Wednesday, May 4, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 4, 2005 11 12:07 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 THE PRESIDENT: The Senate will 3 please come to order. 4 Everyone present please rise and 5 repeat with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: In the absence of 9 clergy, may we bow our heads, please, in a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 THE PRESIDENT: Reading of the 14 Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, May 3, the Senate met pursuant to 17 adjournment. The Journal of Monday, May 2, 18 was read and approved. On motion, Senate 19 adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: The Governor 3 returned, without Executive approval, Senate 4 Bill Number 2, entitled "An act to amend the 5 State Finance Law." 6 THE PRESIDENT: Senator Bruno. 7 SENATOR BRUNO: Madam President, 8 I move to lay said bill, as vetoed by the 9 Governor, on the table. 10 THE PRESIDENT: So ordered. 11 Reports of standing committees. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Bruno. 17 SENATOR BRUNO: Madam President, 18 I believe there is a resolution at the desk by 19 Senator Bonacic. I would ask that the title 20 be read and move for its immediate adoption. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Bonacic, Legislative Resolution Number 1693, 25 honoring Bernadette Reichle upon the occasion

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(518) 371-8910 1 of receiving the Education Award from the 2 Sarah Wells Girl Scout Council and the YWCA of 3 Orange County at the 2005 Tribute to Women of 4 Achievement of Orange County. 5 THE PRESIDENT: The question is 6 on the resolution. All in favor please 7 signify by saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (No response.) 11 THE PRESIDENT: The resolution is 12 adopted. 13 Senator Bruno. 14 SENATOR BRUNO: Madam President, 15 there is another resolution at the desk, by 16 Senator Larkin. I would ask that it be read 17 in its entirety and move for its immediate 18 adoption. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: By Senator 22 Larkin, Legislative Resolution Number 1694, 23 commemorating the 60th Anniversary of VE-Day, 24 Victory in Europe during World War II, to be 25 observed on Thursday, May 5, 2005.

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(518) 371-8910 1 "WHEREAS, It is the sense of this 2 Legislative Body that those who give positive 3 definition to the profile and disposition of 4 our American manner, do so profoundly 5 strengthen our shared commitment to the 6 exercise of freedom; and 7 "WHEREAS, Attendant to such 8 concern, and fully in accord with its 9 long-standing traditions, it is the intent of 10 this Legislative Body to commemorate the 11 60th Anniversary of VE-Day, Victory in Europe 12 during World War II, to be observed on 13 Thursday, May 5, 2005, at the New York State 14 World War II Memorial in Albany, New York, 15 with a special ceremony; and 16 "WHEREAS, New York State officials 17 and veterans from across the state will gather 18 to observe this important anniversary to 19 instill in all citizens a greater 20 understanding and appreciation of the selfless 21 sacrifice of the brave individuals who served 22 their country during World War II; and 23 "WHEREAS, VE-Day was a triumph that 24 silenced the guns of war that had laid claim 25 to death and devastation across the continent

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(518) 371-8910 1 for nearly six years; and 2 "WHEREAS, It was the extraordinary 3 courage of a special generation of Americans 4 and the passion for freedom of our Allies that 5 would defeat an evil regime and keep alight 6 the flame of liberty; and 7 "WHEREAS, The dedication and 8 sacrifices of these extraordinary Americans 9 who served during World War II ensured our 10 continued role as a nation which embodies the 11 ideals of democracy and is a defender of 12 liberty for peoples throughout the world; and 13 "WHEREAS, This Legislative Body is 14 very pleased to have this opportunity to 15 express its gratitude to the veterans of World 16 War II for their tremendous sacrifices made 17 for our nation and for the benefit of all 18 Americans; now, therefore, be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to commemorate 21 the 60th anniversary of VE-Day, Victory in 22 Europe during World War II, to be observed on 23 Thursday, May 5, 2005; and be it further 24 "RESOLVED, That copies of this 25 resolution, suitably engrossed, be transmitted

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(518) 371-8910 1 to veteran organizations in New York State." 2 THE PRESIDENT: Senator Larkin. 3 SENATOR LARKIN: Thank you, Madam 4 President. 5 You know, this is a year that we're 6 going to -- as far as history goes, is going 7 to say a lot for us. But fifty [sic] years 8 ago, combat in Europe stopped. Tomorrow, here 9 in the State Capitol, there will be a ceremony 10 honoring what happened fifty years ago. 11 Fifty years ago the concern was how 12 explosive Europe would be, how explosive the 13 Pacific would be. But yet our armed forces, 14 joining with our allies, convinced the Germans 15 that this was the end of the road. 16 While it was a joyful occasion, 17 there were many tearful occasions, because 18 many of our units that had served in combat 19 took a step back, and they thought of the 20 people that they served with, the men and 21 women -- starting in North Africa, going to 22 D-Day, crossing the line and taking in 23 Berlin -- and they remembered those who made 24 the supreme sacrifice in order to allow this 25 day to happen.

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(518) 371-8910 1 It was a glorious day for us. It 2 set in pattern what we had hoped would be the 3 end of all wars, of which we know it never 4 took place. 5 This resolution is a small piece of 6 paper. But to our veterans groups who will 7 celebrate this day -- in our chamber, there 8 are three of us who served in World War II: 9 The dean, Senator Marchi, four years United 10 States Navy; to my right, Caesar Trunzo, 11 infantryman; and this little kid from South 12 Troy, Your Honor, served with them too. 13 So we can reflect back. Most of 14 all, we'll reflect the great times of having 15 it end. Because those troops that were in 16 Europe were making preparation to join us in 17 the South Pacific, 86th Blackhawk. And people 18 recognized, without the action in Europe, the 19 devastation that would have been on us in 20 attacking Japan; there would have been 21 millions more killed. 22 So as we joyfully celebrate things 23 of spring and all, I think we all ought to 24 take a moment and reflect how lucky we are 25 that we had men and women in our nation that

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(518) 371-8910 1 were willing to fight to preserve freedom. 2 Madam President, I'd like to open 3 up the resolution to all to join us, because 4 it is a rightful thing to do. 5 Thank you. 6 THE PRESIDENT: The question is 7 on the resolution. All in favor please 8 signify by saying aye. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: The resolution is 13 adopted. 14 Any member who does not wish to be 15 a cosponsor of this resolution please notify 16 the desk. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 are there any substitutions at the desk? 20 THE PRESIDENT: Yes, there are, 21 Senator. 22 SENATOR BRUNO: Can we take up 23 those substitutions at this time. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: On page 4, 2 Senator Larkin moves to discharge, from the 3 Committee on Agriculture, Assembly Bill Number 4 6428 and substitute it for the identical 5 Senate Bill Number 1964, First Report Calendar 6 690. 7 On page 8, Senator Marchi moves to 8 discharge, from the Committee on 9 Transportation, Assembly Bill Number 5779 and 10 substitute it for the identical Senate Bill 11 Number 2940, First Report Calendar 735. 12 On page 13, Senator Spano moves to 13 discharge, from the Committee on 14 Investigations and Government Operations, 15 Assembly Bill Number 7294 and substitute it 16 for the identical Senate Bill Number 5074, 17 First Report Calendar 789. 18 On page 43, Senator Bruno moves to 19 discharge, from the Committee on Finance, 20 Assembly Bill Number 2, and substitute it for 21 the identical Senate Bill Number 1, Third 22 Reading Calendar 597. 23 And on page 51, Senator Maltese 24 moves to discharge, from the Committee on 25 Codes, Assembly Bill Number 6285B and

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(518) 371-8910 1 substitute it for the identical Senate Bill 2 Number 1872B, Third Reading Calendar 798. 3 THE PRESIDENT: Substitutions 4 ordered. 5 Senator Bruno. 6 SENATOR BRUNO: Madam President, 7 can we at this time take up the 8 noncontroversial reading of the calendar. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 187, by Senator Marchi, Senate Print 1841, an 13 act to amend the Not-for-Profit Corporation 14 Law, in relation to not-for-profit 15 corporations. 16 SENATOR BRUNO: Lay it aside for 17 the day. 18 THE PRESIDENT: The bill is laid 19 aside for the day. 20 THE SECRETARY: Calendar Number 21 304, by Senator Larkin, Senate Print 414, an 22 act to amend the Insurance Law, in relation to 23 providing. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of January. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 329, by Senator Little, Senate Print 1184, an 10 act to authorize certain health care 11 professionals. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect July 20, 2005. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 437, by Senator Meier, Senate Print 3567, an 23 act in relation to authorizing the reopening 24 of retirement plans. 25 THE PRESIDENT: There is a

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(518) 371-8910 1 home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 471, by Member of the Assembly Lavelle, 12 Assembly Print Number 5475, an act to amend 13 Chapter 395 of the Laws of 1978. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE PRESIDENT: Senator 21 Schneiderman, to explain your vote. 22 SENATOR SCHNEIDERMAN: Yes, Madam 23 President. 24 I'm voting no on this piece of 25 legislation. This is a bill originally passed

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(518) 371-8910 1 in 1973 in response as to an explosion on 2 Staten Island which killed 40 people. The 3 explosion was of a liquid natural gas tank. 4 I voted against this in the past 5 because it has been ascertained that there was 6 a defect in the particular truck, the 7 particular tank. It had nothing to do with 8 the safety of liquid natural gas, which in 9 fact is very important for powering clean 10 engines. 11 And unfortunately, this piece of 12 legislation, which was enacted in response to 13 that tragedy, is a ban on the siting of 14 facilities for transporting and storing liquid 15 natural gas in the City of New York. It 16 imposes a tremendous burden. It increases 17 pollution in the city. And I believe it's a 18 continued reaction to a problem that, while it 19 was a great tragedy, is not really addressed 20 by this piece of legislation. 21 So I sympathize with anyone still 22 bearing the scars of the tragedy in 1973. I 23 understand Senator Marchi's commitment to 24 this. But liquid natural gas is a safe 25 product, it is a good product for the

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(518) 371-8910 1 environment, and we should end the ban on 2 liquid natural gas facilities in the City of 3 New York. 4 So I will be voting no, Madam 5 President. 6 THE PRESIDENT: You will be 7 recorded as voting in the negative. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 471 are 12 Senators Balboni, Breslin, Duane, Gonzalez, 13 L. Krueger, C. Kruger, Montgomery, Onorato, 14 Parker, Schneiderman, and Serrano. 15 Ayes, 47. Nays, 11. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 526, by Senator Larkin, Senate Print 2622, an 20 act to amend the General Municipal Law, in 21 relation to providing. 22 ACTING PRESIDENT MEIER: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 180th day.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 541, by Senator Hannon, Senate Print 766, an 9 act to amend Chapter 590 of the Laws of 2002, 10 amending the Public Health Law. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 590, by Senator DeFrancisco, Senate Print 44, 23 an act to amend the Real Property Law, in 24 relation to real estate agency disclosure. 25 ACTING PRESIDENT MEIER: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect January 1, 2006. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 593, by Senator Volker, Senate Print 160, an 12 act to amend the Real Property Law, in 13 relation to fees for home inspection 14 examinations. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 12. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 597, substituted earlier today by Member of 2 the Assembly Silver, Concurrent Resolution of 3 the Senate and Assembly proposing amendments 4 to Articles IV -- 5 SENATOR SCHNEIDERMAN: Lay it 6 aside. 7 ACTING PRESIDENT MEIER: Lay the 8 resolution aside. 9 THE SECRETARY: Calendar Number 10 604, by Senator Farley, Senate Print 2220, an 11 act to amend the Executive Law, in relation to 12 designation of August 7th as "Family Day." 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. Nays, 21 1. Senator Duane recorded in the negative. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 607, by Senator Little, Senate Print 2973, an

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(518) 371-8910 1 act to amend the Executive Law, in relation to 2 including the Fulton chain of lakes. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 609, by Senator Spano -- 15 SENATOR SCHNEIDERMAN: Lay it 16 aside. 17 ACTING PRESIDENT MEIER: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 632, by Senator Larkin, Senate Print 70, an 21 act to amend the Vehicle and Traffic Law, in 22 relation to authorizing the City of Newburgh. 23 ACTING PRESIDENT MEIER: There is 24 a home-rule message at the desk. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 798, substituted earlier today by Member of 11 the Assembly McLaughlin, Assembly Print Number 12 6285B, an act to amend the Penal Law, in 13 relation to enacting "Vasean's Law." 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MEIER: Senator 23 Maltese, to explain his vote. 24 SENATOR MALTESE: Mr. President, 25 I rise to explain my vote.

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(518) 371-8910 1 Mr. President, I've been coming to 2 Albany for a great many years now, and very 3 rarely have I seen the agreement that we have 4 in effect today to pass this legislation in 5 this house. It's a situation that has risen 6 as a result of a terrible tragedy, the loss of 7 a little boy, the loss of a beloved little boy 8 by a mother who cared very deeply about her 9 only child. 10 And that mother is present in the 11 chamber today. That mother has been present 12 in the Assembly chamber for the passage of 13 this same law. 14 That mother, together with her 15 friend and neighbor -- that mother is 16 Mrs. Monique Dixon. Her friend and neighbor 17 is present here today, and that woman is Diana 18 Reyes. Diana is the mother of another little 19 boy, the best friend of little Vasean, who was 20 in a coma shortly after the tragic accident. 21 That accident was a crime. That 22 accident was among the very many accidents 23 caused by drunken drivers behind the wheels of 24 vehicles. This law is seeking to change the 25 law and stop accidents like that, crimes like

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(518) 371-8910 1 that from happening in the future. 2 Not only does it change the law to 3 create a rebuttable presumption that an 4 assault, a vehicular assault or a vehicular 5 homicide caused by a drunken driver was caused 6 by a driver's intoxication or impairment, but 7 it also increases the penalties to a felony in 8 both cases, a very desired result. 9 Speaking as a former prosecutor 10 myself, and deputy chief of the Homicide 11 Bureau in Queens, it's very evident that the 12 law over the years has been too lenient and 13 has been taken advantage of by drunken 14 drivers. It a pity, it is a shame that it 15 took the death of a little boy to change this 16 law and provide for a penalty that fits the 17 crime. 18 Nothing can ever bring back that 19 little boy, but certainly we in this chamber 20 can pass this legislation. We in this 21 chamber, as a result of the efforts of those 22 two mothers who have lobbied extensively -- 23 lobbied not only Speaker Silver, who has 24 stepped up to the plate; lobbied the Governor 25 of the State of New York, who has indicated

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(518) 371-8910 1 that he will sign this legislation; lobbied 2 Majority Leader Bruno, who was sympathetic to 3 this case from the very first and has watched 4 carefully as this case has progressed and 5 indicated his acceptance and support. 6 By the same token, in this house, 7 this bill has been supported by my co-prime 8 sponsor, Senator Toby Stavisky, eliminating 9 any claim of partisan politics. Senator Dale 10 Volker, our chairman of Codes, Assemblyman Joe 11 Lentol, the Assembly chairman of Codes, have 12 all cooperated to bring this bill before this 13 house at a time at less than six months have 14 expired. 15 The support that Mrs. Dixon and 16 Mrs. Reyes have encouraged and obtained is 17 absolutely incredible. They are present in 18 the chamber today. I think it's fitting that 19 they be here today to see this bill passed. 20 I vote aye. 21 ACTING PRESIDENT MEIER: Senator 22 Maltese will be recorded in the affirmative. 23 Senator Stavisky, to explain her 24 vote. 25 SENATOR STAVISKY: Thank you, Mr.

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(518) 371-8910 1 President. 2 October 22, 2004. That evening, 3 little Vasean was hit by a drunken driver, and 4 Angel Reyes was seriously injured. A lot has 5 happened in the last -- just over six months, 6 and it's happened because of the two women who 7 are seated here in the chamber today. 8 But there are some other people 9 also whom we must thank. Senator Maltese 10 mentioned some of them. We thank Senator 11 Bruno. I certainly thank Senator Maltese. I 12 thank my Minority Leader, Senator Paterson, 13 for his guidance and for his leadership on 14 this issue. 15 And we thank the people in the 16 Assembly, because without Assemblyman 17 McLaughlin and Assemblywoman Nettie Mayersohn, 18 Speaker Silver, and Joe Lentol, the Assembly 19 chair of Codes, and Senator Volker, the chair 20 of our Codes, we wouldn't be here at this 21 point today. 22 Ms. Dixon and Ms. Reyes live in my 23 Senate district. The accident occurred in my 24 Senate district. It occurred right on the 25 boundary of where -- in the street where

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(518) 371-8910 1 Assemblyman McLaughlin has one side of the 2 street and Assemblywoman Mayersohn has the 3 other side of the street. But it was their 4 commitment and tenacity that brought us to 5 this day. 6 We also ought to mention the 7 editorial writers, because they were also very 8 significant. We had major editorials in the 9 Daily News, in Newsday -- Newsday did three 10 editorials, the Daily News did two -- the 11 community newspapers. 12 The people in the community who 13 came up and who lobbied and who we went to 14 court on so many occasions. They collected 15 petitions and signatures and lent support to 16 Ms. Dixon and Ms. Reyes in their fight. The 17 people in the community should also be 18 thanked. 19 But with all due respect, we 20 wouldn't be here if it weren't for Monique 21 Dixon and Diana Reyes, because they have 22 become a vocal voice for the silent mothers 23 who have lost children in the past. And to 24 me, nothing can be worse than losing a child. 25 They have shown the depth of a mother's love

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(518) 371-8910 1 for a child, by taking a tragedy and turning 2 it into a positive result. 3 Many mothers have suffered similar 4 tragedies. But we know that drinking and 5 driving is a recipe for disaster. And 6 Ms. Dixon has been able to channel her grief 7 and her anger in a constructive manner, with 8 positive results. 9 Monique Dixon vowed to change the 10 law so that other mothers would not have to 11 experience her anguish. In a little more than 12 six months, they have accomplished the 13 impossible. 14 The editorial writers love to say 15 that we're dysfunctional, that we can't do 16 something. Well, I must say, we finally got 17 it right. We finally got it right in the 18 Legislature. And I hope that this is a 19 harbinger of what's going to happen in the 20 future. 21 We thank you, my friends, my 22 constituents, for what you have done. And 23 this really is only the beginning of your 24 fight. I know that you're not going to rest 25 once this bill is signed into law. There are

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(518) 371-8910 1 many other things that you're going to do. 2 And we thank you for being the conscience of 3 the Legislature on this issue. You have 4 spoken so eloquently and so effectively, and 5 we are so grateful for everything that you 6 have done. 7 And lastly, I can't help but think 8 back to what happened yesterday, during the 9 tribute to Pat McGee. So many people stood 10 and said, "I never had a chance to say 11 goodbye." And I think that was telling of 12 what happens up here. So let us, when we 13 leave here today, remember to say goodbye to 14 our friends. 15 And to Monique and to Diana, we 16 thank you very, very much for all you have 17 done, but also for everything that you're 18 going to do in the future. 19 ACTING PRESIDENT MEIER: Senator 20 Stavisky will be recorded in the affirmative. 21 Senator Golden, to explain his 22 vote. 23 SENATOR GOLDEN: Thank you, 24 Acting President. 25 I too rise to congratulate Serph

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(518) 371-8910 1 Maltese today, and the Senate for passing this 2 bill today, and to congratulate Monique Dixon. 3 Even though it's a sad day, losing your son, 4 it is a great day for your son, for Angel 5 Reyes, for all of the children of this great 6 state. 7 There isn't a week that goes by 8 that we don't open up the newspapers and we 9 see somebody with a hit-and-run, somebody with 10 a DWI, somebody killing another child in this 11 city and state. It's wrong. And this Senate 12 has passed, in the past three weeks, two laws 13 that are going to deal with vehicle accidents 14 and with driving while intoxicated. 15 We have a long way to go yet. In 16 2002, 1,500 people were killed by car 17 accidents. That's leaving the scene, that's 18 DWI, that's acting while under the influence 19 of drugs, that's reckless driving, that's -- 20 it's a combination. 21 We have to get serious about the 22 accidents in this state, like we did with the 23 crime of homicide and criminal crimes in this 24 city and state. We dealt with that. We 25 brought crime down across this city and state.

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(518) 371-8910 1 We have to do the same when it comes to 2 vehicle accidents. 3 What percentage, what portion of 4 those people being killed in this state are 5 that of people that were drunk that left the 6 scene of an accident and killed a child? Next 7 week, I guarantee you we open up the Post or 8 the Daily News and you will see another child 9 killed, and the week after that, another 10 person run down, and another week after that, 11 another person run down. We have to get 12 serious. 13 And I congratulate this Senate, all 14 of us in the Assembly and the Senate, for 15 passing these two bills, but we've got a long 16 way to go yet in bringing traffic accidents 17 down and dealing with this with a 18 comprehensive approach. This is two of the 19 five-point plan that the Governor had. We 20 have to continue the other three points, and 21 we have to go further to make sure that we 22 start saving lives here in this great, great 23 state. 24 So I thank you again, Monique, and 25 I thank Diane for being here today, and the 60

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(518) 371-8910 1 or 70 kids that you brought with you yesterday 2 to make your point. Congratulations, and God 3 bless Vasean. 4 And I vote yes. Thank you. 5 ACTING PRESIDENT MEIER: Senator 6 Golden will be recorded in the affirmative. 7 Senator Malcolm Smith, to explain 8 his vote. 9 SENATOR MALCOLM SMITH: Thank you 10 very much, Mr. President. 11 And to Diane and Monique, I am 12 sorry that you have to visit our chambers on 13 this particular day and be acquainted with all 14 of these members because of the tragedy that 15 happened to both of your children. 16 However, you should rest and know 17 that something good is coming out of this. 18 While I know that does very little to support 19 your heart, I do understand where your 20 feelings are right now. Truthfully, to lose a 21 loved one is probably the most difficult thing 22 for anyone to have to deal with. 23 I am happy to hear, obviously, that 24 Angel has come out of the coma, and that's a 25 good thing. And we're hoping to hear some

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(518) 371-8910 1 good things about him. Obviously, God is not 2 through with him and there is more purpose to 3 his life. 4 I will tell you very much so, 5 Monique, I know how passionate you were about 6 this. Even when you were in church, you would 7 make sure to try to lobby for this. And you 8 saw here, with Senator Maltese and Senator 9 Toby Stavisky, exactly what can happen in 10 government when everybody is focused on making 11 the right thing happen. 12 You should know that your 13 commitment and your tenacity pushed this thing 14 through for the last month or so, as you were 15 up here and we saw you in the hallway and you 16 were talking to everybody. And I know how you 17 grabbed me by my neck a few times when we were 18 in the hallway. That was a good thing, for 19 both of you. And I love you both for that. 20 But please know that our prayers 21 are going to be with each and every one of you 22 for now and forever. And as this day passes, 23 you know, as they say in the Bible, that, you 24 know, weeping may endure for a night, but joy 25 comes in the morning. And the joy that you

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(518) 371-8910 1 have this morning is knowing that we are all 2 here supporting a bill that is a tribute to 3 both of your children. But also know that the 4 joy that you have this morning is that our 5 prayers are going to be with you forever, and 6 we love each and every one of you. God bless. 7 And I vote yes. 8 ACTING PRESIDENT MEIER: Senator 9 Malcolm Smith will be recorded in the 10 affirmative. 11 Senator Ada Smith, to explain her 12 vote. 13 SENATOR ADA SMITH: Thank you, 14 Mr. President. 15 I too would like to pay homage to 16 my colleagues Senator Maltese and Senator Toby 17 Stavisky, and to thank them. But most of all, 18 to Monique and Diana. 19 And Monique, this is a very hard 20 time because it is the week of Mother's Day. 21 But think of it as your beautiful son looking 22 down upon you giving you a gift of strength. 23 May your strength continue. May you continue 24 to push each and every one of us. 25 And when you look upon Angel, think

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(518) 371-8910 1 of him as being a reward for still being here, 2 and continue to give him the love and the 3 caring that he will need to go forward in 4 life. 5 And I want to add my thanks to you 6 for your diligence. And I look forward to 7 working with you in any way possible to 8 further those bills that we need to put 9 forward so that young people will be safe in 10 the streets of our city. 11 Once again, thank you. And I vote 12 yes. 13 ACTING PRESIDENT MEIER: Senator 14 Ada Smith will be recorded in the affirmative. 15 The Secretary will announce the 16 results. 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 Senator Bruno, that completes the 21 noncontroversial reading of the calendar. 22 SENATOR BRUNO: Mr. President, 23 can we at this time take up the controversial 24 reading of the calendar. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 Secretary will conduct the controversial 2 reading of the calendar. 3 THE SECRETARY: Calendar Number 4 597, substituted earlier today by Member of 5 the Assembly Silver, Assembly Print Number 2, 6 Concurrent Resolution of the Senate and 7 Assembly proposing amendments to Articles IV 8 and VII of the Constitution. 9 ACTING PRESIDENT MEIER: Members 10 are asked to come into the chamber and take 11 their seats. 12 The Secretary will ring the bells. 13 The resolution is before the house. 14 Senator Schneiderman. 15 SENATOR SCHNEIDERMAN: Yes, thank 16 you, Mr. President. On the bill -- on the 17 resolution, excuse me. 18 We have two budget reform 19 resolutions before us today. I will be 20 opposing the resolution that is before us now 21 and supporting the second resolution. 22 I think that since this resolution 23 was first passed, a lot has happened. The 24 Silver v. Pataki decision was handed down, and 25 the Legislature demonstrated this year that

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(518) 371-8910 1 even under the current system, in the wake of 2 the Silver v. Pataki decision, we can get our 3 job done, we can pass an on-time budget. 4 This resolution provides for a 5 contingency budget, changes the budget process 6 in several ways that I feel actually would be 7 a detriment to moving forward as we all want 8 to in this house to pass budgets as quickly as 9 possible every year and to replicate our 10 success this year. 11 It might be one thing if we only 12 had one option to change the budget process, 13 but there is a far superior bill on the 14 calendar today, a far superior resolution on 15 the calendar today, Senate 3195, that has 16 already passed the Assembly, that surgically 17 addresses the issues raised in the Silver v. 18 Pataki decision, that changes the most 19 offensive part of that decision, from my point 20 of view as a legislator, which is allowing the 21 Governor to avoid his responsibility to change 22 the law through independent pieces of 23 legislation and to put language that changes 24 the law into appropriations. 25 This current resolution I think

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(518) 371-8910 1 monkeys with the process in a way that is not 2 necessarily productive. There's a big 3 downside to a contingency budget. It gives 4 the power of delay to whichever house, 5 whichever party to the negotiations wants to 6 delay. And I think it would be a mistake to 7 pass it given the history of the last year, 8 given the Silver v. Pataki decision, and given 9 the fact that we now have a far better bill 10 before us. 11 So I'm going to vote no on this 12 bill and encourage everyone to vote yes on the 13 next bill, Senate 3195. I think that that 14 legislation, if you examine it, is the 15 surgical strike to deal with the balance of 16 power issues raised in Silver v. Pataki. This 17 bill changes things that don't necessarily 18 solve the problem and could in fact make it 19 far worse. 20 Thank you, Mr. President. 21 ACTING PRESIDENT MEIER: Senator 22 Bruno, to close. 23 SENATOR BRUNO: Mr. President -- 24 and thank you, Senator Schneiderman. 25 We gave first passage to this

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(518) 371-8910 1 budget reform. And second passage allows this 2 issue to go before the public in a referendum 3 in November. That's what it does. 4 The Assembly passed this, I 5 believe, in January. So all we're talking 6 about here is second passage, take a 7 referendum and let the people decide whether 8 or not they want this form of budget reform 9 put in place so that we will have a budget on 10 a date certain. 11 This year we did some extraordinary 12 things. There's no assurance we'll be able to 13 do those same extraordinary things next year. 14 This, with public approval, gives us some 15 assurances. 16 So I would encourage my colleagues 17 to vote for second passage and give the 18 constituency of this state an opportunity to 19 vote on true reform, budget reform. 20 ACTING PRESIDENT MEIER: On the 21 concurrent resolution, the Secretary will call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MEIER: Senator 25 Oppenheimer, to explain her vote.

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(518) 371-8910 1 SENATOR OPPENHEIMER: Yes. I'm 2 going to be voting for this, because I was on 3 the budget reform conference committee that 4 proposed this. And I feel that it is 5 something that should be supported. 6 But I have to put a big "but" in 7 here. If we are not going to override in the 8 long run the Governor's veto of the 9 implementing legislation, I see no value in 10 going to the hard work that we all are going 11 to do to try and pass this constitutional 12 amendment. 13 So I think -- I think I would have 14 to feel -- I mean, I am going to vote for it. 15 But I would feel so much more comfortable if I 16 knew that we were going to stand together and 17 override the Governor's veto of the 18 implementing legislation, which in a way is 19 absolutely required for Section 1 through 35 20 and also Section 38. So that's useless if we 21 don't have the override. 22 I'm voting yes. 23 ACTING PRESIDENT MEIER: Senator 24 Oppenheimer will be recorded in the 25 affirmative.

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(518) 371-8910 1 Senator Volker, to explain his 2 vote. 3 SENATOR VOLKER: Mr. President, 4 I -- you know, one of the Governor's people I 5 ran into this morning said: "Don't hurt us 6 too bad." I said, "Well, I'm not going to 7 hurt you bad at all." 8 I understand, by the way, if I'm 9 even thinking about being Governor, I would 10 oppose this. That's why I think the Attorney 11 General doesn't like this. 12 But, ladies and gentlemen of the 13 Senate, a main reason why we have been late 14 for 20 years has to do with the total erosion 15 by the Court of Appeals of this house's power 16 to deal with budgets. 17 This is not an issue, by the way, a 18 Republican and Democrat issue. This is an 19 issue that involves the right of the people of 20 this state to make a decision on whether we 21 should be able to run a democratically -- and 22 by democratic, I'm talking about a democracy 23 type of system. 24 This is what this is all about. 25 When it goes on the ballot, we should be out

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(518) 371-8910 1 there making sure that the people understand 2 that when they vote for us, that they are 3 voting for us to handle the budget in an equal 4 manner. And that's what this is really all 5 about. 6 So not only am I voting yes, I'm 7 urging all my colleagues to look at this as 8 something that is important for all of us as 9 democratically elected legislators. 10 ACTING PRESIDENT MEIER: Senator 11 Volker will be recorded in the affirmative. 12 Senator Bonacic, to explain his 13 vote. 14 SENATOR BONACIC: Thank you, Mr. 15 President. 16 I'm voting yes on this 17 constitutional change. I'm very disappointed 18 for any member in this chamber who's voting 19 no, considering how most of the members voted 20 on the first constitutional passage. I think 21 it was unanimous. 22 What has happened between the first 23 vote and now? I think the mandate that we all 24 heard in the last election was loud and clear. 25 It was bipartisan. From Democratic

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(518) 371-8910 1 constituents, Republican constituents, and 2 everybody in between: We're sick and tired of 3 late budgets. 4 This constitutional amendment is a 5 statutory trigger that will automatically 6 mandate timely budgets. And for anyone that 7 votes no on this resolution is saying to the 8 public: We really don't want timely budgets 9 and, number two, we don't even want to hear 10 your vote on a referendum in November of 11 whether or not you want timely budgets. 12 Thank you, Mr. President. 13 ACTING PRESIDENT MEIER: Senator 14 Bonacic will be recorded in the affirmative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 597 are 18 Senators Breslin, Duane, Gonzalez, 19 Hassell-Thompson, L. Krueger, Montgomery, 20 Parker, Savino, Schneiderman, Serrano, 21 A. Smith and Stavisky. 22 Ayes, 47. Nays, 12. 23 Absent from voting on Calendar 24 Number 597, Senator Connor. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 concurrent resolution is adopted. 2 THE SECRETARY: Calendar Number 3 609, by Senator Spano, Senate Print 3195, 4 Concurrent Resolution of the Senate and 5 Assembly proposing amendments to Article VII 6 of the Constitution. 7 ACTING PRESIDENT MEIER: Senator 8 Schneiderman. 9 SENATOR SCHNEIDERMAN: I would 10 like to quote the words of the great Ron 11 Stafford: This is a good bill. 12 Thank you, Mr. President. 13 (Laughter.) 14 ACTING PRESIDENT MEIER: Senator, 15 Senator Stafford would have called it a 16 resolution, but it was close enough. 17 (Laughter.) 18 ACTING PRESIDENT MEIER: Senator 19 Liz Krueger. 20 SENATOR LIZ KRUEGER: Thank you, 21 Mr. President. On the bill. 22 Excuse me, on the resolution. 23 Thank you, Senator Gonzalez. 24 So we do have two before us today, 25 and I'd like to start with my support for this

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(518) 371-8910 1 bill by pointing out where I disagree with my 2 colleague Senator Bonacic. 3 Why could we not vote for S1 this 4 year when we voted for it last year? And I 5 think the answer is that because some things 6 have changed. In fact, since then we have had 7 a legal decision, Silver v. Pataki, through 8 the Court of Appeals, which clarified the role 9 of the Governor and the Legislature in the 10 budget. 11 And I think institutionally for the 12 Legislature, both parties, both houses, we 13 didn't like that decision. But it did clarify 14 some of the debates within the existing 15 constitution and the fight at hand between 16 what we can do to reform the budget. 17 I also think that Senator Bonacic 18 is right; we have heard from voters. They 19 demand better of us. They want on-time 20 budgets. They want good budgets. They want 21 reform in Albany. And I would like to give 22 them all of that. 23 But I think it is reasonable to say 24 that in a year since we had the budget 25 conference committee, and we passed S1

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(518) 371-8910 1 originally in both houses, that we have become 2 more educated about what we can and cannot do 3 with reforming the budget in a way that meets 4 our obligations to our voters. 5 And so I'm perfectly comfortable 6 standing here today saying that while I voted 7 for S1 last year, I realized during that time, 8 because it was open to sunshine and public 9 discussion, and we've heard from our 10 constituents, we've heard from the Court of 11 Appeals, we've heard from newspapers and 12 editorial boards, we've had open 13 discussions -- at least I have, with public 14 forums in my own district about what our 15 constituents or my constituents want -- that 16 it's okay to say that that was a try but 17 perhaps not the best we could do. 18 And that in fact I also believe 19 that the bill we're now discussing, A4630, 20 Silver, and 3195 here in the Senate, is a 21 better attempt. 22 And you are right when you point 23 out, and I think Senator Bruno did, that S1 24 would go to the voters this November and this 25 constitutional amendment couldn't possibly go

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(518) 371-8910 1 to the voters until as early as 2007. 2 I do think it's important to get it 3 right when you're changing the Constitution of 4 the State of New York and just not say it was 5 the best you could do at one moment in time. 6 Although I do believe this will go, this will 7 pass -- excuse me, S1 passed, and it will go 8 to a referendum of the voters this year, and 9 we'll see, we'll see whether the voters say 10 this was good enough for us. 11 But I see no problem with our 12 reflecting back that maybe it wasn't good 13 enough, that maybe this version is better. I 14 have real concerns about the contingency 15 budget model in S1, as I did last year, even 16 though I voted for the bill and raised 17 concerns about the bill last year. 18 I would argue that this bill also 19 doesn't complete the task of reforming the 20 budget process. And I wish that the bill 21 we're now discussing also included, in 22 addition to the improved changes for the 23 constitution, I wish that this bill included a 24 requirement that budget bills be on our desks 25 at least 10 days before we pass them.

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(518) 371-8910 1 Because, let's face it, it is the 2 most important bill or group of bills we pass 3 each year, and there should be a healthy 4 amount of time for the public and for 5 legislators to know what are in those bills 6 before we vote on them. 7 I wish that this bill did include a 8 structure for an independent budget office, 9 because I do think that is an important entity 10 for us to create in the state that assure that 11 we actually have valid, nonpolitically-biased 12 numbers on revenue coming into the State of 13 New York each year. 14 I do wish that we had more detail 15 in this bill about the necessity to itemize 16 and detail the appropriations items in the 17 budget in simple English language. 18 I do wish that this constitutional 19 amendment required that we follow standardized 20 government accounting procedures. It is 21 infuriating, as a resident of New York City, 22 that I know that my city budget must follow 23 standard accounting procedures, on orders from 24 the State of New York, but that the state's 25 own budget doesn't have to follow those rules.

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(518) 371-8910 1 I think that's an appropriate issue for a 2 constitutional amendment. 3 I wish that we had standing budget 4 committees on an ongoing, formal way with 5 conference committees. Not because it was a 6 popular idea this year and so we did them but 7 no guarantee we'll continue to do them. 8 I wish that we had to itemize out, 9 under the constitution, reappropriations and 10 off-budget items so that we had a full and 11 clear understanding, and our constituents did, 12 of all the dollars in the budget. 13 So even the bill I'm about to 14 support I don't believe is a perfect bill. I 15 actually think we could do even better as we 16 move forward. 17 So I will be voting for this bill 18 today. I hope my colleagues will. And I 19 think that technically our constituents may 20 have two bites at the apple when it comes to 21 referendum votes over the next few years. And 22 that the time in between will give us an 23 opportunity to better explain to the people of 24 New York what goes into and makes a good 25 budget, not just an on-time budget, and that

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(518) 371-8910 1 we have a lot of lifting to do to explain to 2 constituents the technical differences between 3 differing constitutional amendment proposals. 4 So I will be voting yes. 5 Thank you very much, Mr. President. 6 ACTING PRESIDENT MEIER: Does any 7 other Senator wish to be heard on the 8 resolution? 9 Then the debate is closed. 10 Senators are asked to be in their 11 seats for a vote. 12 The Secretary will ring the bell. 13 On the concurrent resolution, the 14 Secretary will call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT MEIER: The 18 concurrent resolution is adopted. 19 Senator Bruno, that completes the 20 controversial reading of the calendar. 21 Senator Bruno. 22 SENATOR BRUNO: Mr. President, I 23 would suggest that we stand in recess in the 24 Senate for 20 minutes and return at twenty 25 after 1:00, back in session, and would ask our

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(518) 371-8910 1 conference to join in our conference room 2 immediately upon recess. 3 And would suggest we recognize 4 Senator Gonzalez. 5 ACTING PRESIDENT MEIER: Senator 6 Gonzalez. 7 SENATOR GONZALEZ: Mr. President, 8 there will be an immediate meeting of the 9 Minority Conference in Room 314. 10 ACTING PRESIDENT MEIER: 11 Immediate meeting of the Majority in the 12 Majority Conference Room. 13 Immediate meeting of the Minority 14 in the Minority Conference Room. 15 The Senate stands in recess until 16 1:20 p.m. 17 (Whereupon, the Senate stood in 18 recess at 1:00 p.m.) 19 (Whereupon, the Senate reconvened 20 at 2:31 p.m.) 21 SENATOR SKELOS: Mr. President. 22 ACTING PRESIDENT ROBACH: Senator 23 Skelos. 24 SENATOR SKELOS: Mr. President, 25 if we could return to motions and resolutions,

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(518) 371-8910 1 I believe Senator Libous has a motion to make. 2 ACTING PRESIDENT ROBACH: Senator 3 Libous. 4 SENATOR LIBOUS: Thank you, Mr. 5 President. 6 Mr. President, on behalf of Senator 7 Spano, I wish to call up his bill, Senate 8 Print 3195, which is now at the desk. 9 ACTING PRESIDENT ROBACH: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 609, by Senator Spano, Senate Print 3195, 13 Concurrent Resolution of the Senate and 14 Assembly. 15 SENATOR LIBOUS: Mr. President, I 16 now move to reconsider the vote by which this 17 bill was passed and ask that the said bill be 18 restored to its place on the Third Reading 19 Calendar. 20 ACTING PRESIDENT ROBACH: The 21 Secretary will call the roll on 22 reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT ROBACH: Senator

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(518) 371-8910 1 Libous. 2 SENATOR LIBOUS: Mr. President, I 3 move to discharge this bill from the Committee 4 on Finance, Assembly Print Number 4630, and 5 substitute it for the identical bill. 6 ACTING PRESIDENT ROBACH: 7 Substitution ordered. 8 SENATOR LIBOUS: I now move that 9 the bill be restored to the Third Reading 10 Calendar. 11 ACTING PRESIDENT ROBACH: So 12 ordered. 13 The Secretary will read Calendar 14 609. 15 THE SECRETARY: Calendar Number 16 609, by Member of the Assembly Silver, 17 Assembly Print Number 4630, Concurrent 18 Resolution of the Senate and Assembly. 19 ACTING PRESIDENT ROBACH: Call 20 the roll on the resolution. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT ROBACH: The 24 resolution is adopted. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, I 2 believe there's a resolution at the desk by 3 Senator Leibell. I ask that the title be read 4 and move for its immediate adoption. 5 ACTING PRESIDENT ROBACH: The 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Leibell, Legislative Resolution Number 1695, 9 honoring Joel Seligman upon being named the 10 Mount Kisco Chamber of Commerce's 2005 Citizen 11 of the Year. 12 ACTING PRESIDENT ROBACH: All 13 those in favor of the resolution signify by 14 saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT ROBACH: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT ROBACH: The 20 resolution is adopted. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 there being no further business to come before 24 the Senate, I move we stand adjourned until 25 Monday, May 9th, at 3:00 p.m., intervening

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(518) 371-8910 1 days being legislative days. 2 ACTING PRESIDENT ROBACH: On 3 motion, the Senate stands adjourned until 4 Monday, May 9th, 3:00 p.m., intervening days 5 being legislative days. 6 (Whereupon, at 2:34 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910