Wednesday, May 18, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 18, 2005 11 11:05 a.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 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 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 17, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 16, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Thank you, 9 Madam President. 10 On behalf of Senator DeFrancisco, 11 on page Number 40 I offer the following 12 amendments to Calendar Number 631, Senate 13 Print Number 4170, and ask that said bill 14 retain its place on Third Reading Calendar. 15 THE PRESIDENT: The amendments 16 are received, and the bill will retain its 17 place on the Third Reading Calendar. 18 SENATOR FUSCHILLO: Thank you. 19 THE PRESIDENT: Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 are there any substitutions to be made at this 22 time? 23 THE PRESIDENT: Yes, there are, 24 Senator. 25 SENATOR SKELOS: If we could make

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(518) 371-8910 1 them, please. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: On page 4, 5 Senator Hannon moves to discharge, from the 6 Committee on Health, Assembly Bill Number 7 5220, and substitute it for the identical 8 Senate Bill Number 4797, First Report Calendar 9 986. 10 On page 5, Senator Hannon moves to 11 discharge, from the Committee on Health, 12 Assembly Bill Number 6618 and substitute it 13 for the identical Senate Bill Number 5322, 14 First Report Calendar 989. 15 On page 5, Senator Hannon moves to 16 discharge, from the Committee on Health, 17 Assembly Bill Number 6620 and substitute it 18 for the identical Senate Bill Number 5325, 19 First Report Calendar 990. 20 On page 5, Senator LaValle moves to 21 discharge, from the Committee on Finance, 22 Assembly Bill Number 2343 and substitute it 23 for the identical Senate Bill Number 1560A, 24 First Report Calendar 993. 25 On page 5, Senator Nozzolio moves

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(518) 371-8910 1 to discharge, from the Committee on Finance, 2 Assembly Bill Number 4452 and substitute it 3 for the identical Senate Bill Number 3377, 4 First Report Calendar 998. 5 On page 6, Senator Flanagan moves 6 to discharge, from the Committee on Finance, 7 Assembly Bill Number 6504 and substitute it 8 for the identical Senate Bill Number 3650, 9 First Report Calendar 1000. 10 On page 7, Senator Marcellino moves 11 to discharge, from the Committee on Consumer 12 Protection, Assembly Bill Number 3255 and 13 substitute it for the identical Senate Bill 14 Number 2472, First Report Calendar 1012. 15 On page 7, Senator Rath moves to 16 discharge, from the Committee on Consumer 17 Protection, Assembly Bill Number 227 and 18 substitute it for the identical Senate Bill 19 Number 2901, First Report Calendar 1013. 20 On page 9, Senator Volker moves to 21 discharge, from the Committee on Health, 22 Assembly Bill Number 1790 and substitute it 23 for the identical Senate Bill Number 5271, 24 First Report Calendar 1034. 25 On page 10, Senator Alesi moves to

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(518) 371-8910 1 discharge, from the Committee on Environmental 2 Conservation, Assembly Bill Number 2882A and 3 substitute it for the identical Senate Bill 4 Number 3054A, First Report Calendar 1041. 5 On page 11, Senator Robach moves to 6 discharge, from the Committee on 7 Transportation, Assembly Bill Number 787 and 8 substitute it for the identical Senate Bill 9 Number 2768, First Report Calendar 1055. 10 On page 11, Senator Larkin moves to 11 discharge, from the Committee on 12 Transportation, Assembly Bill Number 2156 and 13 substitute it for the identical Senate Bill 14 Number 3206, First Report Calendar 1056. 15 And on page 11, Senator Balboni 16 moves to discharge, from the Committee on 17 Transportation, Assembly Bill Number 2915A and 18 substitute it for the identical Senate Bill 19 Number 3575A, First Report Calendar 1057. 20 THE PRESIDENT: Substitutions 21 ordered. 22 Senator Skelos. 23 SENATOR SKELOS: Madam President, 24 if we could return to reports of standing 25 committees, I believe there's a report of the

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(518) 371-8910 1 Finance Committee at the desk. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Senator Johnson, 5 from the Committee on Finance, reports the 6 following nomination: 7 As Superintendent of Insurance, 8 Howard D. Mills, of Goshen. 9 THE PRESIDENT: Senator Johnson. 10 SENATOR JOHNSON: Move the 11 nomination. 12 THE PRESIDENT: Senator Seward. 13 SENATOR SEWARD: Yes, Madam 14 President. I'm very pleased to rise in 15 support of Howard Mills to be named and 16 confirmed by this body to be our 17 Superintendent of Insurance in New York State. 18 And first of all, I just want to 19 congratulate the Governor for making an 20 outstanding nomination in Howard Mills. You 21 know, even though Howard has been known to 22 many, many people through his record of local 23 government service down in Orange County, a 24 member of the New York State Assembly, 25 statewide candidate for office, but in the

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(518) 371-8910 1 insurance world, when he was nominated by the 2 Governor to be superintendent, in much of the 3 insurance world it was "Howard who?" 4 But that very quickly, very quickly 5 changed. Because the way that Howard Mills, 6 as acting superintendent, has dove right into 7 the very complex insurance issues facing this 8 state -- and across the country, for that 9 matter -- there's no question that he 10 possesses very much a command of the insurance 11 issues, a very keen grasp of some of the 12 complex regulatory problems facing the 13 insurance world. 14 He's been very available and 15 accessible, traveling this state, talking with 16 all of the stakeholders involved in the 17 insurance issues, and has certainly been very 18 available and accessible to the members of the 19 Legislature these past four months that he has 20 been acting superintendent. 21 Very importantly, Howard Mills has 22 looked out for New York State's interests at 23 the national level, in Washington, through his 24 support for the Terrorism Risk Insurance Act, 25 TRIA. Very, very important that Congress

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(518) 371-8910 1 renews this. Howard has been down in 2 Washington, fighting for this and for 3 New York's interests. He has been fighting 4 for state regulation of insurance in all the 5 discussions involving the SMART Act. 6 And I think there's no question 7 Howard has the best interests of the people of 8 this state, all of whom are insurance 9 consumers, as he carries out his duties. 10 Just one quick example. We've been 11 working very hard to help bring down auto 12 insurance rates, and we've seen a number of 13 announcements of auto insurance rate 14 reductions in this state because of the good 15 work of the Insurance Department under 16 Howard's leadership and those of his 17 predecessor, Greg Serio. 18 So the people of this state are 19 already benefiting from Howard's leadership at 20 the Insurance Department. And we look forward 21 to many more months and years of his 22 leadership at that department on behalf of the 23 people of the State of New York. 24 So this is a great day, and I'm 25 very pleased that it's finally arrived. And I

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(518) 371-8910 1 just want to congratulate Howard, his wife, 2 Erin, and his family. It's a proud day for 3 you, and it's really a proud day for all of 4 us. 5 So, Madam President, I'm very 6 pleased to stand in support of this 7 confirmation. 8 THE PRESIDENT: Senator Maziarz. 9 SENATOR MAZIARZ: Thank you very 10 much, Madam President. 11 I want to join my colleague Senator 12 Seward in congratulating Governor Pataki on a 13 great appointment. 14 Howard, I've known him since he's 15 been here in Albany as a member of the 16 Assembly. I worked with him very closely last 17 year, and he had the occasion to travel around 18 the state a great deal. And he did -- has 19 always done a commendable job regardless of 20 the task. 21 And Senator Seward talked about 22 some of the issues that Howard has tackled 23 already. Just in his brief tenure as acting 24 commissioner, I've been in contact with him, 25 my office, several times on issues involving

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(518) 371-8910 1 the Insurance Department, and Howard has been 2 there. He's going to be a great commissioner. 3 It's a very good appointment. 4 Howard, congratulations to you and 5 your family. We realize the insurance 6 industry in the State of New York is in a 7 state of flux, is challenging right now, and I 8 could not any think of a better person to 9 tackle those challenges. 10 Thank you, Madam President. 11 THE PRESIDENT: Senator Winner. 12 SENATOR WINNER: Thank you, Madam 13 President. 14 I rise to support the nomination of 15 Howard Mills for Superintendent of Insurance. 16 And I'm delighted to see him here today with 17 his wife, Erin. 18 Howard and I were very good friends 19 in the New York State Assembly, serving 20 together. And while I cannot with the same 21 amount of eloquence and particularity testify 22 as to his attributes for Superintendent of 23 Insurance, I know that the reports that I get 24 are that he is doing a terrific job and will 25 continue to do a terrific job.

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(518) 371-8910 1 But I can say that as a colleague 2 in the New York State Assembly, Howard was 3 just an absolutely outstanding member of the 4 Legislature, dedicated to his constituents, 5 and did a fine, fine job in support of the 6 conference that I served in for many, many 7 years. 8 And for those reasons, knowing that 9 Howard has an outstanding character, he really 10 proved himself to be quite a spectacular 11 individual when he was campaigning for 12 statewide office. There were people were 13 impressed from one end of this state to the 14 other by his character and abilities. And to 15 that extent, I know he's going to bring those 16 abilities and character to his position as 17 Superintendent of Insurance. 18 And I wholeheartedly support his 19 nomination and hope that he will receive 20 unanimous support in this body thank you. 21 THE PRESIDENT: Senator Onorato. 22 SENATOR ONORATO: Madam 23 President, I rise to join my colleagues in 24 seconding the nomination of Howard Mills for 25 the Superintendent of Insurance.

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(518) 371-8910 1 Senator Wright indicated earlier on 2 that his name was brought about that when his 3 name was brought about that they said, "Howard 4 who?" 5 Well, "Howard who" came to the 6 Insurance Committee and he got off to a 7 running start by giving a lesson indicating 8 his knowledge of the background of insurance. 9 He served on the Insurance Committee in the 10 Assembly. And during the first four months as 11 an acting superintendent, he showed a great 12 deal of knowledge in grasping the issues that 13 are facing us in the insurance world today. 14 And I know that he's going to do an 15 excellent job, because I had the pleasure of 16 traveling with him to Italy with his wife 17 Erin. And his wife ensured that we had a 18 wonderful, wonderful trip. 19 And I'm sure he's going to lend the 20 same expertise to making sure that the people 21 of the State of New York are going to be 22 equally happy that he's come board the 23 Insurance Department to lead us into greater 24 and higher awards. 25 Congratulations, Howard. And you

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(518) 371-8910 1 and your wife, the best of health. 2 THE PRESIDENT: Senator Bonacic. 3 SENATOR BONACIC: Thank you, 4 Madam President. 5 First of all, I'd like to welcome 6 Erin, Howard's parents, Howard and his mom -- 7 mom and dad -- Pat. 8 I don't want to tell you how old I 9 am, but I go back when Howard was a teenager. 10 And Howard has a brother and a sister. And 11 his dad, I think, who was in real estate and 12 development, I think he always wanted Howard 13 to succeed him in this area, be an 14 entrepreneur and make money. 15 And I can tell you, very rarely as 16 a teenager do you find teenagers that are 17 interested in public service. But this 18 gentleman, from a very early age, loved public 19 service. And he went to college, got his 20 degrees, and he never deviated from the 21 mission of public service. 22 He ran, successful supervisor in 23 Wallkill, successful Assemblyman, exercised 24 himself in leadership positions. And now here 25 he is, going to be our Commissioner of

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(518) 371-8910 1 Insurance. 2 I stand in support and in 3 congratulations. Howard, they're going to say 4 all nice things about you today. But once 5 you're the commissioner, if you do anything 6 wrong, they're going to come after you. 7 (Laughter.) 8 SENATOR BONACIC: But even as 9 acting commissioner, he has already made a 10 mark. Insurance companies have been lowering 11 their rates. He interceded in an impasse in 12 Bon Secours and Blue Shield/Blue Cross to keep 13 negotiations going, making sure there was 14 continued health coverage for thousands and 15 thousands of people in the mid-Hudson area. 16 So we have a very dedicated public 17 servant, a very talented individual, 18 intelligent. I know he will do a wonderful 19 job. 20 And we wish you the best in your 21 future endeavors, Howard. Thank you. 22 Thank you, Madam President. 23 THE PRESIDENT: Senator Morahan. 24 SENATOR MORAHAN: Thank you, 25 Madam President.

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(518) 371-8910 1 I rise to join the chorus of 2 support for Howard Mills, our new 3 Superintendent of Insurance. I've known 4 Howard since he was the supervisor of the Town 5 of Wallkill. Very bright, aggressive, 6 energetic young man who I believe will serve 7 and I'm convinced he will serve both the 8 people of the State of New York and the 9 insurance industry well. 10 And I want to join Senator 11 Bonacic's remarks regarding Bon Secours and 12 Empire Blue Cross, to make sure that that 13 negotiation between the hospitals continues so 14 that we can have good health care for so many 15 people in the Hudson area. 16 Howard, I wish you all the very 17 best. I wish you the best, Erin and your 18 parents, Howard Sr. and Mrs. Mills, as you go 19 off into this new assignment, carrying with 20 you the traits that you have grown up with 21 which is honesty, fairness, and energy and 22 industry. So the very best to you. 23 And I support the nomination of 24 Commissioner Mills. 25 THE PRESIDENT: Senator Breslin.

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(518) 371-8910 1 SENATOR BRESLIN: Thank you, 2 Madam President. 3 I echo the remarks of my 4 colleagues, in particular Senator Seward and 5 Senator Onorato. 6 I spoke at the Insurance Committee 7 meeting and also at the Finance Committee 8 meeting that all of us have been so impressed 9 at the ability of Acting Superintendent, soon 10 to be Superintendent Mills in getting up to 11 speed on very complex issues, issues that I 12 believe are critically important to the State 13 of New York, and taking those issues and being 14 accessible to us in the Senate, and I'm sure 15 the Assembly, but on both sides of the aisle. 16 His response time is just what we 17 need here, and I'm sure that response time is 18 even better to consumers. 19 So I applaud the Governor in 20 choosing Howard Mills. I look forward to 21 working with him in the coming years. 22 Congratulations, Howard, and 23 congratulations to your family. 24 THE PRESIDENT: Senator Larkin. 25 SENATOR LARKIN: Thank you, Madam

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(518) 371-8910 1 President. 2 Howard, it's been a long road, but 3 finally the day is here. 4 Those of you who knew Howard in the 5 Assembly, or you've met him on the trail last 6 campaign, or you've had the privilege of 7 working with him in the four months that he's 8 been in the department, you found out one 9 thing about Howard Mills. Howard Mills, 10 number one, is a team player. 11 Howard Mills is a hard study and a 12 fast learner. I've had the privilege of 13 knowing Howard for many years. He's been my 14 constituent for a heck of a long time. But I 15 always noticed that Howard always wanted to be 16 a partner, and he knew what role had to be 17 played and how to play it. 18 I've had businesses in my community 19 that I've asked Howard to call because of some 20 high-technical thing in the insurance 21 industry. Their remarks were very simple: 22 He's an individual who takes time, who listens 23 and helps you solve the problem. 24 But then again, if you look at 25 Howard since he first got into politics, I

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(518) 371-8910 1 said at the Finance meeting, one time I was in 2 Washington at a meeting and Howard was working 3 for then our Congressman Ben Gilman, and Ben 4 said to me, "Can you find me two more Howards? 5 And I can get rid of ten people." Because he 6 was so keen on what the responsibility of the 7 Congressman's office were. He spent untold 8 hours, not for Howard Mills, but for the 9 office he was representing and the person. 10 When he became a town councilman, 11 you could always make sure that that district 12 that Howard represented had full access to 13 him, day or night. Became the town 14 supervisor, he did an outstanding job as town 15 supervisor. Became an Assemblyman, did the 16 same thing. 17 Howard Mills has helped us in the 18 past four months on such critical issues as 19 backstop, TRIA, and now, most recently, the 20 SMART Act, which Congress is trying to pass. 21 And I want to thank him publicly for going to 22 Washington and telling Senators Schumer and 23 Clinton and our congressional delegation of 24 the impact that this will have on our state. 25 Consequently, some people now are

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(518) 371-8910 1 taking a second look. Now Howard has 2 convinced the National Association of 3 Insurance Commissioners that they were down 4 the wrong path, and they're joining him. 5 It's an honor and a privilege to 6 stand here and second your nomination, because 7 I know we, the people of the State of 8 New York, will be better served because we 9 nominated and accepted an individual who's a 10 totally committed individual. 11 And, Erin, you take all the credit 12 for what he's done. Mr. and Mrs. Mills, 13 you've raised a super son. Congratulations. 14 THE PRESIDENT: Senator Libous. 15 SENATOR LIBOUS: Madam President, 16 I too want to join my colleagues in speaking 17 on this nomination. 18 And, Howard, I only wish that all 19 of those who work in state government 20 approached it with the enthusiasm and 21 excitement as you have this position. 22 As my colleagues have said, you 23 know, and others, I sat through both the 24 Insurance Committee and the Finance Committee, 25 listened to the comments made from both sides

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(518) 371-8910 1 of the aisle. They talked about not only his 2 dedication, his commitment, his responsiveness 3 to the consumer, his responsiveness to 4 colleagues here, but also the fact that he has 5 a tremendous grasp of the issues and he's done 6 it so quickly. 7 Unfortunately, there are people in 8 the media who from time to time think because 9 if one holds elective office, they're not 10 qualified to do anything else. Howard, thank 11 you for proving that wrong. And there's hope 12 for the rest of us someday. 13 (Laughter.) 14 SENATOR LIBOUS: But I just want 15 to say to the Governor's choice here, it is 16 outstanding. 17 And I know that next week Howard 18 will be joining me in Binghamton, and I will 19 be very proud to introduce you as the new 20 Superintendent of the Insurance Department. 21 THE PRESIDENT: Senator Nozzolio. 22 SENATOR NOZZOLIO: Thank you, 23 Madam President. 24 I rise to associate myself with all 25 the fine comments made this morning about the

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(518) 371-8910 1 new Superintendent of Insurance, a former 2 colleague of ours, one who served with great 3 distinction in the New York Assembly. 4 I've gotten to know him through the 5 years and am extremely impressed with his 6 energy, his ability to articulate and 7 understand important and complex issues, his 8 desire to expand business in New York and grow 9 jobs at the same time, though ideally suited 10 for this position because he understands the 11 need of New York consumers. 12 Howard Mills is an excellent 13 choice. I praise Governor Pataki for making 14 it. I'm very pleased with all the bipartisan 15 great comments made about him. An excellent 16 appointment, one I know we'll all be proud of 17 in this new capacity. 18 I'm proud to know him proud, to be 19 his friend, and, Madam President, look forward 20 to casting this vote in unanimous support of 21 his candidacy. 22 Thank you. 23 THE PRESIDENT: Senator Farley. 24 SENATOR FARLEY: Thank you, Madam 25 President.

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(518) 371-8910 1 Senator Seward has given me 2 permission to speak about the Insurance 3 Superintendent. 4 (Laughter.) 5 SENATOR FARLEY: But let me just 6 say that Howard Mills, I got to know him 7 mostly as he was going around the state 8 running in a very difficult race. He was 9 enthusiastic. He never lost focus. Everybody 10 that heard him speak thought he was one of the 11 finest speakers that had ever come to some of 12 my counties. 13 You know, it was interesting to 14 watch this young man as he came into the 15 Assembly and he rose in leadership like a 16 rocket because of how he is respected by his 17 colleagues. 18 You're taking on one of the most 19 difficult jobs in government, in my judgment, 20 in the Insurance Department. And as 21 superintendent, there's been a lot of problems 22 and so forth in the insurance area. But I'm 23 confident that the Governor has made a 24 terrific appointment in this rising star. 25 And we haven't heard the last from

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(518) 371-8910 1 him. He's coming on to do a lot of great 2 things in the future. 3 Howard, we're very proud of you. 4 Congratulations to you and your family on this 5 appointment. 6 THE PRESIDENT: Senator 7 DeFrancisco. 8 SENATOR DeFRANCISCO: Thank you, 9 Madam President. 10 I don't want to repeat my remarks 11 that I made in the Finance Committee. But -- 12 and I wish I could quote the quote from 13 Theodore Roosevelt. 14 I'll just say this, that Acting 15 Superintendent Mills has been extremely 16 responsive to the letters that I sent him on 17 behalf of my constituents, and I'm sure that 18 will continue. 19 I'm also extremely confident that 20 he will hear those remarks of then Governor 21 Roosevelt ringing in his ears every time he's 22 doing something on behalf of consumers in the 23 state. I'm certain, based upon his sense of 24 fairness, that he will protect the consumers 25 of our state and make sure that the Insurance

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(518) 371-8910 1 Department works for all in the State of 2 New York. 3 I'm very, very happy to rise in 4 support of his nomination. 5 THE PRESIDENT: Senator 6 Stachowski. 7 SENATOR STACHOWSKI: Madam 8 President, I too am thrilled to stand up and 9 second the nomination of Howard Mills. 10 I think that he made a great 11 presentation in both committees, of which I 12 sit on. And Senator Larkin is absolutely 13 correct, he is a quick learner. Because he 14 was not nearly as lengthy in Finance as he was 15 in Insurance, so that everybody was much more 16 happy with him. 17 (Laughter.) 18 SENATOR STACHOWSKI: And the fact 19 is, he showed a great depth of knowledge and 20 an awareness of problems that people have with 21 constituents. And so that the openness that 22 we think we'll have with his office that we 23 usually didn't have before is going to be a 24 nice breath of fresh air. 25 And I'm sure he's going to go a

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(518) 371-8910 1 great job, and I congratulate the Governor on 2 this appointment. 3 THE PRESIDENT: Senator Young. 4 SENATOR YOUNG: Thank you very 5 much. 6 And I'm just so proud today to rise 7 in support of my former colleague Howard 8 Mills. 9 Howard and I were first elected in 10 1998 to the New York State Assembly together, 11 and so we were classmates. And I know 12 firsthand all of the wonderful work that 13 Mr. Mills was able to accomplish in the State 14 Assembly. He truly was a leader there. He 15 worked very, very hard. He did an excellent 16 job. 17 And his energy, enthusiasm, ability 18 to get things done really is a tremendous 19 asset to the people of New York State. I'm so 20 glad that he's going to be serving in his new 21 capacity, because he will do a very fine job. 22 So I commend Mr. Mills and really 23 look forward to working with him in a new 24 capacity. 25 Erin, hello, it's great to see you.

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(518) 371-8910 1 Mr. and Mrs. Mills, it's great to see you too. 2 But I'm just so proud today of what 3 he's been able to accomplish and the fact that 4 he will be serving in this new capacity for 5 the people of New York State. 6 THE PRESIDENT: Senator Meier. 7 SENATOR MEIER: Thank you, Madam 8 President. 9 Howard, I'm really glad that Erin 10 and your parents are here because they can 11 hear firsthand that you are that rarest of a 12 breed in Albany, and that is a person about 13 which no one has anything bad to say. 14 And if you listen to the consistent 15 theme in all of these remarks here today, they 16 talk about your hard work, your integrity, 17 your refusal to back down in the face of 18 difficult challenges, a realization that runs 19 through your entire public career that our 20 jobs are not about us but about the people who 21 expect us to serve them. 22 You give public service a good 23 name, and Governor Pataki has given public 24 service a good name by appointing you 25 Superintendent of Insurance.

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(518) 371-8910 1 Best wishes with your duties. 2 THE PRESIDENT: Senator Leibell. 3 SENATOR LEIBELL: Thank you, 4 Madam President. 5 And, Howard, I want to echo the 6 comments that all of our colleagues have made 7 here in a bipartisan fashion. 8 You are taking over one of the most 9 difficult and complex assignments we have in 10 state government. And I want to congratulate 11 Governor Pataki on submitting your name. 12 I've had the chance to work with 13 you over many years now, certainly as a member 14 of the State Legislature and now as the acting 15 superintendent and soon to be superintendent. 16 You have done a tremendous job. You are more 17 than a quick study. You have taken, as I 18 said, one of our most complex and difficult 19 areas and have mastered it. 20 So I look forward to working with 21 you. I congratulate you for all your hard 22 work. And as a son of the Hudson Valley, you 23 know we're all proud of you. 24 THE PRESIDENT: Senator Skelos. 25 SENATOR SKELOS: Thank you, Madam

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(518) 371-8910 1 President. 2 Howard, I want to wish my best of 3 luck to you, on behalf of myself but also on 4 behalf of Senator Bruno, who unfortunately 5 cannot be in the chamber right now. 6 This is a great appointment. But I 7 think what's significant about it from a 8 member's point of view, you've been there. 9 You've served in the Assembly, you understand 10 the pressures that we are put under, the needs 11 that we have as individual legislators to 12 serve our constituents. 13 And I think that's a very positive 14 note in your appointment, that you understand 15 the legislative process. You're going to 16 fully understand, as obviously you do already, 17 the importance of your office. 18 I think the Governor has made just 19 an absolutely excellent, excellent 20 appointment. I know that Senator Bruno feels 21 that way, all of our colleagues on a 22 bipartisan basis. 23 So I can congratulate you and Erin. 24 And of course I know how proud your parents 25 are. And I see your father looking over

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(518) 371-8910 1 there; we can see where you get your good 2 looks from. 3 (Laughter.) 4 THE PRESIDENT: Thank you, 5 Senator Skelos. 6 Superintendent Mills is here this 7 morning with his wife, Erin, and with his 8 mother and father, Howard and Pat. 9 Best wishes to you, Howard, as my 10 friend and colleague. And I've seen your 11 excellence, your dedication in all the 12 challenges you've had thus far. There's no 13 question the Governor made the right choice. 14 And you will also achieve excellence in your 15 new job. 16 The question now is on the 17 resolution. All in favor please signify by 18 saying aye. 19 (Response of "Aye.") 20 THE PRESIDENT: Opposed, nay. 21 (No response.) 22 THE PRESIDENT: The nominee is 23 hereby confirmed. Congratulations and best 24 wishes, Superintendent Mills. 25 (Applause.)

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(518) 371-8910 1 THE PRESIDENT: Senator Skelos. 2 SENATOR SKELOS: Madam President, 3 there's a Resolution 1940 at the desk by 4 Senator Sampson. Could we have the title read 5 and move for its immediate adoption. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: By Senator 9 Sampson, Legislative Resolution Number 1940, 10 commemorating the 159th Anniversary of Saint 11 Paul's United Methodist Church, to be 12 celebrated on May 22, 2005. 13 THE PRESIDENT: On the 14 resolution, all in favor please signify by 15 saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (No response.) 19 THE PRESIDENT: The resolution is 20 adopted. 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 there's a Resolution 1941 at the desk by 24 Senator Leibell. Could we have the title read 25 and move for its immediate adoption.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: By Senator 4 Leibell, Legislative Resolution Number 1941, 5 honoring Barbara Mullaney upon the occasion of 6 her retirement after 30 distinguished years as 7 an educator. 8 THE PRESIDENT: Senator Skelos. 9 SENATOR SKELOS: Move to adopt 10 the resolution. 11 THE PRESIDENT: On the 12 resolution, all in favor please signify by 13 saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The resolution is 18 adopted. 19 Senator Skelos. 20 SENATOR SKELOS: If we could go 21 to the noncontroversial reading of the 22 calendar. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 222, by Senator LaValle, Senate Print 30A, an 2 act relating to contracts for education. 3 SENATOR LaVALLE: Lay it aside 4 for the day. 5 THE PRESIDENT: The bill is laid 6 aside for the day. 7 THE SECRETARY: Calendar Number 8 296, by Senator Farley, Senate Print 2856, an 9 act to amend the Banking Law, in relation to 10 unauthorized entities. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 5. This 14 act shall take effect on the 30th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 297, by Senator Farley, Senate Print 2857, an 22 act to amend the Banking Law, in relation to 23 the powers of banks. 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 immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 307, by Senator Maziarz, Senate Print 211A, an 10 act to amend the Real Property Law, in 11 relation to requiring. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 120th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 308, by Senator Nozzolio, Senate Print 506, an 23 act to amend the Public Housing Law, in 24 relation to the members of the Geneva Housing 25 Authority.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 56. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 377, by Senator Fuschillo, Senate Print 1430B, 12 an act to authorize the French-Speaking 13 Baptist Church. 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 SECRETARY: Ayes, 55. Nays, 21 1. Senator Bonacic recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 430, by Senator Wright, Senate Print 2978A, an

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(518) 371-8910 1 act in relation to transportation contracts. 2 THE PRESIDENT: There is a local 3 fiscal impact note at the desk. 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 56. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 485, by Senator Hannon, Senate Print 2563, an 14 act to amend the Vehicle and Traffic Law, in 15 relation to persons authorized. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Senator Duane, to 23 explain your vote. 24 SENATOR DUANE: Yes, Madam 25 President.

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(518) 371-8910 1 This bill deals with the drawing of 2 blood. And I know that for some, that's a 3 very scary thing to address. You know, not so 4 much in this body anymore, but, tragically, in 5 the other house, where my friends in the 6 Assembly and people who work over there don't 7 really seem to understand how it is that HIV 8 is contracted. 9 Because it's not easy to contract 10 HIV. In fact, it's close to impossible to get 11 HIV during the normal course of action during 12 employment. 13 The New York State Department of 14 Health Regulation 6310 states that there are 15 three factors necessary to create a 16 significant risk of contracting or 17 transmitting HIV infection. They are: The 18 presence of significant risk body substance; a 19 circumstance which constitutes significant 20 risk for transmitting or contracting HIV 21 infection; and the presence of an infectious 22 source and a noninfected person. 23 "Significant risk body substances" 24 are blood, semen, vaginal secretions, breast 25 milk, tissue and the following body fluids:

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(518) 371-8910 1 Cerebrospinal, amniotic, peritoneal, synovial, 2 pericardial, and pleural. 3 Circumstances which constitute -- 4 these are the circumstances which constitute 5 "significant risk of transmitting or 6 contracting HIV infection": Sexual 7 intercourse -- that is, vaginal, anal, oral -- 8 which exposes a noninfected individual to 9 blood, semen or vaginal secretions of an 10 infected individual; sharing of needles and 11 other paraphernalia used for preparing and 12 injecting drugs between infected and 13 noninfected individuals; the gestation, 14 birthing or breast-feeding of an infant when 15 the mother is infected with HIV; transfusion 16 or transplantation of blood, organs or other 17 tissues from an infected to an uninfected 18 individual, provided such blood, organs or 19 other tissues have not tested conclusively for 20 antibody or antigen and not been rendered 21 noninfective by heat or chemical treatment; 22 other circumstances during which a significant 23 risk body substance (other than breast milk) 24 of an infected individual contacts mucous 25 membranes -- that is, in the eyes, nose or

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(518) 371-8910 1 mouth -- nonintact skin (for instance, open 2 wounds, skin with a dermatitis condition, 3 abraded areas), or the vascular system of a 4 noninfected person. Such circumstances 5 include but are not limited to needlestick or 6 puncture wound injuries and direct saturation 7 or permeation of these body surfaces by the 8 infectious body substance. 9 Circumstances that involve 10 "significant risk" shall not include -- so the 11 following are not significant risk -- exposure 12 to urine, feces, sputum, nasal secretions, 13 saliva, sweat, tears or vomitus that does not 14 contain blood that is visible to the naked 15 eye; human bites where there is no direct 16 blood-to-blood or blood-to-mucous-membrane 17 contact; exposure of intact skin to blood or 18 any other body substance; or occupational 19 settings where individuals use scientifically 20 accepted barrier techniques and preventive 21 practices in circumstances which would 22 otherwise pose a significant risk and such 23 barriers are not breached and remain intact. 24 You know, I am constantly amazed 25 that in this day and age -- what is it now,

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(518) 371-8910 1 more than 20 years into the AIDS crisis -- 2 that there are people, and I'm talking 3 predominantly about the other house or 4 their -- or other people who work over there, 5 who would put forward the impression that you 6 could get HIV-infected by casual contact. 7 I'm going to vote yes on this bill, 8 Madam President, in the hopes that there's 9 some education which has taken place in the 10 Capitol today. 11 Thank you, Madam President. 12 THE PRESIDENT: You will be so 13 recorded as voting in the affirmative. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Ayes, 56. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 512, by Senator Winner, Senate Print 3222, an 21 act to amend the Tax Law, in relation to the 22 imposition of sales and compensating use 23 taxes. 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 immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 584, by Senator Padavan, Senate Print 3485, an 10 act to amend the Private Housing Finance Law, 11 in relation to rehabilitation loans. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 586, by Senator Bonacic, Senate Print 4062, an 23 act to amend the Private Housing Finance Law, 24 in relation to the farmworker housing. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 591, by Senator DeFrancisco, Senate Print 46, 11 an act to amend the Real Property Law, in 12 relation to real estate brokers. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 56. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 635, by Senator Leibell, Senate Print 2233A, 24 an act to amend the Highway Law, in relation 25 to the designation of the Hudson Valley

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(518) 371-8910 1 POW/MIA Memorial Highway. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 689, by Senator Larkin, Senate Print 1397A, an 13 act to amend the Agriculture and Markets Law, 14 in relation to including fermented 15 agricultural products. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 13. This 19 act shall take effect on the 180th day. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 55. Nays, 23 1. Senator Padavan recorded in the negative. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 718, by Senator Farley, Senate Print 2159, an 3 act to amend the Civil Rights Law, in relation 4 to the confidentiality of certain personnel 5 records. 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, 54. Nays, 13 2. Senators DeFrancisco and Duane recorded in 14 the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 725, by Senator Golden, Senate Print 3433 -- 19 SENATOR ONORATO: Lay the bill 20 aside. 21 THE PRESIDENT: The bill is laid 22 aside. 23 SENATOR SKELOS: Lay it aside for 24 the day, please. 25 THE PRESIDENT: The bill is laid

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(518) 371-8910 1 aside for the day. 2 THE SECRETARY: Calendar Number 3 744, by Senator Little, Senate Print 3842, an 4 act to authorize the Town of Burke, in the 5 County of Franklin, to increase the amount of 6 the veterans real property tax exemption. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 836, by Senator Skelos, Senate Print 4361, an 18 act to amend Chapter 318 of the Laws of 2004 19 authorizing a certain joint venture. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. 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, 56. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 841, by Senator LaValle, Senate Print 684, an 6 act to amend the Education Law, in relation to 7 due process requirements. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 56. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 932, by Member of the Assembly Tokasz, 19 Assembly Print Number 876, an act to amend the 20 Local Finance Law, in relation to financing 21 demolition. 22 THE PRESIDENT: Read the last 23 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, 56. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 933, by Senator Morahan, Senate Print 844, an 8 act to authorize the County of Rockland. 9 THE PRESIDENT: There is a 10 home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 56. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 965, by Member of the Assembly Cahill, 21 Assembly Print Number 7625A, an act to enact 22 the "Flood Assessment Relief Act of 2005." 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 SECRETARY: Those recorded in 5 the negative on Calendar Number 965 are 6 Senators DeFrancisco and Marcellino. 7 Ayes, 54. Nays, 2. 8 THE PRESIDENT: The bill is 9 passed. 10 Senator Skelos, that completes the 11 reading of the calendar. 12 SENATOR SKELOS: Thank you, Madam 13 President. 14 If we could return to motions and 15 resolutions, I believe there's a resolution at 16 the desk by Senator Larkin. Could we have the 17 title read and move for its immediate 18 adoption. 19 THE PRESIDENT: Motions and 20 resolutions. 21 The Secretary will read. 22 THE SECRETARY: By Senator 23 Larkin, Legislative Resolution Number 1942, 24 commemorating the 115th Anniversary of Saint 25 Cabrini Home in West Park, New York, to be

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(518) 371-8910 1 celebrated on May 20 and 22, 2005. 2 THE PRESIDENT: On the 3 resolution, all in favor please signify by 4 saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The resolution is 9 adopted. 10 Senator Skelos. 11 SENATOR SKELOS: Is there any 12 further business to come before the Senate? 13 THE PRESIDENT: No, there is not. 14 SENATOR SKELOS: There being no 15 further business, I move we stand adjourned 16 until Monday, May 23rd, at 3:00 p.m., 17 intervening days being legislative days. 18 THE PRESIDENT: Upon motion, the 19 Senate now stands adjourned until Monday, 20 May 23rd, 3:00 p.m., intervening days being 21 legislative days. 22 (Whereupon, at 11:51 a.m., the 23 Senate adjourned.) 24 25

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(518) 371-8910