May 21, 2008

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Date: 05/21/2008 Session: Regular

2357 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 21, 2008 11 11:07 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 2358 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 me in reciting 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: Today I 10 ask that we all bow our heads in a moment of 11 silence as we pay tribute and remember those 12 who served this great country, and our law 13 enforcement community who are with us today. 14 (Whereupon, the assemblage 15 respected a moment of silence.) 16 ACTING PRESIDENT GRIFFO: The 17 reading of the Journal. 18 THE SECRETARY: In Senate, 19 Tuesday, May 20, the Senate met pursuant to 20 adjournment. The Journal of Monday, May 19, 21 was read and approved. On motion, Senate 22 adjourned. 23 ACTING PRESIDENT GRIFFO: Without 24 objection, the Journal stands approved as 25 read.

Candyco Transcription Service, Inc. (518) 371-8910 2359 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 there will be an immediate meeting of the 4 Rules Committee in the Majority Conference 5 Room. 6 ACTING PRESIDENT GRIFFO: There 7 will be an immediate meeting of the Rules 8 Committee in the Majority Conference Room. 9 The Senate stands at ease. 10 (Whereupon, the Senate stood at 11 ease at 11:09 a.m.) 12 (Whereupon, the Senate reconvened 13 at 11:23 a.m.) 14 ACTING PRESIDENT GRIFFO: The 15 Senate will come to order. 16 Senator Skelos. 17 SENATOR SKELOS: Thank you, 18 Mr. President. If we could continue with 19 session now. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Skelos. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees. Candyco Transcription Service, Inc. (518) 371-8910 2360 1 Reports of select committees.

2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Bonacic. 6 SENATOR BONACIC: Thank you, 7 Mr. President. 8 Amendments are offered to the 9 following Third Reading Calendar bills. 10 Sponsored by Senator Winner, 11 page number 62, Calendar Number 896, Senate 12 Print Number 6151. 13 By Senator Leibell, page number 83, 14 Calendar Number 1194, Senate Print Number 15 7830. 16 And the third one is also by 17 Senator Leibell, page 83, Calendar Number 18 1195, Senate Print Number 7879. 19 ACTING PRESIDENT GRIFFO: Thank 20 you, Senator Bonacic. 21 The amendments are received and 22 adopted, and the bills will retain their place 23 on the Third Reading Calendar. 24 SENATOR BONACIC: Thank you, 25 Mr. President. Candyco Transcription Service, Inc. (518) 371-8910 2361 1 ACTING PRESIDENT GRIFFO: Senator 2 Duane. 3 SENATOR DUANE: Thank you, 4 Mr. President.

5 I move that the following bill be 6 discharged from its committee and be 7 recommitted with instructions to strike the 8 enacting clause: S7114, on behalf of Senator 9 Sabini. 10 ACTING PRESIDENT GRIFFO: So 11 ordered. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 Resolution 6050, by Senator Little, is at the 15 desk. If we could have the title read and 16 move for its immediate adoption. 17 ACTING PRESIDENT GRIFFO: The 18 Secretary will read. 19 THE SECRETARY: By Senator 20 Little, Legislative Resolution Number 6050, 21 honoring Technical Sergeant Douglas J. 22 Wildermuth upon the occasion of his 23 designation as recipient of the George M. 24 Searle Memorial Award at the 32nd Annual State 25 Police Awards Day Ceremony on May 28, 2008. Candyco Transcription Service, Inc. (518) 371-8910 2362 1 ACTING PRESIDENT GRIFFO: The 2 question is on the resolution. All in favor 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 resolution is adopted. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 Resolution 6051 is at the desk, by Senator 13 Little. If we could have the title read and 14 move for its immediate adoption. 15 ACTING PRESIDENT GRIFFO: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Little, Legislative Resolution Number 6051, 19 honoring the Warren-Washington Association for 20 Mental Health, Inc., upon the occasion of its 21 60th anniversary, to be celebrated May 27, 22 2008. 23 ACTING PRESIDENT GRIFFO: The 24 question is on the resolution. All in favor 25 signify by saying aye. Candyco Transcription Service, Inc. (518) 371-8910 2363 1 (Response of "Aye.") 2 ACTING PRESIDENT GRIFFO: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT GRIFFO: The 6 resolution is adopted. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 Resolution 6052, by Senator Larkin, is at the 10 desk. If we could have it read in its

11 entirety, move for its immediate adoption, and 12 open it up for cosponsorship. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary shall read. 15 THE SECRETARY: By Senator 16 Larkin, Legislative Resolution Number 6052, 17 calling for the observance of the National 18 Moment of Remembrance in the State of New York 19 on Memorial Day. 20 "WHEREAS, The National Moment of 21 Remembrance, established by the United States 22 Congress, asks Americans to pause for one 23 minute in an act of national unity wherever 24 they are at 3:00 p.m. on Memorial Day, May 26, 25 2008, to honor those who died for our freedom; Candyco Transcription Service, Inc. (518) 371-8910 2364 1 and 2 "WHEREAS, This moment of 3 remembrance does not replace other traditional 4 Memorial Day events. Rather, it is an act of 5 national unity in which all Americans, whether 6 alone, with family and friends, or with a 7 stranger, can help to reclaim Memorial Day as 8 the sacred and noble holiday it was meant to 9 be; and 10 "WHEREAS, Memorial Day is a day of 11 remembrance for the deceased veterans of our 12 armed services. In remembering them, we 13 recall their brave and noble deeds, which, in

14 the more than 200 years of the existence of 15 the United States, have served to preserve our 16 most prized freedoms; and 17 "WHEREAS, By observing a moment of 18 silence, in shared remembrance we connect as 19 Americans and provide all New Yorkers with the 20 opportunity to honor the veterans of New York 21 and all states, as well as the 1.2 million men 22 and women who have given their lives in 23 defense of our great nation; and 24 "WHEREAS, In encouraging Americans 25 to participate in this act of national unity, Candyco Transcription Service, Inc. (518) 371-8910 2365 1 we not only demonstrate gratitude and respect 2 for those who have served, for those who have 3 died, and for those who continue to serve, we 4 provide a sense of history for our citizens 5 and help our younger generation understand the 6 sacrifices made on their behalf, that the 7 memory of these heroes may remain forever with 8 us; now, therefore, be it 9 "RESOLVED, That this Legislative 10 Body pause in its deliberations to call for 11 the observation of the National Moment of 12 Remembrance in the State of New York on 13 Memorial Day." 14 ACTING PRESIDENT GRIFFO: Senator 15 Larkin. 16 SENATOR LARKIN: Thank you,

17 Mr. President. 18 My colleagues, it's an honor to 19 speak today in favor of this resolution. Many 20 of us will look at Memorial Day and think, 21 what's for sale today? What bargains can I 22 get? What time are the stores open? And what 23 time are the early special dinners? 24 But you know, we have some young 25 men here joining us today who fought in World Candyco Transcription Service, Inc. (518) 371-8910 2366 1 War II, Korea, Vietnam, and Iraq. That is why 2 we're asking people for the State of New York 3 to join our fellow Americans across this great 4 nation in a moment of silence at 3:00 p.m. on 5 Monday the 26th. 6 I urge all of my fellow Senators, 7 many of whom, like myself, are veterans -- or 8 if you aren't a veteran, somebody within your 9 household has served some time in combat, or 10 just in a Cold War situation. But it's very 11 important that we don't let a day like this 12 pass by. 13 I read an article in USA Today that 14 said that less than 28 percent of Americans 15 understand what Memorial Day is all about. It 16 was about the flowers that were put on graves 17 after the Civil War. 18 So I think it's important that we 19 take a few moments and reflect. You can look

20 at these young men, from my good friend George 21 Lowe, World War II, to these young two 22 troopers on the right over here who are Iraq 23 people. 24 This is important. But too often 25 the sacrifices that these men and women have Candyco Transcription Service, Inc. (518) 371-8910 2367 1 made go by without anybody recognizing. It's, 2 well, there's a parade today, but I think I 3 can go buy those new shoes, or I've got to 4 take the baby to get new diapers, or something 5 else. But without the men and women that 6 we've had who have made that sacrifice, you 7 wouldn't have that opportunity to go and shop. 8 I ask you to take a moment at 9 3:00 p.m. on Monday and reflect on what 10 Memorial Day really means. It's not a 11 holiday; it's a time to remember those who 12 have made the supreme sacrifice, and others. 13 Thank you very much, Mr. President. 14 ACTING PRESIDENT GRIFFO: Thank 15 you, Senator Larkin. 16 We wish to extend our gratitude and 17 appreciation and warm welcome to the veterans 18 who are here today, both active and retired. 19 Thank you for your service. 20 (Extended applause.) 21 ACTING PRESIDENT GRIFFO: The 22 question is on the resolution. All in favor

23 signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT GRIFFO: Candyco Transcription Service, Inc. (518) 371-8910 2368 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT GRIFFO: The 4 resolution is adopted. 5 And Senator Larkin has opened up 6 the resolution for cosponsorship. If you 7 choose not to be a cosponsor, please indicate 8 by notifying the desk. 9 Senator Skelos. 10 SENATOR SKELOS: If we could go 11 to the noncontroversial reading of the 12 calendar. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 889, by the Senate Committee on Rules, Senate 17 Print 5988, an act to amend the Hudson River 18 Park Act, in relation to authorizing. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. (518) 371-8910 2369 1 ACTING PRESIDENT GRIFFO: Senator 2 Duane. 3 SENATOR DUANE: Thank you, 4 Mr. President. 5 I want to make just a couple of 6 points as I cast my vote on this legislation. 7 First of all, the entire debate on 8 this issue and where the siting of a waste 9 transfer station should occur is all in my 10 district -- the alienation of the parkland and 11 also where the transfer sites could 12 potentially go. 13 Just very briefly, as I explained, 14 the city has always known that the site that 15 they would like to put the transfer station is 16 an illegal location because it violates our 17 state's Hudson River Park Act. 18 The city also knows that, because 19 of a court-sanctioned settlement, they had to 20 remove all sanitation facilities from the 21 Gansevoort Peninsula and they could not even 22 begin construction there till, at the 23 earliest, the end of 2012. So that would 24 delay the siting of a transfer station. 25 My colleagues on the West Side of Candyco Transcription Service, Inc. (518) 371-8910 2370 1 Manhattan and numerous community groups have

2 proposed alternative sites in our backyards in 3 my district that would in fact be able to 4 transfer larger amounts of garbage. And yet, 5 unfortunately, the city has refused to look at 6 our alternative locations in good faith. 7 I circulated a letter to everyone, 8 so I won't go on more about that. But I 9 just -- if anyone had any questions about it, 10 they could look at the study which we had 11 commissioned by Halcrow, which actually was 12 vetted by another engineering company, 13 McLaren, which the city itself has used, which 14 shows that we are right about using the tow 15 pound at Pier 76 as a waste transfer site, a 16 better location than Gansevoort peninsula. 17 I implore the Mayor and the City 18 Council to revisit this part of their solid 19 waste transfer plan. We have a better plan. 20 We would get more trucks off the streets of 21 neighborhoods that have been the most severely 22 and negatively impacted by the city's garbage 23 policies in the past. It's a better plan. 24 It's better for the City of New York. 25 And I encourage my colleagues to Candyco Transcription Service, Inc. (518) 371-8910 2371 1 vote no, and I implore the Mayor and the City 2 Council to take a real look at our 3 alternative, because it will help to get more 4 garbage and trucks off the streets of the most

5 negatively impacted neighborhoods. 6 I vote no, Mr. President, and I 7 urge my colleagues also to vote in the 8 negative. 9 Thank you. 10 ACTING PRESIDENT GRIFFO: Senator 11 Duane to be recorded in the negative. 12 Senator Diaz, to explain his vote. 13 SENATOR DIAZ: Thank you, 14 Mr. President. 15 This is one of those occasions 16 where I can stand up here and be proud of 17 voting yes, voting yes because we in the 18 minority community, the black and Hispanic 19 community, has always been the dumping ground 20 for all -- for everybody else's garbage. 21 We in the Bronx, Brooklyn, Queens, 22 we have taken Manhattan garbage for years and 23 years and years. So we have been taking the 24 garbage from everyone. Some time ago they 25 were supposed to build 11 miniplants. They Candyco Transcription Service, Inc. (518) 371-8910 2372 1 studied 60 places in the state to build 11 2 miniplants. So they studied 60 places. Out 3 of the 11 plants, they chose seven places in 4 the black and Hispanic community. Out of the 5 11 miniplants, seven were built were built in 6 black and Hispanic areas, four of them in the 7 Bronx.

8 Manhattan has no one, Manhattan has 9 no transfer station plant, nothing at all. 10 This is the first time that Manhattan is going 11 to get -- will take care of their own garbage 12 and stop trucks coming to the Bronx, coming 13 from Manhattan. They're saying that 13,600 14 less trucks will be going to the Bronx and to 15 other areas with this plan. 16 So Mayor Bloomberg is doing a good 17 thing by calling for this. Even Christine 18 Quinn, the City Council president that this 19 plant would be built in her own district, is 20 supporting this. 21 So, ladies and gentlemen, stop the 22 discrimination against the black and Hispanic 23 community. It's about time that we protect 24 our black and Hispanic community and minority 25 areas and that Manhattan, for the first time Candyco Transcription Service, Inc. (518) 371-8910 2373 1 ever, takes care of their own garbage and 2 don't dump it on us in the Bronx and Brooklyn 3 and Staten Island and Queens. 4 So I am proudly, proudly voting yes 5 on this one. Thank you. 6 ACTING PRESIDENT GRIFFO: Senator 7 Diaz to be recorded in the affirmative. 8 Senator Perkins, to explain his 9 vote. 10 SENATOR PERKINS: Thank you,

11 Mr. President. I'm going to be brief. 12 First I want to make it clear that 13 there is in Manhattan a waste treatment plant 14 in northern Manhattan, in the district that I 15 share with State Senator Eric Schneiderman. 16 However, the point that my 17 colleague has been making is a very, very 18 important point, in that communities of color 19 have been discriminated against over the years 20 with regard to whose garbage is being dumped 21 in whose community. And invariably, 22 communities of color have been the victims of 23 the garbage dumping. 24 Unfortunately, to delay is to dump 25 and to potentially dump this garbage in places Candyco Transcription Service, Inc. (518) 371-8910 2374 1 that we are trying to prevent them from being 2 dumped, and that is, again, communities of 3 color. 4 In a rare instance, all the 5 environmental justice groups throughout the 6 city, throughout the state, practically, are 7 united around one fact, that this is the best 8 solution. Unfortunately, it happens to be in 9 one of my colleague's districts. But there is 10 universal agreement that this is the best 11 solution. 12 This, by the way, happens to be the 13 second part of a two-stage situation which

14 began when I was in the City Council and 15 another treatment plant was sited, I'm sorry 16 to say, on the East Side, in an area 17 represented by another colleague of mine. 18 But again, this was absolutely 19 necessary in order to avoid perpetuating the 20 racist dumping in communities of color. 21 So I'm here to support -- I want 22 to, for the record, vote aye on this and 23 encourage my colleagues to do the same. And 24 hopefully, after we get past this, we can 25 begin to come up with better solutions such Candyco Transcription Service, Inc. (518) 371-8910 2375 1 that none of our communities have to be 2 victimized. But surely we have to break the 3 historic pattern that has allowed communities 4 like the ones that I represent to be the 5 dumping grounds. 6 I vote aye. 7 ACTING PRESIDENT GRIFFO: Senator 8 Perkins to be recorded in the affirmative. 9 Senator Krueger, to explain her 10 vote. 11 SENATOR LIZ KRUEGER: Thank you, 12 Mr. President. 13 I rise in follow-up to Senator 14 Duane, and my esteemed colleagues Senator Diaz 15 and Senator Perkins, to clarify as I vote no 16 on this bill that in fact the issues they

17 raise about dumping on communities of color 18 are real issues. The unequal distribution of 19 pollution in communities of color is a very 20 real issue. 21 But I would highlight from Senator 22 Duane's presentation and my own familiarity 23 with the issue, he's not asking for a marine 24 transfer station not to be put in his 25 district. He's saying there's an alternative Candyco Transcription Service, Inc. (518) 371-8910 2376 1 site in his own district, I believe it's only 2 10 blocks away, that has been supported by the 3 community as an alternative site and in fact 4 has been shown that could be done more quickly 5 than the Mayor's proposal. 6 So I would argue here today that if 7 the City of New York had spent the last two 8 years just doing the evaluation on the 9 alternative site that the community and the 10 elected officials have called for -- again, 11 within their own district -- that we wouldn't 12 even need to stand here and debate this. We 13 would have an alternative site within Senator 14 Duane's district in Manhattan -- not also in a 15 community of color -- that would be up and 16 running sooner than the Mayor's proposal. So 17 I don't want us to get confused on what the 18 actual discussion is. 19 I vote no on this bill, and I wish

20 that the City of New York would simply do what 21 we've been asking them: Take a look at the 22 alternative site 10 blocks away. 23 Thank you, Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Liz Krueger to be recorded in the negative. Candyco Transcription Service, Inc. (518) 371-8910 2377 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 889 are 4 Senators Aubertine, Breslin, Connor, Duane, 5 Huntley, C. Johnson, Klein, L. Krueger, 6 Oppenheimer, Parker, Sampson, Schneiderman, 7 Stavisky, Thompson and Valesky. 8 Ayes, 42. Nays, 15. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1090, by Senator Morahan, Senate Print 4438A, 13 an act to amend the Mental Hygiene Law, in 14 relation to establishing. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57.

23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 2378 1 1215, by Senator Winner, Senate Print 3231A, 2 an act to amend the General Municipal Law, in 3 relation to municipal annexation. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 7. 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, 57. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1216, by Senator Winner, Senate Print 3232, an 16 act to amend the General Municipal Law, in 17 relation to authorizing. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately on the first 22 of July. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. (518) 371-8910 2379 1 THE SECRETARY: Ayes, 57. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1218, by Senator Young, Senate Print 3846, an 6 act relating to the filing of documentation 7 for the implementation or expansion of a 8 coordinated assessment program. 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, 57. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1221, by Senator Little, Senate Print 7539, an 21 act to amend the Real Property Tax Law and 22 others, in relation to making technical and 23 clarifying amendments. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 2380 1 THE SECRETARY: Section 17. 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, 57. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1223, by Senator DeFrancisco, Senate Print -11 SENATOR LEIBELL: Lay it aside 12 for the day, please. 13 ACTING PRESIDENT GRIFFO: Lay it 14 aside for the day. 15 THE SECRETARY: Calendar Number 16 1228, by Senator Farley, Senate Print 5288B, 17 an act to authorize the Town of Caroga, County 18 of Fulton. 19 ACTING PRESIDENT GRIFFO: There 20 is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 2381 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed.

5 THE SECRETARY: Calendar Number 6 1231, by Senator Rath, Senate Print 7558A, an 7 act to amend the Parks, Recreation and 8 Historic Preservation Law, in relation to 9 developing. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 5. 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, 57. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1233, by Senator Young, Senate Print 440, an 22 act to amend the Education Law, in relation to 23 required disclosure. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 2382 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 180th today. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1233 are

8 Senators Duane and Huntley. 9 Ayes, 55. Nays, 2. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1235, by Senator Morahan, Senate Print 2440, 14 an act to amend the Education Law, in relation 15 to tuition-free courses. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect on the first of January 20 next succeeding. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 2383 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1237, by Senator Trunzo, Senate Print 3048, an 4 act to amend the Education Law, in relation to 5 scholarships for academic excellence. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first of August. 10 ACTING PRESIDENT GRIFFO: Call

11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1239, by Senator LaValle, Senate Print 3673, 18 an act to amend the Education Law, in relation 19 to volunteer recruitment. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 120th day. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 2384 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1240, by Senator LaValle, Senate Print 3905, 7 an act to amend the Education Law, in relation 8 to meetings of councils. 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, 57. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 Senator Leibell, that completes the 20 noncontroversial reading of the calendar. 21 SENATOR LEIBELL: Mr. President, 22 if we can return to reports of standing 23 committees, please, and read the report of the 24 Rules Committee. 25 ACTING PRESIDENT GRIFFO: Reports Candyco Transcription Service, Inc. (518) 371-8910 2385 1 of standing committees. 2 The Secretary will read. 3 THE SECRETARY: Senator Bruno, 4 from the Committee on Rules, reports the 5 following bills: 6 Senate Print 8166, by Senator 7 LaValle, an act to amend the Highway Law; 8 And Senate Print 8260, by Senator 9 DeFrancisco, an act to amend Chapter 62 of the 10 Laws of 2003, amending the Public Service Law. 11 Both bills ordered direct to third 12 reading. 13 ACTING PRESIDENT GRIFFO: Senator 14 Leibell. 15 SENATOR LEIBELL: Move to accept 16 the report of the Rules Committee.

17 ACTING PRESIDENT GRIFFO: All in 18 favor of accepting the report of the Rules 19 Committee signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT GRIFFO: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT GRIFFO: The 25 report is accepted. Candyco Transcription Service, Inc. (518) 371-8910 2386 1 Senator Leibell. 2 SENATOR LEIBELL: Would you 3 please take up, Mr. President, Calendar Number 4 1483, Senate Print 8166. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: In relation to 8 Calendar Number 1483, Senator LaValle moves to 9 discharge, from the Committee on 10 Transportation, Assembly Bill Number 10856 and 11 substitute it for the identical Senate Bill 12 Number 8166, Third Reading Calendar 1483. 13 ACTING PRESIDENT GRIFFO: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1483, by Member of the Assembly Thiele, 18 Assembly Print Number 10856, an act to amend 19 the Highway Law, in relation to designating a

20 certain portion of the state highway system. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the 30th day. 25 ACTING PRESIDENT GRIFFO: Call Candyco Transcription Service, Inc. (518) 371-8910 2387 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT GRIFFO: Senator 4 LaValle, to explain his vote. 5 SENATOR LaVALLE: Yes, thank you, 6 Mr. President. 7 This piece of legislation names a 8 portion of Route 114 in Sag Harbor after 9 Jordan Haerter, Lance Corporal Jordan Haerter. 10 A number of weeks ago this young man -11 19 years old -- from Sag Harbor was killed in 12 Iraq. 13 And I would tell you that the 14 residents of the village of Sag Harbor 15 memorialized this young man's life in a way 16 that we as Americans and New York State 17 residents would be so proud. The outpouring 18 of humanity and love for the family and for 19 this young man was really quite wonderful. 20 And it is a shame that a young man 21 in the prime of his life, at age 19, had his 22 life taken. But he was a hero, because a

23 truck with -- a suicide-bomb truck came into 24 the checkpoint, and he diverted that truck in 25 such a way that protected many, many other Candyco Transcription Service, Inc. (518) 371-8910 2388 1 lives. 2 And so we have a true hero in our 3 community in my district, from the village of 4 Sag Harbor, Lance Corporal Jordan Haerter. 5 And a portion of Route 114, a bridge, will be 6 named in his honor. 7 Thank you, Mr. President. I vote 8 aye. 9 ACTING PRESIDENT GRIFFO: Senator 10 LaValle to be recorded in the affirmative. 11 Announce the results. 12 THE SECRETARY: Ayes, 58. Nays, 13 0. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 Senator Leibell, that completes the 17 noncontroversial reading of the calendar. 18 SENATOR LEIBELL: One second, 19 please. 20 ACTING PRESIDENT GRIFFO: Senator 21 Hassell-Thompson, why do you rise? 22 SENATOR HASSELL-THOMPSON: Thank 23 you, Mr. President. 24 Had I been in the chamber, I would 25 have voted no on Calendar Number 889, Bill

Candyco Transcription Service, Inc. (518) 371-8910 2389 1 Number S5988. 2 ACTING PRESIDENT GRIFFO: The 3 record shall so reflect. 4 SENATOR HASSELL-THOMPSON: Thank 5 you, Mr. President. 6 ACTING PRESIDENT GRIFFO: Thank 7 you. 8 Senator Leibell. 9 SENATOR LEIBELL: Mr. President, 10 would you please go back to motions and 11 resolutions and bring up Resolution 6053 and 12 read the title, please. 13 ACTING PRESIDENT GRIFFO: Motions 14 and resolutions. 15 The Secretary will read. 16 THE SECRETARY: By Senator Bruno, 17 Concurrent Resolution Number 6053, 18 accomplishing a plan setting forth an itemized 19 list of grantees for certain appropriations 20 for the 2008-2009 state fiscal year, as 21 required by subdivision 5 of Section 24 of the 22 State Finance Law. 23 ACTING PRESIDENT GRIFFO: On the 24 concurrent resolution, the Secretary will call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 2390 1 (The Secretary called the roll.)

2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT GRIFFO: The 4 concurrent resolution is adopted. 5 Senator Robach. 6 SENATOR ROBACH: Yes, 7 Mr. President. On page 61 I offer the 8 following amendments to Calendar Number 888, 9 Senate Print Number 7659, and ask that the 10 said bill retain its place on Third Reading 11 Calendar, on behalf of yourself, Senator 12 Griffo. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Robach. 15 The amendments are received and 16 adopted, and the bill shall retain its place 17 on the Third Reading Calendar. 18 Senator Leibell. 19 SENATOR LEIBELL: Mr. President, 20 is there any further business at the desk? 21 ACTING PRESIDENT GRIFFO: There 22 is no further business. 23 SENATOR LEIBELL: Then, 24 Mr. President, I move we adjourn until 25 Tuesday, May 27th, at 3:00 p.m., intervening Candyco Transcription Service, Inc. (518) 371-8910 2391 1 days to be legislative days. 2 ACTING PRESIDENT GRIFFO: On 3 motion, the Senate stands adjourned until 4 Tuesday, May 27th, at 3:00 p.m. intervening

5 days being legislative days. 6 (Whereupon, at 11:45 a.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Candyco Transcription Service, Inc. (518) 371-8910