8910 4510 1 State. 2 This is, I think, a great incentive 3 to all of our Guardsmen and a way for New York 4 State to say thank you for their tremendous 5 service. I vote aye, Mr. President. 6 ACTING PRESIDENT GRIFFO: Senator 7 Leibell to be recorded in the affirmative.

8 Announce the results. 9 THE SECRETARY: Ayes, 61. Nays, 10 0. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1607, by Senator Thompson, Senate Print 8101B, 15 an act to amend the Parks, Recreation and 16 Historic Preservation Law. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 4511 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1656, by Senator Marcellino, Senate Print 4 5307B, an act to amend the Education Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 18. This 8 act shall take effect in two years. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll.

11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1695, by Senator Leibell, Senate Print 6904, 17 an act to amend the State Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61. Candyco Transcription Service, Inc. (518) 371-8910 4512 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 SENATOR MAZIARZ: Lay that aside 4 temporarily, please, Calendar 1695. 5 ACTING PRESIDENT GRIFFO: In 6 relation to Calendar Number 1695, we will 7 withdraw the roll call and lay the bill aside. 8 SENATOR MAZIARZ: Thank you, 9 Mr. President. 10 ACTING PRESIDENT GRIFFO: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1703, by the Senate Committee on Rules, Senate

14 Print 8363A, an act in relation to adjusting. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4513 1 1706, by Senator Seward, Senate Print 8385A, 2 an act to amend Chapter 630 of the Laws of 3 1988, amending the Insurance Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1712, by Senator Flanagan, Senate Print 3849A, 16 an act to amend the Economic Development Law.

17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 120th day. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 4514 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1819, by Senator Little, Senate Print 7915C, 4 an act to amend the Real Property Actions and 5 Proceedings Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 9. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT GRIFFO: 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1819 are 17 Senators Duane and Sampson. 18 Ayes, 59. Nays, 2. 19 ACTING PRESIDENT GRIFFO: The

20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1842, by Senator Larkin, Senate Print 8454, an 23 act to authorize the Village of South Blooming 24 Grove, in the County of Orange. 25 ACTING PRESIDENT GRIFFO: There Candyco Transcription Service, Inc. (518) 371-8910 4515 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 9. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1844, by Senator Golden, Senate Print 8456 -13 SENATOR DUANE: Lay it aside, 14 please. 15 ACTING PRESIDENT GRIFFO: Lay it 16 aside. 17 THE SECRETARY: Calendar Number 18 1866, by Senator Flanagan, Senate Print 5830B, 19 an act to amend the Education Law. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This

23 act shall take effect on the first of 24 September. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 4516 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1878, by Senator Young, Senate Print 7260A, an 6 act to authorize the Village of Randolph in 7 the County of Cattaraugus. 8 ACTING PRESIDENT GRIFFO: There 9 is a home-rule message at the desk. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1879, by Senator Farley Senate Print 7282C, an 22 act to amend Chapter 505 of the Laws of 2006, 23 relating to authorizing the City of Amsterdam. 24 ACTING PRESIDENT GRIFFO: There 25 is a home-rule message at the desk.

Candyco Transcription Service, Inc. (518) 371-8910 4517 1 The Secretary will read the last 2 section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1907, by Senator Skelos, Senate Print 8386A, 13 an act to amend the Public Health Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect April 1, 2010. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1912, by Senator Larkin, Senate Print 579A, an Candyco Transcription Service, Inc. (518) 371-8910 4518 1 act to amend the Racing, Pari-Mutuel Wagering

2 and Breeding Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 6. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. Nays, 11 1. Senator Saland recorded in the negative. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1930, by Senator Volker, Senate Print 7638A, 16 an act to amend the General Business Law and 17 the Labor Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61. Candyco Transcription Service, Inc. (518) 371-8910 4519 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1945, by Senator Morahan, Senate Print 8475A,

5 an act to amend the Mental Hygiene Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1946, by Senator -18 SENATOR MAZIARZ: Lay it aside 19 for the day, please. 20 ACTING PRESIDENT GRIFFO: Lay 21 that bill aside for the day. 22 THE SECRETARY: Calendar Number 23 1949, by Senator Robach, Senate Print 8500, an 24 act to amend the Correction Law, the Penal 25 Law, and the Executive Law. Candyco Transcription Service, Inc. (518) 371-8910 4520 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.)

8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1957, by Senator Libous, Senate Print 1585A, 13 an act to amend the Racing, Pari-Mutuel 14 Wagering and Breeding Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: In relation to 23 Calendar Number 1957: Ayes, 59. Nays, 2. 24 Senators Duane and Saland recorded in the 25 negative. Candyco Transcription Service, Inc. (518) 371-8910 4521 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1960, substituted earlier today by Member of 5 the Assembly Englebright, Assembly Print 6 Number 5566A, an act to amend the Elder Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 180th day.

11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1985, by Senator Rath, Senate Print 8313B, an 19 act to authorize and direct the Department of 20 Education. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call Candyco Transcription Service, Inc. (518) 371-8910 4522 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1987, by Senator Bruno, Senate Print 8365A, an 8 act authorizing the City of Rensselaer. 9 ACTING PRESIDENT GRIFFO: There 10 is a home-rule message at the desk. 11 The Secretary will read the last 12 section. 13 THE SECRETARY: Section 6. This

14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1993, substituted earlier today by Member of 23 the Assembly Lopez, Assembly Print Number 24 11005, an act to amend Chapter 915 of the Laws 25 of 1982 amending the Public Authorities Law. Candyco Transcription Service, Inc. (518) 371-8910 4523 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1994, by Senator Libous, Senate Print 7675, an 13 act to amend the Town Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This

17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2006, by Senator Nozzolio, Senate Print 8515, Candyco Transcription Service, Inc. (518) 371-8910 4524 1 an act to adjust certain state aid payments. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2010, by Senator Volker, Senate Print 8537, an 14 act in relation to transportation contracts. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call

20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 4525 1 2012, substituted earlier today by the 2 Assembly Committee on Rules, Assembly Print 3 Number 11418, an act to amend the Civil 4 Service Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2014, by Senator Winner, Senate Print 8544, an 17 act to amend the Navigation Law. 18 ACTING PRESIDENT GRIFFO: There 19 is a home-rule message at the desk. 20 The Secretary will read the last 21 section. 22 THE SECRETARY: Section 2. This

23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 4526 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 2020, by Senator Morahan, Senate Print 5218A, 7 an act to create the Orangetown Public Library 8 District. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 6. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 2026, by Senator Fuschillo, Senate Print 21 7893A, an act to amend the Executive Law. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the 90th day.

Candyco Transcription Service, Inc. (518) 371-8910 4527 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2027, by Senator Griffo, Senate Print 7912A, 9 an act to authorize the New York State Canal 10 Corporation. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2034, by Senator Padavan, Senate Print 8559, 23 an act to amend the Real Property Law. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 4528 1 THE SECRETARY: Section 2. This

2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2036, by Senator Volker, Senate Print 8571, an 11 act to amend the Public Authorities Law. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2038, by Senator Morahan, Senate Print 8573, 24 an act to authorize the Town of Clarkstown, in 25 the County of Rockland. Candyco Transcription Service, Inc. (518) 371-8910 4529 1 ACTING PRESIDENT GRIFFO: There 2 is a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 5. This

5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2039, by Senator Saland, Senate Print 8578, an 14 act to amend the Vehicle and Traffic Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. Nays, 23 3. Senators Griffo, Libous and Maziarz 24 recorded in the negative. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 4530 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2044, by Senator Robach -4 SENATOR PERKINS: Lay it aside. 5 ACTING PRESIDENT GRIFFO: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number

8 2050, by Senator O. Johnson, Senate Print 9 7509A, an act to amend the Vehicle and Traffic 10 Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 2050 are 20 Senators Dilan, Duane, Griffo, LaValle, 21 Libous, Morahan, Oppenheimer, Padavan, 22 Perkins, Sabini, Saland, Savino and Stavisky. 23 Ayes, 48. Nays, 13. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 4531 1 THE SECRETARY: Calendar Number 2 2054, by the Senate Committee on Rules, Senate 3 Print 8240A, an act to amend Chapter 331 of 4 the Laws of 2007. 5 ACTING PRESIDENT MAZIARZ: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MAZIARZ: Call

11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT MAZIARZ: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2060, by Senator Farley, Senate Print 8586, an 18 act to authorize. 19 ACTING PRESIDENT MAZIARZ: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 4532 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 2060 are 3 Senators Bonacic, Larkin and Rath. 4 Ayes, 58. Nays, 3. 5 ACTING PRESIDENT MAZIARZ: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2061, by Senator Farley, Senate Print 8587, an 9 act to authorize. 10 ACTING PRESIDENT MAZIARZ: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately.

14 ACTING PRESIDENT MAZIARZ: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 2061 are 19 Senators Bonacic and Larkin. 20 Ayes, 59. Nays, 2. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is passed. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2062, by Senator Farley, Senate Print 8588, an Candyco Transcription Service, Inc. (518) 371-8910 4533 1 act to authorize. 2 ACTING PRESIDENT MAZIARZ: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MAZIARZ: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 2062 are 11 Senators Bonacic, Larkin and Rath. 12 Ayes, 58. Nays, 3. 13 ACTING PRESIDENT MAZIARZ: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2063, by Senator Farley, Senate Print 8589, an

17 act to authorize. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Those recorded in Candyco Transcription Service, Inc. (518) 371-8910 4534 1 the negative on Calendar Number 2063 are 2 Senators Bonacic, Larkin and Rath. 3 Ayes, 58. Nays, 3. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 2064, by Senator Farley, Senate Print 8590, an 8 act to authorize. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MAZIARZ: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 2064 are 18 Senators Bonacic, Larkin and Rath. 19 Ayes, 58. Nays, 3.

20 ACTING PRESIDENT MAZIARZ: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2065, by Senator Farley, Senate Print 8592, an 24 act to authorize. 25 ACTING PRESIDENT MAZIARZ: Read Candyco Transcription Service, Inc. (518) 371-8910 4535 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MAZIARZ: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 2065 are 9 Senators Bonacic, Larkin and Rath. 10 Ayes, 58. Nays, 3. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 2066, Senator Leibell moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 11651 and substitute it 17 for the identical Senate Bill Number 8595, 18 Third Reading Calendar 2066. 19 ACTING PRESIDENT MAZIARZ: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number

23 2066, by the Assembly Committee on Rules, 24 Assembly Print Number 11651, an act 25 establishing. Candyco Transcription Service, Inc. (518) 371-8910 4536 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 2067, by Senator Leibell, Senate Print 8596, 13 an act to amend the Executive Law. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT MAZIARZ: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 2068, Senator Larkin moves to

Candyco Transcription Service, Inc. (518) 371-8910 4537 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 11650 and substitute it 3 for the identical Senate Bill Number 8605, 4 Third Reading Calendar 2068. 5 ACTING PRESIDENT MAZIARZ: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2068, by the Assembly Committee on Rules, 10 Assembly Print Number 11650, an act in 11 relation to establishing. 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, 61. 20 ACTING PRESIDENT MAZIARZ: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2069, Senator Larkin moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11652 and substitute it Candyco Transcription Service, Inc. (518) 371-8910 4538 1 for the identical Senate Bill Number 8606,

2 Third Reading Calendar 2069. 3 ACTING PRESIDENT MAZIARZ: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2069, by the Assembly Committee on Rules, 8 Assembly Print Number 11652, an act to amend 9 the State Finance Law and the Executive Law. 10 ACTING PRESIDENT MAZIARZ: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MAZIARZ: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT MAZIARZ: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 2070, by Senator Volker, Senate Print 8607, an 22 act to amend the Highway Law. 23 ACTING PRESIDENT MAZIARZ: Read 24 the last section. 25 THE SECRETARY: Section 3. This Candyco Transcription Service, Inc. (518) 371-8910 4539 1 act shall take effect immediately. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the roll.)

5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 Senator Libous, that completes the 9 reading of the noncontroversial calendar, the 10 active list. 11 SENATOR LIBOUS: Mr. President, 12 could we now take up the controversial 13 calendar, please. 14 ACTING PRESIDENT MAZIARZ: The 15 Secretary will ring the bell. All members are 16 encouraged to take their seats in the chamber. 17 SENATOR LIBOUS: Mr. President. 18 ACTING PRESIDENT MAZIARZ: 19 Senator Libous. 20 SENATOR LIBOUS: There will be an 21 immediate meeting of the Health Committee in 22 Room 332. 23 ACTING PRESIDENT MAZIARZ: There 24 will be an immediate meeting of the Health 25 Committee in Room 332. Candyco Transcription Service, Inc. (518) 371-8910 4540 1 SENATOR LIBOUS: And we'll stand 2 at ease temporarily. 3 ACTING PRESIDENT MAZIARZ: Thank 4 you. The Senate stands at ease. 5 (Whereupon, the Senate stood at 6 ease at 3:24 p.m.) 7 ACTING PRESIDENT MAZIARZ:

8 Senator Libous. 9 SENATOR LIBOUS: Mr. President, 10 for those who are in the chamber, the Health 11 Committee meeting has commenced and finished, 12 and we will now have a Finance Committee 13 meeting in Room 332. 14 ACTING PRESIDENT MAZIARZ: Senate 15 Finance Committee meeting in Room 332. 16 SENATOR LIBOUS: And the Senate 17 will still stand at ease while Finance is 18 meeting. 19 ACTING PRESIDENT MAZIARZ: The 20 Senate will stand at ease during the course of 21 the Finance Committee meeting. 22 (Whereupon, the Senate reconvened 23 at 4:16 p.m.) 24 ACTING PRESIDENT GRIFFO: The 25 Senate will come to order. Candyco Transcription Service, Inc. (518) 371-8910 4541 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could now go to the active list, 4 controversial. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will ring the bell. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 896, substituted earlier today by Member of 10 the Assembly Morelle, Assembly Print Number

11 9073B, an act to amend the General Business 12 Law. 13 SENATOR BRESLIN: Explanation, 14 please. 15 ACTING PRESIDENT GRIFFO: 16 Senator Winner, Senator Breslin has called for 17 an explanation. 18 SENATOR WINNER: Thank you, 19 Mr. President. 20 This is actually a very simple 21 bill. This bill is a measure to try to bring 22 a little bit of competition in the marketing 23 of gasoline in the State of New York and is a 24 bill that passed the Assembly unanimously 25 earlier on this year and is legislation that Candyco Transcription Service, Inc. (518) 371-8910 4542 1 fundamentally applies prospectively to new 2 franchise agreements that would be entered 3 into between a service station operator who 4 owns his own station and owns his tanks and 5 pumps and the refiner who provides the 6 gasoline through the distributor, who 7 otherwise might have a franchise agreement 8 that would prohibit that owner of the service 9 station who owns the pumps and tanks from 10 being able to sell unbranded fuel. 11 Unbranded fuel would have to be 12 sold separately. It would have to be 13 conspicuously labeled as such. The consumer

14 would have to be so advised prior to entering 15 the station. 16 And in many instances it is found 17 that unbranded fuel is at a less expense to 18 the motorist and certainly at no less quality 19 to the motoring public. 20 So this is a measure that is 21 prospective in nature. In my judgment, it is 22 constitutional because of its draftsmanship in 23 that fashion. And it should provide for some 24 relief at the pump to our hard-pressed 25 motorists who are having a difficult time. Candyco Transcription Service, Inc. (518) 371-8910 4543 1 Only yesterday, when I filled up my 2 tank in Elmira, I went to an unbranded fuel 3 station and was able to secure gas at that 4 station at 6 cents a gallon less than the 5 lowest other price in any branded station in 6 the city of Elmira. 7 So under those circumstances, this 8 is good for the consumer and it is something 9 that the State of New York, other than dealing 10 with taxes, as this house has done before on 11 gas, is something to instill a little bit of 12 competition. This is not a be-all and 13 end-all. This may provide some relief to that 14 hard-pressed motorist. 15 And I urge its adoption in this 16 house unanimously, as did the Assembly.

17 ACTING PRESIDENT GRIFFO: Senator 18 Breslin. 19 SENATOR BRESLIN: Mr. President, 20 through you, thank the sponsor, Senator 21 Winner, for the explanation. 22 And if, again through you, he could 23 give us the name of that station where he 24 purchased it for 6 cents less, we'd appreciate 25 it. Candyco Transcription Service, Inc. (518) 371-8910 4544 1 Thank you, Mr. President. 2 ACTING PRESIDENT GRIFFO: Thank 3 you. 4 Any other Senator wishing to be 5 heard? 6 Debate is closed. Ring the bell. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: In relation to 14 Calendar Number 896: Ayes, 59. Nays, 0. 15 Absent from voting: Senators C. 16 Kruger, Montgomery and Parker. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number

20 1522, by Senator Fuschillo, Senate Print 21 1312C, an act to amend the Education Law. 22 SENATOR SKELOS: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT GRIFFO: Lay it 25 aside for the day. Candyco Transcription Service, Inc. (518) 371-8910 4545 1 THE SECRETARY: Calendar Number 2 1695, by Senator Leibell, Senate Print 6904 -3 SENATOR SKELOS: Lay it aside for 4 the day. 5 ACTING PRESIDENT GRIFFO: Lay the 6 bill aside for the day. 7 THE SECRETARY: Calendar Number 8 1844, by Senator Golden, Senate Print 8456, an 9 act relating to requiring. 10 SENATOR SCHNEIDERMAN: 11 Explanation. 12 ACTING PRESIDENT GRIFFO: 13 Explanation requested by Senator Schneiderman, 14 Senator Golden. 15 SENATOR GOLDEN: Thank you, 16 Mr. President. 17 This bill would require that the 18 Superintendent of the State Police do a study 19 to calm the questions about microstamping the 20 bullet casings of semiautomatic pistols. It 21 would be reported to the Governor by 22 January 31, 2010.

23 And the reason we're doing this 24 study is whether you're a supporter or an 25 opponent of microstamping, it's impossible to Candyco Transcription Service, Inc. (518) 371-8910 4546 1 discuss policy because you have too many 2 questions that affect the microstamping issue. 3 There is a microstamping bill in 4 California that has one company that does the 5 microstamping, there's only one in the nation 6 at this point, and that doesn't go into effect 7 until 2010. 8 There are questions about 9 durability, tampering, accuracy, permanency, 10 training, cost, counterfeiting, efficacy, 11 availability, alternatives, coverage. There's 12 a whole host of issues. 13 There's nobody would want to see 14 anybody that is using guns to kill, those 15 using illegal guns here to kill people in the 16 City and State of New York. You want those 17 people removed. And you want as many tools as 18 you can give to law enforcement to have that 19 job done. But unfortunately, there are just 20 too many questions at this point. 21 And we believe we have a consensus 22 on a study bill that would help us move 23 towards a solution in the near future. 24 SENATOR SCHNEIDERMAN: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. (518) 371-8910 4547 1 ACTING PRESIDENT GRIFFO: Senator 2 Schneiderman. 3 SENATOR SCHNEIDERMAN: I believe 4 I have an amendment at the desk. I would 5 request that the reading be waived and that I 6 be heard on the amendment. 7 ACTING PRESIDENT GRIFFO: The 8 reading is waived, and you may be heard on the 9 amendment, Senator Schneiderman. 10 SENATOR SCHNEIDERMAN: Thank you. 11 This amendment would strike Senator 12 Golden's study bill, which is one of the bills 13 that we sometimes see in the Senate -14 sometimes in the Assembly also -- which really 15 should be called a study-to-death bill. And 16 this would strike it and replace it with a 17 bill that passed the Assembly on April 14th 18 that would actually direct the State of 19 New York to go forward with proven 20 microstamping technology. 21 The reason to reject Senator 22 Golden's proposal and to enact the Assembly's 23 version of this bill is very simple. All of 24 the issues Senator Golden talked about were 25 raised and dealt with in the context of the Candyco Transcription Service, Inc. (518) 371-8910 4548 1 lengthy debate over this legislation in

2 California. 3 And I do not believe that anyone 4 here that reached out to our counterparts in 5 California -- anyone on the other side of the 6 aisle; I know the gun safety advocates have. 7 All of the questions that Senator Golden has 8 alluded to have been dealt with. 9 The other states that have studied 10 this issue and are working on legislation 11 include New Jersey, Connecticut, Wisconsin, 12 Massachusetts and Rhode Island. 13 This is not something that is 14 brand-new. Microstamping technology was 15 developed in the 1990s. And while actually 16 developing micro-identification technology for 17 the electronics industry, it has been used, it 18 has been tested on thousands of firearms. 19 So what we're doing here is 20 essentially saying to the people of the State 21 of New York we know that microstamping, which 22 marks every bullet with an indelible mark that 23 can tell you the gun it came from, that makes 24 it so much easier for our law enforcement 25 officers to track a crime gun -- to track it Candyco Transcription Service, Inc. (518) 371-8910 4549 1 to the dealer who sold it, to track it to the 2 person who purchased it or from whom it was 3 stolen -- we're not going to implement this, 4 we're going to pass a bill to say we need

5 another study. 6 Now, the technology of 7 microstamping is an incredible addition to the 8 law enforcement community because they already 9 have a system for examining the shell casings 10 in order to try and determine where the shell 11 casing comes from. The technology is so 12 developed that they can often tell just by the 13 random markings that a particular gun 14 generates where a shell came from. 15 This would make it so much easier, 16 would allow us to track down so many more 17 illegal guns and gun dealers, because it would 18 have a defined laser-imprinted mark that would 19 gone on every shell. They have developed 20 systems to make it virtually impossible for 21 this to be tampered with and, in fact, systems 22 where if you attempt to tamper with it, you 23 are at risk of disabling your own weapon, of 24 damaging your firing pin. 25 This is something that we know Candyco Transcription Service, Inc. (518) 371-8910 4550 1 works, we can do. In Albany, you know, 2 there's one sure way to kill a good bill, and 3 that's to substitute a study. That's what 4 we're doing here today, ladies and gentlemen. 5 This is the dance of the one-house bills. 6 And when people complain to me 7 about why can't you do anything in Albany, the

8 main issue that they raise, the main issues of 9 concern to them are the issues that come up in 10 this context of the Assembly passing a bill 11 and the Senate saying we're addressing the 12 issue but then passing a different kind of 13 bill. 14 We don't need another study. I 15 will be glad to send to Senator Golden's 16 office all of the information that was 17 developed in California when they moved this 18 virtually identical legislation. We've 19 studied this issue. 20 For the Senate now to substitute a 21 study bill for the Assembly's bill is studying 22 this issue to death. How many more crimes 23 will go unsolved, how many crime guns will go 24 untraced because of our failure here today? 25 I urge everyone to support this Candyco Transcription Service, Inc. (518) 371-8910 4551 1 amendment. Let's do something real on the 2 issue of guns. Let's pass a real bill that is 3 identical to the Assembly bill passed on 4 April 14th. 5 ACTING PRESIDENT GRIFFO: Senator 6 Golden. 7 SENATOR GOLDEN: Thank you, 8 Mr. President. I've listened to Senator 9 Schneiderman and I find it very interesting 10 some of the comments that he's made.

11 But there are just simple 12 realities. This technology that he speaks of 13 is so incredible that there's only one company 14 in the entire country that does it. I'd 15 rather make sure that we're more than one 16 company so that we could not sole-source this 17 to one company but to have several companies 18 to choose from. 19 And, you know, no matter who you 20 talk to, whether it's in California or any of 21 the states that have been mentioned by the 22 Senator, nobody can come up with how much it 23 costs. A dollar-fifty, $5, $8, $20, $100, 24 $300? Nobody can seem to finger a cost of 25 what it would be to do this. Candyco Transcription Service, Inc. (518) 371-8910 4552 1 And of course the Senator pointed 2 out that if you move the firing pin, you 3 jeopardizing maybe disabling your own gun. 4 That is another issue that the Senator himself 5 has pointed out. 6 And the last thing I'd like to 7 bring up is the Assembly has passed this bill 8 to take effect just when our study would be 9 completed in 2010. So I don't see that this 10 bill would hamper the Assembly. If the facts 11 come back that we can do the Assembly's bill 12 in 2010, then we would gladly do the bill in 13 2010.

14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Senator 16 Adams. 17 SENATOR ADAMS: Thank you, 18 Mr. President. 19 I'm a bit confused. Would the 20 sponsor yield for a question? 21 ACTING PRESIDENT GRIFFO: You're 22 on the amendment right now, so the sponsor 23 would be Senator Schneiderman. 24 SENATOR ADAMS: Okay, I'll wait 25 until after. Candyco Transcription Service, Inc. (518) 371-8910 4553 1 ACTING PRESIDENT GRIFFO: Senator 2 Schneiderman. 3 SENATOR SCHNEIDERMAN: Just to 4 respond to my friend Senator Golden's 5 comments, there are companies that are capable 6 of going into the microstamping business. But 7 until more states pass microstamping laws, 8 they're not going to invest the funds to do 9 it. 10 Todd Lizotte, who is one of the 11 developers of microstamping, has a company 12 that will go into the business. This is not 13 something that is that complicated. As soon 14 as we create the demand, there will be a 15 supply. 16 And I would urge everyone that they

17 did do cost estimates in California, and 18 obviously the costs go down the more people 19 are doing it. So if a few more big states do 20 it, this is something that can become the 21 standard for everywhere in the gun 22 manufacturing industry, and that's going to 23 bring the cost down substantially. 24 So these are really problems that 25 are best dealt with by actually passing a bill Candyco Transcription Service, Inc. (518) 371-8910 4554 1 to save lives and help our law enforcement 2 officers, and not doing another study. 3 So I'm happy to work with Senator 4 Golden on any other questions he might have. 5 There are answers. There are answers. 6 Let's not miss an opportunity to do 7 something tremendously important. We have 8 people being shot all over New York State. A 9 small child was just shot in Albany. One 10 night in Senator Perkins' district we had a 11 whole round of teenagers being shot. 12 We can't trace the guns unless we 13 implement something like microstamping. Let's 14 do it. Let's not play the Albany dance of 15 one-house bills and kill it. 16 Thank you, Mr. President. 17 ACTING PRESIDENT GRIFFO: All 18 those in agreement with the amendment please 19 raise your hands.

20 THE SECRETARY: Those recorded in 21 agreement are Senators Adams, Breslin, Connor, 22 Diaz, Dilan, Duane, Gonzalez, 23 Hassell-Thompson, Huntley, C. Johnson, Klein, 24 L. Krueger, Onorato, Oppenheimer, Parker, 25 Perkins, Sabini, Sampson, Savino, Candyco Transcription Service, Inc. (518) 371-8910 4555 1 Schneiderman, Serrano, Smith, Stavisky, 2 Stewart-Cousins and Thompson. 3 ACTING PRESIDENT GRIFFO: The 4 amendment is not agreed to. 5 On the bill, Senator Adams. 6 SENATOR ADAMS: Would the sponsor 7 yield for a question. 8 ACTING PRESIDENT GRIFFO: Senator 9 Golden, do you yield to a question from 10 Senator Adams? 11 SENATOR GOLDEN: Yes, Mr. 12 President. 13 ACTING PRESIDENT GRIFFO: Senator 14 Adams. 15 SENATOR ADAMS: Thank you, 16 Senator. I just need to understand, are you 17 against the technology or are you against the 18 one company having the technology? 19 SENATOR GOLDEN: Mr. President, 20 I'm concerned about only one company being out 21 there, that we would be sole-sourcing this. 22 I am not against technology that

23 would help us resolve crimes and resolve death 24 and homicides committed by illegal guns in the 25 City and State of New York. Candyco Transcription Service, Inc. (518) 371-8910 4556 1 SENATOR ADAMS: Would the sponsor 2 yield for one more question. 3 ACTING PRESIDENT GRIFFO: One 4 more question, Senator Golden? 5 SENATOR GOLDEN: Yes, 6 Mr. President. 7 ACTING PRESIDENT GRIFFO: Senator 8 Adams. 9 SENATOR ADAMS: Through you, 10 Mr. President, do you believe the 11 technology -- do you think that -- are there 12 any reports that state that there's a flaw in 13 the technology? Are there any reports that 14 state that there's a flaw in the technology? 15 SENATOR GOLDEN: There are 16 studies, Mr. President, out there that say 17 that the companies that -- or the company that 18 does this, there are flaws in it, yes. 19 ACTING PRESIDENT GRIFFO: Senator 20 Adams, on the bill? 21 SENATOR ADAMS: Yes, on the bill. 22 ACTING PRESIDENT GRIFFO: Senator 23 Adams, on the bill. 24 SENATOR ADAMS: Okay, I'm not 25 sure aware of any studies that state that

Candyco Transcription Service, Inc. (518) 371-8910 4557 1 there's a flaw in the technology. 2 And I'm a bit surprised that a 3 retired member of the New York City Police 4 Department that had a great record in the 5 police department would actually state that we 6 should wait until 2010 before giving police 7 forensic experts a technology that's 8 available. 9 And if the reason that we are 10 against producing this technology is because 11 only one company is currently in the process 12 of doing it, I mean, there's a patent system 13 that we have in this great country. And what 14 happens when you allow new technology to come 15 into the market, as Senator Schneiderman 16 stated, is that you open the door for others 17 to join this technology. 18 And there's no one magic bullet to 19 deal with the issues of gun violence. I 20 introduced a bill -- that has yet to come to 21 the floor and yet to be discussed -- that we 22 could put permanent traceable codes on every 23 bullet that's produced. Yet we're not using 24 that technology. 25 Our law enforcement community Candyco Transcription Service, Inc. (518) 371-8910 4558 1 cannot be afraid to marry technology with

2 solving crimes. And to state that we're 3 against this bill or we're against this new 4 innovation, this new technology, merely 5 because one company is doing it or merely 6 because we want to wait until 2010 or that we 7 believe that there are flaws in the technology 8 where there's no evidence to show this, that 9 we're going to prevent our officers from 10 having this information beforehand, that's 11 troubling to me. 12 ACTING PRESIDENT GRIFFO: Senator 13 Golden, why do you rise? 14 SENATOR GOLDEN: Just to point 15 out a statement that's just been made, 16 Mr. President. 17 ACTING PRESIDENT GRIFFO: Are you 18 asking the questioner to yield? 19 SENATOR GOLDEN: Yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Adams, do you yield? 22 SENATOR ADAMS: Yes. Yes, of 23 course. For Senator Golden, anything. 24 SENATOR GOLDEN: Thank you, 25 Mr. President. Candyco Transcription Service, Inc. (518) 371-8910 4559 1 As you do know, Senator, this bill, 2 your own amendment, doesn't kick in until the 3 same date, 2010. You're aware of that; right? 4 SENATOR ADAMS: Yes, I am.

5 SENATOR GOLDEN: That's, I think, 6 one of your arguments. 7 Mr. President, one of the arguments 8 is that this bill, we have to wait till 2010. 9 The amendment that is on the floor forces the 10 bill to wait to 2010. So there is no 11 difference. 12 Our study here, our bill, allows us 13 to study to see if in fact the amendment that 14 they want to go forward with is in fact not 15 flawed. And that if in fact it is flawed, we 16 can correct it, and that it would allow for 17 more companies to be allowed to do the 18 technology that we speak of today. And I 19 think that's only fair and right. 20 Thank you, Mr. President. 21 ACTING PRESIDENT GRIFFO: Senator 22 Adams. 23 SENATOR ADAMS: Would the sponsor 24 yield for a question. 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 4560 1 Golden, do you yield? 2 SENATOR GOLDEN: I do indeed, 3 Mr. President. 4 ACTING PRESIDENT GRIFFO: Senator 5 Adams. 6 SENATOR ADAMS: Senator Golden -7 through you, Mr. President -- you say if there

8 are flaws. If there are flaws in what? In 9 the technology, or there's flaws in the study? 10 SENATOR GOLDEN: Flaws in the 11 technology, sir. 12 SENATOR ADAMS: Thank you. 13 Again, as I stated -14 ACTING PRESIDENT GRIFFO: Senator 15 Adams, on the bill. 16 SENATOR ADAMS: As I stated, 17 Mr. President, how can we in America argue 18 that we should not institute technology merely 19 because there's one company involved? I just 20 don't understand the logic behind that. 21 One company being involved in 22 technology opens the door in this country for 23 other companies to be a part of the technology 24 and to start opening a market where we can use 25 new technology and law enforcement. Candyco Transcription Service, Inc. (518) 371-8910 4561 1 So I don't believe it's a viable 2 argument to state that merely because one 3 company decides to take the initiative to find 4 ways that we can solve gun crimes -- nothing 5 is more disturbing and troubling for a 6 detective that investigates particularly 7 homicide cases to hit a cold case merely 8 because the evidence is not there to connect 9 the person who discharged the weapon with the 10 ballistic evidence that's found at the scene.

11 There's technology that's available 12 today that we can permanently mark ballistic 13 evidence, either through the barrel of the gun 14 or through permanent marking of the bullet. 15 And we should be embracing that technology. 16 To state let's do a study when 17 there's already studies out there that show 18 that this technology could be used, to state 19 that we should wait to do this I think is the 20 wrong direction to go in. And I believe that 21 our law enforcement community deserves the 22 support that is needed during a shooting or a 23 homicide. 24 I don't want to tell a family 25 member that we're unable to find a person who Candyco Transcription Service, Inc. (518) 371-8910 4562 1 killed their loved one. I don't want to tell 2 a police officer that we're unable to find the 3 person who shot a cop. You know, we argue 4 about the death penalty, yet we're unwilling 5 to give the evidence that's available to find 6 the person that shot a police officer. 7 I don't want to tell family members 8 that we couldn't do it because we were too 9 slow here in the State Senate or the State 10 Assembly to pass the technology that could 11 connect a bullet with a gun. And we can say 12 whatever we want about one company or two 13 companies or 20 companies. How many companies

14 do you have to have before you say technology 15 is available? 16 We've got technology that's 17 available that could put people in jail that 18 hurt people with guns. And to sit here and 19 state that we should wait or maybe -- or have 20 another survey or another study, that's 21 madness. The technology is here. Let's do 22 this. Let's do this now and start getting the 23 individuals who are using guns to take lives 24 of New Yorkers and let's make sure we can find 25 them so they can't go out and continue their Candyco Transcription Service, Inc. (518) 371-8910 4563 1 craft of bringing harm to innocent people. 2 Let's make sure we have the technology. 3 And it's wrong for an ex-police 4 officer to state merely because there's one 5 company, he doesn't want to see the technology 6 there. It's wrong. It's the wrong attitude 7 to take. And I'm surprised that my colleague 8 would take that attitude. 9 ACTING PRESIDENT GRIFFO: Senator 10 Golden. 11 SENATOR GOLDEN: Will the Senator 12 please yield. 13 SENATOR ADAMS: Yes, I will. 14 SENATOR GOLDEN: Mr. President, 15 does the Senator believe that if we found the 16 markings of the gun that the technology had

17 produced, does he believe that the person that 18 shot that gun is the actual person that used 19 the gun in that crime? 20 SENATOR ADAMS: I don't 21 understand your question. Can you say it 22 again so I can understand it? 23 SENATOR GOLDEN: The individual 24 technology that's used to mark the shell, 25 would that show us who in fact used that gun Candyco Transcription Service, Inc. (518) 371-8910 4564 1 to kill that individual? 2 SENATOR ADAMS: No, it doesn't in 3 fact show us. 4 What it does is that -- what it 5 does -- let me answer your question. What it 6 does, when you have a homicide case, it brings 7 you one step closer to solving the crime. 8 Whatever information we can give our trained 9 investigators allows them one step further to 10 not have a cold case. 11 SENATOR GOLDEN: Mr. President, 12 if the Senator would yield, one more question. 13 ACTING PRESIDENT GRIFFO: Senator 14 Adams? 15 SENATOR ADAMS: Yes, I will. 16 SENATOR GOLDEN: Mr. President, 17 would the Senator, as he spoke of going to 18 those families of those that have been killed, 19 would he have any problem going to the

20 families of an individual that may have been 21 wrongly convicted because the technology had 22 not worked the way it should have because we 23 didn't wait to do a study to 2010, 24 Mr. President? 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 4565 1 Adams. 2 SENATOR ADAMS: No one would want 3 to see a wrongly convicted person 4 incarcerated. 5 And that is why I stated that the 6 studies have already been done, based on what 7 Senator Schneiderman said and based on 8 information that I've witnessed, and based on 9 a bill that I introduced, which is that you 10 can mark all the bullets that are sold, 11 regardless of what gun, to trace them to the 12 person who discharged. 13 So no, don't give the impression 14 that I am advocating incarcerating innocent 15 people. I'm advocating a marriage of 16 technology with our law enforcement community 17 so they can conduct an investigation. That is 18 what I am advocating, not to merely put 19 innocent people in jail, but to put guilty 20 people in jail. 21 People who wear the same uniform 22 that you wore, Senator Golden, as a police

23 officer, when they are victims of shooting, 24 then we should make sure we give them all the 25 technology that's available so we can find Candyco Transcription Service, Inc. (518) 371-8910 4566 1 them. We can't not only talk about the death 2 penalty, we need to make sure we find the 3 people who kill our officers. That is what 4 I'm advocating. 5 ACTING PRESIDENT GRIFFO: Thank 6 you, Senator Adams. 7 Senator Volker. 8 SENATOR VOLKER: Mr. President, I 9 have to tell you, Senator Adams -- all the 10 studies have been done? No studies have been. 11 Now, let me tell you something 12 about microstamping. There's a good reason 13 why this bill is opposed by the New Yorkers 14 Against Gun Violence, because they -- they 15 want microstamping. The vast majority of 16 police officers don't believe it works. 17 In fact, here's an interesting -18 we contacted California. California said 19 don't do that bill unless you do a study. The 20 California professors who helped develop this 21 technology are not sure it even works. 22 In fact, it's interesting that the 23 people who developed this stuff -- California, 24 a very anti-gun state. And the mayor of 25 New York City, who's obviously very

Candyco Transcription Service, Inc. (518) 371-8910 4567 1 anti-gun -2 SENATOR GOLDEN: Senator -- if I 3 could, please, Mr. President -4 ACTING PRESIDENT GRIFFO: Senator 5 Golden, why do you rise? 6 SENATOR GOLDEN: Mr. President, 7 please lay the bill aside due to the course of 8 the day. Lay it aside for the day. 9 ACTING PRESIDENT GRIFFO: 10 Calendar Number 1844 will be laid aside for 11 the day at the sponsor's request. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 2044, by Senator Robach, Senate Print 6350A, 15 an act to amend the Public Health Law. 16 ACTING PRESIDENT GRIFFO: Senator 17 Perkins. 18 SENATOR PERKINS: Through you, 19 Mr. President, may I ask the sponsor a 20 question or two or three. 21 ACTING PRESIDENT GRIFFO: Senator 22 Robach, will you entertain a question? 23 SENATOR ROBACH: I will. 24 ACTING PRESIDENT GRIFFO: Senator 25 Perkins. Candyco Transcription Service, Inc. (518) 371-8910 4568 1 SENATOR PERKINS: I want to

2 recognize that this childhood lead poisoning 3 health issue is really very, very important 4 for our state. There are over 10,000 children 5 being poisoned, crippled for life, unable to 6 fulfill their potential educationally. There 7 have even come studies out about some 8 correlation with crime. 9 So this is a very, very important 10 issue, and I do have to give you some credit 11 for being on top of this to the extent that 12 you have attempted to be with this piece of 13 legislation. 14 I just want to, however, ask you a 15 question or two as it relates to the bill. 16 One question in particular that I'm concerned 17 about is, who is covered by this bill? 18 SENATOR ROBACH: Well, maybe a 19 good way for me to answer some of your 20 questions is say what the bill does. 21 After working for several years 22 now -- in addition to what this Legislature 23 has already done, sending millions of dollars 24 to targeted areas, doing member items for 25 testing kits, retrofitting windows, a number Candyco Transcription Service, Inc. (518) 371-8910 4569 1 of things -- what this bill does is really 2 four major components. To take what we've 3 already reduced lead in the state from almost, 4 in some high-risk areas, down by 60 percent.

5 As you point out, Senator Perkins, 6 40 percent still stand out, which affects the 7 behavior, the educational development, the 8 learning development of our children, not to 9 mention muscle, bone growth, language, almost 10 everything important to their development. 11 What this bill will do is, for the 12 first time, four major things. And I'll give 13 them to you in the order I think is important. 14 It would amend the Public Health 15 Law to ensure that all children age 1, 2, up 16 to age 6, will be tested across the state, and 17 also pregnant mothers in high-risk areas. 18 The second major component to go a 19 long way to really stamping out lead poisoning 20 in our state would be to amend the Tax Law to 21 authorize a tax credit for certain activities 22 related to lead-hazard reduction and 23 abatement -- I don't know if you want all the 24 details -- up to $1,500 per property, $5,000 25 per individual, both for rental and Candyco Transcription Service, Inc. (518) 371-8910 4570 1 owner-occupied properties. 2 The third part would be to amend 3 the Public Health Law to authorize the 4 department to establish regulations for 5 inspection, everything else, hoping that over 6 the next several -- well, not even several, 7 couple of years we will have nobody occupying

8 or moving into a house with lead-paint danger. 9 And fourth would create the Public 10 Health Law to require the department to 11 establish an already continued effort, 12 lead-safe housing awareness guidelines and 13 seminars, both for residents and for people 14 working in this, to do that. 15 So it would not only be testing, 16 continued education and public awareness, it 17 would incentivize landlords and homeowners, 18 roughly with a fifty-fifty split through a tax 19 credit, to get every property in New York up 20 to snuff so no children, by 2011, would be in 21 unsafe lead environments, is the main gist, 22 the four components. 23 ACTING PRESIDENT GRIFFO: Senator 24 Perkins. 25 SENATOR PERKINS: Through you, Candyco Transcription Service, Inc. (518) 371-8910 4571 1 Mr. President, may I ask a -2 ACTING PRESIDENT GRIFFO: Senator 3 Robach, do you yield? 4 SENATOR ROBACH: Yes, Mr. 5 President. 6 ACTING PRESIDENT GRIFFO: Senator 7 Perkins. 8 SENATOR PERKINS: So does this 9 cover children in New York City? 10 SENATOR ROBACH: It doesn't, and

11 I probably should have mentioned that. It 12 covers the entire state except for New York 13 City, which has its own, already through City 14 Council, its own set of regulations and rules. 15 SENATOR PERKINS: Through you, 16 Mr. President, may I again ask -17 ACTING PRESIDENT GRIFFO: Senator 18 Robach, do you continue to yield? 19 SENATOR ROBACH: Yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Perkins. 22 SENATOR PERKINS: Let me just say 23 with respect to New York City, actually, that 24 legislation does not include children that are 25 in lead-based-poison homes of more than Candyco Transcription Service, Inc. (518) 371-8910 4572 1 two-family homes. So I was just wondering if 2 this bill manages to cover them as well. I 3 believe there was an earlier bill that to some 4 extent looked at that. 5 SENATOR ROBACH: I think that 6 this bill -- let me say this, Senator Perkins. 7 This bill would cover that outside of the City 8 of New York. I'm unfamiliar -- I don't know 9 what the regulations are for the City of 10 New York. 11 But just so you know the genesis of 12 it, this bill was a culmination of working 13 with advocates, the legal community, the

14 medical society, the industry, and a number of 15 other people interested in this, is how we got 16 to where we're at. After, I'd say, three 17 years. 18 ACTING PRESIDENT GRIFFO: Senator 19 Perkins. 20 SENATOR PERKINS: Mr. President, 21 through you, may I continue to ask a question. 22 ACTING PRESIDENT GRIFFO: Senator 23 Robach, will you continue to yield? 24 SENATOR ROBACH: I will. 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 4573 1 Perkins. 2 SENATOR PERKINS: If you could 3 answer it yes or no, this does or does not 4 cover children in New York City? 5 SENATOR ROBACH: It does not. 6 Well, it takes out cities over a million, 7 which would exclude New York, correct. 8 SENATOR PERKINS: Through you, 9 Mr. President, may I ask another question. 10 ACTING PRESIDENT GRIFFO: Senator 11 Robach, would you yield? 12 SENATOR ROBACH: Yes. 13 ACTING PRESIDENT GRIFFO: Senator 14 Perkins. 15 SENATOR PERKINS: Does this 16 legislation include the distribution of

17 linguistically and culturally sensitive 18 material? As you know, a diverse state -19 different cultures, different languages. Does 20 your bill cover for those constituents that 21 might not necessarily speak English? 22 SENATOR ROBACH: I think it 23 would, in terms of however the Health 24 Department currently distributes information. 25 I think they do do some of that bilingually, Candyco Transcription Service, Inc. (518) 371-8910 4574 1 at least in Spanish. I think that would 2 continue in what they would develop, the 3 Health Department, in terms of seminar 4 guidelines and inspections, I believe. 5 SENATOR PERKINS: Through you, 6 Mr. President, may I continue to ask. 7 ACTING PRESIDENT GRIFFO: Senator 8 Robach, will you continue to yield? 9 SENATOR ROBACH: Yes. 10 ACTING PRESIDENT GRIFFO: Senator 11 Perkins. 12 SENATOR PERKINS: Specifically, 13 does it speak, in its language, to the 14 linguistic and cultural diversity of the 15 state, yes or no? 16 SENATOR ROBACH: I wouldn't say 17 it does anything different than any other bill 18 we pass dealing with the Health Department to 19 create programs or anything else. Which

20 again, I have to say, I believe usually does 21 include English and Spanish. 22 ACTING PRESIDENT GRIFFO: Senator 23 Perkins. 24 SENATOR PERKINS: I have another 25 few questions, if it's okay with you, Candyco Transcription Service, Inc. (518) 371-8910 4575 1 Mr. President. 2 ACTING PRESIDENT GRIFFO: Senator 3 Robach, would you yield? 4 SENATOR ROBACH: Absolutely. 5 ACTING PRESIDENT GRIFFO: Go 6 ahead, Senator Perkins. 7 SENATOR PERKINS: So it's clear 8 that it does not specifically address the 9 linguistic and cultural diversity that is 10 represented. But you expect that at some 11 point the Health Department will do so 12 accordingly, but it does not require the 13 Health Department to do so? 14 SENATOR ROBACH: I would say both 15 things, Senator Perkins. I think it does to 16 some degree. I don't know if that's enough to 17 appease your -- what your goal is. 18 And then, secondly, this was also 19 the language that was agreed upon, the main 20 body of this, with the other house as well. 21 ACTING PRESIDENT GRIFFO: Senator 22 Perkins.

23 SENATOR PERKINS: Through you, 24 Mr. President, is there a same-as bill that 25 has been agreed upon? Candyco Transcription Service, Inc. (518) 371-8910 4576 1 SENATOR ROBACH: I am hopeful 2 that there will be. The content of the bill 3 is the same as. We made some technical 4 changes on dates, costs, things that were 5 inaccurate. And the only thing that we 6 changed in content was to make the bill 7 effective immediately. And I'm hoping it will 8 match in the other house. 9 I have every reason to believe, due 10 to the importance of this, the work of 11 advocates and so many people working together, 12 that before we leave that will happen. 13 ACTING PRESIDENT GRIFFO: Senator 14 Perkins. 15 SENATOR PERKINS: So at this 16 point there is no same-as? 17 ACTING PRESIDENT GRIFFO: Senator 18 Robach. 19 SENATOR ROBACH: Ninety-nine 20 percent same-as, correct. Not a hundred, 21 that's correct. 22 SENATOR PERKINS: So that means 23 no? 24 (Laughter.) 25 SENATOR ROBACH: Ninety-nine

Candyco Transcription Service, Inc. (518) 371-8910 4577 1 percent, yeah. Yes or no, whichever one you 2 want to pick. 3 SENATOR PERKINS: Through you 4 again, Mr. President. 5 ACTING PRESIDENT GRIFFO: Senator 6 Robach, will you continue to yield? 7 SENATOR ROBACH: Yes. 8 ACTING PRESIDENT GRIFFO: Senator 9 Perkins. 10 SENATOR PERKINS: Is there a 11 fiscal impact statement that accompanies this? 12 SENATOR ROBACH: Yes, there is. 13 It would roughly -- around those tax credits I 14 talked to you about, $15,000, splitting the 15 difference per household residents, multiple 16 dwellings up to $5,000 per person, up to 17 $15 million in the aggregate. 18 SENATOR PERKINS: Through you, 19 Mr. President. 20 ACTING PRESIDENT GRIFFO: Senator 21 Perkins. 22 SENATOR PERKINS: So there will 23 be a budget appropriation, there's a budget 24 appropriation that has been legislated for 25 this tax credit program that you talk about of Candyco Transcription Service, Inc. (518) 371-8910 4578 1 $15 million?

2 SENATOR ROBACH: Yeah, I would 3 say two things. There will be for next year, 4 and maybe that will grow, depending on need. 5 But then, secondly, I also think 6 there is money in housing and other places 7 that can go to address this, even General 8 Fund. 9 I think as you stated earlier, 10 Senator Perkins, given the importance of this, 11 what it does to children, what the cost is 12 down the road for those kids who have already 13 been damaged in terms of special education, 14 other services and things, both for the 15 humanity as well the cost, I think it would be 16 money very, very well spent. 17 SENATOR PERKINS: Through you, 18 Mr. President, may I continue to ask 19 questions. 20 SENATOR ROBACH: Absolutely. 21 ACTING PRESIDENT GRIFFO: Senator 22 Robach yields, Senator Perkins. 23 SENATOR PERKINS: There's no 24 question that this is a worthy cause of at 25 least $15 million. However, there is no money Candyco Transcription Service, Inc. (518) 371-8910 4579 1 been appropriated for this as of now, nor has 2 there been any commitment of money in the next 3 budget. 4 SENATOR ROBACH: One of the

5 reasons why people didn't want to do the bill 6 is for that exact reason you're bringing up. 7 I am not in that camp. I think 8 we're already, right now, not doing this -- I 9 think it's imperative, again, both in human 10 terms of the damage to these kids. 11 But I would also make the argument 12 even on a fiscal note that the money we're 13 spending down the line for the thousands of 14 the kids that have been damaged will far, far 15 outpace the money if there was ever -- this is 16 more than an ounce of prevention for a pound 17 of cure, this is well, well beyond that. 18 So I understand what you're saying, 19 and I want to work on that. But I'm unwilling 20 to use that for a reason not to try to get a 21 result for those children and those families. 22 SENATOR PERKINS: On the 23 budget -- on the budget? On the bill. On the 24 bill. 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 4580 1 Perkins, on the bill. 2 SENATOR PERKINS: On the bill 3 with no budget. 4 Let me just first again express my 5 appreciation for your interest and your effort 6 to try to address one of the most serious 7 problems we have affecting our children. But

8 however, I -- and even though I feel it falls 9 short in some very important specifics, 10 particularly as it relates to New York City, 11 the children of New York City, particularly as 12 it relates to recognizing the cultural and 13 linguistic diversity of the state, which has 14 to be explicitly required in any 15 legislation -- we cannot leave it up to the 16 Health Department to divine how that needs to 17 be done. 18 And I'm very concerned about the 19 fact that the tax credit and the fiscal impact 20 issues are not as strongly defined and assured 21 as they would need to be that would make this 22 real substantive as well as having a same-as 23 that would give us some assurance that this 24 bill is going someplace. 25 Because unfortunately, as you know, Candyco Transcription Service, Inc. (518) 371-8910 4581 1 as it stands now, this is a one-house bill 2 that doesn't quite identify how the funding is 3 going to support the bill. It does not cover 4 folks, young people in New York City. And so 5 it might be misunderstood as not a sincere 6 effort. 7 On the other hand, let me say to 8 you that again, I appreciate what you're 9 doing. I hope that we do better. And I'm 10 going to support the bill.

11 And so, Mr. President, I vote aye 12 on this bill. 13 ACTING PRESIDENT GRIFFO: Is 14 there any other Senator wishing to be heard? 15 Senator Maziarz. 16 SENATOR MAZIARZ: Mr. President, 17 on the bill. 18 I want to join my colleague Senator 19 Perkins in congratulating Senator Robach. I 20 know Senator Robach represents a large part of 21 the City of Rochester, and I have just a very 22 small portion of it. But this is something 23 that has been covered a lot in the local media 24 in upstate New York. 25 And my understanding -- and I Candyco Transcription Service, Inc. (518) 371-8910 4582 1 didn't quite understand my colleague Senator 2 Perkins' point, because my understanding is 3 that children in the City of New York are 4 already covered by present law. So I think 5 Senator Robach is doing the right thing by 6 extending that coverage to children in other 7 areas of the state. 8 And, you know, I think that all too 9 often this issue is seen as one that is a 10 major metropolitan area -- you know, 11 Rochester, Buffalo, Syracuse. And New York 12 City, of course. But actually, I think this 13 is an issue in smaller communities,

14 particularly smaller upstate cities, the type 15 of cities that I represent -- North Tonawanda, 16 Lockport. You know, where there's a lot of 17 older housing, houses that were painted a long 18 time ago where a lot of people have moved out 19 into the suburbs and a lot of these houses are 20 now occupied by younger families with young 21 children. 22 And I think this is a very 23 important bill. I agree with Senator Perkins. 24 And I know that Senator Robach is going to 25 working to get that appropriation done. I Candyco Transcription Service, Inc. (518) 371-8910 4583 1 think this is excellent legislation for the 2 entire state of New York, and I will be voting 3 in the affirmative, Mr. President. 4 Thank you. 5 ACTING PRESIDENT GRIFFO: Senator 6 Perkins. 7 SENATOR PERKINS: Through you, 8 Mr. President, I'd just like to clarify the 9 record that was misrepresented, not 10 purposefully, as it relates to the New York 11 City legislation and whether or not it 12 actually covers the children of New York. 13 In fact, the bill that I have, 14 4121, was specifically designed not only to 15 cover the State of New York upstate but also 16 to cover that part of New York City that is

17 not covered by Local Law 1, which was passed, 18 I modestly say, by me when I was in the City 19 Council. 20 So we need a bill that fills the 21 hole that was not able to be covered in 22 New York City. The bill that I have put 23 forward, 4121 -- which also, by the way, has a 24 same-as in the Assembly carried by 25 Assemblywoman Peoples -- does cover New York Candyco Transcription Service, Inc. (518) 371-8910 4584 1 City. It's very, very important that we cover 2 New York City, particularly in terms of those 3 one- and two-family homes that are not 4 covered. Those young people deserve to be 5 helped as well. 6 Thank you. 7 ACTING PRESIDENT GRIFFO: Senator 8 Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Mr. President. 11 You know, this is a very important 12 issue, and Senator Perkins comes to us with a 13 great deal of knowledge about it. 14 I just have to say, in the same 15 spirit with which we have been discussing the 16 problem of one-house bills and the dance of 17 one-house bills in Albany, that for us to be 18 here at the last day of session and not to 19 even have a same-as, much less have it moving

20 through the Assembly, indicates to me that 21 this probably is not something that has a 22 realistic possibility. 23 I think it would be a good step if 24 we were going to do it. But I frankly don't 25 understand why, in the last day of session, Candyco Transcription Service, Inc. (518) 371-8910 4585 1 we're moving something out that doesn't even 2 have a same-as in the Assembly. 3 ACTING PRESIDENT GRIFFO: Senator 4 Robach -5 SENATOR SCHNEIDERMAN: I would 6 support the bill -7 ACTING PRESIDENT GRIFFO: Senator 8 Robach. 9 SENATOR ROBACH: For you and 10 everybody else, we are just waiting for 11 Assemblyman Gantt to make the technical 12 changes. I believe this bill is as live and 13 as -- and if it's not done, that will be for 14 all the wrong reasons, not to get to solve for 15 kids. 16 So I wasn't trying to be flippant 17 when I said there's a 99 percent agreement. 18 We had to change dates that were done from a 19 bill last year that was technically flawed and 20 make some very, very minor changes. 21 The bill that we put in together on 22 the content of what this does to protect kids

23 is exactly what has been discussed in 24 dialogue. So hopefully that will alleviate 25 some of your fears. Candyco Transcription Service, Inc. (518) 371-8910 4586 1 This is as sincere and as real as 2 ever. And if it isn't done, I don't know what 3 the reasons will be, but it will be very, very 4 easy to get this done and rectified -- again, 5 only correcting the inaccuracies in the bill 6 to make it viable to get done right now, if 7 that makes you feel any better. It has a 8 hundred percent -9 SENATOR SCHNEIDERMAN: Through 10 you, Mr. President, if the sponsor would 11 yield. 12 Is there an Assembly sponsor for 13 this bill? 14 SENATOR ROBACH: Yes. And he has 15 the amendments, and we're waiting for him to 16 put them in. 17 SENATOR SCHNEIDERMAN: Through 18 you, Mr. President, who is the Assembly 19 sponsor? 20 SENATOR ROBACH: David Gantt. 21 Assemblyman David Gantt. 22 SENATOR SCHNEIDERMAN: And what 23 is the bill that Assemblyman Gantt is seeking 24 to amend in the Assembly? Was this bill 25 introduced in the Assembly?

Candyco Transcription Service, Inc. (518) 371-8910 4587 1 SENATOR ROBACH: Yes. We had the 2 same bill. We amended ours to technically 3 make the date changes correct. 4 And the only content change at all 5 took the bill to make it immediately 6 effective. That's it. There was nothing to 7 the agreed-upon concepts that I discussed 8 talking to Senator Perkins. 9 So I am very, very hopeful that 10 after we've been working so hard for the last 11 two years to build consensus, that people who 12 have spoken highly of the importance of this 13 bill will sincerely get it done. I have every 14 belief that they will, due to the importance 15 of this and what's transpired in the past. 16 ACTING PRESIDENT GRIFFO: Senator 17 Schneiderman. 18 SENATOR SCHNEIDERMAN: I thank 19 the sponsor for his comments. I am very 20 hopeful that we will do this and that we will 21 do more than this. 22 It sounds as though he's got the 23 details worked out, and we look forward to him 24 delivering a two-house bill that the Governor 25 will sign. Candyco Transcription Service, Inc. (518) 371-8910 4588 1 Thank you, Mr. President.

2 ACTING PRESIDENT GRIFFO: Anyone 3 else wishing to be heard? 4 Debate is closed. The Secretary 5 will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 14. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT GRIFFO: Senator 13 DeFrancisco, to explain his vote. 14 SENATOR DeFRANCISCO: Yes, I just 15 want to rise to compliment Senator Robach. 16 This bill, I've been a cosponsor of 17 this bill from the beginning. It's been a few 18 years that it's been percolating. And I know 19 how difficult it was to get all the pieces 20 together to make the various groups happy 21 about it, and also to make sure that there 22 would be adequate funding down the road for 23 this particular bill. 24 The fact that it passed both 25 houses -- I'm confident it will pass both Candyco Transcription Service, Inc. (518) 371-8910 4589 1 houses. I'm also confident that there will be 2 funding available. Because it's going to be 3 very difficult for us not to fund this in view 4 of its substantial importance to many

5 communities. 6 And I represent part of Syracuse, 7 and I know there's a lot of old housing there 8 that has lead paint. And it's time that we 9 got this particular problem behind us after 10 these many years of trying to get this bill 11 together. 12 So, Senator Robach, congratulations 13 for the hard work that you have done to get 14 this bill to this point. 15 ACTING PRESIDENT GRIFFO: Senator 16 DeFrancisco to be recorded in the affirmative. 17 Senator Perkins, to explain his 18 vote. 19 SENATOR PERKINS: Yes, I'd like 20 to explain my vote. 21 ACTING PRESIDENT GRIFFO: 22 Remember, members, we're on explanation of 23 votes now. 24 SENATOR PERKINS: I want to be 25 clear, again, that a significant hole in this Candyco Transcription Service, Inc. (518) 371-8910 4590 1 bill is the absence of covering children in 2 New York City, number one. 3 Number two, the same-as bill that 4 originally accompanied this effort that came 5 from the Assembly was a bill, as was pointed 6 out, sponsored by Assemblyman Gantt, which has 7 passed three times in the Assembly.

8 However, since then, a new bill has 9 arrived at the Senate where there were some 10 amendments made to which no same-as was 11 created. So at this point I'm assured that 12 the closeness that has been alleged may not be 13 so close, based on what it is that has come to 14 my attention. 15 So I'm hopeful that if there are 16 significant differences, that they'll be 17 resolved. Nevertheless, I'm going to support 18 this bill. I'm going to ask my colleagues to 19 support the bill. But I want to be clear that 20 99 percent close is quite -- not the moment, 21 anyway. But I hope I'm wrong. 22 ACTING PRESIDENT GRIFFO: Senator 23 Perkins, how do you vote? 24 SENATOR PERKINS: I vote aye. 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 4591 1 Perkins to be recorded in the affirmative. 2 Senator Alesi. 3 SENATOR ALESI: To explain my 4 vote, Mr. President. 5 ACTING PRESIDENT GRIFFO: Senator 6 Alesi, to explain his vote. 7 SENATOR ALESI: Thank you. 8 First of all, I'd like to 9 congratulate Senator Robach. With regard to 10 whether or not there is a same-as, I think the

11 leadership that Senator Robach has taken is 12 exemplary. And even though we are coming 13 close to the tail end of the session here -14 ACTING PRESIDENT GRIFFO: Excuse 15 me, Senator Alesi. 16 May we have order, please. 17 SENATOR ALESI: -- this bill 18 gives us the opportunity for any other action 19 to be taken in the other house. 20 As you know, I represent about a 21 third of the City of Rochester. But we don't 22 have to limit our focus to just those large 23 urban areas. The problem of lead poisoning 24 that Senator Robach's bill deals with is 25 everywhere. Candyco Transcription Service, Inc. (518) 371-8910 4592 1 And what we should be concerned 2 with is Senator Robach's central issue, and 3 that is the health of our children and the 4 fact that when they have been poisoned by lead 5 from the sources that his bill deals with, 6 it's irreversible. There's no changes that 7 can be made. They're doomed. The results of 8 lead poisoning can't be turned around. 9 So I'm voting yes on this bill, and 10 I would like to compliment, again, Senator 11 Robach for his hard work on this. And I would 12 urge those in the other house to follow this 13 kind of leadership, and before the session

14 ends that we can make something happen that 15 deals with the health and welfare of the 16 children not just in our urban cores but all 17 across New York State. 18 ACTING PRESIDENT GRIFFO: Senator 19 Alesi to be recorded in the affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 62. Nays, 22 0. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 Senator Skelos. Candyco Transcription Service, Inc. (518) 371-8910 4593 1 SENATOR SKELOS: Mr. President, 2 if we could return to reports of standing 3 committees for the report of the Finance 4 Committee. 5 ACTING PRESIDENT GRIFFO: Reports 6 of standing committees. 7 The Secretary will read the report 8 of the Finance Committee. 9 THE SECRETARY: Senator O. 10 Johnson, from the Committee on Finance, 11 reports the following nominations. 12 As a member of the State Liquor 13 Authority, Jeanique Greene, of Yonkers. 14 ACTING PRESIDENT GRIFFO: Senator 15 Johnson. 16 SENATOR OWEN JOHNSON: Move the

17 nomination. 18 ACTING PRESIDENT GRIFFO: The 19 question is on the nomination of Jeanique 20 Greene as a member of the State Liquor 21 Authority. All in favor say aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT GRIFFO: 24 Opposed, nay. 25 (No response.) Candyco Transcription Service, Inc. (518) 371-8910 4594 1 ACTING PRESIDENT GRIFFO: 2 Congratulations. Jeanique Greene is now 3 confirmed. 4 (Applause.) 5 ACTING PRESIDENT GRIFFO: 6 Jeanique Greene is here with us today. We 7 offer you our congratulations and best wishes. 8 The Secretary will read. 9 THE SECRETARY: As a member of 10 the State Liquor Authority, Noreen Healy, of 11 Brooklyn. 12 ACTING PRESIDENT GRIFFO: Senator 13 Johnson. 14 SENATOR OWEN JOHNSON: Move the 15 nomination. 16 ACTING PRESIDENT GRIFFO: Senator 17 Connor. 18 SENATOR CONNOR: Thank you, 19 Mr. President. I just want to rise to second

20 the motion to move the nomination of Noreen 21 Healy. 22 She's a neighbor of mine from my 23 neighborhood. I've observed her for the last 24 two years on the State Liquor Authority. She 25 has been part of an effort which has made that Candyco Transcription Service, Inc. (518) 371-8910 4595 1 agency far more responsive to our community 2 boards in New York City and to our community 3 concerns in terms of interpreting and 4 enforcing the law in a way that's 5 community-friendly, takes into account the 6 concerns of residents in many neighborhoods 7 that I represent where there are literally 8 hundreds of licensed premises and they've 9 turned into a kind of nightclub row, 10 night-life row. 11 The agency has now paid a lot of 12 attention to that, and the commissioner has 13 done an excellent job. And I'm very, very 14 happy to move to second her nomination. 15 Thank you. 16 ACTING PRESIDENT GRIFFO: The 17 question is on the nomination of Noreen Healy 18 as a member of the State Liquor Authority. 19 All in favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT GRIFFO: 22 Opposed, nay.

23 (No response.) 24 ACTING PRESIDENT GRIFFO: The 25 nominee is confirmed. Candyco Transcription Service, Inc. (518) 371-8910 4596 1 We want to acknowledge Noreen Healy 2 is here today. We want to offer her our 3 congratulations and best wishes. 4 (Applause.) 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: As a member of 8 the New York State Employment Relations Board, 9 Edward Stahr, of Troy. 10 ACTING PRESIDENT GRIFFO: Senator 11 Johnson. 12 SENATOR OWEN JOHNSON: Move the 13 nomination. 14 ACTING PRESIDENT GRIFFO: The 15 question is on the nomination of Edward Stahr 16 as a member of the New York State Employment 17 Relations Board. All in favor signify by 18 saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT GRIFFO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT GRIFFO: The 24 nominee is hereby confirmed. 25 Mr. Stahr is in the chambers today.

Candyco Transcription Service, Inc. (518) 371-8910 4597 1 We want to extend our congratulations and best 2 wishes to Mr. Ed Stahr. 3 (Applause.) 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will read. 6 THE SECRETARY: As a member of 7 the Workers' Compensation Board, Mark D. 8 Higgins, of West Seneca. 9 ACTING PRESIDENT GRIFFO: Senator 10 Johnson. 11 SENATOR OWEN JOHNSON: Move the 12 nomination. 13 ACTING PRESIDENT GRIFFO: Senator 14 Stachowski. 15 SENATOR STACHOWSKI: Yes, 16 Mr. President, I'd like to rise to second the 17 nomination of Mark Higgins. 18 If you looked at Mark's background, 19 he's worked with labor for most of his career, 20 if not all of his career. He's got an 21 outstanding record working on behalf of the 22 working men and women of the State of 23 New York. I think that Mark comes from a 24 family of working people. 25 He's a truly good appointment by Candyco Transcription Service, Inc. (518) 371-8910 4598 1 the Governor. I think the Governor did an

2 outstanding selection here. And most 3 importantly to me, Mark Higgins is a friend. 4 ACTING PRESIDENT GRIFFO: Senator 5 Robach. 6 SENATOR ROBACH: Yes, 7 Mr. President, could I rise to second to this 8 nomination. 9 I would also say that from Mark's 10 dad, his brother, who I lived with and served 11 with in the Assembly, Brian Higgins, their 12 whole family has been really involved in 13 trying to improve their neighborhood and 14 having statewide impact across that great 15 resume. 16 And I think he'll be a tremendous 17 asset filling in on the Workers' Comp Board, 18 which is going to be a challenging job these 19 days, but I know Mark Higgins will be up to 20 it. I'm happy to second the nomination. 21 Good luck. 22 ACTING PRESIDENT GRIFFO: Senator 23 Thompson. 24 SENATOR THOMPSON: Thank you, 25 Mr. President. Candyco Transcription Service, Inc. (518) 371-8910 4599 1 I rise to support the nomination of 2 Mr. Higgins. He comes from a rich tradition 3 of public servants, people who have given not 4 only to their communities but also to make

5 government work better for all New Yorkers. 6 I'm also excited because I know 7 that last year there was a lot of work that 8 went in for many years to reform workers' 9 comp, and he'll be there to protect the rights 10 of workers. 11 And so I wish him much success, and 12 I'm certain that many people in Western 13 New York will be happy to see someone from 14 Western New York on this very, very important 15 board. 16 Congratulations. 17 ACTING PRESIDENT GRIFFO: The 18 question is on the appointment of Mark Higgins 19 as a member of the Workers' Compensation 20 Board. All in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT GRIFFO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 4600 1 nominee is hereby confirmed. 2 Mark is with us today, and we 3 extend our best wishes and congratulations. 4 (Applause.) 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: As a member of

8 the Metropolitan Transportation Authority, 9 Mark D. Lebow, of New York City. 10 As a member of the Capital District 11 Transportation Authority, Thomas M. Owens, 12 Esquire, of Albany. 13 As a member of the Ogdensburg 14 Bridge and Port Authority, Samuel James 15 LaMacchia, of Ogdensburg. 16 As members of the Port of Oswego 17 Authority, Alfred J. Archer, of Oswego, and 18 John K. Smith, of Oswego. 19 As members of the Advisory Board on 20 Public Work, Joseph R. Lagana, of West Nyack, 21 and Angela B. Cornell, of Ithaca. 22 As commissioner of the State 23 Insurance Fund, Raymond Wayne LeChase, of 24 Webster. 25 As a member of the Veterans Affairs Candyco Transcription Service, Inc. (518) 371-8910 4601 1 Commission, Ned D. Foote, of Queensbury. 2 As a member of the Waterfront and 3 Airport Commission of New York and New Jersey, 4 Ronald Goldstock, of Larchmont. 5 As director of the New York State 6 Urban Development Corporation, Robert G. 7 Wilmers, of Buffalo. 8 As members of the State Council on 9 the Arts, Judith O. Rubin, of New York City; 10 Jeffrey B. Soref, of New York City; and

11 Barbaralee Diamonstein-Spielvogel, of New York 12 City. 13 As a member of the Board of 14 Visitors of the New York State Home for 15 Veterans and Their Dependents at Oxford, 16 Theodore A. Barbuto, of Liverpool. 17 And as a member of the Public 18 Health Council, Howard Fensterman, of Hewlett 19 Harbor. 20 ACTING PRESIDENT GRIFFO: Senator 21 Johnson. 22 SENATOR OWEN JOHNSON: Move the 23 nominations. 24 ACTING PRESIDENT GRIFFO: The 25 question is on the confirmation of the Candyco Transcription Service, Inc. (518) 371-8910 4602 1 nominees as presented. All in favor signify 2 by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT GRIFFO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT GRIFFO: The 8 nominees are hereby confirmed. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 there will be an immediate conference of the 12 Majority in the Majority Conference Room. 13 And if we could stand at ease.

14 ACTING PRESIDENT GRIFFO: There 15 will be an immediate conference of the 16 Majority in the Majority Conference Room, 17 Room 332. 18 Senator Dilan. 19 SENATOR DILAN: Yes, Mr. 20 President, there will be an immediate meeting 21 of the Minority conference in Room 315. 22 ACTING PRESIDENT GRIFFO: There 23 will be an immediate meeting of the Minority 24 Conference in Room 315. 25 The Senate stands at ease. Candyco Transcription Service, Inc. (518) 371-8910 4603 1 (Whereupon, the Senate stood at 2 ease at 5:33 p.m.) 3 (Whereupon, the Senate reconvened 4 at 6:18 p.m.) 5 ACTING PRESIDENT GRIFFO: The 6 Senate will come to order. 7 Senator Winner. 8 SENATOR WINNER: Thank you, 9 Mr. President. 10 Could you return to motions and 11 resolutions, please. 12 ACTING PRESIDENT GRIFFO: We'll 13 return to motions and resolutions. 14 I'll recognize you, Senator Winner. 15 SENATOR WINNER: Thank you, 16 Mr. President.

17 On page 45, I offer the following 18 amendments to Calendar Number 1356, Senate 19 Print Number 8022A, and ask that said bill 20 retain its place on the Third Reading 21 Calendar. 22 ACTING PRESIDENT GRIFFO: The 23 amendments are received and adopted, and the 24 bill will retain its place on the Third 25 Reading Calendar. Candyco Transcription Service, Inc. (518) 371-8910 4604 1 SENATOR WINNER: Mr. President, I 2 wish to call up Senator Padavan's bill, Print 3 Number 5920, recalled from the Assembly, which 4 is now at the desk. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 570, by Senator Padavan, Senate Print 5920, an 9 act to amend the Agriculture and Markets Law. 10 ACTING PRESIDENT GRIFFO: Senator 11 Winner. 12 SENATOR WINNER: Mr. President, I 13 now move to reconsider the vote by which this 14 bill was passed. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll on reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 SENATOR WINNER: Mr. President, I

20 offer the following amendments. 21 ACTING PRESIDENT GRIFFO: The 22 amendments are accepted. 23 Senator Winner. 24 SENATOR WINNER: Thank you, 25 Mr. President. Is there any further business Candyco Transcription Service, Inc. (518) 371-8910 4605 1 at the desk? 2 ACTING PRESIDENT GRIFFO: There 3 is not. 4 SENATOR WINNER: Then I move that 5 the Senate stand adjourned until Tuesday, 6 June 24th, at 10:00 a.m. 7 ACTING PRESIDENT GRIFFO: On 8 motion, the Senate stands adjourned until 9 Tuesday, June 24th, at 10:00 a.m. 10 (Whereupon, at 6:20 p.m., the 11 Senate adjourned.) 12 13 14 15 16 17 18 19 20 21 22

23 24 25 Candyco Transcription Service, Inc. (518) 371-8910