Tuesday, May 3, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 3, 2005 11 3:03 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT MORAHAN: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MORAHAN: The 10 Reverend Peter G. Young, from Blessed 11 Sacrament Church in Bolton Landing, will give 12 us our invocation. 13 REVEREND YOUNG: As we submit the 14 resolution for Senator McGee today, it brings 15 a very sorry kind of thought of how someone so 16 dedicated and so young and energetic has been 17 called to God. 18 We pray today that we'll be 19 strengthened by that, by her dedication, and 20 be able to carry on that example in this 21 house. 22 We ask You this, and ask You to 23 bless the energy and enthusiasm and commitment 24 of these members. We ask You this in Your 25 name, now and forever. Amen.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Reading of the Journal. 3 THE SECRETARY: In Senate, 4 Monday, May 2, the Senate met pursuant to 5 adjournment. The Journal of Sunday, May 1, 6 was read and approved. On motion, Senate 7 adjourned. 8 ACTING PRESIDENT MORAHAN: 9 Without objection, the Journal stands approved 10 as read. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 The Secretary will read. 16 THE SECRETARY: Senator Volker, 17 from the Committee on Codes, reports the 18 following bill direct to third reading: 19 Senate Print 1872B, by Senator Maltese, an act 20 to amend the Penal Law. 21 ACTING PRESIDENT MORAHAN: 22 Without objection, the bill is reported to 23 third reading. 24 Reports of select committees. 25 Communications and reports from

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(518) 371-8910 1 state officers. 2 Motions and resolutions. 3 Senator Farley. 4 SENATOR FARLEY: Thank you, Mr. 5 President. 6 On page 13 I offer the following 7 amendments to Calendar 222, Senate Print 8 Number 30, and this is on behalf of Senator 9 LaValle. 10 ACTING PRESIDENT MORAHAN: The 11 amendments are received, and the bill will 12 retain its place on the Third Reading 13 Calendar. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, I 16 believe there are substitutions at the desk to 17 be made at this time. 18 ACTING PRESIDENT MORAHAN: The 19 Secretary will read. 20 THE SECRETARY: On page 4, 21 Senator Golden moves to discharge, from the 22 Committee on Housing, Construction and 23 Community Development, Assembly Bill Number 24 6878 and substitute it for the identical 25 Senate Bill Number 3977, First Report Calendar

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(518) 371-8910 1 677. 2 On page 12, Senator Golden moves to 3 discharge, from the Committee on Cities, 4 Assembly Bill Number 630 and substitute it for 5 the identical Senate Bill Number 2429, Third 6 Reading Calendar 199. 7 On page 13, Senator Golden moves to 8 discharge, from the Committee on Cities, 9 Assembly Bill Number 5627 and substitute it 10 for the identical Senate Bill Number 2738, 11 Third Reading Calendar 201. 12 On page 14, Senator Little moves to 13 discharge, from the Committee on Local 14 Government, Assembly Bill Number 393 and 15 substitute it for the identical Senate Bill 16 Number 726, Third Reading Calendar 256. 17 On page 22, Senator Nozzolio moves 18 to discharge, from the Committee on Crime 19 Victims, Crime and Correction, Assembly Bill 20 Number 4982 and substitute it for the 21 identical Senate Bill Number 512, Third 22 Reading Calendar 413. 23 On page 35, Senator DeFrancisco 24 moves to discharge, from the Committee on 25 Judiciary, Assembly Bill Number 7254 and

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(518) 371-8910 1 substitute it for the identical Senate Bill 2 Number 3441, Third Reading Calendar 596. 3 And on page 41, Senator Seward 4 moves to discharge, from the Committee on 5 Insurance, Assembly Bill Number 7708 and 6 substitute it for the identical Senate Bill 7 Number 5248, Third Reading Calendar 676. 8 THE PRESIDENT: Substitutions 9 ordered. 10 Senator Skelos. 11 SENATOR SKELOS: Madam President, 12 if we could adopt the Resolution Calendar, 13 with the exception of Resolution 1643. 14 THE PRESIDENT: All in favor of 15 so adopting the Resolution Calendar please 16 signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The Resolution 21 Calendar is so adopted. 22 Senator Skelos. 23 SENATOR SKELOS: Madam President, 24 on behalf of Senator Golden, Resolution 1601, 25 commemorating the election of Cardinal Joseph

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(518) 371-8910 1 Ratzinger as Pope Benedict XVI to the papacy, 2 he'd like to open the resolution to 3 sponsorship by the entire Senate. 4 If anybody wishes not to sponsor 5 the resolution, they should notify the desk. 6 THE PRESIDENT: Any member who 7 does not want to be a cosponsor of Resolution 8 1601, please notify the desk. 9 Senator Skelos. 10 SENATOR SKELOS: Madam President, 11 at this time if we could take up Resolution 12 1643, by Senator Volker, have it read in its 13 entirety and move for its immediate adoption. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: By Senator 17 Volker, Legislative Resolution Number 1643, 18 honoring Eugene Hutchinson, the Consul General 19 of Ireland, upon the occasion of his 20 designation for special recognition. 21 "WHEREAS, It is the sense of this 22 Assembled Body to publicly recognize those 23 extraordinary individuals who have made 24 contributions to the success and progress of 25 society in the course of their life's work;

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(518) 371-8910 1 and 2 "WHEREAS, This Assembled Body is 3 justly proud to honor Eugene Hutchinson, the 4 Consul General of Ireland, upon the occasion 5 of his designation for special recognition; 6 and 7 "WHEREAS, Eugene Hutchinson was 8 educated at the Rainy Endowed School, 9 Magherafelt, County Derry, and at St. 10 Patrick's College, Armagh. He earned a 11 Bachelor's Degree in History and Political 12 Science from Trinity College in Dublin, and he 13 received a Diploma in Education from the 14 Aberdeen College of Education; and 15 "WHEREAS, Eugene Hutchinson is 16 ending his appointment at the Irish Consulate 17 in New York City; and 18 "WHEREAS, Throughout Eugene 19 Hutchinson's 31-year career, he has worked for 20 the Department of Foreign Affairs of Ireland. 21 Within that time span, he has served in 22 various offices and positions such as the 23 Economic Division, Dublin; as Vice Consul, 24 Consulate General of Ireland, New York; the 25 Permanent Mission of Ireland to the United

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(518) 371-8910 1 Nations, New York; the Embassy of Ireland, 2 Lagos; the Permanent Representation of Ireland 3 to the European Communities, Brussels; the 4 Political Division, Dublin; Sarajevo (on 5 secondment) -- implementation of the Dayton 6 Accords; as Counsellor, Embassy of Ireland, 7 London; and currently as Ambassador, Consul 8 General of Ireland, New York; and 9 "WHEREAS, With him throughout have 10 been his wife, Adele, and their children, 11 Claire, Paul and Ben, all of whom feel 12 privileged to be a part of his life and 13 rejoice in his achievements; and 14 "WHEREAS, Eugene Hutchinson is an 15 inspiration to many people, and his dedication 16 and commitment to the foreign affairs of 17 Ireland have proven him to be the epitome of 18 true leadership; now, therefore, be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to honor 21 Eugene Hutchinson, the Consul General of 22 Ireland, upon the occasion of his designation 23 for special recognition; and be it further 24 "RESOLVED, That a copy of this 25 resolution, suitably engrossed, be transmitted

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(518) 371-8910 1 to Eugene Hutchinson." 2 THE PRESIDENT: Senator Volker. 3 SENATOR VOLKER: Madam President, 4 if I might, as the vice president of the 5 American Irish Legislators, I would like to 6 welcome Eugene Hutchinson here and 7 congratulate him on his many years of efforts 8 on behalf of the Irish government and for 9 being the consul general in New York City. 10 We appreciate all he's done to 11 foster American Irish consultation. And if 12 you look and if you heard his resolution, he's 13 been involved in a great many worldwide 14 undertakings in trying to bring peace and 15 prosperity to this world. 16 Being from Ireland, my family being 17 from Ireland myself -- although I'm not from 18 Ireland originally; my grandfather came from 19 Ireland not too far from where the consul 20 general was brought up -- I can certainly say 21 that he is one of the most distinguished 22 citizens of the entire world. 23 And I congratulate him and thank 24 him for coming here and congratulate him on 25 behalf of the Senate and the American Irish

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(518) 371-8910 1 Legislators Association for coming here and 2 honoring us. 3 Thank you very much. 4 THE PRESIDENT: Senator Golden. 5 SENATOR GOLDEN: Thank you, Madam 6 President. 7 I rise today to also congratulate 8 the counselor for being here in our chambers. 9 It wasn't too long ago when I was 10 in Ireland in 1993, and I brought my wife 11 from -- at that point it was Dublin, and we 12 went up to the north of Ireland. And there 13 you had seen the train was stopped and the 14 tracks in front of us were blown up, and you 15 were taken off the train and brought by 16 vehicle around to another train and then 17 brought into the city in northern Ireland. 18 And when you were off the train, 19 you were searched. Then when you went into 20 the town, when you went into the stores, you 21 were searched. There were men with -- 22 government soldiers with machine guns 23 throughout the north of Ireland. 24 It was an area that was very 25 unsafe, an area that we've seen much loss of

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(518) 371-8910 1 life over the century and especially in the 2 last 30 years. 3 We've seen a turnaround, a complete 4 turnaround in the peace that we now see in 5 Ireland. And we commend you, Mr. Hutchinson, 6 Counselor Hutchinson, for your great 7 contributions to Ireland and to this country, 8 for the millions that live here in New York 9 State and to the tens of millions that live 10 across this great country. 11 Ireland has come a long way under 12 its leadership and under your leadership, and 13 we congratulate your country, your nation, and 14 we congratulate you and your family for being 15 here today. 16 My family, from Galway and from 17 Cavan, are very, very proud of the 18 contributions that you have made, as well as 19 this body is here. 20 Thank you, sir. Thank you for 21 being here. 22 THE PRESIDENT: Senator Farley. 23 SENATOR FARLEY: Thank you, Madam 24 President. 25 As a former Irish Legislator of the

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(518) 371-8910 1 Year for this chamber, we'd like to welcome 2 you here and to say what a fine job you've 3 done for Ireland and also for our country. 4 And of course our distinguished 5 Lieutenant Governor and Madam President is an 6 Irish-American, as many members of this 7 chamber trace their heritage back to Ireland. 8 I happened to bring out the flag that I had in 9 my drawer. 10 And I just want to wish you and 11 your family well, Sir Consul. 12 THE PRESIDENT: On the 13 resolution, all in favor please signify by 14 saying aye. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The resolution is 19 adopted. 20 (Applause.) 21 THE PRESIDENT: And I do think 22 it's appropriate, as Mary O'Connor Donohue, to 23 invite you up here officially and to welcome 24 you. 25 CONSUL GENERAL HUTCHINSON: Thank

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(518) 371-8910 1 you so much. Thank you again. 2 THE PRESIDENT: Senator Bruno. 3 SENATOR BRUNO: Madam President, 4 I believe I have a privileged resolution at 5 the desk. I would ask that it be read in its 6 entirety and move for its immediate adoption. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator Bruno, 10 Legislative Resolution Number 1680, paying 11 grateful tribute to the remarkable life and 12 career of Patricia K. McGee, New York State 13 Senator of the 57th District. 14 "WHEREAS, It is the sense of this 15 Legislative Body that the quality and 16 character of life in the great State of 17 New York is enriched by the faithful and 18 caring efforts of those exceptional 19 individuals whose lifework and civic endeavors 20 have served to enhance our basic humanity; and 21 "WHEREAS, The members of the New 22 York State Legislature are greatly moved this 23 day to pay reverent tribute to Patricia K. 24 McGee, New York State Senator of the 57th 25 District and cherished friend and colleague;

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(518) 371-8910 1 and 2 "WHEREAS, Long-time Republican 3 State Senator Patricia K. McGee, of 4 Franklinville, New York, died on Saturday, 5 April 2, 2005, at the age of 70; and 6 "WHEREAS, Representing the 57th 7 Senate District, consisting of Allegany, 8 Cattaraugus, and Chautauqua Counties, as well 9 as parts of Livingston County, Patricia McGee 10 will be remembered for her leadership on 11 women's issues, her strong support of higher 12 education and transportation, and her tireless 13 advocacy on behalf of New York's farmers and 14 rural communities; and 15 "WHEREAS, Born Patricia Gould in 16 Delevan, New York, she is a graduate of Alfred 17 State College. In 1960, she married Maurice 18 'Mike' McGee; and 19 "WHEREAS, Affectionately known as 20 Patty by her constituents, Senator Patricia 21 McGee was recognized for her energy, her 22 follow-through work ethic, and her 23 determination and willingness to help the 24 people of the communities she so proudly 25 represented; and

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(518) 371-8910 1 "WHEREAS, Patricia McGee was a 2 lifelong resident of Cattaraugus County who 3 served as a county legislator for 10 years, 4 eventually becoming the first female majority 5 leader; and 6 "WHEREAS, On June 16, 1987, she was 7 elected to the New York State Assembly. As an 8 Assemblywoman, she served as chairwoman of the 9 Agriculture Committee and also headed the 10 State Commission on Rural Resources. For six 11 years, she was ranking minority member on the 12 Assembly Committee on Transportation, and 13 served on the Rules, Higher Education, and 14 Environmental Conservation committees; and 15 "WHEREAS, Patricia McGee was then 16 elected to the New York State Senate in 1998. 17 As a Senator, she was chairwoman of the 18 Committee on Alcoholism and Drug Abuse, and 19 served on the committees on Aging, 20 Corporations, Authorities and Commissions, 21 Environmental Conservation, Higher Education, 22 Transportation, and Social Services; and 23 "WHEREAS, Furthermore, Senator 24 McGee was vice chairwoman for a time in the 25 State Legislative Women's Bipartisan Caucus,

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(518) 371-8910 1 and served on several task forces, including 2 panels on economic development and the future 3 of the State University of New York; and 4 "WHEREAS, Her legislative 5 accomplishments include sponsoring the 6 legislation which made the New York State 7 Constitution gender-neutral; passing Penny's 8 Law, which removed the sentencing inequities 9 between juveniles and adults convicted of 10 murder in the second degree; expanding the 11 Operation Recognition Program to include 12 Korean War veterans; and preventing Shaken 13 Baby Syndrome by requiring all maternity 14 patients to receive instruction and 15 information on the dangers of shaken infants 16 and young children; and 17 "WHEREAS, Throughout her tenure as 18 an elected official, Senator Patricia McGee 19 remained an active member of her community. 20 She belonged to numerous community 21 organizations, some of which include 219 22 Liaison Committee, Farm Bureau, Cattaraugus 23 County Tourist Bureau, and the Chautauqua 24 County Women's Political Caucus. In addition, 25 she was a member of the Veterans of Foreign

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(518) 371-8910 1 Wars Auxiliary in Franklinville, the American 2 Legion Auxiliary, and the Jamestown Disabled 3 American Veterans Auxiliary; and 4 "WHEREAS, Senator Patricia K. McGee 5 is survived by her husband, Mike; their three 6 foster daughters, Ann, Carol, and Norma; her 7 brother, Dana Gould; and her niece, Vicki, and 8 her husband, Roger Balcom; and 9 "WHEREAS, The legacy of Patricia K. 10 McGee will long serve as a model of integrity 11 and devotion to public service, and it is now 12 the intent of this Legislative Body to 13 inscribe upon its record this somber and 14 grateful tribute to her memory, hopeful that 15 future generations may understand and 16 appreciate the benevolence of this 17 distinguished public servant, the merit of her 18 causes, and the caliber of her service to the 19 citizens of New York; now, therefore, be it 20 "RESOLVED, That this Legislative 21 Body pause in its deliberations to pay 22 grateful tribute to the remarkable life and 23 career of Patricia K. McGee, New York State 24 Senator of the 57th District, and be it 25 further

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(518) 371-8910 1 "RESOLVED, That a copy of this 2 resolution, suitably engrossed, be transmitted 3 to the family of Senator Patricia K. McGee." 4 THE PRESIDENT: Senator Bruno. 5 SENATOR BRUNO: Thank you, Madam 6 President and colleagues. 7 We've just heard a resolution 8 describing, in a few minutes, 27 years of 9 public service here in the Capitol, many of 10 the years here in the Senate. There's an 11 empty chair here where Senator McGee no longer 12 sits. But Patty's spirit is here in this 13 chamber, and her spirit will stay in this 14 chamber through her colleagues, through the 15 people that she interfaced with, because she 16 was just a remarkable lady. 17 Her husband, Mike, is here. And, 18 Mike, welcome here to this Senate chamber that 19 Patty loved so much. And her niece, Vicki 20 Balcom, and her husband, Roger. And Sharon 21 Hill-McLarney, who was with Patty as chief of 22 staff for a lot of years, joined with her 23 husband, Joe. 24 And they know better than any of us 25 the commitment that Patty had to her

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(518) 371-8910 1 constituency. But more than just to her 2 constituency, to all of the people here in 3 this state. 4 So, yes, we miss Patty. But the 5 works that she did with alcoholism, substance 6 abuse -- I see Father Peter Young here, a 7 great advocate. Patty, whatever she did, she 8 just did it with a fervor. 9 But, you know, unlike a lot of us 10 here in the chamber, she didn't have an ego. 11 Which is something all of us ought to try and 12 relate to. Her actions, she always felt, 13 spoke the loudest, and her actions were always 14 righteous and loud. But her presence was one 15 of just being a humble person. 16 She was just a person that you 17 wanted to be with and relate to and talk to, 18 because you knew there was a sincerity about 19 her. No pretenses. Nothing other than 20 speaking from her heart, speaking emotionally, 21 with a fervor, just feeling strongly about 22 what she did. 23 And, yes, she loved her district 24 and Cattaraugus, where she was born and spent 25 most of her life, and used to come in here

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(518) 371-8910 1 bragging about all the products, like your 2 maple syrup and the mustard that you 3 manufacture out there, apparently. And she 4 took great -- not you, Mike, but out there 5 generally. She just took great pride in 6 everything that related to her district. 7 And we here are proud of all the 8 good work that she did, proud that we call 9 Patty a friend. And we just know that her 10 spirit is here in our lives, in all of our 11 lives, and will stay here. 12 And Patty made a great choice in 13 Mike. Mike is a very down-to-earth, regular 14 kind of guy, and I've gotten to know him. A 15 war hero, wounded in Europe. 16 And Mike, I really have to tell you 17 that I admire his honesty. He said he was 18 wounded in Italy and as a result they assigned 19 him to the softest duty any soldier could have 20 for months. Now, there aren't many people 21 that would admit to that, but Mike enjoyed it. 22 And he didn't enjoy being wounded, but he 23 enjoyed that duty. 24 So, Mike, we're glad that you're 25 here and just want you to be aware -- and

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(518) 371-8910 1 you'll hear from her colleagues, as you heard 2 in this resolution, just how much Patty meant 3 to all of us in our lives as well as to all of 4 the people here in this state whose lives she 5 affected in so many ways. 6 Thank you. 7 THE PRESIDENT: Senator Paterson. 8 SENATOR PATERSON: Thank you, 9 Madam President. 10 I first met Senator McGee when she 11 was a member of the Assembly. But I think 12 that my first real memory of her here in the 13 Senate is that she was here but a month when 14 Senator Bruno asked her to serve as the acting 15 president, as she did so often here. And at 16 the time, as the floor leader for the 17 Minority, I worked with her extensively. 18 But she was sitting where you are 19 sitting right now, Madam President, in her 20 first month here. And I think that the 21 reason -- I've never asked the leader why he 22 put her there so quickly. I think that's 23 where she belonged. She was a leader. 24 She was someone who spoke with 25 authority and yet one of the most

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(518) 371-8910 1 down-to-earth, just genuine people that I have 2 ever met. And serving for 11 years in the 3 Assembly and for six years in the Senate, I 4 think all of her colleagues were unanimous -- 5 and it's very hard to get us to be unanimous 6 about anything, but I think we all felt that 7 way about her. 8 Her distinction, particularly with 9 her expertise on rural issues and farming, and 10 particularly transportation -- and her 11 expertise about the way transportation 12 operates in New York City was astounding. But 13 I think that her great credentials and credits 14 have already been read into the record, and I 15 think that everyone here recognized her 16 professionalism. 17 But I think that what we will miss 18 the most about Senator McGee was just her, 19 just the way she was and the way she treated 20 everyone. I think the leader put it best when 21 he said that so many of us need to control our 22 egos, but she didn't have one. I don't know 23 why he was looking at me when he said that. 24 (Laughter.) 25 SENATOR PATERSON: But we really

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(518) 371-8910 1 had a lot of fun one day a few years ago when 2 Senator McGee and I decided to have a little 3 fun in this chamber. She asked Senator Nancy 4 Larraine Hoffmann to sit in Senator Bruno's 5 seat and to run the floor. And when she 6 accomplished that, then I asked Senator 7 Velmanette Montgomery to sit in my seat. And 8 then after they passed a few bills, I 9 announced that we finally had three women in a 10 room, and the place seemed to be run a whole 11 lot better than it had ever been run before. 12 And that is how I'll remember her. 13 In January, I realized that we had 14 both contracted pneumonia, and I called her. 15 And she was very strong. And I really 16 expected that she would be right back here 17 among us. And, sadly, it didn't turn out that 18 way. 19 And so to her husband, Mike, to her 20 niece, Vicki, and her husband, Roger, and all 21 the members of her family and the members of 22 her staff, who must have felt like family, we 23 on behalf of the Senate want to thank you for 24 so much time that you missed being with her 25 but that she utilized serving all the

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(518) 371-8910 1 residents of this state so admirably. 2 Thank you. 3 THE PRESIDENT: Senator Volker. 4 SENATOR VOLKER: Madam President, 5 it is not easy for me to speak about Pat 6 McGee, who I guess I've known for about twenty 7 years or more. I actually knew her before she 8 was in the Assembly, when she was part of the 9 local legislature and, I believe, the first 10 woman chairman of the legislature. 11 The reason I got to be friendly 12 with her was that in those days Warren 13 Anderson and I had talked about Western 14 New York legislators. And very honestly, we 15 were looking for women legislators to possibly 16 be in the Senate. 17 And Pat McGee was probably the most 18 interesting person that I had ever met from 19 the Southern Tier. As I've said before, she 20 was one of the people who could yell at me and 21 still be a good friend. And I think one of 22 the things that we should all realize is that 23 that's not a bad thing for all of us to do. 24 And you were speaking of ego. 25 Every once in a while, she would call me up

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(518) 371-8910 1 and start yelling over some issue. And I 2 said, "What are you talking about?" And she'd 3 say, "Well, you're supposed to be a leader, 4 you're supposed to" -- then she'd go and then 5 she'd say, "Oh, why am I yelling at you? 6 Because I couldn't reach Bruno," or something 7 or other. 8 (Laughter.) 9 SENATOR VOLKER: And I said okay. 10 But seriously, she was -- I have to 11 admit that she was like a sister to me in many 12 ways. We talked a lot about issues, about our 13 families. 14 When she was in the Assembly, I had 15 always told her, I said, "Well, when Jess 16 finally retires, I expect you'll be running 17 for the Senate." I said, "If you ever get in 18 trouble, give me a call." And I said, "We 19 might be able to help you." 20 Well, there was one time she did 21 that. And she said, "Well, I'm not in any 22 real trouble, but," she says, "I got somebody 23 to run against me who's kind of nasty." And 24 she said, "You know how nasty I get." I said, 25 "Oh, Pat, you're not going to get nasty."

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(518) 371-8910 1 But we kind of watched over her, 2 and of course she did come to the Senate 3 eventually. And she, in my opinion, was one 4 of the strongest people in this body. In 5 fact, I have to admit to you that I was 6 telling people right to the end that I was 7 sure she was going to come back. 8 And the day, in fact, that she 9 died, Mary Lou -- Senator Rath and I were 10 about to go to the hospital to see her with a 11 huge card that Chuck Fuschillo had picked up 12 for her, and the entire Majority delegation 13 signed it. 14 And we were convinced -- and I 15 guess I should have seen the last couple of 16 conversations I had with her, she was gasping 17 a little bit. But we were convinced, and I 18 guess maybe because I've always thought of her 19 as just so strong and ready to move on. 20 The final thing I'm going to tell 21 you is that Joe Bruno and I have talked about 22 this at the funeral, and I thank all those 23 members who were there and those that I know 24 would have liked to have been there. As soon 25 as the mass started, one of the ministers did

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(518) 371-8910 1 a banjo or I guess it was a guitar or whatever 2 you call it, and we both realized -- Bruno 3 looked over to me with this quick look, 4 Senator Bruno, and we both knew that Patty had 5 to have planned this whole thing. Because she 6 would not have liked, you know, a staid kind 7 of funeral. And it was clear to us that the 8 service was something that she had planned. 9 And at the end, I must tell you, 10 when we sang, at the end of the service, "God 11 Bless America," I thought, Patty's right here 12 with us, there's no question about it. 13 Because that's what she would have wanted. 14 That's what she wanted. The family, I know, 15 did exactly what she wanted, which was a good 16 thing to do when you were dealing with Pat 17 McGee. 18 But we will all miss her here. And 19 I can tell you this, that she'll never be away 20 from us. And I think the one thing we all 21 have to realize is the members of the Senate 22 who really are institutional never really 23 leave us. They're always part of us. And I 24 think that's one of the great things about 25 this house, is that people like Pat McGee make

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(518) 371-8910 1 this house what it is. 2 And I say to Mike and to the 3 family, thank you for giving her to us. Thank 4 you for what opportunity you gave us. And 5 we'll never forget her. 6 Thank you. 7 THE PRESIDENT: Senator 8 DeFrancisco. 9 SENATOR DeFRANCISCO: Thank you, 10 Madam President. 11 You know, a lot will be said. I'm 12 sure all of her colleagues will want to speak 13 today. But I just want to bring up one other 14 quality that I think is probably the most 15 important quality that Pat had, and that was 16 her humor. 17 In most settings in the Senate, 18 there's more men at the events than women, you 19 might imagine, if you look around here. She 20 could go with the best of them, there's no 21 question about it. She had a quick wit. She 22 was a funny woman. And she really brought a 23 great element of humor to this body, among the 24 many serious things that she worked on. 25 And I really think one of the

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(518) 371-8910 1 sentiments that most of us have is when Pat 2 came back for a couple of days after she got 3 ill, I really thought she'd be back. And no 4 one even -- I know I didn't even think, I had 5 no clue that the situation was as serious as 6 it was. And I think the only regret I have 7 today with respect to Pat McGee is that I 8 couldn't say goodbye to her. 9 She was a wonderful woman, a great 10 colleague, and she will be missed deeply by 11 all of us. 12 THE PRESIDENT: Senator Bonacic. 13 SENATOR BONACIC: Thank you, 14 Madam President. 15 I think to know Senator McGee was 16 to love her. I served six years in the 17 Assembly seated next to her. We came into the 18 Senate together in 1999, and I was seated next 19 to her for four years. So for many days of 20 10 years of my life, I got to speak at length 21 with Pat McGee. And our offices were next to 22 each other on the eighth floor. 23 And many people will talk about the 24 attributes of Pat. And I don't mean to be 25 repetitious, but the thing that struck me the

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(518) 371-8910 1 most about this wonderful woman was that if 2 she was walking down the hall and saw someone 3 sweeping the floor, whether she saw someone at 4 staff, whether it was her own staff or a 5 staffer in anyone else's office, or whether it 6 was the elevator operator or whether it was a 7 colleague or it was the Governor of this great 8 state, she treated everyone with the same 9 smile, the same respect, and the same dignity. 10 She made every one of us a better 11 person, and for that we will always be 12 grateful. And she is in a better place. And 13 this chamber has been enriched by her being an 14 elected official -- probably the kindest 15 elected official I've ever met. 16 There's one thing that I could 17 never get over. I would see her with a pile 18 of letters all the time at that desk, and I'd 19 see her with this pencil, like six pencils, 20 and she's writing a mile a minute. And I 21 said, "Pat, what are you doing?" She says, 22 "I'm answering the constituent." I said, "You 23 mean you write every letter back that you 24 receive?" And she says, "Yes, I do." 25 And I said, "You're amazing. How

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(518) 371-8910 1 come you don't have a staffer do that for you, 2 because you have so much to do?" She says, 3 "No, I want to read the letters and I want to 4 answer them." 5 That is the kind of person and 6 dedicated servant she was. She took care of 7 the smallest detail, no matter how long it 8 took. 9 So a wonderful woman. We will all 10 miss her. And we thank you for sharing her 11 with us. 12 Thank you. 13 THE PRESIDENT: Senator Maziarz. 14 SENATOR MAZIARZ: Thank you very 15 much, Madam President. 16 I had the occasion to travel to 17 Albany, to fly to Albany with Pat, we were on 18 the same schedule many times. And she was a 19 great friend. 20 I know when I was first elected to 21 the Senate back in 1995, and she was a member 22 of the Assembly, she was, I think, one of the 23 first members of the Assembly from Western New 24 York to come over and to offer her 25 congratulations and her advice.

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(518) 371-8910 1 And she offered that advice 2 throughout the time here. Sometimes it was 3 unsolicited advice, I might add. But it was 4 always there, and it was always positive. 5 And I know that as part of our 6 Western New York delegation, with Senator 7 Volker and Senator Rath and Senator Stachowski 8 and Senator Brown, Pat McGee, even though she 9 represented the Southern Tier of Western 10 New York -- and what we in the northern area 11 of Western New York, the Buffalo-Niagara 12 section, consider to be somewhat of the rural 13 area -- there was never an issue, whether it 14 involved the City of Buffalo, Niagara, or any 15 part of Western New York, that Pat didn't 16 assist us in any way that she could. 17 I know that I for one am truly 18 going to miss her. Just a few short months 19 ago, I was married, and she wrote me the 20 nicest letter giving me, again, unsolicited 21 advice on the topic of marriage, which I hope 22 to live by. 23 Thank you, Madam President. 24 THE PRESIDENT: Senator LaValle. 25 SENATOR LaVALLE: Thank you,

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(518) 371-8910 1 Madam President. 2 I think Senator McGee was certainly 3 a perky, very direct, plain-spoken individual 4 who got to her point and conclusion very, very 5 quickly. You knew exactly where she was going 6 and what was on her mind. 7 The people certainly of the 57th 8 District were really very well served by her 9 being here and I think, as Senator Bonacic 10 pointed out, very in-tuned with what was going 11 on. 12 But she and I really got to know 13 one another as a member of the Senate 14 Committee on Higher Education. She I believe 15 attended just about every meeting, 16 participated fully in its deliberations, and 17 really studied all the bills. And being a 18 Majority member, I mean, Pat would vote no 19 without recommendation, but you knew very 20 clearly that she was going to participate in 21 the process. 22 The committee was very, very 23 focused about a year ago on wanting to deal 24 with the nursing shortage problem. And we 25 looked at what was under our purview in

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(518) 371-8910 1 committee, and I made an executive decision to 2 put together a group of people, a little 3 subcommittee, and I named Pat the chairperson 4 of that committee. She in a very short time 5 came back to me and said she was going to hold 6 five or six roundtable discussions around the 7 state, bringing in all the stakeholders to 8 participate. 9 And as we moved forward, it became 10 very, very evident that one of the needs was, 11 in higher education, that there were not 12 enough faculty members. And by having only 13 the same number of faculty members that we 14 have, we could only generate the same number 15 of students in terms of output and then into 16 the hospitals. So by increasing the number of 17 faculty members, we could thereby increase the 18 number of people out into our community 19 hospitals in the health care system. 20 Pat participated and was meticulous 21 in how each of the sessions were conducted, 22 the kind of input that we got, and how the 23 report to the committee came out. And as a 24 result of her leadership on that subcommittee 25 and on the Higher Education Committee, in this

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(518) 371-8910 1 year's budget, for the first time, we put 2 money in for nursing scholarships and money 3 for loan forgiveness for individuals who will 4 move forward into the faculty and academic 5 setting. 6 So for all those individuals who 7 will have opportunities to fulfill a nursing 8 career, they should thank Senator Patricia 9 McGee for her work. And those in higher 10 education that will be the teachers for those 11 students, they should be thanking Senator 12 Patricia McGee on that good work that she did. 13 Just in closing, as chair of the 14 Majority Conference, each of the members have 15 certain signals that they give in wanting to 16 be recognized. And Pat always made the 17 gesture of "just a little bit," I want to 18 speak just a little bit. And she did. As I 19 said in my introductory remarks, she knew 20 exactly what the conclusion was. She started, 21 laid out the facts in a very direct way, and I 22 think everyone got her point. 23 And she served her constituency so 24 very well. We will certainly miss her. 25 THE PRESIDENT: Senator Rath.

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(518) 371-8910 1 SENATOR RATH: Thank you, Madam 2 President. 3 Mike, Vicki, Roger, thank you for 4 being here with us today. As I said to you, 5 Mike, you would hear things today about Pat 6 that you certainly would never have heard from 7 her, because she would have been too modest or 8 she wouldn't have thought that maybe you would 9 be interested. But I'm sure you would have 10 been. 11 What an extraordinary person Pat 12 was. The Buffalo News identified her as a 13 tireless advocate for the Southern Tier. 14 I met Pat about twenty years ago. 15 We were meeting every month or so somewhere in 16 Western New York, the eight counties, at a 17 grouping of county legislators that met -- 18 now, here's going to be a surprise for you, we 19 were working on a bipartisan welfare and 20 Medicaid reform coalition. Sound familiar? 21 Even then, Pat and I were knee-deep in working 22 towards what we thought was important 23 legislation. 24 And of course we'd fire things off 25 to the New York State Senate and the Assembly.

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(518) 371-8910 1 And don't know if you all ever got the 2 message, or you probably would have done it 3 immediately. 4 But Pat and I were tireless in our 5 efforts all those years ago, and what fun we 6 had getting to know each other. 7 And how she loved her staff in the 8 Rural Resources Commission, and some of you 9 are here today. And I called the staff and 10 asked if they had some recollections. And so 11 let me give you a few words from some of them 12 and what they thought. 13 "She made a concerted effort to get 14 to know each of us on a personal basis. And 15 when I got engaged last year, she was one of 16 the first persons I wanted to tell. I knew 17 she was sincerely happy for me." 18 "When Pat was in the intensive care 19 unit at Kenmore Mercy Hospital, she had been 20 working on a personal letter to honor a 21 special occasion for one of her constituents. 22 She was concerned because she had not been 23 able to finish the letter, so she called the 24 staff and said: 'You guys make sure you get 25 the letter finished.' And I know you did."

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(518) 371-8910 1 "She was always encouraging and 2 upbeat, even if she was not feeling well 3 herself. And every day she thanked us for 4 coming to work and doing such a good job. 5 "Pat McGee set the tone for the 6 office. We were a real team and a staff that 7 worked well together because we respected and 8 admired our boss." 9 "The things I remember about 10 Senator McGee, I remember her ability to 11 empower people around her to do things beyond 12 what they thought they were capable of doing. 13 She treated everyone with compassion and 14 respect, always adding a little humor to keep 15 everyone relaxed." 16 The district office. "Pat was a 17 gold standard for politicians and for women. 18 She rarely turned down the opportunity to meet 19 any group. Even when she was in her district 20 office, if people came in, she would come out 21 the door and meet with them and talk with 22 them, particularly the young people. Everyone 23 knew they had a friend after they'd talked 24 with Pat." 25 Another said, "I always called her

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(518) 371-8910 1 'Senator.' And she said, 'You don't have to 2 call me Senator; we're friends.' And I 3 responded, 'I don't have to call you Senator, 4 but I love doing it, because you're so 5 deserving of the title.'" 6 And, Sharon, your comment: In 15 7 years that you worked for her, you never had a 8 day that you didn't look forward to going to 9 work. 10 And my all-time favorite was one 11 that you all shared with me. And maybe if you 12 had an office next door to her, John, maybe 13 you would hear it. Because when she would 14 come back in after a long day of legislature 15 work, she would say "Mother's home," and would 16 go in and talk to everyone about what had 17 transpired during the day. 18 What a wonderful, wonderful woman. 19 And, Senator Paterson, you caught the essence, 20 I think, of Pat in the chair. But let me give 21 you my recollection of Pat in the chair. 22 When things would come a little bit 23 unglued around here, as they do sometimes, she 24 would bang the gavel, and then she would stand 25 there with the gavel in her hand, sort of like

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(518) 371-8910 1 this, and she would say: "Senator So-and-so, 2 did you wish to ask a question of Senator 3 Thus-and-so?" And of course the Senator would 4 say, "Yes, I did." "I would be more than 5 happy to translate your request through the 6 chair." 7 And then of course order would be 8 restored, and we would proceed. And wasn't 9 she wonderful the way she did that. It kept 10 us on an even keel, with civility and with 11 poise. 12 So what can be said in closing 13 except thank you, Pat, for your energy, your 14 enthusiasm, your insight, your leadership, but 15 most of all for your friendship. May you rest 16 in peace. 17 THE PRESIDENT: Senator 18 Marcellino. 19 SENATOR MARCELLINO: As you've 20 heard, Pat was well-liked by everybody in this 21 chamber. And I know it goes well beyond that. 22 The phrase "Mother's home" 23 reverberated into our office, because we'd 24 been sharing a conference room for a number of 25 years, and we heard that phrase all the time.

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(518) 371-8910 1 So we always knew Pat was back. 2 And it was interesting, because it 3 was done not as a joke, it was done with 4 meaning and feeling. She actually meant what 5 she said. And she looked upon her friends and 6 her staff I think as her children, and treated 7 them with respect and kindness. And that's a 8 marvelous thing. 9 In the years we shared a conference 10 room, never a minute of any kind of conflict. 11 Never a disagreement. We came close once. As 12 many of you know, I was the president for two 13 years of the Italian American Legislators 14 organization, and as such the meetings were 15 held in our conference room. And of course 16 the posters of scenes of Italy were put all 17 around the walls. 18 Pat walked in one day quietly and 19 just kind of looked around. The next day, 20 there were shamrocks in between all the 21 posters. 22 (Laughter.) 23 SENATOR MARCELLINO: So I went 24 into the office and I said, "Was there a 25 leprechaun in the room?" She said, "I just

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(518) 371-8910 1 felt a little balance was necessary." So it 2 was that kind of relationship. 3 And she did me a favor, a great 4 favor. She introduced me to salt-rising 5 bread, a vile stuff. I could not develop a 6 taste for this. She loved it. I don't know 7 how, I don't understand why. But she loved it 8 and always was willing to share. And it was a 9 gift that sometimes we didn't want to have, 10 but it was there. And you always took it. 11 And I must say, I will miss her. 12 And one of the saddest days I've ever had up 13 here was when I walked into this chamber and I 14 saw those roses on this desk. It's too bad. 15 It's a loss, as has been said, to this chamber 16 of a very fine person and a very fine 17 legislator. And I know "Mother's home" in a 18 much better place. 19 God bless. 20 THE PRESIDENT: Senator Nozzolio. 21 SENATOR NOZZOLIO: Thank you, 22 Madam President. 23 I thank my colleagues for sharing 24 with us such fond and wonderful remembrances 25 about such a wonderful lady.

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(518) 371-8910 1 Those of us who shared those 2 remembrances here in the Senate, I know we'll 3 treasure them. Those of us who had the 4 fortune of serving with Pat, both in this body 5 and in the Assembly, have been given a 6 wonderful gift through those years. 7 I just want to share with my 8 colleagues briefly a little story of Pat that 9 took place before she came to Albany. And 10 Mike and I were reminiscing about it a little 11 earlier, that early spring of 1987, when she 12 was called upon to run for the State Assembly 13 the first time. And Bill Paxon, who was in 14 Mike's kitchen, trying very hard to convince 15 Pat, at not the 11th hour but the 12th hour, 16 to sign up and run for the State Assembly. 17 I know she had a lot of doubts. 18 Maybe it was because Bill was dispatched in 19 the first place to talk her into it. But she, 20 after giving it as much thought as she could 21 on such short notice, decided to run. And I 22 went down a few days later to meet with her 23 and to help in that first campaign. 24 And in spite of that, she still 25 decided to keep running. And in spite of

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(518) 371-8910 1 that, she still ran what at that time was 2 literally one of the best and strongest races 3 in the history of the Assembly. It was such a 4 wonderful, happy, joyous day that she was 5 victorious that spring day, that May day in 6 1987. Bill Paxon still talks about it. 7 And I know that person who was 8 brought in to service at the state level, we 9 are so grateful to her family for the 10 sacrifices to allow her to serve in the 11 Legislature, to her community, who supported 12 her, the community that she loved. 13 What struck me way back then, in my 14 first meetings with her during that campaign, 15 was what I remember most about her today. 16 Strong-willed, independent-minded, dedicated 17 to family and community, cared so much about 18 what she was doing. That service to her 19 state, to her nation, was terrific. But what 20 she gave us here were memories of a person who 21 was so kind and so supportive. 22 Madam Chairlady, I know we all are 23 sad by this occasion, but all happy by the 24 fact that we had the honor of knowing her. 25 THE PRESIDENT: Senator

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(518) 371-8910 1 Hassell-Thompson. 2 SENATOR HASSELL-THOMPSON: Thank 3 you, Madam President. 4 When you're this far down the 5 chain, there's very little left that's unique 6 and new to say. So if I repeat, it will be 7 reinforcement, not duplicity. 8 Pat McGee was an extraordinary 9 lady. Coming from the Democratic side didn't 10 matter to her. She was a person who was a 11 good friend. We met at a women's caucus once, 12 and we started a conversation. And until the 13 last day I saw her, there was no break in that 14 friendship and in that conversation. 15 She had a demeanor that if all of 16 us would emulate, we'd be a lot better for it. 17 Micah says to love mercy, do justice, walk 18 humbly with your God. That was Pat McGee. 19 THE PRESIDENT: Senator 20 Oppenheimer. 21 SENATOR OPPENHEIMER: Well, I 22 will have to concur with Senator 23 Hassell-Thompson; we may have known her in a 24 little different venue. 25 We've heard from most of the people

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(518) 371-8910 1 here -- in fact, everyone here -- that she was 2 so well-liked by all of us on both sides of 3 the aisle. And that she was very 4 direct-talking. You knew that what she said, 5 she meant. And you welcomed the very 6 directness that she had. But she also had a 7 wonderful, fun, lovely manner, and that was 8 another piece of her that we loved. 9 But I knew her in a slightly 10 different venue, as did the prior speaker, and 11 that is from the Legislative Women's Caucus. 12 I've been on the executive board for 18 years, 13 and she was on it for a number of years. 14 And in that capacity, I must say 15 she was a little bit more progressive than 16 some of her confreres on the other side of the 17 aisle. She was a strong supporter for 18 pro-choice, for a woman's right to choose her 19 reproductive timing. She was there for all 20 kinds of health issues that were exceedingly 21 important to women's health. She was there 22 for education, equal opportunities for women. 23 It was just a great variety of issues that 24 were substantial and important to women. 25 And for that, I felt very thankful

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(518) 371-8910 1 that she was on the other side of the aisle 2 and that we had support coming on some of 3 these issues which I feel are very, very 4 meaningful to women, to myself personally. 5 And it was wonderful to me to have 6 her there, and I'm going to miss her a lot. 7 THE PRESIDENT: Senator Little. 8 SENATOR LITTLE: Thank you, Madam 9 President. 10 All of us have many memories of our 11 years of friendship with Pat McGee. She 12 preceded me in the Assembly and welcomed me 13 there with her friendship and her mentorship 14 and the name "Miss Betty." I think she was 15 the only person in my lifetime that ever 16 called me "Miss Betty," but it was with such 17 warmth and friendship that I loved it. 18 And then when I came to the Senate, 19 it was the same welcoming Senator McGee, with 20 some advice and counsel and friendship and 21 mentoring as we go along. 22 I recently heard a statement that 23 said for a community leader, life is a bowl of 24 charities. And I think that speaks of Pat 25 McGee. For in her district, she advocated and

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(518) 371-8910 1 she gave her presence and her support, her 2 financial support and her personal support, to 3 so many of the not-for-profit groups in her 4 district who were doing so much good for the 5 people that she loved so much. 6 And today, we remember and we 7 recognize her not for all the honors that she 8 received, although they were many, and not for 9 the successful elections she had, although 10 they were many and very successful too; she 11 was a great candidate and a great campaigner. 12 I think we recognize and remember 13 Senator McGee today for all that she has 14 given, all that she has given to this Senate 15 body and to the state, but, most of all, all 16 that she has given to her constituents. She 17 gave her constituents a voice in Albany. She 18 gave them a true advocate for their causes. 19 And she gave them a very caring friendship. 20 I know her family will miss her 21 greatly. But to say that we will miss her 22 greatly is truly an understatement. And I 23 know we all will miss her smiling face and her 24 personal friendship as well. 25 Thank you.

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(518) 371-8910 1 THE PRESIDENT: Senator Morahan. 2 SENATOR MORAHAN: Thank you, 3 Madam President. 4 I rise today in sorrowful tribute 5 to our colleague Patricia McGee and to offer 6 my condolences to her family. 7 I also had the privilege of sitting 8 next to Senator McGee. Every time I moved my 9 seat, it seemed that we were together. And we 10 also sat together in the conference. 11 And I admired her dogged, dogged 12 support and work on behalf of her 13 constituents. So I want to offer also to her 14 constituency our sympathies on the loss of 15 such a great advocate and leader. 16 Wherever she is now, I know Pat 17 would be terribly embarrassed hearing all 18 these great words. She wasn't that kind of a 19 person. She did her work, she looked for no 20 glory, she worked very hard and she was very 21 well respected -- indeed, loved -- by this 22 community of senators. 23 So I want to share with you our 24 grief. We want to share with you your pain. 25 We want to let you know that she will be

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(518) 371-8910 1 terribly missed. 2 Less than a year ago, Patricia sat 3 where the Lieutenant Governor is now, up at 4 the podium, and presided over a similar 5 occurrence, an occasion for my daughter who 6 had passed away. And she conducted that 7 ceremonial act of the Senate in the most 8 graceful way. And I have that on tape that I 9 can review. And I'll never forget Pat for 10 that day, or for the many other days that we 11 served together. 12 So I offer you my condolences. And 13 to Pat, where I think I know where she is, 14 she's probably looking down on us now, 15 red-faced and embarrassed, saying: Sit down, 16 Tom Morahan, and shut up. So that's exactly 17 what this senator is going to do. 18 Thank you. 19 THE PRESIDENT: Senator 20 Stachowski. 21 SENATOR STACHOWSKI: Pat McGee 22 was a very interesting individual, I thought, 23 because as easygoing as she was, and as 24 friendly as she was, if you were on Rural 25 Resources, which I had the opportunity to

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(518) 371-8910 1 serve on with her, you always knew who was in 2 charge. 3 As a matter of fact, I'm not sure 4 that the Assembly chairman ever knew that he 5 really wasn't in charge, that it was really 6 Pat McGee's show, because she just took it 7 over. At least that was my impression. And 8 at those meetings, I don't really talk a lot, 9 I kind of observe. And I thought Pat ran it 10 and someday the Assembly guys will figure it 11 out, that it was really her commission and she 12 just let them along for the ride. 13 But she had a wonderful sense of 14 humor. And I used to travel with her an awful 15 lot. And last year, when USAir was in one of 16 their wonderful periods of no flights to 17 Albany, we used to go through Philadelphia on 18 Sundays. And Pat would always fly, and we'd 19 get off in Philadelphia and we'd sit. And I'd 20 go waltz around the airport, because they have 21 a mall there, and I'd come back and Pat would 22 be sitting on the other side, not usually on 23 the side that the gate would go, and I'd have 24 to run over and say, "Pat, this one's ours, 25 we're leaving."

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(518) 371-8910 1 She'd have a plastic bag with 2 cut-up fruit, and she'd always offer me some. 3 And I felt like I was her son, half the time, 4 because she'd be saying, you know, "You should 5 have this, it's better for you," et cetera. 6 And she just was wonderful to 7 travel with. And unfortunately, now we're 8 going through Philadelphia again, some of us, 9 and it's kind of an empty feeling going 10 through Philadelphia without Pat along. So 11 it's another place where you'd miss her being. 12 And actually, it really is funny 13 because I said that to Mike at the lunch after 14 the funeral, that I've gone through 15 Philadelphia twice, and without Pat being 16 there it's really kind of a cold trip. 17 Nobody ever supported the Southern 18 Tier harder. And the interesting thing is 19 whenever there was an important delegation 20 meeting, as George alluded to earlier, no 21 matter what the weather, it seemed like Pat 22 was there. And sometimes the trip for her, 23 coming from Franklinville to Buffalo, isn't 24 the easiest in the winter. And she was there. 25 If it was something important to

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(518) 371-8910 1 the region, Pat McGee was there, because she 2 wasn't going to miss out on it and she was 3 going to make sure that her opinion on that 4 issue would be heard. Or she would get the 5 information from whoever we were dealing with 6 so she could make her own judgment, and 7 probably help us make ours. 8 So we're all going to miss Pat 9 McGee. And it was interesting, you didn't 10 always agree with her. But no matter if you 11 argued with her or not, you never disliked 12 her. And she's one of those people that you 13 often hear about that you've never heard 14 anybody say anything bad about. 15 And as Senator Bruno said, she 16 didn't have an ego, and more of us could use 17 that. She also had a sincerity about her. No 18 matter what she said, you knew that's what she 19 meant. And there was never a question it was 20 going to come back something different. Once 21 she told you that's what she was going to do, 22 you knew that that was what she was going to 23 do. 24 I also had an edge on her because, 25 unknowingly to her, I had friends who knew her

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(518) 371-8910 1 and her husband for years. So I had done all 2 this background check on her. The Carpenter 3 family knows the McGees for years, and her 4 brother Danny used to ref with Mr. Carpenter. 5 So I knew all about Pat, but I never let on to 6 that. I just kept that information and wanted 7 to see if she was actually as good as they 8 kept saying she was. And she was. So it was 9 a great thing to have known about so that I 10 knew I could trust her ahead of time. 11 And the fact is that we're going to 12 miss Pat. And especially in Rural Resources, 13 where that commission, more so than anything 14 else -- and I've been on other commissions 15 while I've been here. Pat McGee always made 16 sure that everybody was included. When there 17 was a bill coming out of Rural Resources, 18 everybody was on it. Assembly majority, 19 Assembly minority, Senate majority and Senate 20 minority, we were all on the bills, because 21 Pat McGee made sure we were all on the bills. 22 And that may not sound like much to 23 the people that are visiting, but to those of 24 us who work here, that was a really big deal. 25 And so that's just another area where Pat was

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(518) 371-8910 1 ahead of her time. 2 And Pat was just such a wonderful 3 person, and we're going to miss her. But 4 we'll always be thankful that we had the 5 opportunity to have the family share her 6 friendship with us by letting her be here. 7 THE PRESIDENT: Senator 8 Fuschillo. 9 SENATOR FUSCHILLO: Thank you 10 very much, Madam President. 11 The resolution started off today 12 "the remarkable life and career of Patricia K. 13 McGee." How appropriate for such a great lady 14 who decided to join this business of 15 self-promotion and tremendous egos, and she 16 had neither. 17 I remember she used to sit over 18 here, and I guess I'm not going to take an 19 insult that every year she moved one seat away 20 from me. But she started off, and we didn't 21 always agree, but we drew together. Whenever 22 I had a bill on the calendar, she used to say: 23 "Chucky, Chucky, Chucky." And then it went 24 to, last year: "Oh, my God, another Fuschillo 25 bill."

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(518) 371-8910 1 And I didn't get insulted, Carl, 2 when she moved next to you, at all. 3 But she always put it into 4 perspective for me, and I always say this to 5 people now too: It's just a job with a great 6 title, but it's just a job. 7 And as John Bonacic said, she used 8 to sit here and we used to joke how she used 9 to probably drive her staff crazy with the 10 pencil erasers. And all you used to do is 11 come down from the office and bring her more 12 pencils. 13 But she took so much care and love 14 to her work. And what I admired most about 15 her was the respect that she had for people, 16 especially her staff. I mean, you were never 17 her staff, her administrative aide, her 18 secretary, her counsel; you worked together on 19 everything. And she taught us a lot about how 20 to treat people. 21 The Wednesday before she passed 22 away, Mike Balboni and I were in the mall and 23 we bought this card that Dale had spoken 24 about, and we thought it would be a nice thing 25 to bring back to conference. And I remember

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(518) 371-8910 1 everybody wrote such nice things. I think 2 Betty Little wrote: "Help, come back, we need 3 another woman in this conference!" But, you 4 know, the tone was we miss you, we love you, 5 we need you back. 6 And I remember getting the call 7 Sunday morning at my house that Patty McGee 8 passed away, and it was just terrible, tragic. 9 It was so sad. And then I became angry. As 10 John DeFrancisco said, angry because I never 11 had the opportunity to say goodbye. And angry 12 because I really, really loved this lady. And 13 angry because if she was here today, I would 14 say to her, Thanks, Patty. Thanks for being 15 my friend and thanks for enriching my life. 16 Thank you, Madam President. 17 THE PRESIDENT: Senator Libous. 18 SENATOR LIBOUS: Thank you, Madam 19 President. 20 Who could not fall in love with Pat 21 McGee. Mike, you had to share her with all of 22 us and her staff and her constituents. 23 And as members are speaking today, 24 I'm looking around the room and I'm seeing all 25 these smiles because Patty is with us. And we

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(518) 371-8910 1 all have different memories. We all have 2 those special moments that we had with her and 3 her many attributes that were talked about. 4 And I'd like to share one with you, 5 and it comes to mind quite frequently in the 6 last several weeks since her passing, because 7 I, like John and Chuck and I think a lot of 8 others, didn't realize how sick she really 9 was. And there's an emptiness because we 10 couldn't say goodbye, and it's difficult not 11 to have closure with a friend. 12 And when Patty first came to the 13 Senate, Senator Bruno appointed her the 14 chairman of the Alcoholism and Drug Abuse 15 Committee, and I was the chairman of the 16 Mental Health Committee. And I had shared 17 Alcoholism and Abuse prior to that. And we 18 have these budget subcommittees that we form. 19 And so the first subcommittee meeting took 20 place, and Patty shows up at the subcommittee 21 meeting, and there's staff there and other 22 members. 23 And as we're going through, the 24 staff is doing their analysis of what's in the 25 budget and what the Senate should protect and

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(518) 371-8910 1 whatever. And then they would begin reading 2 off $100,000 for a program in Long Island, 3 $150,000 for a program in Binghamton, programs 4 in Orange County and whatever. 5 And as the meeting's going on, 6 Patty stopped and she said, "Mr. Chairman" -- 7 because she was always very respectful -- and 8 I said "Yes, Senator?" And she said, "Could I 9 see you in your office for a moment?" So we 10 went into the office, we closed the door, and 11 the staffs are still sitting out there. 12 She looks me right in the eye and 13 she says: "Listen, dearie." She says, 14 "Before you adjourn that meeting, there's 15 going to be $150,000 in that budget for an 16 alcoholism program for women in the Southern 17 Tier." 18 And I looked at her and I said, 19 "Yes, ma'am." 20 (Laughter.) 21 THE PRESIDENT: Senator Alesi. 22 SENATOR ALESI: Thank you, Madam 23 President. 24 I'm just wondering if there's 25 anybody here who didn't sit next to Pat McGee.

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(518) 371-8910 1 It seems as though we all did. I know I did. 2 And I enjoyed that experience very much. 3 I can honestly say that I developed 4 a great affection for Pat McGee when I first 5 went to the Assembly. And we had a rather 6 large freshman class. And we were pretty much 7 all full of ourselves, and probably myself 8 more than anybody. But somehow or other, I 9 zoned in on Pat McGee, or Patty zoned in on 10 me. But whatever it was, we got to be good 11 friends very quickly. 12 And I remember, like when you go 13 away to college the first year, you know, when 14 you come into the Assembly and you're out to 15 dinner a lot and you start beefing up and you 16 start putting on weight. One day I was 17 sitting in conference, and I was fooling 18 around with my button-down shirt. And 19 afterwards she came over to me and she said, 20 "Are you having a problem with your collars?" 21 And I said, "Yes." And she said, "You know, 22 they're all crumpled up." And I said: "I 23 know. I don't know what to do about that. 24 You think maybe a little more starch would 25 help?" And she said, "No, sonny boy, a little

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(518) 371-8910 1 less starch." 2 (Laughter.) 3 SENATOR ALESI: And from that day 4 forward, there was a little bit of a thing 5 between Patty and me. 6 And I escaped the Assembly minority 7 long before a lot of my colleagues who were 8 senior to me. John, you sat next to her, and 9 Balboni and Flanagan and Robach and so many 10 others. But when Patty came here to the 11 Senate, with no disrespect to all of my other 12 friends, I was just overjoyed, because it gave 13 me that opportunity -- because she did sit 14 right here, and eventually next to me again, 15 and it gave me that opportunity to banter with 16 her. 17 And in fact, when I was going to 18 move this year, I just wanted to move for the 19 sake of moving, and it turns out that Patty 20 was supposed to sit next to me again. But I 21 didn't like being back there, because I have 22 difficulty hearing and I wanted to come back 23 here. And I convinced Morahan he should go 24 back over there. But the one thing that was 25 very difficult for me in making that decision

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(518) 371-8910 1 was that Patty was going to be sitting next to 2 me. 3 And so I landed back here. And for 4 whatever reason, I don't know, right now 5 there's an empty seat there and an empty seat 6 where she would have been. 7 And it just makes me think of a few 8 times when I'd offer up sometimes some 9 one-liners. In fact, I was always trying to 10 get under her skin. And I would be cynical 11 about something, and she would just simply 12 look at me and she'd say, "You don't say." As 13 if whatever it was I was trying to say didn't 14 really mean anything, get a grip on myself. 15 Don't take yourself that seriously. Because 16 that was Patty. 17 If I was being irreverent, she'd 18 just simply look at me and say, "Why, 19 Senator," and I'd get the message. 20 And sometimes when I was really 21 pushing the envelope, she would just look at 22 me and say nothing. And sometimes that's the 23 greatest display of intelligence and a great 24 of sense of humor, is just to smile back at 25 somebody and say nothing. And she was very,

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(518) 371-8910 1 very good at that. 2 I mentioned all my colleagues that 3 came over here with me from the Assembly. And 4 I take great joy in reminding all of them, who 5 were so senior to me at the time in the 6 Assembly, that they all came in and I am now 7 senior to all of them. And I used to do that 8 to Patty all the time. 9 And every now and then something 10 would come up, and she'd give me a one-liner 11 back, and the only response I could give her 12 was, "Well, that may be true, but just 13 remember you're junior to me." And one day 14 she looked me right in the eye and she said, 15 "And, Senator, I very much enjoy being your 16 junior," as if I were a hundred years older 17 than she was. 18 And that was her folksy charm that 19 everybody came to know. That was Patty McGee. 20 That was just a regular person, but devoted to 21 the job, passionate about her job. She showed 22 a strength and a sense of purpose that you 23 don't often see in our business, because you 24 knew that she was doing this for a reason 25 other than self-promotion.

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(518) 371-8910 1 And you could tell, if she was 2 talking to somebody, it wouldn't matter if she 3 was talking to a Democrat or a Republican. 4 When Patty McGee was talking to somebody, she 5 was talking to a person. 6 And when I went down to the 7 funeral, I had that same sense when I looked 8 around and saw all of the people that came to 9 pay tribute to her. What a collection of 10 people, different people. And every single 11 one of them had, I'm sure, that same thing 12 that I said I developed so long ago, was a 13 sense of affection for Patty McGee, and in 14 their own way, as we do in our own way here. 15 I only wish -- by way of paying a 16 compliment, I only wish I could hear once 17 again the words that her chief of staff said 18 at that funeral. It was marvelous. It was 19 such a wonderful way to capture the spirit of 20 Patty McGee. And to see her in her hometown, 21 where we don't get to see ourselves or each 22 other very often, because we're different 23 people up here. Patty was not different when 24 she came to Albany. She was not different 25 when she was in the Senate.

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(518) 371-8910 1 And so as Senator Bruno mentioned 2 in his comments, we do have an empty seat. 3 But I know Patty McGee's presence will always 4 be felt here. 5 THE PRESIDENT: Senator Stavisky. 6 SENATOR STAVISKY: Thank you, 7 Madam Chairman. Madam President, rather. 8 Sorry. 9 I served on that subcommittee on 10 the nursing shortage with Senator McGee. And 11 when she first started the subcommittee, I 12 made my position very clear. We disagreed on 13 one very important issue, the 8:00 a.m. 14 meetings. 15 And one day at one of the 8:00 a.m. 16 committee meetings, she had handed me some of 17 the bread and said, "Taste it. Isn't it 18 delicious?" And I must tell you, I lied. And 19 I said, "Yes, it's delicious." Because I was 20 afraid not to say -- to tell the truth. 21 But this is the way you dealt with 22 Pat McGee. Hearings were held all over the 23 state, which she chaired. And I went out to 24 Fredonia and to other places in Western 25 New York, and I found it fascinating. And I

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(518) 371-8910 1 was so glad that she had chosen SUNY Fredonia 2 as a spot for a hearing. And I went to the 3 other hearings throughout the state. 4 And at these hearings, I must say, 5 Pat was amazing. Because these were not 6 hearings, these were roundtable discussions 7 with people who were invited to speak. But 8 each one spoke. And there was an interaction 9 that I've never seen at hearings before. 10 There was an interaction between the person 11 who was the invitee and Senator McGee. 12 And it was a roundtable, but she 13 made sure that she got in the middle of the 14 table so that she could interact with each of 15 the participants. And it was just the thing 16 that when I was going to college and I took 17 some education courses, this is the way you 18 were supposed to interact in a classroom. 19 And she was doing this -- we had 20 one in my district, in Queens, and she was 21 absolutely amazing. She brought a warmth and 22 a vitality, a sense of energy and exuberance 23 to what she was doing. And everybody came 24 away from this hearing with such a wonderful 25 feeling that perhaps something would be done

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(518) 371-8910 1 to help the nursing shortage. 2 And this concern for others just 3 overflowed into everything that she did. I 4 enjoyed the time that we spent at these 5 hearings, and we're going to miss her. 6 Thank you, Madam President. 7 THE PRESIDENT: Senator 8 Montgomery. 9 SENATOR MONTGOMERY: Yes, Madam 10 President, thank you. 11 I join my colleagues in expressing 12 the fact that we miss our colleague very, very 13 much. 14 And I just want to tell a story. 15 It was many years ago when, in the old days, 16 we passed legislation on this side. Fairly 17 frequently, I shall remind you. And I had a 18 bill that was related to the way the members 19 of the Seneca Nation, and I suppose other 20 tribes in our state, handled their foster care 21 decisions. 22 And I was invited to come and visit 23 with members of the nation that took me into 24 her district. At that time she was in the 25 Assembly. And even though, you know, I

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(518) 371-8910 1 traveled very, very far, my staff and I -- and 2 it was very, very exciting but really 3 different to be in Olean and on the 4 reservation and to deal with the Native 5 Americans. 6 And she apparently dealt with them 7 all of the time. So she very graciously came 8 to a big event that we had, that they had for 9 us. And I don't believe we invited former 10 Senator Present, but we did invite her. She 11 was, you know, a woman at that time in the 12 Assembly. And the two of us had a great time 13 celebrating, with the Seneca Nation, 14 legislation that was so meaningful to them. 15 And so I thought -- I never forgot 16 that. I thought that that was just so 17 gracious of her. And it was really a 18 different -- different to be able to have a 19 sisterhood as a legislator with another woman 20 in another part of the state, even though she 21 was Republican. So I appreciated that. And 22 that's my memory, that sort of set for me, of 23 a most gracious lady and a wonderful 24 legislator. 25 So I wish you continued memories of

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(518) 371-8910 1 those good times when we all were able to 2 enjoy her presence here with us. 3 Thank you. 4 THE PRESIDENT: Senator Flanagan. 5 SENATOR FLANAGAN: Thank you, 6 Madam President. 7 It's interesting to listen to all 8 the people talk about sitting next to Senator 9 McGee. Given the fact that I sit next to 10 Senator Robach, I really wish I could have sat 11 next to Senator McGee. 12 (Laughter.) 13 SENATOR FLANAGAN: Got to bust 14 chops around here and say good things about 15 our colleagues. 16 Everybody brings something 17 different to the equation, in listening to the 18 comments that were made. Here's how I would 19 describe Patty McGee. I was elected in the 20 fall of 1986, she was elected in the early 21 part of 1987, so I served with her and had 22 some relationship with her over a long period 23 of time. And yet I won't stand before this 24 body and suggest that I knew her as well as 25 some other people did.

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(518) 371-8910 1 But my remembrances of her are very 2 clear and basic and very important. She was a 3 lady. She was always a lady. She could be 4 irreverent, and she had a wonderful sense of 5 humor, but she was always a lady. 6 She was extraordinarily 7 well-respected. And I, like many of us, hope 8 that we can always enjoy the respect of our 9 colleagues. So that no matter what your 10 profession is, if you can do that at the 11 beginning of your career and, more 12 importantly, at the end of your career, that's 13 a hallmark of someone who is a real 14 professional. 15 Her staff, all wonderful people and 16 all reflective of her as a person. I think 17 you learn a lot about what a Senator or an 18 Assembly member is like by the people that 19 they have in their office and how those people 20 act. So that's a real compliment to her. And 21 the other way around; they had a profound 22 impact on her. 23 She served in the Assembly, and a 24 number of us served with her in the Assembly, 25 I perhaps a little longer than most. She had

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(518) 371-8910 1 a wonderful demeanor, but she could drive the 2 Democrats in the majority absolutely crazy. 3 She was genteel, she was affable, but she was 4 persistent. If she wanted to ask questions on 5 a bill, she could have cared less how long we 6 were going on, she was going to ask her 7 questions on a bill and be persistent. 8 Always diplomatic, always 9 professional, but when she wanted to make her 10 point, people were going to listen to what 11 that point was. And she did that many, many, 12 many times. But always in a nice way. She 13 may attack your bill, but she would never 14 attack anyone personally. 15 So part of her tenure in the 16 Assembly was to play the role of the loyal 17 opposition, and she did it extraordinarily 18 well. 19 And two other things about Patty 20 McGee. The most important I'll save for last, 21 in my own humble opinion. 22 I don't know if this is folklore or 23 if it's true, and I would have to perhaps ask 24 Mr. McGee if this is true. There was a time 25 in the Assembly I had heard that Patty had a

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(518) 371-8910 1 tattoo. So again, I don't know if this is 2 folklore, but I had the temerity, slash, 3 stupidity to actually say to her: "Patty, do 4 you actually have a tattoo?" Now, she tells 5 me yes. Again, I don't know if it's true. 6 And I said, "Where the heck is it?" She says: 7 "None of your damn business." 8 (Laughter.) 9 SENATOR FLANAGAN: And you know, 10 because you know her, I'm telling you the 11 truth. 12 Last but not least, I don't think 13 anybody's said this, she is a perfect 14 indication that nice guys don't finish last. 15 She was at the top of her game, she was loved 16 immensely by people here and in her district. 17 She is what we should all hope that we can 18 turn out to be. 19 Thank you, Madam President. 20 THE PRESIDENT: Senator Marchi. 21 SENATOR MARCHI: Madam President, 22 it must be bewildering to you, staying up 23 there and yet catching so much of the magic 24 that seems to flow in an unending web. 25 Malcolm Wilson used to sit up

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(518) 371-8910 1 there. Had never been a member of the Senate. 2 I don't think we participated with him in the 3 constitutional convention. And in each and 4 every body, we had an opportunity to know each 5 other. 6 So I don't know whether it's the 7 fortuitous mix of the shape of this chamber, 8 of the distance that embraces us, of all of 9 the elements that contribute to what we 10 recall. 11 Let me tell you this. The happiest 12 years that I have spent in my life as a member 13 of the Legislature were these recent years, 14 because it -- because I enjoyed the same -- 15 had the same feeling at the very start. And 16 as time went on, everybody that I had met, and 17 Senator McGee was an example of it, 18 demonstrated such a wonderful humanity. 19 It's not how much we know or how 20 much we put together or what legislation we 21 were able to pass, it's what we feel. And 22 this is what every single member in this 23 chamber, all of us. And you yourself, Madam 24 President, just sitting there, I'm sure, 25 because I remember discussing this very thing

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(518) 371-8910 1 in great length with Malcolm Wilson. He sat 2 up there, but at the same time he caught all 3 of the feelings that flowed from this group. 4 So all of you, whatever you do, if 5 you're doing it out of conviction and out of 6 heart, you're donating a patrimony of 7 tremendous value. There's no money in the 8 world that can give you as much happiness in 9 enjoying this patrimony, this patrimony of 10 love and affection that we have for each 11 other. 12 And this does not mean that we have 13 to march according to a ritual jump. We can 14 elect to make decisions. And the product, I 15 think, compares well with any legislative body 16 in the world. But it's the feeling that if 17 imparts to each and every one of us. 18 And Senator McGee was really a 19 very, very enlightened example of it. I 20 remember very personally things that I 21 exchanged with her -- as all of you do, I 22 suppose, that you've had an opportunity to 23 talk with her -- how prescient and how just 24 full of life and understanding of humanity 25 that she represented to us.

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(518) 371-8910 1 So, Madam President, I thank the 2 good Lord for his blessing, and I'm glad that 3 I'm hear to witness. This is a wealth that we 4 all enjoy, to enjoy each other. And she 5 provided it in such rich measure. She was 6 always a joy to speak with. 7 And I believe that we someday will 8 be in that unknown country, which we will know 9 much better, but she can see us. And she must 10 be gathering a lot of joy and happiness out of 11 the fact that a spark of that eternal 12 eventuality that awaits us all is being 13 shared. And she must be smiling right now. 14 THE PRESIDENT: Senator Golden. 15 SENATOR GOLDEN: Thank you, Madam 16 President. 17 I'm one of the newer senators to 18 the conference here. And I'm here -- this is 19 my second term, my third year. And I had the 20 privilege of sitting two seats away from Pat 21 McGee. 22 And if Jim thought that she wanted 23 to be next to him, it really had nothing to do 24 with Jim. You see, the chair was always like 25 this. Do you know why the chair was always

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(518) 371-8910 1 like that? We thought she didn't like us, 2 that she didn't want to talk to me. 3 But she was a very engaging woman. 4 She would always want to know about Brooklyn, 5 about the people in Brooklyn, how could you 6 represent Brooklyn. And I used to tell her, I 7 used to get from one part of my district to 8 the other part of the district, I used to do 9 it in 30 minutes. She said: "In 30 minutes 10 you go through your whole district?" She 11 couldn't understand, she couldn't fathom that. 12 And she loved certain pieces of 13 legislation. I tried to take a keg-beer piece 14 of legislation. I thought she was going to 15 kill me one day. She said, "You can't take 16 that. That's my legislation." I said, "Okay, 17 it's yours." 18 And she talked about my -- she 19 always liked to get into my kids and my 20 heritage. And that's the type of person, she 21 wanted to get to understand you and to know 22 you. 23 But the reason she kept the chair 24 this way and she always wore the sweater is 25 because the air conditioner hits her right

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(518) 371-8910 1 here on this spot. 2 So what I used to do, I used to 3 turn the chair around on her, and she used to 4 come in and she'd be flipping. "Who turned my 5 chair?" And I used to do it to her all the 6 time. 7 She was a great lady, she had a 8 great sense of humor, and she served her 9 family and her community very, very well and 10 distinguished well. 11 May God bless her. She served 12 well. And I think it's Lincoln's quote, by 13 the people, for the people. By the people -- 14 it's by the people, for the people. She 15 definitely was that person. She worked for 16 the people, and she did a great job. God 17 bless her. 18 THE PRESIDENT: Senator Balboni, 19 to close. 20 SENATOR BALBONI: Madam 21 President, this is a fine tradition. This is 22 a very unique opportunity for us, as we write 23 history, to put a point on the pencil, to give 24 color to the personalities that shape our 25 history of this state. It is a fine

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(518) 371-8910 1 tradition. 2 And for the 20-some-odd years that 3 I have been in this town -- yes, it's been 4 that long -- you come to take these moments as 5 opportunities not to judge but, rather, 6 evaluate the characters that have come through 7 our lives. And there are moments that give 8 you a real insight into people, and they don't 9 change. 10 Patty McGee had qualities that I 11 think single her out as a model for all of us. 12 In 1993, I started working out really hard, 13 because I had to do something with this body. 14 And I would show up at the gym at 6 o'clock in 15 the morning. Six o'clock in the morning. I 16 thought I was the early riser. And so I would 17 walk -- and one morning I got there, I didn't 18 have my key. So I went wandering through the 19 halls of the LOB looking for someone with a 20 key. And sure enough, there was one office 21 open. Only one. Pat McGee. 22 And through the years I realized 23 she always gave her time like that towards 24 this job. 25 I always judge a legislator by how

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(518) 371-8910 1 they treat their staff. Her staff adored her. 2 Always presenting them with the best 3 opportunities. 4 I also judge a person who 5 represents a district not by how flashy they 6 are, but by what type of enthusiasm they have 7 for the district. And lastly, I always judge 8 a legislator by showing up and not whining. 9 Pat McGee just showed up ready to 10 do work without any complaint. I remember 11 showing up one time, there was a bad rainstorm 12 and I was in the Assembly and I said, "Oh, 13 boy, it was so tough getting up here from Long 14 Island." She said, "Yeah, I had four feet of 15 snow." Okay, thanks for the perspective. 16 (Laughter.) 17 SENATOR BALBONI: You know, in 18 this body we get a chance to put everything 19 aside. We've been here for more than an hour 20 now, and we are doing now something that's 21 much, much more precious than money. We're 22 giving our time. And that's so appropriate, 23 because that's what Patty did. She gave her 24 time. 25 And after all, at the end of the

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(518) 371-8910 1 day, that's how we're going to be remembered. 2 Not by what we wore, not necessarily by what 3 we said, but the job we did. And this is a 4 wonderful opportunity, as colleagues, to sit 5 back and put everything aside and say: Well 6 done. 7 Thank you, Madam President. 8 THE PRESIDENT: Thank you, 9 Senator Balboni, for closing for the members. 10 I would be remiss before the vote 11 if I didn't express, briefly, my deep respect 12 and great mourning for the loss of my friend 13 Pat McGee. Her Irish twinkle. 14 As I got to know her, there was no 15 question in my mind that she was a person to 16 be reckoned with. Her simple way of getting 17 her point across never was lost. Neither was 18 the fact that she always understood the issues 19 before her. But in her quiet way, she moved 20 to accomplish what she wanted to do. 21 I will miss her very poignantly 22 because she's been the lone voice, how many 23 times, when I say "All in favor please say 24 aye." I miss her terribly. Because with her 25 Irish sense of humor, it would always be

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(518) 371-8910 1 "Aye," and she'd smile at me and make me 2 laugh. 3 When I received the call that she 4 died, I cried. And my husband said to me, 5 "What happened?" I said, "Pat McGee has 6 died." He said: "Pat McGee? I've never 7 heard you mention her." And I said to him, 8 "Now that she's gone, I appreciate how much we 9 have lost." 10 And so many of you have said that. 11 In her quiet way, she never commanded our 12 attention unless it was to get something done. 13 But I'm so impressed today and learned so much 14 about each of you because of your deep respect 15 and appreciation for a woman whom I will 16 always hold now, in memory, in the greatest of 17 esteem. 18 I think the greatest honor we can 19 give to her memory now is to let her be an 20 example to all of us of professional public 21 service. 22 All in favor of this resolution 23 please signify by saying aye. 24 (Response of "Aye.") 25 THE PRESIDENT: Opposed, nay.

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(518) 371-8910 1 (No response.) 2 THE PRESIDENT: The resolution is 3 adopted. 4 Senator Bruno. 5 SENATOR BRUNO: Madam President, 6 I suggest that we open the sponsorship of this 7 resolution to all the members in the chamber. 8 And if anyone would prefer not to be added, 9 would you just quietly approach the desk. 10 And I would also suggest that we 11 will adjourn today's session in memory of our 12 colleague departed, Senator Pat McGee. 13 And thank you, colleagues and 14 Madam President. 15 THE PRESIDENT: Any member who 16 does not want to cosponsor this resolution in 17 memory of Senator Patricia K. McGee, please 18 notify the desk. 19 Senator Bruno. 20 SENATOR BRUNO: Madam President, 21 can we stand at ease for just literally a 22 couple of minutes, and then we'll resume the 23 Senate procedures. 24 THE PRESIDENT: The Senate stands 25 at ease.

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(518) 371-8910 1 (Whereupon, the Senate stood at 2 ease at 4:42 p.m.) 3 (Whereupon, the Senate reconvened 4 at 4:48 p.m.) 5 THE PRESIDENT: The Senate will 6 come to order, please. 7 Senator Skelos. 8 SENATOR SKELOS: Madam President, 9 if we could now go to the noncontroversial 10 reading of the calendar. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 251, by Senator LaValle, Senate Print 910, an 15 act to amend the Social Services Law, in 16 relation to the return of a child. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 30th day. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 311, by Senator Larkin, Senate Print 2346, an 3 act to amend the Racing, Pari-Mutuel Wagering 4 and Breeding Law and the Tax Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the 120th day. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 450, by Senator Larkin, Senate Print 1398, an 16 act to amend the Penal Law, in relation to 17 making the operation of an ATV upon the real 18 property of a farm operation a crime. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. Nays, 2 1. Senator Duane recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 458, by Senator Skelos, Senate Print 2392, an 7 act to amend the Penal Law, in relation to 8 assaults at a sports contest. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. Nays, 17 1. Senator Montgomery recorded in the 18 negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 459, by Senator Libous, Senate Print 2500, an 23 act to amend the Penal Law, in relation to the 24 provision of large quantities. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 470, by Senator Farley, Senate Print 2858, an 12 act to amend the Environmental Conservation 13 Law, in relation to making technical 14 corrections. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 472, by Senator Marcellino, Senate Print 3248,

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(518) 371-8910 1 an act to amend Chapter 203 of the Laws of 2 1999 amending the Environmental Conservation 3 Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 500, by Senator Wright, Senate Print 2534, an 15 act to amend the Tax Law, in relation to the 16 imposition of sales and compensating use 17 taxes. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 550, by Senator Maziarz, Senate Print 3337, an 4 act to amend the Civil Service Law, in 5 relation to appeals. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 557, by Senator Volker, Senate Print 3983, an 17 act in relation to granting certain retirement 18 benefits. 19 THE PRESIDENT: There is a 20 home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 564, by Senator LaValle, Senate Print 3216, an 6 act to amend the General Obligations Law, the 7 Public Health Law and the Education Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 7. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 567, by Senator Volker, Senate Print 278, an 19 act to amend the Local Finance Law, in 20 relation to the sale of bonds and notes. 21 THE PRESIDENT: There is a 22 home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 601, by Senator Marcellino, Senate Print 952A, 8 an act to amend the Military Law, in relation 9 to payment of life insurance premiums. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the 90th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 676, substituted earlier today by Member of 21 the Assembly Grannis, Assembly Print Number 22 7708, an act to amend the Insurance Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE PRESIDENT: Senator 5 Schneiderman, to explain your vote. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Madam President. 8 I rise to support this legislation. 9 Our workers' compensation system, a critical 10 safety net for injured workers, has to be kept 11 solvent. 12 But I hope that before -- now that 13 we have some time after the budget, that we 14 will take up the critical issue of reforming 15 New York's workers' compensation system. We 16 have some of the worst benefits and highest 17 costs in the country. 18 And it sort of reminds me a little 19 bit of the discussion we had yesterday about 20 our health care system. It is something we 21 have to do. It's been 13 years since benefits 22 were increased, and yet our businesses bear a 23 disproportionately high cost. 24 So keeping the system solvent, as 25 we're doing with this bill, is a step. But

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(518) 371-8910 1 let's not let the session expire without 2 dealing with a fundamental issue that affects 3 the lives of hundreds of thousands of 4 New Yorkers, workers and their families. 5 Thank you, Madam President. I vote 6 in the affirmative. 7 THE PRESIDENT: You will be so 8 recorded as voting in the affirmative. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: Ayes, 59. 12 THE PRESIDENT: The bill is 13 passed. 14 Senator Skelos, that completes the 15 reading of the calendar. 16 SENATOR SKELOS: Thank you, Madam 17 President. 18 Is there any housekeeping at the 19 desk? 20 THE PRESIDENT: Yes, there is, 21 Senator. 22 Senator Marcellino. 23 SENATOR MARCELLINO: Thank you, 24 Madam President. 25 On behalf of Senator Winner, on

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(518) 371-8910 1 page number 11 I offer the following 2 amendments to Calendar Number 157, Senate 3 Print Number 1844, and I ask that said bill 4 retain its place on the Third Reading 5 Calendar. 6 THE PRESIDENT: The amendments 7 are received, and the bill will retain its 8 place on the Third Reading Calendar. 9 SENATOR MARCELLINO: Madam 10 President, on behalf of Senator Balboni, on 11 page number 11 I offer the following 12 amendments to Calendar Number 167, Senate 13 Print Number 182, and ask that said bill 14 retain its place on the Third Reading 15 Calendar. 16 THE PRESIDENT: The amendments 17 are received, and the bill will retain its 18 place on the Third Reading Calendar. 19 SENATOR MARCELLINO: Madam 20 President, on behalf of Senator DeFrancisco, 21 on page number 34 I offer the following 22 amendments to Calendar Number 592, Senate 23 Print Number 48, and ask that said bill retain 24 its place on the Third Reading Calendar. 25 THE PRESIDENT: The amendments

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(518) 371-8910 1 are also received, and the bill will retain 2 its place on the Third Reading Calendar. 3 Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 there being no further business to come before 6 the Senate, I move we stand adjourned in 7 memory, respect and honor of our good friend 8 Senator Pat McGee. We stand adjourned until 9 Wednesday, May 4th, at 11:00 a.m. 10 THE PRESIDENT: On motion, the 11 Senate now stands adjourned, in memory of our 12 dear departed friend and colleague Senator 13 Patricia K. McGee, until Wednesday, May 4th, 14 at 11:00 a.m. 15 (Whereupon, at 4:55 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23 24 25

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(518) 371-8910