Friday, June 24, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 24, 2005 11 9:33 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 ACTING PRESIDENT MEIER: The 3 Senate will come to order. 4 May I ask everyone present to 5 please rise and join me in the Pledge of 6 Allegiance to the Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MEIER: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MEIER: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Thursday, June 23, the Senate met pursuant to 18 adjournment. The Journal of Wednesday, 19 June 22, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT MEIER: 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 The Secretary will read the 8 substitutions. 9 THE SECRETARY: On page 41, 10 Senator Oppenheimer moves to discharge, from 11 the Committee on Rules, Assembly Bill Number 12 8632 and substitute it for the identical 13 Senate Bill Number 5492, Third Reading 14 Calendar 1935. 15 On page 41, Senator Bruno moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 8792 and substitute it 18 for the identical Senate Bill Number 5671, 19 Third Reading Calendar 1936. 20 And on page 41, Senator Morahan 21 moves to discharge, from the Committee on 22 Rules, Assembly Bill Number 8929 and 23 substitute it for the identical Senate Bill 24 Number 5821, Third Reading Calendar 1937. 25 ACTING PRESIDENT MEIER:

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(518) 371-8910 1 Substitutions ordered. 2 Senator Farley. 3 SENATOR FARLEY: This is a tough 4 order here. There's a lot of things to do. 5 This is an Assembly bill that we're going to 6 vote to reconsider, recommit, and the Senate 7 bill will be restored. 8 Mr. President, I wish to call up 9 Calendar Number 992, Assembly Print 5767. 10 ACTING PRESIDENT MEIER: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 992, by Member of the Assembly Towns, Assembly 14 Print Number 5767, an act to amend the Tax 15 Law. 16 SENATOR FARLEY: I now move to 17 reconsider the vote by which this Assembly 18 bill was substituted for Senator Larkin's 19 bill, Senate Print 444, on 6/21. 20 ACTING PRESIDENT MEIER: Call the 21 roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 37. 24 ACTING PRESIDENT MEIER: Senator 25 Farley.

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(518) 371-8910 1 SENATOR FARLEY: Mr. President, I 2 now move that the Assembly Bill 5767 be 3 readmitted to the Committee on Rules and that 4 Senator Larkin's Senate bill be restored to 5 the order of Third Reading Calendar. 6 ACTING PRESIDENT MEIER: So 7 ordered. 8 SENATOR FARLEY: And I now offer 9 the following amendments. 10 ACTING PRESIDENT MEIER: The 11 amendments are received and adopted. 12 SENATOR FARLEY: Thank you, Mr. 13 President. 14 ACTING PRESIDENT MEIER: Thank 15 you, Senator Farley. 16 Senator Bruno. 17 SENATOR BRUNO: Mr. President, 18 can we at this time take up the 19 noncontroversial reading of the calendar. 20 ACTING PRESIDENT MEIER: The 21 Secretary will conduct the noncontroversial 22 reading of the calendar. 23 THE SECRETARY: Calendar Number 24 569, by Senator Little, Senate Print 2847A, an 25 act to amend the Real Property Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MEIER: Senator 9 Little, to explain her vote. 10 SENATOR LITTLE: Thank you, Mr. 11 President. I would just like to speak in 12 appreciation of this bill and to explain the 13 importance of this bill for the Adirondack 14 Park. 15 Everybody loves the Adirondack 16 Park, a 6-million-acre spread of beautiful 17 territory. And while I represent most of it, 18 several other senators here represent a 19 portion of it. 20 What this bill is trying to do is 21 to provide some type of tax incentive to 22 encourage people to build or buy a home in the 23 hamlet or moderate intensity area. And let me 24 tell you, what we're talking about here is a 25 6-million-acre park. The hamlet and moderate

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(518) 371-8910 1 intensity area comprises 155,383 acres of that 2 6-million-acre park. So we're not talking 3 about a lot of land. 4 But what we're finding is that the 5 growth in the Adirondack Park is stagnant. 6 There is declining enrollment in every one of 7 our schools. Second-home ownership is 8 increasing and actually, in some areas, 9 overcoming the permanent residents. So what 10 we're looking for here is to encourage people 11 to come and to live in the Adirondacks and to 12 contribute to the communities. 13 I thank our leader for this bill 14 and for all who have supported this bill, and 15 I certainly will be voting in favor of this 16 bill. 17 Thank you. 18 ACTING PRESIDENT MEIER: Senator 19 Little will be recorded in the affirmative. 20 Senator Farley, to explain his 21 vote. 22 SENATOR FARLEY: Yes, thank you, 23 Mr. President. 24 I rise in support of this, as 25 somebody that has a portion of the Adirondack

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(518) 371-8910 1 Park, and as somebody that grew up in the 2 hamlet of Indian Lake in Hamilton County, 3 which was in my Senate district for a number 4 of years. 5 The problems that exist in the 6 Adirondack area because of actually a 7 decreasing population, many times, of 8 permanent residents really raises havoc with 9 the school districts and so many other things. 10 And this is an excellent bill, and 11 I applaud the Majority Leader for making sure 12 that this happens for Senator Little, because 13 it's a serious problem. These people are 14 long-suffering up there and have a lot of 15 problems that really do not make the radar 16 screen. 17 And, Senator Little, this is an 18 excellent bill, and I vote aye. 19 ACTING PRESIDENT MEIER: Senator 20 Farley will be recorded in the affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes, 40. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 756, by Member of the Assembly Silver, 2 Assembly Print Number 7384A, an act to amend 3 the General City Law and the Administrative 4 Code of the City of New York. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 40. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1270, by Senator Saland, Senate Print 5047A, 17 an act to amend the Education Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 40.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1289, by Senator Morahan, Senate Print 5221, 5 an act to amend the Town Law. 6 ACTING PRESIDENT MEIER: Calendar 7 1289 will be laid aside temporarily, pending 8 receipt of an Assembly substitution. 9 THE SECRETARY: Calendar Number 10 1450, by Senator Johnson, Senate Print -- 11 SENATOR HASSELL-THOMPSON: Lay it 12 aside. 13 ACTING PRESIDENT MEIER: Lay the 14 bill aside. 15 SENATOR MORAHAN: Lay it aside 16 for the day. 17 ACTING PRESIDENT MEIER: Lay the 18 bill aside for the day. 19 THE SECRETARY: Calendar Number 20 1535, by Member of the Assembly McEneny, 21 Assembly Print Number 6207, an act to amend 22 the Tax Law. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 40. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1608, by the Assembly Committee on Rules, 10 Assembly Print Number 8769, an act to amend 11 the Tax Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 42; nays, 20 1. Senator Klein recorded in the negative. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1754 -- 25 SENATOR PADAVAN: Lay it aside

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(518) 371-8910 1 for the day, please. 2 ACTING PRESIDENT MEIER: Lay the 3 bill aside for the day. 4 THE SECRETARY: Calendar Number 5 1906, by the Senate Committee on Rules, Senate 6 Print Number 5900, an act to amend the 7 Education Law. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the same date and in 12 the same manner as a chapter of the Laws of 13 2005. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 43. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1932, by Senator Golden, Senate Print 5904, an 22 act to amend the Tax Law. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 7. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 43. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1935, substituted earlier today by Member of 10 the Assembly Latimer, Assembly Print Number 11 8632, an act to amend Chapter 390 of the Laws 12 of 1979. 13 ACTING PRESIDENT MEIER: There is 14 a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 43. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1936, substituted earlier today by the

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(518) 371-8910 1 Assembly Committee on Rules, Assembly Print 2 Number -- 3 ACTING PRESIDENT MEIER: Excuse 4 me. Just a second. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: -- Assembly Print 8 Number 8792, an act authorizing Lawrence 9 Gerson to file for retroactive membership. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 43. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1937, substituted earlier today by the 22 Assembly Committee on Rules, Assembly Print 23 Number 8929, an act to amend the Executive 24 Law. 25 ACTING PRESIDENT MEIER: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MEIER: Senator 8 Morahan, to explain his vote. 9 SENATOR MORAHAN: Thank you, 10 Mr. Chairman. 11 This Governor's -- excuse me. It's 12 early in the morning here. This Governor's 13 bill that addresses the needs of the State 14 Board of Elections is something that both 15 sides in the HAVA debate were really 16 stretching out for, to take away any imbalance 17 of authority, power or perceived balance of 18 power at the board between the two parties. 19 This now will create two cochairs, 20 as opposed to one, of the commission. It will 21 also appoint a name to create two co-executive 22 directors, one from each party, and it will 23 now create four-year terms, as opposed to 24 indefinite tenure for those directors. 25 And the appointment process, which

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(518) 371-8910 1 was another point of contention, has been 2 rearranged so that the leadership of the 3 Legislature have two appointments, one 4 Democrat -- between the Senate majority leader 5 and the minority leader in the Assembly, and 6 vice versa for the Democrat Party. 7 Currently, if they process names 8 and give their appointments, if the Governor 9 doesn't act, they just stay vacant. Under 10 this bill, after 30 days if the Governor fails 11 to act, the legislative leaders can request a 12 resubmission or appoint that person on their 13 own. 14 So I think it's a good bill. It 15 brings fairness to the Board of Elections. It 16 allows boards of elections around the state to 17 have more confidence in the rulings of the 18 commission and of the directors. So I think 19 it's a good bill that clears the air and 20 really has paved the way for the HAVA reforms. 21 Thank you, Mr. Chairman. 22 ACTING PRESIDENT MEIER: Senator 23 Morahan will be recorded in the affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 47.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1938, by the Senate Committee on Rules, Senate 5 Print 5874, an act to amend the Tax Law. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 SENATOR LIZ KRUEGER: Lay it 9 aside, please. 10 ACTING PRESIDENT MEIER: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 1939, by the Senate -- 14 SENATOR LIZ KRUEGER: Lay it 15 aside. 16 ACTING PRESIDENT MEIER: Lay the 17 bill aside. 18 Senator Bruno. 19 SENATOR BRUNO: Mr. President, 20 can we go to the supplemental active list and 21 take up Calendar Number 1837. 22 ACTING PRESIDENT MEIER: The 23 Secretary will read Calendar 1837 on the 24 supplemental active list. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1837, by Senator Johnson, Senate Print 5787A, 2 an act to amend the Public Authorities Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 12. 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, 47. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 Senator Bruno. 14 SENATOR BRUNO: Mr. President, 15 can I ask for an immediate meeting of the 16 Rules Committee in the Majority Conference 17 Room. 18 ACTING PRESIDENT MEIER: 19 Immediate meeting of the Rules Committee in 20 the Majority Conference Room. 21 SENATOR BRUNO: And the Senate 22 will stand at ease for the number of minutes 23 that it takes. 24 ACTING PRESIDENT MEIER: The 25 Senate will stand at ease pending the report

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(518) 371-8910 1 of the Rules Committee. 2 (Whereupon, the Senate stood at 3 ease at 9:51 a.m.) 4 (Whereupon, the Senate reconvened 5 at 10:01 a.m.) 6 ACTING PRESIDENT MEIER: Senator 7 Bruno. 8 SENATOR BRUNO: Thank you, Mr. 9 President. Can we return at this time to the 10 reports of standing committees. And I would 11 ask for the report of the Rules Committee to 12 be read. 13 ACTING PRESIDENT MEIER: Reports 14 of standing committees. 15 The Secretary will read. 16 THE SECRETARY: Senator Bruno, 17 from the Committee on Rules, reports the 18 following bills: 19 Assembly Print Number 6266, by 20 Member of the Assembly Gottfried, an act to 21 amend the Public Authorities Law; 22 Senate Print 5102, by Senator 23 Leibell, an act to amend the Public 24 Authorities Law; 25 5283, by Senator Oppenheimer, an

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(518) 371-8910 1 act authorizing; 2 5663, by Senator Padavan, an act to 3 amend the Tax Law; 4 5862, by Senator Libous, an act to 5 amend Chapter 824 of the Laws of 1968; 6 5869, by the Senate Committee on 7 Rules, an act authorizing; 8 5891, by Senator Golden, an act to 9 amend the Real Property Tax Law; 10 5921, by Senator Nozzolio, an act 11 to amend the Social Services Law and others; 12 5923, by Senator Larkin, an act to 13 amend the Racing, Pari-Mutuel Wagering and 14 Breeding Law; 15 And Senate Print 5925, by Senator 16 Winner, an act to amend the Alcoholic Beverage 17 Control Law. 18 All bills ordered direct to third 19 reading. 20 THE PRESIDENT: All bills ordered 21 direct to third reading. 22 Senator Bruno. 23 SENATOR BRUNO: I move, Madam 24 President, to accept the report of the Rules 25 Committee.

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(518) 371-8910 1 THE PRESIDENT: All in favor of 2 accepting the report of the Rules Committee 3 please signify by saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The Rules 8 Committee report is accepted. 9 Senator Bruno. 10 SENATOR BRUNO: Madam President, 11 can we at this time return to Calendar 1450, 12 which was laid aside in error. And we'd like 13 to take it up at this time. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: Calendar Number 17 1450, by Senator Johnson, Senate Print 5517A, 18 an act to amend the Vehicle and Traffic Law. 19 THE PRESIDENT: Senator Bruno. 20 SENATOR BRUNO: Can we read the 21 last section. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 4. 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: Those recorded in 4 the negative on Calendar Number 1450 are 5 Senators Brown, DeFrancisco, Duane, 6 L. Krueger, C. Kruger, Leibell, Marcellino, 7 Oppenheimer, Rath, Sabini, Saland, Serrano, 8 Stachowski, Stavisky, Valesky and Wright. 9 Also Senator Morahan. 10 Ayes, 37. Nays, 17. 11 THE PRESIDENT: The bill is 12 passed. 13 Senator Bruno. 14 SENATOR BRUNO: Madam President, 15 can we return to Calendar 1289. I believe a 16 substitution has arrived at the desk. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: In relation to 20 Calendar Number 1289, Senator Morahan moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 5932 and substitute it 23 for the identical Senate Bill Number 5221, 24 Third Reading Calendar 1289. 25 THE PRESIDENT: Substitution

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(518) 371-8910 1 ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1289, by Member of the Assembly Rabbitt, 5 Assembly Print Number 5932, an act to amend 6 the Town Law. 7 THE PRESIDENT: There is a 8 home-rule message at the desk. 9 Read the last 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, 54. 15 THE PRESIDENT: The bill is 16 passed. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 can we call up Calendar Number 1940. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Calendar Number 23 1940, by Senator Winner, Senate Print 5918, an 24 act to amend the State Finance Law. 25 THE PRESIDENT: Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Madam President, 2 is there a message of necessity at the desk? 3 THE PRESIDENT: Yes, there is, 4 Senator. 5 SENATOR BRUNO: I would move we 6 accept the message. 7 THE PRESIDENT: All in favor of 8 accepting the message of necessity please 9 signify by saying aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The message is 14 accepted. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the same date and in 18 the same manner as a chapter of the Laws of 19 2005. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 54. 23 THE PRESIDENT: The bill is 24 passed. 25 Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Madam President, 2 can we take up Calendar Number 1942. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: Calendar Number 6 1942, by Senator Nozzolio, Senate Print 5920, 7 an act to amend the Penal Law. 8 SENATOR BRUNO: Is there a 9 message of necessity at the desk? 10 THE PRESIDENT: Yes, there is, 11 Senator. 12 SENATOR BRUNO: Move we accept 13 the message. 14 THE PRESIDENT: All in favor of 15 accepting the message of necessity please 16 signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The message is 21 accepted. 22 Read the last section. 23 THE SECRETARY: Section 13. This 24 act shall take effect on the 60th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: Senator Nozzolio, 3 to explain your vote. 4 SENATOR NOZZOLIO: Thank you, 5 Madam President. 6 Madam President and my colleagues, 7 the production and distribution of 8 methamphetamines, and particularly crystal 9 meth, the law enforcement officers and 10 prosecutors across this state and across this 11 nation say that that production is becoming 12 the fastest-growing drug crime in America. 13 That this measure goes a long way 14 to strengthen the laws of this state, which 15 have been woefully weak in providing tools to 16 prosecutors and law enforcement officials to 17 halt the production of crystal meth. 18 That we have seen in primarily 19 rural areas farmers have their anhydrous 20 ammonia stolen because it's a major product 21 that produces this drug. 22 I'm very pleased that my 23 colleagues, and particularly Senator Winner, 24 have taken a leadership role in strengthening 25 our laws to ensure that children and other

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(518) 371-8910 1 users of crystal meth will not have an 2 opportunity to see it produced and hopefully 3 sold in this state. 4 That we need to do much more to 5 strengthen our laws to prevent drug abuse. 6 But this measure goes a long way to make it a 7 reality that in New York State the production 8 of crystal meth will no longer be tolerated. 9 ACTING PRESIDENT MEIER: Senator 10 Winner, to explain his vote. 11 SENATOR WINNER: Thank you, Mr. 12 President. 13 I also thank Senator Nozzolio for 14 his leadership and Senator Bruno for his help 15 with regard to this important measure. 16 The welcome sign for 17 methamphetamine production in the Southern 18 Tier is finally taken down. We no longer will 19 have this scourge continuing to proliferate in 20 my area and in the Southern Tier and in other 21 rural areas of New York where the meth 22 production has been growing with a tremendous 23 amount of danger to the communities, danger to 24 the environment, danger to children and danger 25 to the state of New York as a whole for this

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(518) 371-8910 1 continuing production of this product and the 2 surrounding climate and the culture that it 3 encourages and is obviously a scourge on our 4 environment. 5 Ever since two deputies from 6 Bradford County, Pennsylvania, were killed in 7 a meth-related incident while attempting to 8 serve a search warrant, those states that have 9 heretofore had meth production have cracked 10 down on that activity and have resulted in 11 curtailing its production, and those producers 12 and manufacturers have moved northward into 13 the rural areas of New York. And now we have 14 closed the welcome sign to them, and that is 15 great news for this state. 16 So, Mr. President, I proudly vote 17 aye. 18 ACTING PRESIDENT MEIER: Senator 19 Winner will be recorded in the affirmative. 20 Senator Nozzolio also in the 21 affirmative. 22 Any other Senator wish to be 23 explain his vote? 24 Announce the results. 25 THE SECRETARY: Ayes, 54. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 Senator Spano. 5 SENATOR SPANO: Mr. President, I 6 was not in the chamber for Calendar 1450. Had 7 I been in the chamber, I would like the record 8 to reflect that I would have voted in the 9 negative on that bill. 10 ACTING PRESIDENT MEIER: The 11 record will so reflect, Senator. 12 SENATOR SPANO: Thank you. 13 ACTING PRESIDENT MEIER: Senator 14 Bruno. 15 SENATOR BRUNO: Mr. President, 16 can we at this time take up Calendar Number 17 1938. 18 ACTING PRESIDENT MEIER: The 19 Secretary will read Calendar 1938. 20 THE SECRETARY: Calendar Number 21 1938, by the Senate Committee on Rules, Senate 22 Print Number 5874, an act to amend the Tax 23 Law. 24 SENATOR LIZ KRUEGER: 25 Explanation.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: An 2 explanation has been requested of Calendar 3 1938 by Senator Krueger. 4 SENATOR BRUNO: Mr. President, 5 Senator, this legislation allows a partnership 6 and relates specifically to the City of 7 Rensselaer with a company called Besicorp that 8 is a recycling company for newspaper that will 9 be putting up a plant on the abandoned site 10 that you see over there, the BASF site, and 11 from the recycling create energy and 12 electricity that will be supplied to the 13 municipality. 14 It's gone through all the 15 environmental impact studies, through the 16 state agencies. Assemblyman Ron Canestrari, a 17 colleague of all of ours, is the sponsor in 18 the Assembly. And it's all been approved by 19 the council and the mayor there. And this has 20 been going on for a couple of years, and they 21 are now ready. 22 This allows the transferability of 23 traction credits for a partnership like the 24 one they have to create to initiate that 25 project, similar to what's in a C corporation

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(518) 371-8910 1 which takes place now. 2 Basically, that's the essence of 3 two bills, this one and its companion, that 4 are necessary to move this project forward. 5 ACTING PRESIDENT MEIER: Senator 6 Krueger. 7 SENATOR LIZ KRUEGER: Thank you. 8 If the sponsor would please yield. 9 ACTING PRESIDENT MEIER: Senator 10 Bruno, do you yield for a question? 11 SENATOR BRUNO: Thank you, Mr. 12 President. But I think I've told you all I 13 know about it. So don't me ask me anything 14 hard, please, Senator. 15 ACTING PRESIDENT MEIER: Senator 16 Krueger. 17 SENATOR LIZ KRUEGER: Thank you. 18 I appreciate the sponsor's willingness to 19 answer a few questions. 20 How much is the state expected to 21 distribute in tax credits to this corporation 22 for this plan? 23 SENATOR BRUNO: I think it's a 24 10 percent tax credit. And it's a -- whatever 25 the final numbers are in terms of the

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(518) 371-8910 1 investment is what will dictate what that is. 2 I might point out, Senator, that on 3 that site now is practically no revenue to the 4 school district, to the city, and they are one 5 of the most depressed cities in the whole 6 state. 7 This corporation will create 8 several hundred jobs, great productivity, and 9 pay estimates as high as $100 million over the 10 next ten years in school taxes and city taxes, 11 state taxes. 12 So it is the way to go and the 13 thing to do. 14 SENATOR LIZ KRUEGER: Thank you, 15 Mr. President. If the sponsor would yield for 16 one additional question, please. 17 ACTING PRESIDENT MEIER: Senator 18 Bruno, do you yield for a question? 19 SENATOR BRUNO: Sure. 20 ACTING PRESIDENT MEIER: The 21 sponsor yields. 22 SENATOR KRUEGER: As you 23 referenced in your explanation, there's 24 actually two bills on calendar today that 25 appear to be almost identical. Could you

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(518) 371-8910 1 explain the difference between the two for me? 2 SENATOR BRUNO: As clearly as I 3 can understand the explanation, if a partner 4 transfers -- and this helps create that 5 liquidity -- the obligations or the benefits 6 accrue to the remaining partners, and whatever 7 liability there is stays with the exiting. 8 SENATOR LIZ KRUEGER: Mr. 9 President, on the bill. 10 ACTING PRESIDENT MEIER: Senator 11 Liz Krueger, on the bill. 12 SENATOR LIZ KRUEGER: Thank you. 13 I appreciate the sponsor's answers. 14 I have more questions, but I think I can focus 15 on my concerns about both of the bills without 16 spending the time on the floor with a lot of 17 questions. 18 Yes, it's a large project. It's 19 been in the press throughout the Albany area 20 for several years. In fact, the Albany Times 21 Union on Sunday, June 12th, referenced that in 22 fact the Rensselaer County government had 23 agreed to PILOTs, payments in lieu of taxes, 24 over 20 years of $58.65 million, and the city 25 will receive an additional $15 million over

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(518) 371-8910 1 20 years as part of a host community benefit 2 project. 3 So I'm not sure it's $100 million 4 in taxes they'd be paying, because it looks 5 from here that over 20 years they'd be paying 6 $75 million, so over 10 years they'd be paying 7 half of that, just for the record. 8 PILOTs are a concern of mine. I've 9 spoken about them on the floor before. Empire 10 Zone credits and the Empire Zone program 11 continue to be a serious concern for me. The 12 reason that when I looked at these bills last 13 night and this morning I was concerned was we 14 didn't even know what corporation it was for 15 or where it was. It was clearly for a 16 specific corporation. I appreciate the 17 Senator going over the company and the project 18 in Rensselaer County, his home county. 19 It's my understanding that this 20 project is in an Empire Zone and even has its 21 own Empire Zone development company, Besicorp, 22 and that they are expected to get significant 23 tax credits through the EZ-ITC and the EZ-EIC 24 program. There are -- from their own 25 materials to investors, they project spending

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(518) 371-8910 1 $700 million on this project, which is 2 certainly always exciting with economic 3 development, in a community -- and of course 4 Senator Bruno is absolutely right, Rensselaer 5 County desperately needs new jobs and a 6 strengthened economy. So they're talking 7 about spending $700 million. But they're 8 also, I believe, anticipating over 9 $100 million in tax credits through the Empire 10 Zone program. 11 I believe there's also a 12 brownfields involved. One of the arguments, 13 pro and con, from the community's perspective 14 of this plan was that it would lead to some 15 cleanup of brownfields, but perhaps not enough 16 from the community's perspective. So we can 17 expect that they'll also be receiving some 18 brownfields funding, although that's not clear 19 in this bill or I don't believe it's part of 20 this bill. 21 So I have the overall concerns 22 about private corporations with PILOT deals, 23 how we operate Empire Zones and we don't hold 24 people accountable enough and we don't ask 25 enough questions and we don't get the data

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(518) 371-8910 1 back from Tax and Finance or the Urban 2 Development Corporation, Empire State 3 Development Corporation, as to how much 4 they're giving out, whether the jobs are being 5 created. From this company's own materials, 6 they anticipate 1,000 jobs for the 7 construction and then 200 jobs ongoing. 8 Now, my specific concern with these 9 bills is that what they both appear to do 10 specifically for this one company is to change 11 the recapture provisions so that, as Senator 12 Bruno explained in his answers to my 13 questions, if the investors or partners -- 14 because it's not a corporation but, rather, a 15 partnership -- if some of the partners -- and 16 it appears the partners are venture 17 capitalists, by and large -- want to move out 18 of the deal within the first few years, as 19 opposed to the 12-year requirement we place on 20 other Empire Zone companies, that they'll be 21 able to keep the tax credits even though they 22 left the deal. Their leaving the deal might 23 result in the company actually never 24 continuing, but they would have already gotten 25 the tax credits.

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(518) 371-8910 1 And when you build something new -- 2 $700 million, I believe, in construction -- 3 all the tax credits are front-loaded during 4 the construction process. So that 5 conceivably, under this law -- and I'm 6 certainly not saying that this would be the 7 intention of the company -- but conceivably, 8 under this law, most of the partners could 9 draw down the major tax credits from the State 10 of New York, then pull out of the business. 11 The business might not ever even make it. And 12 the people of New York State will have lost 13 both the opportunity for this program and lost 14 our tax credits. 15 And so I wish -- and we don't even 16 have memos for this bill, so I'm fairly sure I 17 won't get my wish for today -- I wish that we 18 had much more detailed analysis of how either 19 of these bills changes the formula for the tax 20 credits, how much it will cost the State of 21 New York, what kind of jobs are really assured 22 by this, whether there is a higher risk to the 23 state for the win through Empire Zones if you 24 change the recapture provisions, what the 25 equity question is when one company will get a

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(518) 371-8910 1 change in the rules under tax credits and 2 other companies won't, whether we should be 3 spending a little more time evaluating this 4 kind of proposal, given the fact that we do 5 have, I think on both sides, so many concerns 6 about the Empire Zone programs -- what they 7 have done, what they have not done -- the 8 pirating issues between counties and towns. 9 So I can't vote for this bill, 10 because there's clearly not enough information 11 to make me comfortable with changing state law 12 for one particular company, regardless of 13 where they are. And I hope that some of my 14 colleagues might agree that we should actually 15 have far more information and the public 16 should have more information before we move 17 forward with these kinds of arrangements. 18 I'll be voting no. 19 Thank you, Mr. President. 20 ACTING PRESIDENT MEIER: Any 21 other Senator wish to be heard on the bill? 22 Debate is closed, then. 23 The Secretary will sound the bell. 24 Read the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MEIER: Announce 6 the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1938 are 9 Senators Duane, L. Krueger, and Schneiderman. 10 Absent from voting: Senators 11 Fuschillo, Gonzalez, Montgomery and Sampson. 12 Ayes, 53. Nays, 3. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1939, by the Senate Committee on Rules, Senate 18 Print Number 5875, an act to amend the Tax 19 Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MEIER: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MEIER: Announce 3 the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1939 are 6 Senators Duane, L. Krueger, and Schneiderman. 7 Absent from voting: Fuschillo, 8 Gonzalez, Montgomery and Sampson. 9 Ayes, 53. Nays, 3. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 SENATOR BRUNO: Mr. President, 13 can we have the noncontroversial reading of 14 Supplemental Calendar A. 15 ACTING PRESIDENT MEIER: The 16 Secretary will conduct the noncontroversial 17 reading of Supplemental Calendar A. 18 THE SECRETARY: Calendar Number 19 1943, by Senator Leibell, Senate Print 5102, 20 an act to amend the Public Authorities Law. 21 ACTING PRESIDENT MEIER: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MEIER: Senator 4 Paterson, why do you rise? 5 SENATOR PATERSON: Mr. President, 6 I believe that Senator Bruno wanted to lay 7 that bill aside temporarily. 8 ACTING PRESIDENT MEIER: Lay the 9 bill aside temporarily. 10 Thank you, Senator Paterson, 11 because that gives me the opportunity to 12 explain to members that when you're talking, a 13 lot of people, including me, can't hear what's 14 going on. And it would expedite us all 15 getting out of here, unless you want to spend 16 a lot of quality time together today. So if 17 we could have order in the chamber, it would 18 be helpful. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: In relation to 22 Calendar Number 1944, Senator Oppenheimer 23 moves to discharge, from the Committee on 24 Rules, Assembly Bill Number 7923 and 25 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 5283, Third Reading Calendar 1944. 2 ACTING PRESIDENT MEIER: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1944, by Member of the Assembly Latimer, 7 Assembly Print Number 7923, an act authorizing 8 the Village of Port Chester. 9 ACTING PRESIDENT MEIER: There is 10 a home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: In relation to 21 Calendar Number 1945, Senator Padavan moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 8813 and substitute it 24 for the identical Senate Bill Number 5663, 25 Third Reading Calendar 1945.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: 2 Substitution ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1945, by the Assembly Committee on Rules, 6 Assembly Print Number 8813, an act to amend 7 the Tax Law. 8 ACTING PRESIDENT MEIER: There is 9 a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect September 1, 2005. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1947, Senator Bruno moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 8719A and substitute it 23 for the identical Senate Bill Number 5869, 24 Third Reading Calendar 1947. 25 ACTING PRESIDENT MEIER:

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(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1947, by the Assembly Committee on Rules, 5 Assembly Print Number 8719A, an act 6 authorizing the lease of lands. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MEIER: Senator 15 Stavisky, to explain her vote. 16 SENATOR STAVISKY: To explain my 17 vote, Mr. President. 18 While this bill lacks competitive 19 bidding for the release of this land, 20 nevertheless, there is a reverter clause so 21 that if the leased land is -- ceases to be 22 used for the purpose intended, it will 23 revert -- it will be null and void. 24 And for that reason, with that 25 protection, I vote aye.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Stavisky will be recorded in the affirmative. 3 Announce the results. 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1948, Senator Golden moves to 9 discharge, from the Committee -- 10 SENATOR PATERSON: Lay it aside. 11 ACTING PRESIDENT MEIER: Senator, 12 let's finish this substitution and then we'll 13 lay it aside, if that's acceptable. 14 The Secretary will read. 15 THE SECRETARY: In relation to 16 Calendar Number 1948, Senator Golden moves to 17 discharge, from the Committee on Aging, 18 Assembly Bill Number 1092A and substitute it 19 for the identical Senate Bill Number 5891, 20 Third Reading Calendar 1948. 21 ACTING PRESIDENT MEIER: 22 Substitution ordered. 23 Lay the bill aside. 24 THE SECRETARY: Calendar Number 25 1950, by Senator Larkin, Senate Print 5923, an

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(518) 371-8910 1 act to amend the Racing, Pari-Mutuel Wagering 2 and Breeding Law. 3 ACTING PRESIDENT MEIER: Senator 4 Bruno. 5 SENATOR BRUNO: Mr. President, is 6 there a message of necessity at the desk? 7 ACTING PRESIDENT MEIER: There 8 is, Senator. 9 SENATOR BRUNO: I would move we 10 accept the message. 11 ACTING PRESIDENT MEIER: All in 12 favor of accepting the message of necessity 13 say aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MEIER: Those 16 opposed, nay. 17 (No response.) 18 ACTING PRESIDENT MEIER: The 19 message is accepted. 20 The bill is before the house. 21 Read the last section. 22 THE SECRETARY: Section 7 -- 23 SENATOR PATERSON: Lay it aside, 24 please. 25 ACTING PRESIDENT MEIER: Lay the

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(518) 371-8910 1 bill aside. 2 THE SECRETARY: Calendar Number 3 1953, by Member of the Assembly Gottfried, 4 Assembly Print Number 6266, an act to amend 5 the Public Authorities Law. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 Senator Bruno. 17 SENATOR BRUNO: Mr. President, 18 can we go back to the original 19 noncontroversial calendar and take up 20 Calendar Number 1941. 21 ACTING PRESIDENT MEIER: The 22 Secretary will read Calendar 1941 on the 23 noncontroversial reading. 24 THE SECRETARY: Calendar Number 25 1941, by Senator Volker, Senate Print 5919, an

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(518) 371-8910 1 act to amend the Public Authorities Law. 2 ACTING PRESIDENT MEIER: Senator 3 Bruno. 4 SENATOR BRUNO: Mr. President, is 5 there a message of necessity at the desk? 6 ACTING PRESIDENT MEIER: There 7 is. 8 SENATOR BRUNO: Move we accept 9 the message. 10 ACTING PRESIDENT MEIER: All in 11 favor of accepting the message of necessity 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT MEIER: Those 15 opposed, nay. 16 (No response.) 17 ACTING PRESIDENT MEIER: The 18 message is accepted. 19 The bill is before the house. 20 Read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the same date and in 23 the same manner as a chapter of the Laws of 24 2005. 25 ACTING PRESIDENT MEIER: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MEIER: Senator 4 Volker, to explain his vote. 5 SENATOR VOLKER: I just want to 6 explain that this bill is a chapter amendment 7 to the Erie County fiscal control board that 8 we passed yesterday. And the amendments in 9 this bill were suggested by the comptroller 10 and the bond counsel because of the difficulty 11 that's going to be met in borrowing. 12 And this links it to a RAN and also 13 deficit borrowing and links it to the control 14 board, and will help in getting a very good 15 rate in borrowing for the County of Erie. And 16 it's a technical amendment. 17 I vote aye. 18 ACTING PRESIDENT MEIER: Senator 19 Volker will be recorded in the affirmative. 20 Announce the results. 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 Senator Bruno. 25 SENATOR BRUNO: Mr. President,

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(518) 371-8910 1 can we go back to Calendar Number 1948, which 2 was inadvertently laid aside. 3 ACTING PRESIDENT MEIER: The 4 Secretary will read Calendar 1948. 5 THE SECRETARY: Calendar Number 6 1948, substituted earlier today by Member of 7 the Assembly Stringer, Assembly Print Number 8 1092A, an act to amend the Real Property Tax 9 Law. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect in 90 days. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MEIER: Senator 18 Golden, to explain his vote. 19 SENATOR GOLDEN: Thank you, 20 Acting President. 21 I rise to say thank you to the body 22 here and to the Assembly for passing a SCRIE 23 bill that will be, for the first time, a 24 groundbreaking piece of legislation that will 25 work towards assisting our disabled and our

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(518) 371-8910 1 veterans and giving them benefits that they've 2 deserved over these many years. 3 This will be the first time this 4 SCRIE bill will give benefits to those of SSI 5 recipients, Social Security disability 6 insurance recipients, veterans' disability, 7 pensions of disability and compensation 8 benefits, and people who have SSI and for the 9 first time have changed their Medicaid buy-in 10 to begin their independent living. 11 If you have one dollar in any of 12 these grants, you will now be able to 13 participate in these SCRIE limitations. And 14 as you increase in income, your SCRIE 15 limitations will decrease. Persons living 16 alone of $17,004; persons living with others 17 of $15,468; couples living alone, $24,372; and 18 couples living with others but paying their 19 own expenses, $22,980. 20 It's the beginning. It's not a 21 perfect bill. But it is a bill that has been 22 long-awaited for here in the City of New York. 23 And we will work with the City of New York to 24 see what the SCRIE, which is -- about 25 37 percent of the elderly participate in

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(518) 371-8910 1 SCRIE, and we want to see if the numbers are 2 similar with the disabled. And if they are, 3 and the dollars add up, we will try to put 4 them into the regular SCRIE, which is this 5 year $24,000 for our seniors, which will go to 6 $25,000 next year and up to $29,000 over the 7 next five years. 8 So I thank my colleagues and the 9 Mayor of the City of New York for working with 10 us to put a bill together that makes sense for 11 our seniors, our disabled and our veterans. 12 And I vote aye. 13 ACTING PRESIDENT MEIER: Senator 14 Golden will be recorded in the affirmative. 15 Senator Stavisky, to explain her 16 vote. 17 SENATOR STAVISKY: I thank 18 Senator Golden for sponsoring this 19 legislation. 20 I've had a similar bill for -- from 21 the time I was first elected extending the 22 SCRIE benefits to the disabled. And in fact 23 my husband, who served in this chamber, had 24 the same bill going back from the time he 25 first started serving here.

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(518) 371-8910 1 So I'm delighted that -- sometimes 2 good ideas take a little longer, but I 3 congratulate Senator Golden. 4 Thank you. 5 ACTING PRESIDENT MEIER: Senator 6 Stavisky will be recorded in the affirmative. 7 Senator Liz Krueger, to explain her 8 vote. 9 SENATOR LIZ KRUEGER: Thank you. 10 I also rise to thank Senator Golden 11 for his work on this bill. It's not the 12 perfect bill, as he said. We had some other 13 ideas that the City of New York perhaps needs 14 to revisit for next year. 15 But speaking on behalf of people 16 who have come to my office who face eviction 17 and know where to go, who are disabled, who 18 are poor, this is such an important 19 breakthrough. 20 Prior to being a legislator, I had 21 run eviction prevention programs in the City 22 of New York, and I can assure this house that 23 implementation, which is step one -- the City 24 of New York still needs to implement this law 25 at the local level -- will mean that we have

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(518) 371-8910 1 fewer low-income disabled New Yorkers who lose 2 their affordable housing and end up in a 3 situation where truthfully not only do they 4 pay, but we all pay more for them as well. 5 So I'm delighted that this bill is 6 passing today. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MEIER: Senator 9 Krueger will be recorded in the affirmative. 10 Senator Duane, to explain his vote. 11 SENATOR DUANE: Thank you, Mr. 12 President. 13 I would like to commend the sponsor 14 for this giant step forward on a very 15 important issue. As many members in this 16 house know, I had a younger brother who was 17 disabled and active in the disability rights 18 community and whose birthday would have been 19 just last week. 20 And I also want to raise, in 21 memoriam, Dr. Freida Zames, who also recently 22 passed away, and this was an issue that she 23 also was passionate about. 24 And I would be honored to work with 25 the sponsor and with the city and with the

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(518) 371-8910 1 council as we work to implement this 2 legislation, to make it so that we have even 3 more tools to help persons with disabilities 4 live independently and as best as they 5 possibly can in our city. 6 Thank you, Mr. President. 7 ACTING PRESIDENT MEIER: Senator 8 Duane will be recorded in the affirmative. 9 Announce the results. 10 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 Senator Bruno. 14 SENATOR BRUNO: Mr. President, 15 can we at this time take up Calendar Number 16 1949. 17 ACTING PRESIDENT MEIER: The 18 Secretary will read Calendar 1949. 19 THE SECRETARY: Calendar Number 20 1949, by Senator Nozzolio, Senate Print 5921, 21 an act to amend the Social Services Law and 22 others. 23 ACTING PRESIDENT MEIER: Senator 24 Bruno. 25 SENATOR BRUNO: Is there a

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(518) 371-8910 1 message at the desk? 2 ACTING PRESIDENT MEIER: There 3 is. 4 SENATOR BRUNO: Move we accept 5 the message. 6 ACTING PRESIDENT MEIER: All in 7 favor of accepting the message of necessity 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MEIER: Those 11 opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MEIER: The 14 message is accepted. 15 The bill is before the house. 16 Read the last section. 17 THE SECRETARY: Section 10. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MEIER: Senator 23 Nozzolio, to explain his vote. 24 SENATOR NOZZOLIO: Thank you, Mr. 25 President.

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(518) 371-8910 1 It was just a few short weeks ago, 2 ladies and gentlemen, that the Comptroller of 3 the State of New York issued an audit that 4 showed nearly 200 Level 3 convicted sex 5 offenders in New York are receiving 6 taxpayer-funded Viagra. It's an outrage that 7 high-risk sex offenders are receiving sexual 8 performance enhance drugs at taxpayers' 9 expense. 10 The scars of the victims of sex 11 offenses never heal. Emotionally, they remain 12 scarred for their entire lives and the victims 13 are left to bear much pain and sorrow because 14 of these offenses. This Legislature has done 15 a great deal to enhance the notification 16 requirements, putting sex offenders on Megan's 17 Law registries, enhancing notification 18 procedures, ensuring that communities are 19 notified and have information about those 20 convicted sex offenders living within their 21 midst. 22 Isn't it ironic that up until this 23 legislation the State of New York was seeing 24 hard-earned taxpayers dollars used for 25 purposes that I believe we all agree on just

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(518) 371-8910 1 are so inappropriate. This state, any state 2 should not allow the perpetrators of these 3 terrible crimes to enhance their sexual 4 performed with taxpayer-financed drugs. 5 I want to thank Governor Pataki, 6 Senator Bruno, my colleague Senator Balboni 7 who all worked very hard to ensure that this 8 practice never happens again. I thank them; I 9 want to thank you, my colleagues, for your 10 support of this very important measure. 11 Thank you, Mr. President. 12 ACTING PRESIDENT MEIER: Senator 13 Nozzolio will be recorded in the affirmative. 14 Announce the results. 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 Senator Bruno. 19 SENATOR BRUNO: Can we at this 20 time return to motions and resolutions, 21 regarding Resolution Number 1924. 22 ACTING PRESIDENT MEIER: Motions 23 and resolutions. 24 First, Senator Young. 25 SENATOR YOUNG: Thank you, Mr.

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(518) 371-8910 1 President. I wish to call up my bill, 5567A, 2 recalled from the Assembly, which is now at 3 the desk. 4 ACTING PRESIDENT MEIER: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1924, by Senator Young, Senate Print 5567A, an 8 act to amend the Tax Law. 9 SENATOR YOUNG: Thank you, Mr. 10 President. I now move to reconsider the vote 11 by which the bill was passed. 12 ACTING PRESIDENT MEIER: Call the 13 roll on reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT MEIER: Senator 17 Young. 18 SENATOR YOUNG: Mr. President, I 19 would ask that the bill have its third reading 20 at this time. 21 ACTING PRESIDENT MEIER: So 22 ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1924, by Senator Young, Senate Print 5567A, an

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(518) 371-8910 1 act to amend the Tax Law. 2 SENATOR SPANO: Is there a 3 message of necessity at the desk? 4 ACTING PRESIDENT MEIER: There 5 is. 6 SENATOR SPANO: Move to accept. 7 ACTING PRESIDENT MEIER: All in 8 favor of accepting the message of necessity 9 signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MEIER: Those 12 opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MEIER: The 15 message is accepted. 16 The bill is before the house. 17 There is a local fiscal impact note 18 at the desk. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect January 1, 2006. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 Senator Libous. 4 SENATOR LIBOUS: Mr. President, 5 if we can go to the controversial reading of 6 Supplemental Calendar A and take up Number 7 1950, please. 8 ACTING PRESIDENT MEIER: The 9 Secretary will conduct the controversial 10 reading of Supplemental Calendar A, beginning 11 with Calendar 1950. 12 THE SECRETARY: Calendar Number 13 1950, by Senator Larkin, Senate Print 5923, an 14 act to amend the Racing, Pari-Mutuel Wagering 15 and Breeding Law. 16 SENATOR SABINI: Explanation. 17 ACTING PRESIDENT MEIER: Senator 18 Larkin, an explanation has been requested. 19 SENATOR LARKIN: Yes, Mr. 20 President. 21 Senator Sabini, as we talked a 22 little while ago, last year we had a bill at 23 this house that did major overhauls to the 24 racing industry as a whole and to the entire 25 aspect of the racing board, lottery division,

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(518) 371-8910 1 all. 2 This year the Governor has decided 3 to come down to us, and the biggest thing 4 we're looking for is an oversight board that 5 has some teeth in it. This bill will be an 6 oversight board consisting of five members 7 appointed by the Governor, one at the 8 recommendation of the Senate Majority Leader, 9 one at the recommendation of the Speaker. 10 A couple of things that are 11 important when you talk about the oversight 12 board. There's always been a question around 13 here of reform and conflicts of interest. 14 Nobody who has an appointment to any 15 association related to anything to do with the 16 industry of racing can be a member of this 17 advisory board. 18 The oversight board is going to be 19 responsible for making recommendations to the 20 trustees at NYRA concerning all aspects. If 21 they don't adopt the recommendations, they 22 have to set it in writing why they did not 23 adopt the recommendations of the oversight 24 board. 25 One of the other things that we

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(518) 371-8910 1 talked about was -- that's very important 2 right now is what happens to the contract 3 between NYRA and MGM. That contract is going 4 to be subject to the approval of the Division 5 of Lottery and also the oversight board 6 itself. 7 The board will also make 8 recommendations concerning the operating 9 expenditures. And it's very detailed in the 10 bill, as I know how much you know about the 11 industry; you've done a lot of research on it. 12 I think it's going to help us, in view of the 13 light of what the comptroller has just turned 14 up in his report and what my office and 15 members of the board of which you're on, the 16 Racing and Wagering Committee, we turned up 17 last year the same thing. 18 We talked here the other day about 19 the Breeders' Cup and how it will be. Well, 20 every fourth year we're going to get the 21 Breeders' Cup now. So we're putting it into 22 this so that the advisory board can look at 23 how much they need, why they need it and 24 everything else. 25 And last but not least, as you

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(518) 371-8910 1 remember, John, that there was a question 2 going on here about the OTBs. Do we have 3 everything we want here to assist the OTBs? 4 No. But, you know, I've always lived under 5 the assumption you get your nose under the 6 tent, you can spread that tent a little wider. 7 And I think that we collectively can work on 8 that to ensure it. 9 But I think the biggest thing in 10 here is going to be the oversight board and 11 that the lottery, not the Racing and Wagering 12 Board, will have some specific duties and 13 responsibilities. And I think it's going to 14 improve how we operate. 15 ACTING PRESIDENT MEIER: Senator 16 Sabini. 17 SENATOR SABINI: Mr. President, 18 if the sponsor would yield for a few 19 questions. 20 ACTING PRESIDENT MEIER: Senator 21 Larkin, do you yield? 22 SENATOR LARKIN: Yes, Mr. 23 President. 24 ACTING PRESIDENT MEIER: The 25 sponsor yields.

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(518) 371-8910 1 SENATOR SABINI: The sponsor 2 correctly outlines that last year we did an 3 overhaul of the racing industry. I guess this 4 is the overhaul of the overhaul. 5 It appoints a commission that you 6 mentioned that I note the minorities of both 7 houses don't have representatives on. But 8 there's mention in the bill of an special ad 9 hoc commission that comes into play later on 10 down the calendar. If the sponsor could 11 explain that commission and why it's needed. 12 SENATOR LARKIN: I'm sorry, I 13 can't hear you. 14 SENATOR SABINI: There's a 15 mention in the bill of a special ad hoc 16 committee that gets appointed after this 17 committee gets appointed if this committee 18 fails to do what it's supposed to do. 19 Can you explain why we need that? 20 SENATOR LARKIN: John, that's 21 going to pertain to the RFPs that are going to 22 go out, that ad hoc -- that's what that aspect 23 of it is. 24 SENATOR SABINI: If the sponsor 25 would continue to yield.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Larkin, do you continue to yield? 3 SENATOR LARKIN: Yes. 4 ACTING PRESIDENT MEIER: The 5 sponsor yields. 6 SENATOR SABINI: Who appoints the 7 ad hoc committee? 8 SENATOR LARKIN: The Governor 9 will. 10 SENATOR SABINI: Mr. President, 11 if the sponsor would continue to yield. 12 ACTING PRESIDENT MEIER: Senator 13 Larkin, do you yield? 14 SENATOR LARKIN: Yes. 15 ACTING PRESIDENT MEIER: The 16 sponsor yields. 17 SENATOR SABINI: So just let me 18 get this straight. The Governor appoints the 19 Racing and Wagering Commission. He'll have 20 appointment to the new oversight commission 21 over NYRA, which is another board. And then 22 if we have a problem later on down the track, 23 there will be another special committee 24 appointed by the Governor to oversee the board 25 that was appointed by the Governor now that's

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(518) 371-8910 1 somehow being overseen by the Racing and 2 Wagering Commission? 3 SENATOR LARKIN: If you read that 4 total package in there, that ad hoc is only 5 going to be responsible for the oversight of 6 the RFP. It will not have anything to do with 7 the other aspect of the advisory. 8 What the contention was is that 9 they wanted to ensure that the RFPs are 10 carried out as they should be. And that's 11 exactly what this is going to be. 12 SENATOR SABINI: Mr. President, 13 if the sponsor would continue to yield. 14 ACTING PRESIDENT MEIER: Senator 15 Larkin, do you yield? 16 SENATOR LARKIN: I'll yield for 17 one more. 18 ACTING PRESIDENT MEIER: The 19 sponsor yields. 20 SENATOR SABINI: In the eighth 21 paragraph of the first section of this bill on 22 page 2, it -- there's new verbiage that says 23 that if the franchise or license is revoked by 24 the Racing and Wagering Board -- assuming if 25 NYRA's franchise is revoked -- then,

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(518) 371-8910 1 notwithstanding any other provision of the law 2 to the contrary, such association shall 3 transfer to the nonprofit racing 4 association -- 5 SENATOR LARKIN: And the advisory 6 board will take over the responsibilities 7 until such time as there is a successor. 8 SENATOR SABINI: Right. But it 9 says it shall -- Mr. President, it says it 10 shall transfer title and interest held by such 11 association in all such facilities. 12 I'm wondering if the sponsor can 13 tell me, does that mean that NYRA owns the 14 tracks? 15 SENATOR LARKIN: NYRA has a 16 license. We give them the license. We can 17 also rescind the license. And what we're 18 saying here is that in the event that there's 19 no continuation to NYRA and that there isn't 20 something else, we'll be in a position so that 21 once the license is revoked, we won't have to 22 be worrying about it, we have the advisory 23 board that will take over that function. 24 That's what it says -- I don't know 25 what page you're reading, but it's in there.

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(518) 371-8910 1 SENATOR SABINI: Mr. President, 2 I'm reading from page 2 of the bill, the 3 eighth paragraph. And line 49 talks about -- 4 and it's old law -- "all right, title and 5 interest held by such association in all such 6 facilities." That, to me, means they own the 7 tracks. 8 SENATOR LARKIN: Well, I wasn't 9 there at the writing table. I was only there 10 at the discussion table. So let me just tell 11 you what it means. 12 It means that if you're on that 13 advisory board, and the comptroller and the 14 attorney general and the legislative body 15 believes that this is not in the best 16 interests of the people of the State of 17 New York, the advisory board -- that's why 18 it's a limited board, not a big 20-member 19 board like the trustees are -- it is a limited 20 board of five individuals who we hope will pay 21 attention to the business at hand and have no 22 other interest. 23 In the event that we don't take 24 that license to them and the terms that have 25 to be endured -- the transfer of the assets,

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(518) 371-8910 1 the responsibilities, the functions of the 2 track -- it says we'll have somebody there to 3 hold it until the advisory board puts out an 4 RFP for somebody else to come in and assume 5 responsibility for the operation of the track. 6 SENATOR SABINI: Thank you, Mr. 7 President. 8 SENATOR LARKIN: Thank you, sir. 9 ACTING PRESIDENT MEIER: Any 10 other Senator wish to be heard on the bill? 11 Senator Liz Krueger. 12 SENATOR LIZ KRUEGER: Thank you. 13 Well, I was confused and now I'm 14 more confused. This seems to be a bit of a 15 who's-on-first arrangement with boards 16 reporting to boards reporting to boards. But 17 the same people are nominating all the same 18 people to these boards, so I am confused why 19 we need more of them. 20 I think we need to fix the NYRA 21 situation. It's not clear to me why this 22 situation gets us closer to that. So on the 23 grounds that we need to do something and this 24 doesn't seem to be it, I'll be voting no. 25 Thank you.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Any 2 other Senator wish to be heard on the bill? 3 Debate is closed, then. 4 The Secretary will ring the bell. 5 Read the last section. 6 THE SECRETARY: Section 7. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MEIER: Senator 12 Sabini, to explain his vote. 13 SENATOR SABINI: Thank you, Mr. 14 President. 15 You know, there's an old expression 16 that's very appropriate here that a camel is a 17 horse built by committee. This is a whole 18 dromedary. 19 We have a problem that is not going 20 away anytime soon with our racing industry in 21 the state. We have a Racing and Wagering 22 Board that's supposed to have oversight over 23 it. 24 We had a hearing recently where the 25 chairman of the Racing and Wagering Board

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(518) 371-8910 1 said: "Well, I really don't want to look at 2 the VLTs; that's the Lottery Division." Even 3 though wagering is the lottery, and I would 4 think that he would have some oversight over 5 it. 6 So now we're creating a committee 7 to oversee NYRA, even though Racing and 8 Wagering oversees it. And there's a special 9 ad hoc committee created later on. And the 10 core is still not working. So no matter how 11 we dress this up, it's still not going to 12 address the problems of racing in this state. 13 That being said, we have continued 14 to fritter away time and we have a hole in our 15 budget that Aqueduct was supposed to plug with 16 VLTs. I don't want to do anything to 17 jeopardize that budget line or the jobs it 18 means to Queens County and the economic 19 development it means to Queens County. So 20 I'll vote yes, but I think this is a very, 21 very bad and complicated solution to a problem 22 that really should be made simpler to solve 23 rather than more complicated. 24 I vote aye. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Sabini will be recorded in the affirmative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1950 are 5 Senators Duane, L. Krueger, Padavan, Parker, 6 Savino, Schneiderman and Serrano. 7 Those Senators absent from voting: 8 Fuschillo, Gonzalez and Sampson. 9 Ayes, 50. Nays, 7. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, 14 could we return to motions and resolutions. I 15 believe there's a motion at the desk. 16 ACTING PRESIDENT MEIER: Motions 17 and resolutions. 18 The Secretary will read the 19 substitution. 20 THE SECRETARY: On page 25, 21 Senator LaValle moves to discharge, from the 22 Committee on Rules, Assembly Bill Number 6690 23 and substitute it for the identical Senate 24 Bill Number 1395, Third Reading Calendar 935. 25 ACTING PRESIDENT MEIER:

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(518) 371-8910 1 Substitution ordered. 2 Senator Robach. 3 SENATOR ROBACH: Yes, Mr. 4 President. I wish to call up my bill, Senate 5 Print Number 5716, recalled from the Assembly, 6 which is now at the desk. 7 ACTING PRESIDENT MEIER: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1731, by Senator Robach, Senate Print 5716, an 11 act to amend the Education Law. 12 SENATOR ROBACH: I now move to 13 reconsider the vote by which this bill was 14 passed and ask that the bill be restored to 15 the order of third reading. 16 ACTING PRESIDENT MEIER: Call the 17 roll on reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. 20 ACTING PRESIDENT MEIER: The bill 21 is restored to the order of third reading. 22 Senator Robach. 23 SENATOR ROBACH: Mr. President, I 24 now offer the following amendments. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 amendments are received and adopted. 2 Senator Robach. 3 SENATOR ROBACH: I now move to 4 discharge, from the Committee on Rules, 5 Assembly Print Number 8546 and substitute it 6 for the identical bill. 7 ACTING PRESIDENT MEIER: So 8 ordered. 9 Lay the bill aside. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, 12 there will be a Rules Committee meeting at 13 11:40 in the Majority Conference Room. 14 ACTING PRESIDENT MEIER: Meeting 15 of the Rules Committee at 11:40 a.m. in the 16 Majority Conference Room. 17 SENATOR LIBOUS: And until that 18 meeting convenes and until it is completed, 19 the Senate will stand at ease temporarily. 20 ACTING PRESIDENT MEIER: The 21 Senate will stand at ease pending the report 22 of the Rules Committee. 23 (Whereupon, the Senate stood at 24 ease at 11:28 a.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 12:12 p.m.) 2 ACTING PRESIDENT LITTLE: Senator 3 Skelos. 4 SENATOR SKELOS: Madam President, 5 if we could return to reports of standing 6 committees, I believe there's a report of the 7 Rules Committee at the desk. I ask that it be 8 read. 9 ACTING PRESIDENT LITTLE: The 10 Secretary will read. 11 THE SECRETARY: Senator Bruno, 12 from the Committee on Rules, reports the 13 following bills: 14 Senate Print 1924A, by Senator 15 Balboni, an act to amend the Public Health 16 Law; 17 2329, by Senator Valesky, an act in 18 relation to permitting; 19 3257, by Senator Breslin, an act to 20 amend Chapter 693 of the Laws of 1980; 21 3631, by Senator Maltese, an act to 22 amend the Retirement and Social Security Law; 23 5108A, by Senator Farley, an act to 24 amend the New York State Printing and Public 25 Documents Law and others;

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(518) 371-8910 1 5431B, by Senator Spano, an act to 2 amend the Tax Law; 3 5578, by Senator Bonacic, an act to 4 amend the Insurance Law; 5 5731, by Senator Winner, an act to 6 amend the Alcoholic Beverage Control Law; 7 5784, by Senator Seward, an act to 8 amend the Insurance Law; 9 5797, by Senator Brown, an act to 10 authorize; 11 5917, by Senator Balboni, an act to 12 amend the Public Health Law; 13 5926, by Senator Padavan, an act to 14 amend a chapter of the Laws of 2005; 15 5927, by Senator Leibell, an act to 16 amend the Public Authorities Law and others; 17 And Assembly Print Number 8447, by 18 Member of the Assembly Reilly, an act to 19 dedicate the Albany Pine Bush Preserve. 20 All bills ordered direct to third 21 reading. 22 ACTING PRESIDENT LITTLE: Senator 23 Skelos. 24 SENATOR SKELOS: Madam President, 25 I move we accept the report of the Rules

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(518) 371-8910 1 Committee. 2 ACTING PRESIDENT LITTLE: All 3 those in favor of accepting the report of the 4 Rules Committee say aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT LITTLE: Those 7 opposed. 8 (No response.) 9 ACTING PRESIDENT LITTLE: The 10 Rules Committee report is accepted. 11 SENATOR SKELOS: Madam President, 12 if we could go to Supplemental Calendar A and 13 take up Calendar Number 1946. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1946, by Senator Libous, Senate Print 5862, an 19 act to amend Chapter 824 of the Laws of 1968. 20 SENATOR SKELOS: Madam President, 21 I believe there's a message of necessity at 22 the desk. I move we accept it. 23 ACTING PRESIDENT LITTLE: All in 24 favor of accepting the message of necessity 25 say aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT LITTLE: Those 3 opposed. 4 (No response.) 5 ACTING PRESIDENT LITTLE: The 6 message is accepted. 7 The Secretary will read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect upon enactment on or 11 before July 1, 2005. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 if we could take up Supplemental Calendar B, 21 noncontroversial. 22 ACTING PRESIDENT LITTLE: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 1954, by Senator Balboni, Senate Print 1924A,

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(518) 371-8910 1 an act to amend the Public Health Law. 2 ACTING PRESIDENT LITTLE: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1955, Senator Valesky moves to 14 discharge, from the Committee on Civil Service 15 and Pensions, Assembly Bill Number 4536 and 16 substitute it for the identical Senate Bill 17 Number 2329, Third Reading Calendar 1955. 18 ACTING PRESIDENT LITTLE: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1955, by Member of the Assembly Magee, 23 Assembly Print Number 4536, an act in relation 24 to permitting the reopening. 25 ACTING PRESIDENT LITTLE: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1956, Senator Breslin moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 6374 and substitute it 15 for the identical Senate Bill Number 3257, 16 Third Reading Calendar 1956. 17 ACTING PRESIDENT LITTLE: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1956, by Member of the Assembly McEneny, 22 Assembly Print Number 6374, an act to amend 23 Chapter 693 of the Laws of 1980. 24 ACTING PRESIDENT LITTLE: There 25 is a local fiscal impact note at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. Nays, 8 1. Senator Valesky recorded in the negative. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1957, Senator Maltese moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 6732 and substitute it 15 for the identical Senate Bill Number 3631, 16 Third Reading Calendar 1957. 17 ACTING PRESIDENT LITTLE: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1957, by Member of the Assembly Seminerio, 22 Assembly Print Number 6732, an act to amend 23 the Retirement and Social Security Law. 24 ACTING PRESIDENT LITTLE: Read 25 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 LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1958, Senator Farley moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 4257A and substitute it 13 for the identical Senate Bill Number 5108, 14 Third Reading Calendar 1958. 15 ACTING PRESIDENT LITTLE: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1958, by Member of the Assembly Brennan, 20 Assembly Print Number 4257A, an act to amend 21 the New York State Printing and Public 22 Documents Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 SENATOR DUANE: Lay it aside,

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(518) 371-8910 1 please. 2 ACTING PRESIDENT LITTLE: The 3 bill is laid aside. 4 THE SECRETARY: In relation to 5 Calendar Number 1959, Senator Spano moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number -- 8 SENATOR SKELOS: Lay it aside 9 temporarily, please. 10 ACTING PRESIDENT LITTLE: Senator 11 Skelos, may we substitute first. 12 SENATOR SKELOS: Yes, please do 13 so. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 THE SECRETARY: In relation to 17 Calendar Number 1959, Senator Spano moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 8410A and substitute it 20 for the identical Senate Bill Number 5431B, 21 Third Reading Calendar 1959. 22 ACTING PRESIDENT LITTLE: 23 Substitution ordered. 24 The bill is laid aside. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1960, Senator Bonacic moves to 2 discharge, from the Committee on Insurance, 3 Assembly Bill Number 5158 and substitute it 4 for the identical Senate Bill Number 5578, 5 Third Reading Calendar 1960. 6 ACTING PRESIDENT LITTLE: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1960, by Member of the Assembly Dinowitz, 11 Assembly Print Number 5158, an act to amend 12 the Insurance Law. 13 ACTING PRESIDENT LITTLE: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 80th day. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1961, Senator Winner moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 7379C and substitute it 2 for the identical Senate Bill Number 5731, 3 Third Reading Calendar 1961. 4 ACTING PRESIDENT LITTLE: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1961, by Member of the Assembly -- 9 SENATOR SCHNEIDERMAN: Lay it 10 aside. 11 ACTING PRESIDENT LITTLE: The 12 bill is laid aside. 13 THE SECRETARY: In relation to 14 Calendar Number 1962, Senator Seward moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 8376A and substitute it 17 for the identical Senate Bill Number 5784, 18 Third Reading Calendar 1962. 19 SENATOR SCHNEIDERMAN: Lay it 20 aside. 21 ACTING PRESIDENT LITTLE: 22 Substitution ordered. 23 The bill is laid aside. 24 THE SECRETARY: In relation to 25 Calendar Number 1963, Senator Brown moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 8801 and substitute it 3 for the identical Senate Bill Number 5797, 4 Third Reading Calendar 1963. 5 ACTING PRESIDENT LITTLE: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1963, by the Assembly Committee on Rules, 10 Assembly Print Number 8801, an act to 11 authorize the City of Tonawanda in the County 12 of Erie. 13 ACTING PRESIDENT LITTLE: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1966, by Senator Leibell, Senate Print 5927,

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(518) 371-8910 1 an act to amend the Public Authorities Law and 2 others. 3 ACTING PRESIDENT LITTLE: Senator 4 Skelos. 5 SENATOR SKELOS: Madam President, 6 is there a message of necessity at the desk? 7 ACTING PRESIDENT LITTLE: Yes, 8 there is. 9 SENATOR SKELOS: Move to accept, 10 please. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 All those in favor of accepting the 14 message of necessity say aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT LITTLE: Those 17 opposed. 18 (No response.) 19 ACTING PRESIDENT LITTLE: The 20 message is accepted. 21 Read the last section. 22 THE SECRETARY: Section 31. This 23 act shall take effect immediately. 24 SENATOR SCHNEIDERMAN: Lay it 25 aside.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 1967, by Member of the Assembly Reilly, 5 Assembly Print Number 8447, an act to dedicate 6 the Albany Pine Bush Preserve. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 Senator Skelos, that completes the 18 reading of the noncontroversial Supplemental 19 Calendar B. 20 SENATOR SKELOS: Madam President, 21 if we could take up Supplemental Calendar B on 22 the controversial reading. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 The Secretary will ring the bells.

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: At this time if 3 we could take up Calendar Number 1961, by 4 Senator Winner. 5 ACTING PRESIDENT LITTLE: Could 6 we have quiet in the chamber, please. 7 On the controversial calendar, the 8 Secretary will read Calendar Number 1961, by 9 Senator Winner. 10 THE SECRETARY: Calendar Number 11 1961, substituted earlier today by Member of 12 the Assembly Farrell, Assembly Print Number 13 7379C, an act to amend the Alcoholic Beverage 14 Control Law. 15 ACTING PRESIDENT LITTLE: Senator 16 Klein. 17 SENATOR KLEIN: Would the sponsor 18 yield to some questions. 19 ACTING PRESIDENT LITTLE: Senator 20 Winner, Senator Klein has asked for an 21 explanation. 22 SENATOR WINNER: Thank you, 23 Senator Klein. 24 This legislation is obviously known 25 by everyone here as the direct shipment of

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(518) 371-8910 1 wine proposal. The direct shipment of wine 2 proposal really has emanated and gotten a 3 great deal of legs as a result of the May 16th 4 decision by the United States Supreme Court, 5 where the current system of distributing wine 6 or shipping wine in New York State was 7 declared to be illegal. 8 Where New York heretofore had been 9 having unlimited shipment of wine within its 10 state borders, it prohibited the shipment of 11 wine outside of its borders, and the court 12 indicated that that system was not proper. 13 New York is the third largest 14 wine-producing state in the United States. 15 Right now we have over a thousand grape 16 growers, over 200 wineries. And that industry 17 is currently a credit to this state. We 18 provide great amounts of money to promote 19 tourism there. And this legislation will 20 allow the marketing of that wine to be even 21 increased substantially, and will allow 22 New York wines to achieve the prominence that 23 they deserve in this country by exposing them 24 to so many more consumers and promoters than 25 currently is allowed under the current system.

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(518) 371-8910 1 This legislation provides for a 2 significant amount of protection to ensure 3 that sales to minors does not occur. And it 4 also provides for the guarantee of collection 5 of appropriate revenues and taxes for state 6 taxpayers, to ensure that excise taxes and 7 sales taxes are properly paid, because it 8 provides for the point of sale to be within 9 the state's borders. 10 This proposal will increase the 11 amount of revenues the state receives by 12 increasing the amount of wine that is marketed 13 and will again allow New York to be prominent 14 in this country with regard to the display, 15 marketing and production of the fine wines 16 that the Finger Lakes, the Hudson Valley, and 17 Long Island currently produce. 18 So yes, I'd be glad to yield to a 19 question. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Klein. 23 SENATOR KLEIN: Madam President, 24 would the sponsor continue to yield. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Winner, do you continue to yield? 2 SENATOR WINNER: Yes. 3 ACTING PRESIDENT LITTLE: The 4 Senator yields. 5 SENATOR KLEIN: Madam President, 6 I wanted to ask the sponsor -- clearly, I 7 think we're all concerned in making sure that 8 youngsters don't have access to alcohol. Can 9 the Senator please elaborate on how we're 10 making sure, under this legislation, that 11 young people cannot purchase wine over the 12 Internet. 13 SENATOR WINNER: Well, first and 14 foremost, Senator, you have to look at a 15 little history here. 16 In the many, many years that we've 17 had unfettered, unlimited, and unregulated 18 intrastate shipment of wine, there has been no 19 reported cases of abuse of minors obtaining 20 cases of wine being shipped to the residence 21 of their parents or their friends, for the 22 current unlimited amount of shipping that is 23 allowed in New York from New York wineries 24 right now to New York residents. 25 So the issue of sales to minors in

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(518) 371-8910 1 my judgment is pretty much a red herring. 2 There has been a report of the Federal Trade 3 Commission in 2003 which indicated that there 4 was no problem with regard to sales to minors 5 at any place in the country as far as direct 6 shipment of wine that they could identify. 7 And as a result, the protections 8 that are specifically in this bill require the 9 production of identification to the common 10 carrier, liability of the common carrier as -- 11 on an individual basis, and the ability of the 12 common carrier and the duty to refuse in the 13 event an individual does not verification of 14 age and identity upon request by that common 15 carrier. And the overall prohibition against 16 any delivery to anybody under the age of 21, 17 and the necessity for signature. 18 SENATOR KLEIN: Thank you, 19 Senator. 20 Madam President, would the sponsor 21 continue to yield. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Winner, do you continue to 25 yield?

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(518) 371-8910 1 SENATOR WINNER: Yes, I do. 2 ACTING PRESIDENT LITTLE: The 3 Senator yields. 4 SENATOR KLEIN: In the 5 legislation we're leaving an awful lot of 6 responsibility up to common carriers like 7 Federal Express, UPS. How are we going to 8 ensure, under a scenario, let's say, that wine 9 is delivered to an apartment building in 10 New York City that has a doorman, that we're 11 making sure that a minor isn't going to have 12 access to that wine? 13 SENATOR WINNER: Well, the 14 liability, of course, for any kind of improper 15 delivery would then rest with the individual 16 that was responsible for the commission of 17 that negligent act of a delivery where the 18 wine came into the possession of a minor. 19 Again, you know, I don't know of 20 any circumstances that have existed to date, 21 Senator, that relates to that violation 22 occurring, with the thousands and thousands of 23 cases of wine that have been shipped into your 24 community and our communities from New York 25 State wineries now under the current system.

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(518) 371-8910 1 So if you've got any demonstrated 2 issues of examples where you can show us 3 whereby these major problems have occurred 4 right now under a less restrictive and less 5 controlled circumstance than we're setting up 6 right now, I'd be glad to take them under 7 consideration. 8 But I don't believe those abuses 9 have occurred. I don't believe they will 10 occur. And I think that any allegations or 11 representations that there's going to be a 12 huge problem with underage people ordering 13 their favorite case of chardonnay from 14 California and paying the shipping costs two 15 weeks in advance so they can have that party 16 that night is really pretty much an 17 unrealistic concern. 18 SENATOR KLEIN: Would the Senator 19 continue to yield. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Winner, do you continue to 23 yield? 24 SENATOR WINNER: Yes, Senator. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Senator yields. 2 SENATOR KLEIN: As a matter of 3 fact, Senator Winner, I do have a site from a 4 study which was conducted by the Center on 5 Alcohol Marketing and Youth, at Georgetown 6 University, which found that nearly 700,000 7 underage visitors made in-depth visits to 8 alcohol websites during the last six months. 9 So clearly young people are gaining 10 access to these websites. If indeed they are 11 actually getting their wine, I guess that's a 12 pretty big number. If 700,000 are actually 13 making inquiries, I'm sure many of those young 14 people are indeed being able to purchase wine 15 underage. 16 But I want to move to the other 17 area which I think is important to everyone 18 here as well, the collection of taxes. How 19 are we making sure that we're not losing money 20 on taxes on alcohol, revenue in New York 21 State? What are we doing under this 22 legislation to make sure that there's adequate 23 collection of taxes? 24 SENATOR WINNER: In order to ship 25 into New York State, Senator, the winery would

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(518) 371-8910 1 have to obtain a license, would have to 2 consent to jurisdiction of the Taxation and 3 Finance Department, would have to register 4 with the SLA, and would have to subject 5 themselves to reporting back with 6 administrative actions with regard to their 7 federal winery license in the event that they 8 were to be a tax avoider. 9 So we have designated New York 10 State as the point of sale for the purposes of 11 delivery into New York. Those wineries would 12 have to make the appropriate reports to the 13 Department of Taxation and Finance and would 14 have to file returns and make reporting 15 requirements so that we can ensure that the 16 appropriate taxes -- this is a very 17 appropriate concern, and I appreciate you 18 raising that, because we need to make sure 19 that New York receives the appropriate 20 revenue. 21 Senator Krueger is always up here 22 every day making sure we tax everybody. And 23 so that I want to make sure that we get the 24 appropriate revenue on these particular sales, 25 because I know that our state treasury can use

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(518) 371-8910 1 it and we don't want any tax avoidance. So 2 we're going to make sure that we get all those 3 people to pay their taxes, Senator, and that's 4 a very important concern in this bill. 5 SENATOR KLEIN: Thank you, 6 Senator. 7 Would the sponsor continue to 8 yield, Madam President. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Winner, do you continue to 12 yield? 13 SENATOR WINNER: Absolutely. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 The Senator yields. 17 SENATOR KLEIN: Senator, I know 18 Governor Pataki in the past vetoed a measure 19 to allow interstate or Internet shipping of 20 wine. There's one portion where he states in 21 his veto memo where the Department of Tax and 22 Finance has estimated that each case of wine 23 sold under the provisions of the bill would 24 cost the state approximately $1 in lost excise 25 tax and approximately $10 in lost sales tax

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(518) 371-8910 1 revenue. 2 What under this legislation is 3 making sure that loss isn't going to occur, 4 under your bill? 5 SENATOR WINNER: Again, Senator, 6 I want to reiterate the contention that the 7 point of sale in this legislation is 8 designated to be New York. And therefore, the 9 shipper is going to be required to pay the 10 appropriate excise taxes and sales taxes on 11 the point of sale occurring in the State of 12 New York. 13 So therefore, while the Governor's 14 concerns were -- whether they were valid or 15 invalid back in 1995 with regard to that 16 issue, the Governor has certainly been 17 adequately involved in the development of this 18 proposal, so -- to satisfy his concerns that 19 in fact appropriate taxes will be collected 20 and paid. 21 So to that extent, Senator, I'm 22 confident that this measure will provide for 23 those protections and meet the very, very 24 legitimate concerns that you have just 25 identified.

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(518) 371-8910 1 SENATOR KLEIN: Thank you very 2 much. 3 On the bill, Madam President. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 On the bill, Senator Klein. 7 SENATOR KLEIN: I'm still very, 8 very concerned in opening the door to allow 9 Internet sales of alcohol to minors. You 10 know, I know this legislation before us today 11 is only limited to the sale of wine. But 12 clearly the most recent Supreme Court decision 13 I think has tremendous ramifications. Next 14 we'll be here doing legislation to sell 15 alcohol, next we'll be doing legislation to 16 sell beer. 17 And clearly in the State of 18 New York over the last several years, we've 19 done everything possible to make sure that 20 minors don't have access to alcohol. We card 21 them, we have education programs. I passed 22 legislation in the past which allows scanning 23 devices to make sure that ID cards are valid. 24 We're really reducing the amount of alcohol 25 that's being purchased by minors. We're also

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(518) 371-8910 1 reducing the number of DWI convictions by 2 minors. 3 But here we are today opening the 4 door allowing young people to buy alcohol over 5 the Internet. You know, it's clear that 6 there's many, many sites that do cater to 7 young people. The study that I cited earlier 8 has specific websites which advertise how easy 9 it is and really promote young people in being 10 able to purchase alcohol, no questions asked, 11 over the Internet. That's a huge problem. 12 I have another concern. I'm proud 13 of the fact that I wrote the law in New York 14 State which bans the sale of cigarettes over 15 the Internet. It went to a federal court, it 16 was found unconstitutional, it was then 17 reversed. It is now the law of the land in 18 New York State that you cannot purchase 19 cigarettes over the Internet. 20 We did many sting operations over 21 the years which showed that young people as 22 young as 14 years of age were buying 23 cigarettes over the Internet, no questions 24 asked. They were delivering them right to 25 their front door. I'm afraid the same thing

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(518) 371-8910 1 is going to happen under this legislation. 2 Also, the other reason why I was so 3 concerned over cigarette sales was a loss of 4 tax revenue. I'm concerned that we're losing 5 very, very important tax revenue in the State 6 of New York. And clearly I showed that in the 7 cigarette sales over the Internet. 8 I think once again we're opening 9 the door to tax evasion, bootlegging of 10 untaxed wine -- and alcohol, if we do 11 something else in the future -- and I think 12 that's bad public policy. 13 To reiterate what I said earlier, I 14 think it's bad public policy to have free 15 access for young people to be able to purchase 16 alcohol of any kind over the Internet. And I 17 think it's bad public policy to make it easier 18 to evade New York State's tax laws. 19 ACTING PRESIDENT LITTLE: Thank 20 you, Senator. 21 Senator Nozzolio. 22 SENATOR NOZZOLIO: Thank you, 23 Madam President. On the bill. 24 ACTING PRESIDENT LITTLE: On the 25 bill.

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(518) 371-8910 1 SENATOR NOZZOLIO: Direct 2 shipping will have a direct impact on job 3 growth in this state. That's the bottom line. 4 The wineries of New York have taken 5 great strides in the last two decades. We've 6 seen the small farm winery -- supported, in 7 many cases, by legislation enacted in this 8 house -- has expanded. We see small farm 9 wineries in every corner of the state, but 10 particularly the Finger Lakes region where 11 Senator Winner and I and Senator Volker 12 represent well over a hundred wineries. 13 We see a great amount of product 14 being produced, people coming to the Finger 15 Lakes region, New York State, because of the 16 wine, because of the beauty, and because of 17 the ambience being created by a wonderful 18 industry that wasn't here even 25 years ago. 19 Literally tens of thousands of tourists are 20 coming into New York and discovering our 21 regions. And from the Finger Lakes 22 perspective, we look at the wineries as second 23 to none as a magnet for bringing people, 24 bringing their commerce into New York State. 25 The Finger Lakes wine product is

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(518) 371-8910 1 being discovered nationally. The vintners 2 have been utilizing great technology produced 3 at Cornell University, that they have been 4 utilizing wonderful science and wonderful 5 growing and irrigation dynamics to develop a 6 grape and a product that is receiving national 7 and even international acclaim that we never 8 would have envisioned seeing two and a half 9 decades ago. 10 As we're drawing tourists from all 11 across the state, many who are traveling into 12 our region, not having the means to take 13 product back with them or, when they're at 14 home in other areas of the country, wishing 15 they had some of that Finger Lakes wine or 16 Long Island wine or wherever they were 17 traveling, heretofore were not able to get 18 that product, obtain that product. 19 This measure by Senator Winner is a 20 great measure that will help our industry grow 21 here in New York. Direct shipping would not 22 just allow us to grow grapes, but it will grow 23 jobs. We're not only going to be selling more 24 wine, we're going to bring more people into 25 our area to come and more people to come the

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(518) 371-8910 1 second and third time because they have 2 enjoyed what other areas of the nation have 3 been utilizing. 4 Particularly the states of 5 California and Washington have been somewhat 6 ahead of us in the wine production industry. 7 But I believe that this and other measures 8 that continue to support the grape growing and 9 vintners of this state will help move us along 10 so that we will be second to none in a very 11 short period of time. 12 I wish to again thank Senator 13 Winner for his leadership. I wish to thank 14 many of the advocates, particularly the 15 New York State Farm Bureau, who recognized how 16 this measure will enhance job production, 17 income, commerce into New York State. 18 On a more personal level, I'd like 19 to thank the vintners from my region, Senator 20 Winner's region, Senator Volker's region, who 21 came out front and worked very hard to see 22 this measure and to see this measure that will 23 not just grow more grapes but will grow many 24 more jobs for New York. 25 Thank you, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you, Senator Nozzolio. 3 Senator Skelos. 4 SENATOR SKELOS: Thank you, Madam 5 President. 6 I too want to congratulate Senator 7 Winner on passing this legislation. I know 8 that Congressman Kuhl worked on this a long 9 time, but it needed a member of the Assembly 10 to come over and give it that final push. But 11 congratulations to you. 12 You know, what's really going to be 13 great is Senator Nozzolio and Senator Winner 14 and a number of my colleagues from upstate, 15 come to Long Island and you'll taste some 16 great wine. It's absolutely tremendous. 17 Right, Senator LaValle? 18 SENATOR LaVALLE: Absolutely. 19 SENATOR SKELOS: The best. 20 I am absolutely convinced with this 21 legislation, number one, revenues to the state 22 will actually increase, not decrease. 23 And I'm absolutely convinced that 24 this will not impact any minors in terms of 25 drinking. Quite frankly, the protections are

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(518) 371-8910 1 there. UPS, whomever, is not going to fool 2 around and get fined or lose the ability to 3 ship. 4 This is really an economic 5 development piece. This is an opportunity for 6 the mid-Hudson area, for upstate, for Long 7 Island to really bring tourism to the regions 8 and really promote a great product. Other 9 states, and Senator Nozzolio mentioned them, 10 Washington State and some of other smaller 11 states throughout this nation, their products 12 were not known until they could ship out of 13 state. And once they had that ability, their 14 product became well known and their industry 15 flourished. 16 So if there is one economic 17 development piece this year that I believe 18 will definitely create jobs throughout the 19 state, it is this. 20 So, Senator Winner, I congratulate 21 you. And perhaps you can let Congressman Kuhl 22 know that you accomplished what unfortunately 23 we could not up until this point. 24 Congratulations to you. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you, Senator Skelos. 2 Senator LaValle. 3 SENATOR LaVALLE: Thank you, 4 Madam President. 5 The legislation that we have before 6 us is long overdue. We have had more stops 7 and starts and disappointments about direct 8 shipment. We thought at one point we had 9 language in a budget. It didn't work out. It 10 took the Supreme Court of the United States to 11 finally clear the way for us to be able to 12 reach an agreement and have this legislation. 13 The prior speakers talked about its 14 importance. 15 I am very, very proud to represent, 16 in the First Senatorial District, the majority 17 of the wineries on Long Island. And in the 18 last twenty years, these small wineries have 19 distinguished themselves by winning awards in 20 national competition. And so by this 21 legislation, it will allow the wineries to 22 become more profitable and improving the 23 product that they have, creating more jobs. 24 Last session we passed, in this 25 house and the Assembly, a law that created

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(518) 371-8910 1 wine trails in Suffolk County. And so there 2 are wine trails throughout the state. And 3 people have demonstrated that they enjoy going 4 to the wineries and taking their families and 5 enjoying -- it's all part of the tourism of 6 our state. And so this legislation will bring 7 that up another notch or so. 8 But for the First Senatorial 9 District, what this will do is it will ensure 10 that the wineries stay profitable. And many 11 years ago I had -- I sat down with the 12 supervisors in the towns that I represent and 13 we set out a strategy for open space, to 14 protect our land, to make sure that it 15 continue continued in farming. And we tried 16 two strategies. One was the vineyards and 17 wineries, and that has succeeded. And the 18 second was to broaden our equine industry, and 19 that has had some successes and some failures. 20 But it was all part of maintaining our open 21 spaces, keeping farmland as -- to be farmed. 22 And so again, this will allow the solvency and 23 profitability of our wineries. 24 I also hope that people now across 25 the country will experience, from Niagara

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(518) 371-8910 1 Falls to Montauk, the great Long Island wines 2 that we have. And that here in this house 3 that we will continue the competition -- I 4 think Senator Skelos talked about how great 5 the Long Island wines are, because we're proud 6 of them, as I'm sure the Finger Lakes and 7 throughout the state, and the Hudson Valley 8 are proud of their vineyards. But once again, 9 New York, we're ready to compete with the 10 other 49 states. 11 I support this legislation, Madam 12 President. 13 ACTING PRESIDENT LITTLE: Thank 14 you, Senator LaValle. 15 Senator Maziarz. 16 SENATOR MAZIARZ: Thank you very 17 much, Madam President. 18 I rise in support of this 19 legislation. But in deference to my 20 colleagues from the Finger Lakes region and 21 from Long Island, I think it's a rather 22 established fact, Madam President, that in 23 order to have great wine, you have to have 24 very good grapes. And the best grapes in 25 New York State are grown on the Niagara

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(518) 371-8910 1 Escarpment in the shadow of Lake Ontario and 2 the Niagara River. And that produces the best 3 wine in New York State. 4 And but for the fact that there was 5 a 36-case limit, I would prove that, Madam 6 President, by sending all the other 61 members 7 a case. However, I am prohibited by law from 8 doing that. 9 So, Madam President, the millions 10 of tourists a year who visit -- Senator 11 LaValle and Senator Skelos and Senator Winner 12 and Senator Nozzolio had it exactly right. 13 The millions of tourists a year who visit 14 New York State, particularly the millions of 15 tourists a year who visit Niagara Falls, are 16 going to be able to visit the wine trails that 17 we have in Western New York and are going to 18 be able to ship our products back to their 19 home states. 20 I think this is an excellent bill. 21 I agree with Senator Skelos, it took Senator 22 Winner just one session to get over here and 23 to get this passed, with a little bit of help 24 from the United States Supreme Court. I look 25 forward to this being a very good economic

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(518) 371-8910 1 engine for all regions of New York. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you, Senator Maziarz. 5 Senator Volker. 6 SENATOR VOLKER: Madam President, 7 I too want to thank Senator Winner. 8 I have already told Congressman 9 Kuhl that it took a monumental effort by an 10 Assemblyman to get this bill done, and he was 11 very happy. Of course, he represents the wine 12 area too. 13 And for those of you that may 14 wonder, actually, I think that Senator Young 15 and myself and George probably represent more 16 of the grape people -- we're not the 17 wineries -- than some of the other mid-state 18 people. 19 But wine trails have become a huge 20 operation. And I remember on Long Island, by 21 the way, when a fellow by the name of John 22 Dyson, who was a former commissioner of 23 commerce, was one of the only people who had 24 wineries and had -- was growing on the island. 25 Well, that's of course changed immensely now.

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(518) 371-8910 1 I've been out on Long Island, and they have 2 very good wine. I probably think it's second 3 only to the wine in the Finger Lakes. And I 4 have to say that because I represent part of 5 the Finger Lakes; I represent Canandaigua and 6 so forth. 7 But I have to tell you, Senator 8 Padavan, who sits next to me here, was 9 chairman of Mental Health for a long, long 10 time. And I was chairman of the only 11 subcommittee of mental health, I believe, in 12 the entire time, which was alcoholism. I have 13 frankly opposed wine in grocery stores because 14 I felt the possibilities of sale to minors was 15 too high. And that has brought me some 16 consternation by some of my own wine people. 17 This is a whole different issue. 18 The issue of distribution is an entirely 19 different issue. This is not how young people 20 get wine, this is how people in both upstate 21 and Long Island will have an even greater 22 opportunity to enjoy wines, and people in 23 California and a lot of other places will find 24 out, maybe, that they should stop drinking 25 California wine and start drinking our wine.

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(518) 371-8910 1 So I want to thank, again, Senator 2 Winner, and of course Senator Nozzolio, who's 3 pushed this for so many years. 4 And actually I think this is 5 probably one of the most important bills for 6 economic development this session, and it's 7 something that was long necessary. 8 ACTING PRESIDENT LITTLE: Thank 9 you, Senator Volker. 10 Senator Sabini. 11 SENATOR SABINI: Thank you, Madam 12 President. On the bill. 13 ACTING PRESIDENT LITTLE: On the 14 bill. 15 SENATOR SABINI: Madam President, 16 I join those that have spoken about the 17 importance of the wine industry in this state, 18 and in the Finger Lakes region and the Hudson 19 Valley and, as a Long Islander, in Long 20 Island. 21 But I want to echo the concerns 22 raised by Senator Klein earlier during his 23 questioning. We have a very tight structure 24 in our state involving the State Liquor 25 Authority, alcohol beverage control. There's

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(518) 371-8910 1 a reason that we have tight restrictions on 2 who can sell liquor, when they can sell it, 3 where they can sell it, where they can 4 distribute, who they can sell it to, who 5 checks. 6 We had a debate yesterday about a 7 machine where it was said, well, it's going to 8 be marketed to kids. Well, the machine 9 doesn't cause any problems. What you put in 10 the machine does. And that is, as I cited 11 yesterday, why we have tight controls on our 12 liquor stores, our distributors, having them 13 check as to who buys things. 14 So I want to be consistent. I 15 continue to be for the strict control of 16 alcoholic beverages, because they should not 17 be in the hands of people under 21. And I 18 share the concern of Senator Klein that while 19 we can say there's protections in this law, 20 coming soon to a TV station near you, some 21 sting operation where kids are buying wine on 22 the Internet. 23 And as a result of the Supreme 24 Court decision, there's going to be small 25 batch bourbon coming in from Kentucky, you're

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(518) 371-8910 1 going to have specialty beers sold on the 2 Internet, you're going to have all kinds of 3 things sold on the Internet. 4 And while the Supreme Court ruled 5 that our law violates interstate commerce 6 clauses, the interstate commerce clause can be 7 watered down, as it has been in the past, if 8 there are public policy concerns of the result 9 of interstate commerce. 10 And so I -- I'm concerned that 11 we've set up a very good system in New York to 12 make sure that how we sell alcohol is tightly 13 controlled. And I fear that while this may be 14 good for our wine industry -- and I think 15 that's a good thing, because I think it's a 16 great industry and I think it's fabulous what 17 we've done, particularly on Long Island, with 18 our wineries -- that there's got to be a 19 better way to make sure that minors don't have 20 access to wine and alcohol and cigarettes and 21 that we have tighter controls over the tax 22 collection of those items. 23 And so for those reasons, I'll be 24 voting in the negative. Thank you. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you, Senator. 2 Senator Rath. 3 SENATOR RATH: Madam President, 4 very briefly. 5 As chairman of the Tourism 6 Committee, I would be remiss if I did not 7 congratulate Senator Winner, because I see 8 this as in some way a tourism development 9 promotion. And as we know, we would like very 10 much to see more monies into tourism 11 development, as some of our sister states 12 have. We are way down in dollar amounts in 13 supporting I Love New York and some of the 14 other programs that draw people into New York 15 State. 16 But I envision parties in Texas or 17 in Wisconsin and people will say: Oh, where 18 did you discover this wine? Oh, it's New York 19 State. And people will say: I was on Long 20 Island or I was in the Finger Lakes or I was 21 in Niagara. And people will think to 22 themselves, Well, I was going to go to Long 23 Island; maybe I'd better go on the wine trail. 24 Or I was going to go to a wedding in the 25 Finger Lakes; maybe I ought to do the Finger

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(518) 371-8910 1 Lakes Wine Trail. It will act as an 2 ambassador for New York State goodwill. 3 I only have one small concern, and 4 I do want to speak with Senator Brown about 5 it, and it's that the wine trail and the beer 6 trail don't overlap. But I think that's next 7 year's business. 8 ACTING PRESIDENT LITTLE: Thank 9 you, Senator Rath. 10 Senator Alesi. 11 SENATOR ALESI: Thank you, Madam 12 President. 13 First of all, I'd like to 14 congratulate Senator Winner for doing a fine 15 job in producing this compromise bill. 16 And secondly, I'd like to point out 17 that as chairman of the Committee on Commerce, 18 Economic Development and Small Business, I 19 recognize the benefits of this amended 20 compromise bill, not only to those people who 21 want to enjoy New York State's fine wines now, 22 by purchasing them in a different method from 23 what we're used to, but also because this 24 supports our state's number-one business. And 25 most people still don't consciously realize

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(518) 371-8910 1 that agriculture is our number-one business in 2 this state. 3 Interestingly enough, the other 4 enhancement that this bill will bring to 5 New York State is an enhancement to our 6 number-two business, as Senator Rath pointed 7 out. Our number-two business in this state is 8 tourism. And so with this enhancement of both 9 of our top two industries in this state -- 10 Curly, Larry and Moe. With the enhancement of 11 the top two businesses in this state, I think 12 that we will go a long way in encouraging an 13 influx, not only of people coming in from 14 New York State, but those people who don't 15 even recognize what we have here. 16 Earlier this year I was making 17 plans to do a repeat trip that I did at the 18 NCSL a couple of years ago. We went to Napa 19 Valley. It was a destination point for us. 20 They have some good wines out there. But we 21 have some very good, very excellent and, to be 22 sure, some very competitive wines right here 23 in New York State. And yet we were excited 24 about going 3,000 miles away to visit a place 25 that does exactly what we do here.

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(518) 371-8910 1 And with Senator Winner's bill, now 2 I can foresee, in the very near future, an 3 influx of people from all of those other 4 places because they will have an opportunity 5 to be introduced to our good products here. 6 At one point there was great 7 concern over the dismantling of the tier 8 system. And in the committee that I chair, I 9 shared those concerns, and rightfully so. But 10 through the good works and the willingness to 11 compromise that Senator Winner has shown and 12 the other house has shown and the second floor 13 has shown, I think we're beyond those concerns 14 about the three-tier system. 15 And so as I speak today, I embrace 16 this. And I congratulate Senator Winner, who 17 sits with a straight face as I speak. And I 18 look forward to a time when those people all 19 over our state and all of the other states in 20 this nation will come to New York and 21 participate in our great industry. 22 So congratulations to Senator 23 Winner and all of those who worked on this 24 bill. Thank you very much for your patience 25 with me, Senator, and my committee.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you, Senator Alesi. 3 Senator Wright. 4 SENATOR WRIGHT: Thank you, Madam 5 President. Very briefly. 6 I too want to extend my 7 congratulations to Senator Winner as the 8 sponsor of the bill, and particularly as the 9 representative of the newest wine region in 10 the State of New York, the Thousand Islands, 11 which has not been mentioned in this 12 afternoon's debate. 13 It was but two weeks ago on this 14 floor that we passed the Thousand Islands 15 Seaway Wine Trail legislation, and last night 16 it passed the Assembly. So we're looking 17 forward to joining all of our colleagues from 18 the Finger Lakes and Long Island and Western 19 New York in producing a very fine variety of 20 wine that is extremely hardy, of course, 21 because it's in the North Country. 22 But I'd also like to reinforce and 23 echo the comments of Senator Alesi. Our 24 economy in the North Country is one that is 25 very much dependent upon agriculture and

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(518) 371-8910 1 tourism, and this is another added value to 2 our economy, one that will foster the growth 3 of small business. 4 And in fact we have a young 5 entrepreneur who is an individual who came to 6 our region from Fort Drum, stayed in the 7 region, made an investment in his winery and 8 began growing his small business. He now has 9 incorporated a number of the small dairy 10 farmers who have now developed an alternative 11 or a diversity to their crop, to their 12 incomes, and is very successful growing grapes 13 throughout the region and producing a fine 14 wine that we've had occasion to share. 15 So I too want to acknowledge the 16 sponsor's efforts, the support of the Senate 17 for the concepts of tourism and agriculture, 18 and look forward to having all of you visit 19 the new wine trail in the Thousand Islands. 20 Thank you, Madam President. 21 ACTING PRESIDENT LITTLE: Thank 22 you, Senator Wright. 23 Senator Young. 24 SENATOR YOUNG: Thank you, Madam 25 President.

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(518) 371-8910 1 As chairperson of the Senate 2 Agriculture Committee and as someone who 3 proudly represents the Chautauqua region in 4 New York State, I am thrilled about the 5 passage of this legislation because it's 6 critical to the health and the future of 7 upstate New York. 8 You know, we've talked a little 9 bit -- my colleagues have talked about 10 different areas of the state where they have 11 wonderful wine regions. And I acknowledge 12 that, that we have exquisite wines that are 13 produced in the Finger Lakes, the Niagara 14 region, the Hudson Valley, Long Island, the 15 Thousand Islands. But also in Chautauqua 16 County, where grapes grow on the beautiful 17 shores of Chautauqua Lake and Lake Erie. 18 Despite the high quality of our 19 wines in New York State, unfortunately they 20 have been the best-kept secret in the country. 21 And it's because there was limited access. 22 This direct shipping bill will change all 23 that. And when you look at other states that 24 have gone to direct shipping that produce 25 wines, their business at their wineries has

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(518) 371-8910 1 increased up to 70 percent. We are hoping 2 that we can even beat that percentage here in 3 New York State. 4 So I too congratulate and thank 5 Senator Winner for his tenacity, the Farm 6 Bureau for their tireless advocacy on this 7 legislation. And I just think it's a great 8 day for the future of the grape, the wine, and 9 the tourism industry in New York State. 10 ACTING PRESIDENT LITTLE: Thank 11 you, Senator Young. 12 Senator Meier. 13 SENATOR MEIER: Madam President, 14 I was sitting here kind of puzzled. I wanted 15 to help Senator Winner out and support this 16 bill, but they don't make wine in my district. 17 And then it hit me. 18 Rome and Utica has the best Italian 19 food in the entire state of New York. And as 20 the late, great Pasquale Destito, the owner of 21 the Savoy, always used to say: "Eating 22 Italian food without wine is like dancing 23 without music. It can be done, but it's 24 better the other way." 25 (Laughter.)

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you, Senator Meier. 3 Is there any other Senator who 4 wishes to be heard on the bill? 5 The debate is closed. 6 The Secretary will ring the bell. 7 Read the last section. 8 THE SECRETARY: Section 11. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT LITTLE: Senator 14 Winner, to explain his vote. 15 SENATOR WINNER: Thank you, Madam 16 President. Briefly to explain my vote. 17 I want to thank my colleagues for 18 supporting this, and I want to thank the Farm 19 Bureau and the other advocates on behalf of 20 this legislation. This is going to go a long 21 way to help all of the 2.7 million visitors of 22 our wineries to obtain these great products. 23 It's going to help our economy, it's going to 24 help tourism, it's going to help many, many 25 regions of this state, and it is going to be a

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(518) 371-8910 1 tremendous benefit to all of us. 2 I would have liked to have 3 congratulated everybody more, with a larger 4 reception. But as Senator Maziarz pointed 5 out, we have something called a case limit on 6 this, so that therefore we're precluded on 7 getting everything we want for that. 8 But, Senator Maziarz, remember, 9 your wife can get another 36 cases too, so now 10 you can cover all of us in the room. 11 (Laughter.) 12 SENATOR WINNER: I vote aye. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Winner will be recorded in 16 the affirmative. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 1961 are 21 Senators Klein and Sabini. 22 Those Senators absent from voting: 23 Fuschillo, Gonzalez, C. Kruger and Sampson. 24 Ayes, 54. Nays, 2. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 Senator Skelos. 3 SENATOR SKELOS: If you would 4 please call up Calendar Number 1952, 5 noncontroversial. This is a chapter amendment 6 to the bill we just passed. 7 ACTING PRESIDENT LITTLE: The 8 Secretary will read Calendar 1952, 9 noncontroversial. 10 THE SECRETARY: Calendar Number 11 1952, by Senator Winner, Senate Print 5925, an 12 act to amend the Alcoholic Beverage Control 13 Law. 14 SENATOR SKELOS: Madam President, 15 is there a message at the desk? 16 ACTING PRESIDENT LITTLE: Yes, 17 there is. 18 SENATOR SKELOS: Move to accept. 19 ACTING PRESIDENT LITTLE: All 20 those in favor of accepting the message of 21 necessity say aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT LITTLE: Those 24 opposed. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 message is accepted. 3 Read the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect on the same date and in 6 the same manner as a chapter of the Laws of 7 2005. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. Nays, 12 2. Senators Klein and Sabini recorded in the 13 negative. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 on Supplemental Calendar B would you please 19 call up Calendar Number 1958, by Senator 20 Farley, noncontroversial. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 The Secretary will read Calendar 24 1958 on the noncontroversial Supplemental 25 Calendar B.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1958, substituted earlier today by Member of 3 the Assembly Brennan, Assembly Print Number 4 4257A, an act to amend the New York State 5 Printing and Public Documents Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 62. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT LITTLE: Senator 14 Farley, to explain his vote. 15 SENATOR FARLEY: Just to explain 16 my vote. 17 I just want to say thank you to the 18 Minority over there, and to the Assembly. 19 This is a massive bill, but it's a 20 good-government bill, one that gets rid of all 21 kinds of unnecessary requirements that are in 22 the law. 23 The Assembly has worked on this 24 since the '90s and really did a lot of work. 25 My office did a lot of work putting it

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(518) 371-8910 1 together again this year. It's a cleanup bill 2 that really helps for the efficiency of 3 government. And I applaud the Assembly, the 4 other side, and everybody for supporting it. 5 It's also very good for our legislative 6 library. 7 Thank you, Madam President. I vote 8 aye. 9 ACTING PRESIDENT LITTLE: Senator 10 Farley will be recorded in the affirmative. 11 The Secretary will announce the 12 results. 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 on the regular calendar would you please call 19 up Calendar Number 1926, by Senator Spano, 20 noncontroversial. 21 ACTING PRESIDENT LITTLE: The 22 Secretary will read Calendar 1926, 23 noncontroversial, regular calendar. 24 THE SECRETARY: Calendar Number 25 1926, by Senator Spano, Senate Print 5654B, an

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(518) 371-8910 1 act to amend the Tax Law and others. 2 ACTING PRESIDENT LITTLE: There 3 is a local fiscal impact note at the desk. 4 Read the last section. 5 THE SECRETARY: Section 9. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. Nays, 11 1. Senator Valesky recorded in the negative. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 Senator Skelos. 15 SENATOR SKELOS: Madam President, 16 if we could go to Supplemental Calendar B and 17 take up Calendar Number 1962, controversial. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 The Secretary will read Calendar 21 Number 1962, on the controversial reading of 22 Supplemental Calendar B. And the Secretary 23 will ring the bell. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1962, substituted earlier today by Member of 2 the Assembly Diaz, Assembly Print Number 3 8376A, an act to amend the Insurance Law. 4 SENATOR SCHNEIDERMAN: 5 Explanation. 6 ACTING PRESIDENT LITTLE: Senator 7 Seward, for an explanation. 8 SENATOR SEWARD: Certainly, Madam 9 President. 10 This is one piece of our 11 multifaceted antifraud package that this house 12 has passed on a number of occasions. And I'm 13 very pleased that this particular part of that 14 package has received support and passage in 15 the other house a day or two ago under the 16 sponsorship of Assemblyman Diaz. 17 And this particular bill requires 18 the Superintendent of Insurance, in 19 consultation with the Commissioner of Health 20 and the Commissioner of Education, to 21 establish a process for decertifying those 22 healthcare providers who engage in deceptive 23 billing or fraudulent practices and making 24 them ineligible to submit bills or claims for 25 payment under the no-fault auto insurance

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(518) 371-8910 1 program. 2 ACTING PRESIDENT LITTLE: Thank 3 you, Senator. 4 Senator Montgomery. 5 SENATOR MONTGOMERY: Yes, Madam 6 President. I just want to point out that 7 although I'm going to be supporting this 8 legislation, I do have a bit of a concern that 9 we may be going a little far in protecting 10 providers as opposed to considerations for 11 consumers. 12 And so I want to just register that 13 concern, but I am going to be voting yes. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Is there any other Senator wishing 17 to be heard? 18 The debate is closed. 19 The Secretary will ring the bell. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Seward, to explain his vote. 3 SENATOR SEWARD: Thank you, Madam 4 President. 5 I'm very pleased with the support 6 that this legislation is receiving today. 7 But for the record, I would just 8 like to state that this measure is designed to 9 address the unlawful and abusive conduct that 10 has driven up the cost of auto insurance in 11 this state, including the solicitation of 12 patients through the use of runners and the 13 knowing submission of false claims to no-fault 14 carriers, such as billing for treatments that 15 were never provided. 16 In this regard, I believe it is 17 important to note that this measure does not 18 permit the deauthorization of a provider under 19 no-fault as a result of simple coding disputes 20 that often take place between the insurers and 21 health providers regarding how to 22 appropriately describe, in a numerical code, 23 the service rendered by a physician, such as a 24 difference of opinion regarding the 25 appropriate evaluation and management codes

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(518) 371-8910 1 that physicians use to describe the time and 2 complexity of a particular patient's visit. 3 Instead, this measure is designed 4 to address situations where a provider submits 5 a claim stating that they performed a 6 particular diagnostic procedure or test, such 7 as an MRI, and in fact never actually 8 performed that diagnostic procedure or test. 9 I would also note that there is 10 nothing in this legislation that would permit 11 auto insurance companies to establish 12 standards of medical care and by extension 13 seek to deauthorize providers who do not 14 follow such standards. 15 With that on the record, Madam 16 President, I vote aye. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Seward will be recorded in 20 the affirmative. 21 Senator DeFrancisco, to explain his 22 vote. 23 SENATOR DeFRANCISCO: Yes, I'm 24 going to vote yes. I don't think anyone 25 should be voting against an antifraud measure

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(518) 371-8910 1 that saves taxpayers money and consumers 2 money. 3 The problem is there's also 4 activities on behalf of insurance companies 5 that I believe don't fairly pay claims. And 6 I've had a bill languishing in this house for 7 years, which I drafted, which passed the 8 Assembly, called the Unfair Claims Act, which 9 gives the consumer a remedy when a claim, at 10 least on a homeowner's policy, is not honored 11 and there's no basis for it not being honored 12 other than the stronger financial capabilities 13 of an insurance carrier as opposed to a 14 homeowner. 15 And I keep mentioning this because 16 I hope someday we will recognize that, if not 17 fraud, there is certainly an unequal balance 18 of authority and power on behalf of the 19 carriers to decline policyholders their due 20 recovery on policies, which are just not fair. 21 And there should be some remedy for consumers 22 as well, just as here there's a remedy for 23 carriers against those consumers who are not 24 doing the right thing. 25 So I'll vote in favor of this and

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(518) 371-8910 1 continue to wait patiently for some balance. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator DeFrancisco will be 5 recorded in the affirmative. 6 The Secretary will announce the 7 results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1962 are 10 Senators Andrews, Connor, Dilan, Duane, 11 Hassell-Thompson, Parker, Paterson, Sampson, 12 Schneiderman, Serrano, A. Smith and Stavisky. 13 Those Senators absent from voting: 14 Fuschillo, Gonzalez, and C. Kruger. 15 Ayes, 45. Nays, 12. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 on Supplemental Calendar B would you please 21 call up Calendar Number 1966, by Senator 22 Leibell. I believe this is on the 23 controversial reading. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 The Secretary will read Calendar 2 Number 1966, on the controversial Supplemental 3 Calendar B, by Senator Leibell. 4 THE SECRETARY: Calendar Number 5 1966, by Senator Leibell, Senate Print 5927, 6 an act to amend the Public Authorities Law and 7 others. 8 SENATOR MONTGOMERY: Explanation. 9 ACTING PRESIDENT LITTLE: An 10 explanation has been requested of Senator 11 Leibell. 12 SENATOR LEIBELL: Thank you, 13 Madam President. 14 Madam President, this is certainly 15 going to be one of the most significant pieces 16 of legislation to come before the Senate and 17 the Assembly during this session. 18 There have been a great many 19 questions raised about public authorities over 20 the last couple of years. It's probably 21 important for us, as we discuss this issue, to 22 keep in mind what authorities have done for 23 our state over the course of the last few 24 generations. 25 Most of us are well aware of the

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(518) 371-8910 1 role of the Port Authority, Power Authority, 2 Thruway, Dormitory, canal, housing authorities 3 and the billions of dollars that they 4 represent, as well as the airport authorities 5 and the bridge and tunnel authorities. 6 Numerous questions have been raised 7 with respect to the important roles that these 8 authorities play, state as well as local 9 authorities. There's been an issue as to 10 whether or not the public and even the 11 Legislature and the Executive know how these 12 authorities operate. 13 What we have attempted to do over 14 the last almost two years now is to get a 15 better grasp for how these authorities operate 16 and to find ways in which they can be 17 improved. 18 First, I'd like to thank our 19 Majority Leader, Senator Bruno, for his active 20 involvement, support and encouragement. And I 21 would note also for our colleagues that this 22 has been a partnership, because at every step 23 of the way, as the Majority has proceeded, 24 similarly, Senator Ada Smith, the ranking 25 Minority member, has proceeded also.

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(518) 371-8910 1 We have conducted, together, 2 hearings throughout the state. We've reviewed 3 testimony, we've taken comment, and we've 4 tried to learn from all those who have an 5 interest and are participants in the 6 authorities of our great state. 7 What we have today is a 8 commencement. It is by no means a conclusion. 9 We are still waiting for the Governor's task 10 force to give us additional thoughts in this 11 area, as well as our own committees are going 12 to be continuing to work. The legislation is 13 aimed at restoring public confidence, and it 14 has certain key elements. 15 We would also note that Senator 16 Winner did, the other day, his -- gave us the 17 other day his procurement piece, which is 18 certainly a major reform piece. We also have 19 another piece involved, which Senator Smith 20 and I have worked on, involving subsidiaries 21 of our authorities. 22 This legislation -- and I would 23 also note that as we go through this 24 significant reform, this is not the first time 25 that this body has considered reforming

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(518) 371-8910 1 authorities. Key reforms have gone back to 2 the 1939 state constitutional convention, the 3 1956 review of authorities, the 1968 4 constitutional convention. 1972 through 1976 5 led to the PACB reform. 6 So there have been numerous 7 occasions and many opportunities to look at 8 these authorities. But we have been concerned 9 with the erosion of public confidence, which 10 is why we are here today. 11 This is a good, solid first step. 12 First, we commence the much-needed legal 13 definitional process of this area of the law, 14 defining for the first time the terms "state 15 authority," "local authority," "interstate or 16 international authority" and "affiliate." 17 We then expand the boards of 18 several important authorities to the workable 19 size of seven, to permit the formation of 20 audit and corporate governance committees. 21 We provide corporate governance 22 reform by separating the roles of the chairman 23 and the chief executive officers of several of 24 our most important authorities. 25 We attempt to improve transparency,

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(518) 371-8910 1 disclosure, accountability by requiring public 2 authorities to submit, with their annual 3 report, a debt issuance report card, a 4 compensation schedule, an inventory of 5 projects undertaken by authority during the 6 last year, an inventory of all real property, 7 and the authority's code of ethics, as well as 8 an assessment of the authority's internal 9 control structure and procedures. 10 This bill will require public 11 authorities to make documentation available on 12 official Internet websites pertaining to its 13 mission, current activities, most recent 14 financial reports, current year budget, and 15 its most recent independent audit report. 16 Further, it requires public 17 authority boards to approve their financial 18 reports and to have them certified by their 19 CEOs and CFOs. It requires all state 20 authorities to submit annual budget reports to 21 Governor and the Legislature and, in the case 22 of local authorities, to submit such reports 23 to the CEO, CFO, and chair of the legislative 24 body of the local government or governments. 25 It requires all public authorities

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(518) 371-8910 1 to have an independent financial audit, an 2 audit committee, and to hire a certified 3 public accounting firm to perform such 4 independent audit, in accordance with 5 generally accepted auditing standards, and to 6 provide copies of such audits to the Governor 7 and the Legislature. 8 To have the certified public 9 accounting firm which performs the authority's 10 independent audit to timely report back to the 11 authority's audit committee, including 12 management's response or plan of corrective 13 action. 14 To require the certified public 15 accounting firm which performs the public 16 authority's independent audit to change the 17 lead audit partner after five years. 18 To prohibit the certified public 19 accounting firm which performs the public 20 authority's independent audit from also 21 providing contemporaneous non-audit services 22 for the authority, and to prohibit the 23 certified public accounting firm which 24 performs the public authority's independent 25 audit, if a member of the financial management

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(518) 371-8910 1 team of the authority that was employed by 2 such firm within an year of the initiation of 3 the audit, to prohibit -- I'm sorry, to 4 prohibit the certified public accounting firm 5 to perform the public authority's independent 6 audit if a member of the financial management 7 team of the authority was employed by such 8 firm within a year of the initiation of the 9 audit. 10 And it provides for corporate 11 governance reform by requiring public 12 authorities to define the role and 13 responsibility of authority board members to 14 promote the education and independence of 15 board members, to require board members to 16 file financial disclosure, to prohibit board 17 members from accepting personal loans, and to 18 require boards to establish an audit committee 19 and a corporate governance committee. 20 This bill would further promote 21 increased accountability, ethics and public 22 confidence by making provisions concerning the 23 disposition of property of public authorities, 24 including the establishment of duties and 25 disposal guidelines with respect to the

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(518) 371-8910 1 disposition of the property of the 2 authorities. 3 It also permits the Senate Finance 4 and Assembly Ways and Means Committee and 5 their secretaries to be provided with all 6 public authority data, information or 7 statements as may be necessary for the proper 8 exercise of their powers and duties. 9 It also directs the establishment, 10 within the Executive Department, of an 11 organization to provide the Governor and the 12 Legislature with information, conclusions and 13 opinions concerning the operations and 14 performance of authorities. 15 And, finally, the bill would 16 establish a new Article 4A of the Executive 17 Law to codify the Executive order establishing 18 an Office of the State Inspector General, to 19 provide for his term and compensation, and 20 include within his jurisdiction with respect 21 to public authorities. 22 As I noted, this is a bill that is 23 very, very comprehensive. It is, I believe, 24 the most dramatic reform we've seen in the 25 history of our state's authorities. It is a

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(518) 371-8910 1 bill also which commences the reform process 2 but does not complete it. 3 And I would note that, once again, 4 we're very grateful for the working 5 relationship we have had with Senator Smith 6 and her staff throughout this process. 7 ACTING PRESIDENT LITTLE: Thank 8 you, Senator Leibell. 9 Senator Montgomery. 10 SENATOR MONTGOMERY: Yes, Madam 11 President, if the sponsor, Senator Leibell, 12 would yield. 13 ACTING PRESIDENT LITTLE: Senator 14 Leibell, do you yield for a question? 15 SENATOR LEIBELL: Yes. 16 ACTING PRESIDENT LITTLE: The 17 Senator yields. 18 SENATOR MONTGOMERY: Yes. 19 Senator Leibell, you may have said this 20 initially, but I didn't hear it. Is there a 21 three-way or two-way agreement on this 22 legislation? 23 SENATOR LEIBELL: I'm sorry, I 24 didn't say that, Senator. 25 There is a three-way agreement

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(518) 371-8910 1 between the Assembly, the Executive and this 2 house. 3 SENATOR MONTGOMERY: All right. 4 Thank you. 5 Madam President, just briefly on 6 the bill. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 SENATOR MONTGOMERY: I want to 10 thank the members who have worked very hard to 11 come up with what I think is a very good 12 beginning in terms of reform of the 13 authorities. 14 The taxpayers of the State of 15 New York assume the responsibility, obligation 16 for the debt service created by these 17 authorities, and it's often that it's done in 18 such a secret manner and in a way that there 19 is no accountability to the public. And so 20 therefore, it's sort of a -- it's been a 21 runaway group of freight trains. And we, I 22 think, need to and, very appropriately, have 23 come up with a proposal which will bring them 24 into line as it relates to the oversight. 25 I'm very pleased to see that

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(518) 371-8910 1 there's transparency required of the 2 authorities, that they have information on 3 their websites so citizens can see what -- the 4 activities that they've been engaging in. I'm 5 very happy to see that there will be an 6 independent audit on the activities of the 7 public authorities, all of them. 8 And I'm very happy to see that 9 there's been reform in the board members 10 themselves, that we now will know who is on 11 the board of the authority and will have 12 access to their financial disclosure 13 information. 14 I'm happy to see that there is an 15 independent inspector general created with 16 this legislation in the office of the 17 Executive, so that we now at least have some 18 official office to oversee these authorities, 19 and that there will be a report that will come 20 to us in a way that we can review what has 21 been happening and know at all times what is 22 the extent of the debt, outstanding debt 23 service, and what it's for and all of that. 24 If we pass Senator Leibell's 25 bill -- hopefully we will -- and that the

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(518) 371-8910 1 Assembly will agree on the subsidiary 2 legislation, I think that will also be very -- 3 an important bill to match with this one. 4 Certainly I understand that we 5 didn't go as far as maybe Senator Leibell and 6 some of the sponsors, the cosponsors, would 7 have liked. However, this is a very important 8 and significant and good step in the right 9 direction, and so I am happy to support this. 10 I think, on behalf of the 11 constituents that I serve who have lots of 12 issues and problems with the way the 13 authorities operate, especially as it relates 14 to some of the projects in my own district, I 15 think that they will be very grateful and very 16 happy that we have made this one of the things 17 that we've accomplished in this particular 18 legislative session. 19 So, Madam President, I am happy to 20 support this legislation. 21 ACTING PRESIDENT LITTLE: Thank 22 you, Senator Montgomery. 23 Senator Krueger. 24 SENATOR LIZ KRUEGER: Thank you, 25 Madam President. If the sponsor would yield,

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(518) 371-8910 1 please. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Leibell, do you yield for a 5 question? 6 SENATOR LEIBELL: Yes. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Yes, the Senator yields. 10 SENATOR LIZ KRUEGER: Thank you. 11 I want to thank you for the work on 12 this bill and for your very detailed 13 explanation. It is a dense and complex bill, 14 and I think it does address many of the 15 concerns that so many of us have had about 16 public authorities and the fact that we take 17 responsibility away from ourselves by creating 18 these independent authorities and then never 19 seem to go back and watch or care. 20 But I still have a few questions. 21 So through you, Madam President, this does 22 include IDAs for some of the same standards as 23 other public authorities. Does this change in 24 any way the role of the Public Authority 25 Control Board vis-a-vis --

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(518) 371-8910 1 SENATOR LEIBELL: No. 2 SENATOR KRUEGER: -- authorities 3 or IDAs or the process? 4 SENATOR LEIBELL: No, Senator. 5 SENATOR LIZ KRUEGER: No, they 6 don't. Thank you. 7 Now, it also lays out many more 8 responsibilities for reporting and reporting 9 to us and to the public. But I don't see any 10 sections on penalties if public authorities 11 don't meet these new requirements. 12 Is there a penalties section and I 13 just didn't get to it because it's such a big 14 bill? 15 SENATOR LEIBELL: There is not. 16 SENATOR LIZ KRUEGER: So if I -- 17 SENATOR LEIBELL: What you have, 18 though, is you have an inspector general who's 19 created who would then be able to go in and do 20 a necessary report and make comment on their 21 failures. 22 SENATOR LIZ KRUEGER: Madam 23 President, if, through you, the sponsor will 24 continue to yield. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Leibell, do you continue to yield? 2 SENATOR LEIBELL: Yes. 3 ACTING PRESIDENT LITTLE: The 4 Senator yields. 5 SENATOR LIZ KRUEGER: Thank you. 6 And your last answer triggered this question I 7 had. 8 So that there is a requirement for 9 independent auditors, which is great. And 10 actually GAAP budget standards have to be 11 followed, which we should follow in the state 12 budget as well, so I'm glad to see we're 13 mandating it for our authorities. 14 But up until now, it's my 15 understanding the Comptroller's office has had 16 the role of auditing or investigating problems 17 with public authorities and IDAs. And in this 18 legislation, the division of an inspector 19 general, budget -- wait, I'm going to get the 20 name wrong. But it's within the inspector 21 general's office, I believe, which is an 22 Executive office, and then a Division of 23 Budget authority -- I'm losing the term, but I 24 think you know what I mean. 25 SENATOR LEIBELL: I know what you

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(518) 371-8910 1 mean, Senator. 2 SENATOR LIZ KRUEGER: Thank you. 3 So does the Comptroller's office 4 have no role anymore in evaluating or 5 auditing? 6 SENATOR LEIBELL: They would have 7 concurrent jurisdiction. 8 SENATOR LIZ KRUEGER: They would 9 have parallel jurisdiction. Thank you. 10 I think just one -- if, through 11 you, Madam President, one additional question. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Leibell, do you yield for 15 another question? 16 SENATOR LEIBELL: Yes, Madam 17 President. 18 ACTING PRESIDENT LITTLE: The 19 Senator yields. 20 SENATOR LIZ KRUEGER: Thank you. 21 Again, as I said, I find that 22 overall this bill moves us absolutely in the 23 right direction. 24 But I have -- I do have one 25 concern. It actually gives, in creating

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(518) 371-8910 1 larger boards with even more, statistically, 2 of the members being appointed by the 3 Governor, it actually seems to shift power 4 over public authorities to some degree further 5 to the Executive. And again, we've created 6 the investigative arm in the -- excuse me, in 7 the investigator general's office. 8 Are we shifting a little too much 9 of the authority to the Executive in response 10 to the balance we have now? Even though I 11 completely support having far more oversight 12 and review and mandated reporting. 13 SENATOR LEIBELL: We would still 14 have, of course, our legislative oversight. 15 We will have more legislative oversight than 16 ever before. There is more authority for, I 17 think, the Executive. There is still 18 tremendous authority for the State 19 Comptroller. 20 So I think we've tried to build a 21 redundancy into this legislation that there 22 will be controls from the Executive branch, 23 through the Comptroller, through the 24 Governor's office himself and their inspector 25 general, and through the Legislature.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Madam 2 President, I know I said I had my final 3 question, but I just realized one more. Would 4 the sponsor humor me and give me one more 5 question? 6 ACTING PRESIDENT LITTLE: Senator 7 Leibell, one more question, please? 8 SENATOR LEIBELL: Sure. 9 Just to respond to your previous 10 question, which -- 11 SENATOR LIZ KRUEGER: Yes. 12 SENATOR LEIBELL: -- you had 13 asked about penalties. There are always the 14 penalties if anybody puts in a fraudulent 15 document. Those penalties are there. 16 SENATOR LIZ KRUEGER: If, through 17 you -- thank you, Madam President. 18 We have discussed, I think, on this 19 floor in the past when public authorities have 20 come up, and based on audits that have come 21 out, that it's a reasonable question that 22 maybe we shouldn't have so many public 23 authorities in this state and that some of 24 these could be -- are duplicative or could be 25 combined. The question of 117, I believe,

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(518) 371-8910 1 IDAs. 2 Is there anything within this bill 3 that proposes either evaluating the current 4 structure of the number of different 5 authorities we have or makes recommendations 6 for some kind of task force to look into that 7 question of do we have the right ones, should 8 we be changing the formula? 9 SENATOR LEIBELL: Actually, 10 that's one of the things that Senator Smith 11 brought up as we went through our processes. 12 That's an area that Senator Smith has been 13 working on also. 14 And I would anticipate that that's 15 one of the things that we have yet to close 16 down on and that we will be working on over 17 the summer and fall to try to come up with a 18 legislative solution on that: how you take 19 these authorities, if necessary, to 20 consolidate them and, if they've outlived 21 their usefulness, how do you take away their 22 existence. 23 SENATOR LIZ KRUEGER: Right. 24 Thank you, Madam President. On the 25 bill.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Krueger, on the bill. 4 SENATOR LIZ KRUEGER: Thank you. 5 Well, at the risk of shocking this 6 house, I'm very pleased with this bill. I 7 want to applaud everyone who was involved on 8 both sides and in both houses, and the 9 Governor's office, for moving us this far. I 10 think we've known we needed to do this for 11 many years. And the fact that we are standing 12 here today voting it through and believing we 13 have a three-way deal I think is very good 14 news for the people of the State of New York. 15 As Senator Leibell just said, 16 there's more work to be done, there are more 17 questions to deal with. And I think as this 18 is implemented over the next year or two, and 19 we expect to see dramatically more information 20 becoming available to the public because of 21 the reporting requirements and the new 22 mandates, I think that we'll have new 23 questions about how these authorities are 24 operating and whether they're appropriate or 25 necessary. And there will be more questions

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(518) 371-8910 1 because there's, as someone else just said, 2 there's more transparency. And so we'll find 3 other things that we need to address with 4 further legislation. 5 But I must say I'm very pleased 6 that we are moving down this road. And I 7 think this is an excellent beginning. And I 8 want to thank the sponsor for his work and say 9 that I think this is a situation where all 10 three levels of government did some good work 11 and we're getting a bill that we can be proud 12 of. 13 Thank you, Madam President. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Farley. 17 SENATOR FARLEY: Yes, thank you, 18 Madam President. I rise to applaud Senator 19 Leibell and Senator Smith, who worked together 20 on this. 21 I think this was one of the most 22 herculean assignments that was ever given to 23 senators to try to resolve. And there were 24 many people that felt that this was something 25 that would never come to fruition, which was

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(518) 371-8910 1 very, very, very difficult, and something that 2 needed to be addressed. 3 And to see that this -- you know, 4 we've look at things that we accomplished here 5 this year. This is a major accomplishment 6 that has been done in our Senate and in the 7 Assembly, everybody working together, the 8 second floor. And it is really significant 9 that this authorities reform has come to pass 10 in this year. 11 And, Senator Leibell, you are to be 12 applauded for taking on a job that many people 13 did not, never thought could be accomplished. 14 And it is truly a credit, not only to this 15 house, but to the entire legislative process 16 and the negotiating process that this has come 17 to pass. 18 And, Senator Smith, I also applaud 19 you for your cooperation and help working with 20 in a bipartisan manner to make this happen. 21 I'm going to vote aye. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Schneiderman. 25 SENATOR SCHNEIDERMAN: Very

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(518) 371-8910 1 briefly. 2 I'm pleased that, listening to 3 Senator Krueger, Senator Farley, Senator 4 Leibell, we're sort of kicking off the summer 5 of love here in a true bipartisan fashion. 6 I spent a lot of years, long before 7 I was in the Senate, dealing with issues 8 raised by authorities and representing public 9 interest groups against authorities. And 10 we're big on grandiose metaphors now, but if 11 this is a herculean effort, the authorities of 12 this state certainly have come, at times, to 13 resemble the Augean stables. 14 But I think it's clear that this 15 bill is an unusual step forward -- unusual 16 because, in this area of authorities reform, 17 the perfect has always been the enemy of the 18 possible. And I commend everyone involved in 19 both houses, on both sides of the aisle. 20 Senator Smith is getting a lot of love in this 21 summer of love here today. 22 There are issues still to be 23 addressed. As Senator Krueger and Senator 24 Montgomery pointed out, we have too many 25 authorities. We do need independent review.

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(518) 371-8910 1 But this is really a surprise and a pleasure 2 to many. And many of the public interest 3 groups I've represented in battles with the 4 authorities did not think this would come to 5 pass. 6 So congratulations to all -- 7 Senator, Senator. And let's get this done and 8 keep on going. 9 Thank you, Madam President. 10 ACTING PRESIDENT LITTLE: Thank 11 you, Senator. 12 Senator Smith. 13 SENATOR ADA SMITH: Thank you, 14 Madam President. 15 I would like to commend Senator 16 Leibell and his staff for a yeoman's job, the 17 many hours of dedication that they put into 18 ensuring that this bill came to fruition. 19 I would also like to commend 20 Senator Leibell for his negotiating skills in 21 being able to deal with Assemblyman Brodsky, 22 and who is -- and it all came through in the 23 Assembly. 24 SENATOR SCHNEIDERMAN: Love. 25 Love.

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(518) 371-8910 1 SENATOR ADA SMITH: That's with 2 love. I love Richard. 3 And I would like to thank the 4 members of the Assembly and the leadership 5 there, who were busy working to assure that 6 this became law. 7 And to Senator Bruno, I thank him 8 for allowing me to be able to work with my 9 colleague on the other side of the aisle. 10 And I look forward to next year 11 when we come back and tackle those things that 12 are still left to be done. 13 Thank you. 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator Smith. 16 Senator Leibell. 17 SENATOR LEIBELL: Thank you. 18 You know, as Senator Smith and I 19 went through this process, which was certainly 20 for me, I think, the most difficult 21 legislation I've ever worked on, I would like 22 to thank our counsel, Bob Farley; Heather 23 Mowat, from Senate Finance; Maston Sansom, 24 from our counsel's office; and I know Keith 25 St. John from your office also did a great

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(518) 371-8910 1 job. 2 So we've been blessed, all of us, 3 by very good staff people who worked hard and 4 long hours on this, and we thank them for 5 that. 6 And I certainly vote aye. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Skelos. 10 SENATOR SKELOS: Madam President, 11 I want to congratulate Senator Leibell and of 12 course all the people he mentioned and the 13 bipartisan effort that existed. 14 But I really think it's his 15 daughter, Martha, who is sitting behind him, 16 that came from Cornell as a junior and said -- 17 well, senior, now -- and said, "Let's get it 18 done," and it happened. 19 So congratulations to you, Martha. 20 ACTING PRESIDENT LITTLE: Thank 21 you, Senator. 22 Is there any other Senator wishing 23 to be heard? 24 Debate is closed, then. 25 The Secretary will ring the bell.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 31. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT LITTLE: Senator 8 LaValle, to explain his vote. 9 SENATOR LaVALLE: Thank you, 10 Madam President. 11 I want to compliment Senator 12 Leibell, who has worked very, very hard; 13 Senator Smith. 14 In his remarks, Senator Leibell 15 talked about the importance of our authorities 16 in delivering services that are so important 17 to the commerce of our state. Greater 18 transparency and the reform in this measure 19 will mean greater viability of our 20 authorities, greater confidence by the people. 21 And, Senator Leibell, this truly is 22 a monumental moment for this Legislature and 23 our state. You are to be congratulated. 24 I vote in the affirmative. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator LaValle will be recorded in 3 the will be recorded in the affirmative. 4 Senator Volker, to explain his 5 vote. 6 SENATOR VOLKER: Madam President, 7 quickly. 8 I just want to thank Senator 9 Leibell. With all the things that he's done 10 in this bill, he probably hardly even 11 remembers, but he was extremely cooperative -- 12 there were some problems related to the 13 authorities that we created in healthcare 14 areas, and one of them in particular was 15 Roswell Park. 16 And the way in which the bill was 17 drafted could have created some very severe 18 problems for Roswell Park in contracting and 19 things of that nature. But Senator Leibell 20 and his staff were extremely cooperative, and 21 as a result that problem was taken care of. 22 And the Roswell Park Cancer 23 Institute, that is competing with cancer 24 institutes all across the world, the country, 25 has been taken care of with its problem. And

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(518) 371-8910 1 I want to thank Senator Leibell for that. 2 And I vote aye. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Volker will be recorded in 6 the affirmative. 7 Senator DeFrancisco, to explain his 8 vote. 9 SENATOR DeFRANCISCO: Yes, I also 10 want to rise to support this bill. 11 You know, at the beginning of the 12 session there was a lot of talk about the need 13 for reform. And when you look at the session 14 as we stand right now, we've talked about 15 public authorities reform, the Kendra Law 16 reform, we've reformed some of the procedures 17 in this house, the voters will vote on budget 18 reform this coming November. So things are 19 really happening, and much to the better in 20 this house. 21 And to Hercules Leibell, we really 22 appreciate his efforts on this particular 23 piece of legislation. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator DeFrancisco in the 2 affirmative. 3 Senator Stachowski, to explain his 4 vote. 5 SENATOR STACHOWSKI: Yes, Madam 6 President, I too rise to congratulate Senator 7 Leibell on this bill. We look forward to 8 reform in the authority area. 9 I'd also like to join with Senator 10 Volker on thanking him for taking care of the 11 problems that Roswell might have faced had he 12 not looked into it. 13 And I want to assure him that while 14 he was speaking, at least seven members were 15 reading sailing and boating books in the 16 lounge. 17 (Laughing.) 18 SENATOR STACHOWSKI: I vote yes. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Stachowski voting in the 22 affirmative. 23 Senator Montgomery, to explain her 24 vote. 25 SENATOR MONTGOMERY: Yes, Madam

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(518) 371-8910 1 President, thank you. 2 I just want to rise to also commend 3 Senator Leibell. He was very gracious, has 4 met with people from my district and from the 5 New York City area. 6 I want to thank you for being 7 patient, listening, and incorporating some of 8 the concerns and issues that have been raised 9 by constituents in my district as well as 10 other districts across the state. 11 So this is really a good thing. We 12 have both sides of the aisle on the bill 13 reflecting a new -- what I would like to hope 14 is a new direction for our house and a new 15 level of professional cooperation between the 16 two, because we share some of the same issues 17 and concerns. So, Madam President, this is a 18 good thing. 19 And let me just say with all of the 20 hoopla and talk about reform, this really is 21 the clearest example that I can see of a real 22 reform that we'll be voting on today. 23 So I'm happy to vote yes. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Montgomery will be recorded 2 in the affirmative. 3 The Secretary will announce the 4 results. 5 THE SECRETARY: In relation to 6 Calendar Number 1966, those Senators absent 7 from voting: Senators Fuschillo, Gonzalez and 8 C. Kruger. 9 Ayes, 57. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 Senator DeFrancisco. 13 SENATOR DeFRANCISCO: Could you 14 please go to Supplemental Calendar A, in the 15 noncontroversial calendar; namely, Calendar 16 Number 1943. 17 ACTING PRESIDENT LITTLE: The 18 Secretary will read Calendar Number 1943 on 19 the noncontroversial Supplemental Calendar A. 20 THE SECRETARY: Calendar Number 21 1943, by Senator Leibell, Senate Print 5102, 22 an act to amend the Public Authorities Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: Madam 10 President, would you now go to Supplemental 11 Calendar B and one of the noncontroversial 12 bills on that calendar, 1959. 13 ACTING PRESIDENT LITTLE: The 14 Secretary will read Calendar Number 1959 on 15 the noncontroversial Supplemental Calendar B. 16 THE SECRETARY: Calendar Number 17 1959, substituted earlier today by Member of 18 the Assembly Espaillat, Assembly Print Number 19 8410A, an act to amend the Tax Law and the 20 Executive Law. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LITTLE: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. Nays, 4 2. Senators LaValle and Maltese recorded in 5 the negative. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: Yes, Madam 10 President. There will be an immediate meeting 11 of the Rules Committee. 12 And until they complete their work, 13 the Senate will stand at ease. 14 ACTING PRESIDENT LITTLE: 15 Immediate meeting of the Rules Committee in 16 the Majority Conference Room. 17 The Senate stands at ease. 18 (Whereupon, the Senate stood at 19 ease at 1:58 p.m.) 20 (Whereupon, the Senate reconvened 21 at 2:08 p.m.) 22 ACTING PRESIDENT MEIER: Senator 23 Skelos. 24 SENATOR SKELOS: Mr. President, 25 if we could return to reports of standing

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(518) 371-8910 1 committees, I believe there's a report of the 2 Rules Committee at the desk. I ask that it be 3 read at this time. 4 ACTING PRESIDENT MEIER: Reports 5 of standing committees. 6 The Secretary will read the report 7 of the Rules Committee. 8 THE SECRETARY: Senator Bruno, 9 from the Committee on Rules, reports the 10 following bills: 11 Senate Print 713B, by Senator 12 LaValle, an act to amend the Real Property Tax 13 Law; 14 979A, by Senator Morahan, an act to 15 amend the Public Health Law; 16 1772A, by Senator Meier, an act to 17 amend the Public Health Law; 18 3984C, by Senator Volker, an act to 19 amend the Executive Law; 20 4869A, by Senator Hannon, an act to 21 amend the Public Health Law; 22 5051A, by Senator Saland, an act to 23 amend the Education Law; 24 5117, by Senator Spano, an act to 25 amend the Public Health Law;

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(518) 371-8910 1 5398A, by Senator Maziarz, an act 2 to amend the Tax Law; 3 5429, by Senator Spano, an act to 4 amend the Civil Service Law; 5 5485A, by Senator Rath, an act 6 relating to providing; 7 5541, by Senator Oppenheimer, an 8 act to authorize; 9 5656C, by Senator Spano, an act to 10 amend the Public Health Law; 11 5835, by Senator Hannon, an act to 12 amend the Public Health Law; 13 5860, by the Senate Committee on 14 Rules, an act extending; 15 5911, by Senator Young, an act to 16 amend the Education Law; 17 5913, by Senator Marcellino, an act 18 authorizing; 19 5924A, by Senator DeFrancisco, an 20 act to amend the Court of Claims Act; 21 And Assembly Print Number 7699, by 22 Member of the Assembly Nolan, an act to amend 23 the Banking Law. 24 All bills ordered direct to third 25 reading.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Skelos. 3 SENATOR SKELOS: Mr. President, 4 move to accept the report of the Rules 5 Committee. 6 ACTING PRESIDENT MEIER: All in 7 favor of accepting the report of the Rules 8 Committee signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MEIER: Those 11 opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MEIER: The 14 report is accepted. 15 Senator Skelos. 16 SENATOR SKELOS: I believe we're 17 waiting for the active list to be distributed. 18 So if we could just stand at ease for a 19 moment. 20 ACTING PRESIDENT MEIER: The 21 Senate will stand at ease. 22 (Whereupon, the Senate stood at 23 ease at 2:11 p.m.) 24 (Whereupon, the Senate reconvened 25 at 2:14 p.m.)

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(518) 371-8910 1 SENATOR SKELOS: Mr. President. 2 ACTING PRESIDENT MEIER: Senator 3 Skelos. 4 SENATOR SKELOS: On each member's 5 desk there's a calendar that says Senate 6 Supplemental Calendar 62C. We will use this 7 as the active list. 8 So if we could go to that calendar, 9 starting with Calendar Number 293, 10 noncontroversial. 11 ACTING PRESIDENT MEIER: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 293, by Senator LaValle, Senate Print 713B, an 15 act to amend the Real Property Tax Law. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT MEIER: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1951, by Senator Morahan, Senate Print -- 3 SENATOR SCHNEIDERMAN: Lay it 4 aside. 5 ACTING PRESIDENT MEIER: Lay the 6 bill aside. 7 THE SECRETARY: In relation to 8 Calendar Number 1968, Senator Meier moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 4844 and substitute it 11 for the identical Senate Bill Number 1772, 12 Third Reading Calendar 1968. 13 ACTING PRESIDENT MEIER: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1968, by Member of the Assembly Gottfried, 18 Assembly Print Number 4844, an act to amend 19 the Public Health Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MEIER: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1969, Senator Volker moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 5380C and substitute it 9 for the identical Senate Bill Number 3984C, 10 Third Reading Calendar 1969. 11 ACTING PRESIDENT MEIER: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1969, by Member of the Assembly Perry, 16 Assembly Print Number 5830C, an act to amend 17 the Executive Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Andrews, to explain his vote. 2 SENATOR ANDREWS: Yes, Mr. 3 President, thank you. 4 I am honored and privileged to have 5 the opportunity to vote on this bill. Former 6 Congresswoman Shirley Chisholm was the 7 congresswoman of the district that I represent 8 now in the State Senate. 9 And to tell a little story, back in 10 1977, when I was a junior in college, she 11 spoke to our student body then as the 12 congresswoman of this district. And she 13 encouraged all the students at that time to 14 take advantage of their education and to use 15 their education to come back and help the 16 community. And from those inspiring words and 17 from her speech, that was one of the 18 motivational forces that got me involved in 19 public service. 20 So I want to congratulate and I'm 21 also honored to be a part of this bill. And 22 also noticing the calendar number, 1969, even 23 though she was elected in 1968, she took 24 office in 1969, so it's very appropriate. 25 And I want to be recorded in the

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(518) 371-8910 1 affirmative on this bill. 2 ACTING PRESIDENT MEIER: Senator 3 Andrews will be recorded in the affirmative. 4 Senator Hassell-Thompson, to 5 explain her vote. 6 SENATOR HASSELL-THOMPSON: Thank 7 you. 8 Mr. President, my colleague took my 9 line about 1969. 10 But I too want to thank Senator 11 Volker and this body for putting this bill 12 forward today. Shirley Chisholm, not only as 13 a woman of color, but a woman of Caribbean 14 extract, gave such an impetus and such a -- 15 became such an inspiration to so many people 16 because of the life that she lived as well as 17 the work that she did. 18 She started as a nurse, and I had 19 the opportunity to meet her very early in her 20 political life when our church asked her to be 21 the keynote speaker for Women's Day. And it 22 was historical in that it was the first time 23 that our pulpit had ever invited a woman to be 24 a speaker. The Baptist Church is very 25 conservative when it comes to women in the

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(518) 371-8910 1 pulpit. They've come a long way since those 2 days. But certainly someone of Shirley's 3 stature was what made the difference. 4 But I think to the women, and 5 particularly for women like me, who at that 6 age were looking for someone to inspire us, to 7 change the way we looked at life and to decide 8 that we didn't have to settle for just being 9 nurses or just being teachers or just being 10 married women, that there were things that we 11 could accomplish. And she opened the door, in 12 many respects, for a lot of us, and for that I 13 am very grateful. 14 And I have tried to pattern my life 15 so much like hers. Her book Unbought and 16 Unbossed was truly who she was. And I hope 17 that those things can be said of me when I 18 have finished my political life. 19 And I thank this body for this 20 commemoration of her as a woman who not only, 21 as I said, opened the doors for people of 22 color but gave a new impetus to women in terms 23 of what we could do if we chose. 24 ACTING PRESIDENT MEIER: Senator 25 Hassell-Thompson will be recorded in the

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(518) 371-8910 1 affirmative. 2 Senator Ada Smith, to explain her 3 vote. 4 SENATOR ADA SMITH: Thank you, 5 Mr. President. 6 I would really love to commend 7 Senator Volker for this bill. As many of you 8 know, I started in this business as an aide to 9 Congresswoman Shirley Chisholm. She was not 10 only a mentor, but a friend. 11 All of the things that you've ever 12 read or heard about her are true. But most of 13 all, she had a marvelous sense of humor and 14 she believed in educating young people and in 15 the art of politics. And she had a fervent, 16 fervent thrust for education. And she tried 17 to instill that in all of us who worked for 18 her. 19 And I may have said on this floor 20 earlier that at her funeral, former 21 Assemblyman, now Clerk of the City of New York 22 Victor Robles, who also worked for her, 23 Supreme Court Justice Valerie Brathwaite 24 Nelson, who is in the Queens Supreme Court -- 25 and just last week we lost one of those staff

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(518) 371-8910 1 people who had been with us from the 2 beginning, Brenda Pillors, who up until last 3 week was the chief of staff to Congressman Ed 4 Towns. 5 She leaves a legacy of many of us 6 in government. And none of us would have been 7 able to survive in these rough waters without 8 the steering of Shirley Anita Chisholm. 9 And I thank you so much, Senator 10 Volker, for this honor. And I vote in the 11 affirmative. 12 ACTING PRESIDENT MEIER: Senator 13 Ada Smith will be recorded in the affirmative. 14 Senator Montgomery, to explain her 15 vote. 16 SENATOR MONTGOMERY: Yes, Mr. 17 President. 18 I rise to thank Senator Volker for 19 introducing the legislation establishing the 20 Shirley Chisholm commemoration. And in fact, 21 Shirley Chisholm represented the district that 22 I represent now, in Congress. And there are 23 many people in my district who still live 24 today who worked very closely with Shirley 25 Chisholm. She established the Shirley

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(518) 371-8910 1 Chisholm Cultural Institute, which still 2 exists and still carries the legacy that 3 Shirley Chisholm left, as explained by Senator 4 Smith, of a woman who always looked back and 5 was concerned about the little people in her 6 district that she represented. 7 So we thank you. It's certainly an 8 honor to be able to speak about her in this 9 Legislature, as one of the people who follows, 10 in a sense, in her footsteps. So thank you. 11 Thank you, Mr. President. 12 ACTING PRESIDENT MEIER: Senator 13 Montgomery will be recorded in the 14 affirmative. 15 Senator Volker, to explain his 16 vote. 17 SENATOR VOLKER: Yeah, very 18 quickly to explain my vote. 19 Some people might wonder why I have 20 a bill. I knew Shirley Chisholm. She spent 21 some time in Western New York, and I won't get 22 into it. She was a wonderful person. 23 I also want to say, and I know it's 24 a little bit unusual procedure, you can't do 25 what we do, which is say if you want to be on

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(518) 371-8910 1 the bill, because it's a bill. But if anybody 2 would like to buck-slip onto the bill, I'd be 3 happy to slip, if anybody would. A number of 4 people have, and I'm more than happy to do 5 that to anybody that would like it. 6 She was a great person. And what 7 this does, so you understand, it makes a day 8 of remembrance. It's not a holiday or 9 anything, it's a day of remembrance on her 10 birthday. 11 I vote aye. 12 ACTING PRESIDENT MEIER: Senator 13 Volker will be recorded in the affirmative. 14 Senator Stavisky, to explain her 15 vote. 16 SENATOR STAVISKY: Yes, I 17 remember Shirley Chisholm when she served in 18 the Assembly before she went to Congress. And 19 in her book Unbought and Unbossed, she spoke 20 about the difficulties that she encountered. 21 And interestingly, she said she felt more 22 prejudice against her because she was a woman 23 than because she was African-American. 24 So on behalf of the women in the 25 Legislature, she set the standard for us to

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(518) 371-8910 1 follow. And I'm delighted to join and thank 2 Senator Volker and Senator Smith and Senator 3 Montgomery and all of the other people -- 4 Senator Andrews and all of the other people 5 who continue her legacy today. 6 Thank you, Mr. President. 7 ACTING PRESIDENT MEIER: Senator 8 Stavisky will be recorded in the affirmative. 9 Announce the results. 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1970, Senator Hannon moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 7162A and substitute it 17 for the identical Senate Bill Number 4869A, 18 Third Reading Calendar 1970. 19 ACTING PRESIDENT MEIER: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1970, by Member of the Assembly Dinowitz, 24 Assembly Print Number 7162A, an act to amend 25 the Public Health Law.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect April 1, 2006. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1971, by Senator Saland, Senate Print 5051A, 13 an act to amend the Education Law. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1972, Senator Spano moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 3029A and substitute it 3 for the identical Senate Bill Number 5117, 4 Third Reading Calendar 1972. 5 ACTING PRESIDENT MEIER: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1972, by Member of the Assembly Pretlow, 10 Assembly Print Number 3029A, an act to amend 11 the Public Health Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect -- 16 SENATOR SPANO: Lay it aside for 17 the day, please. 18 ACTING PRESIDENT MEIER: Lay the 19 bill aside for the day. 20 THE SECRETARY: In relation to 21 Calendar Number 1973, Senator Maziarz moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 7385A and substitute it 24 for the identical Senate Bill Number 5398A, 25 Third Reading Calendar 1973.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: 2 Substitution order. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1973, by Member of the Assembly Farrell, 6 Assembly Print Number 7385A, an act to amend 7 the Tax Law. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 SENATOR DUANE: Lay it aside. 11 ACTING PRESIDENT MEIER: Lay the 12 bill aside. 13 THE SECRETARY: In relation to 14 Calendar Number 1974, Senator Spano moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 8246 and substitute it 17 for the identical Senate Bill Number 5429, 18 Third Reading Calendar 1974. 19 ACTING PRESIDENT MEIER: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1974, by Member of the Assembly Abbate, 24 Assembly Print Number 8246, an act to amend 25 the Civil Service Law.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1975, Senator Rath moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 8346A and substitute it 15 for the identical Senate Bill Number 5485A, 16 Third Reading Calendar 1975. 17 ACTING PRESIDENT MEIER: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1975, by Member of the Assembly Schimminger, 22 Assembly Print Number 8346A, an act relating 23 to providing an accidental death benefit. 24 ACTING PRESIDENT MEIER: There is 25 a home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1976, Senator Oppenheimer 12 moves to discharge, from the Committee on 13 Rules, Assembly Bill Number 8673 and 14 substitute it for the identical Senate Bill 15 Number 5541, Third Reading Calendar 1976. 16 ACTING PRESIDENT MEIER: 17 Substitution ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1976, by the Assembly Committee on Rules, 21 Assembly Print Number 8673, an act to 22 authorize the Village of Scarsdale. 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, 59. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1977, by Senator Spano, Senate Print 5656C, an 11 act to amend the Public Health Law and the 12 Public Authorities Law. 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 ACTING PRESIDENT MEIER: Senator 21 Spano, to explain his vote. 22 SENATOR SPANO: Mr. President, 23 this bill represents a part of a package of 24 three bills that will provide both short-term 25 and long-term relief for the Westchester

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(518) 371-8910 1 County Medical Center. 2 It puts in place a mechanism for 3 accountability for the board, creation of a 4 financial improvement board of that medical 5 center, long-term relief financial resources 6 for that hospital, a maintenance of effort to 7 require the County of Westchester to continue 8 their financial support of this center, and 9 continuing support of this center as a 10 regional healthcare facility in the Hudson 11 Valley that provides the only trauma unit 12 between Albany and New York City, the only 13 burn center between Albany and New York City, 14 and State of New York psychiatric care and 15 behavioral health services and critical 16 services to geriatric care in their nursing 17 home. 18 We're hopeful that the Assembly 19 will join with us with this package of bills 20 so we can send them to the Governor to provide 21 the type of long-term relief to the employees 22 and to the people who utilize this great 23 facility. 24 I vote aye. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Spano will be recorded in the affirmative. 2 Senator Leibell, to explain his 3 vote. 4 SENATOR LEIBELL: Thank you, Mr. 5 President. 6 I think most of our colleagues over 7 the course of the last few months have heard a 8 great deal about the Westchester Medical 9 Center, regardless of the area of the state 10 you're from. And as Senator Spano pointed 11 out, this is not only for Westchester County, 12 which I have the honor of representing with a 13 number of my colleagues, but important for the 14 entire region. 15 I will say to you that there was a 16 tragic fire not too long ago in the Albany 17 area. And I was listening to the morning 18 news, and one of the comments that was made by 19 the announcer was that this person had been 20 critically burned and was being helicoptered 21 down to Westchester Medical Center from the 22 state capital. 23 So this has been a particularly 24 critical issue for us, as with many hospitals 25 and major health facilities. It's had severe

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(518) 371-8910 1 financial challenges. All of us have worked 2 hard on this. But I'd especially like to 3 compliment Senator Spano because as the leader 4 of our delegation and s someone who has put 5 tremendous effort into this, this is 6 critically important and could not have 7 occurred today without his efforts. We thank 8 you, Senator Spano. 9 And hopefully the Westchester 10 Medical Center will look forward to a long and 11 bright future. 12 I vote aye. 13 ACTING PRESIDENT MEIER: Senator 14 Leibell will be recorded in the affirmative. 15 Senator Bonacic, to explain his 16 vote. 17 SENATOR BONACIC: Thank you, Mr. 18 President. 19 I've always said that I would never 20 like to see a hospital go out on my watch in 21 my district. And a good example of watching 22 the efforts of Senator Spano on how hard he 23 worked over the last few weeks, along with 24 Senator Leibell and all of my colleagues on 25 the other side of the aisle, to keep this

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(518) 371-8910 1 regional hospital. 2 I have constituents from Ulster 3 County, Sullivan County, Orange County, all go 4 to Westchester County for specialized 5 services. And with healthcare being under 6 fiscal stress on all levels, it is imperative 7 to show leadership and bipartisan support to 8 keep this regional hospital open. 9 I congratulate all my colleagues 10 from Westchester, on both sides of the aisle, 11 for getting it done. 12 ACTING PRESIDENT MEIER: Senator 13 Bonacic will be recorded in the affirmative. 14 Senator Hassell-Thompson, to 15 explain her. 16 SENATOR HASSELL-THOMPSON: Thank 17 you, Mr. President. 18 Again, I wish to thank this body 19 for their support of us in Westchester as we 20 make an attempt to save a hospital that, as 21 you've heard from Senator Bonacic and from 22 Senator Leibell, that serves a region as 23 opposed to just the people of Westchester. 24 This is an extraordinary facility. 25 And I know that all of you are aware of the

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(518) 371-8910 1 kinds of financial difficulties we've been 2 experiencing. But without your help, we would 3 not be able to rescue this hospital. 4 And know that we are as concerned 5 about how we comport ourselves in the future 6 and the kinds of monitoring that needs to 7 happen to ensure that we don't find ourselves 8 in this kind of financial situation again will 9 be at the top of the agenda of all of us who 10 represent Westchester in any part. 11 Westchester Medical Center, for me 12 at the age 9, of was a facility for children 13 who had communicable diseases who could not 14 stay at home. I had developed pneumonia. And 15 even though it was a tremendous distance -- in 16 those days, it was a long distance from Mount 17 Vernon to Westchester Medical Center. There 18 were no highways and of course my parents 19 didn't have cars, and they couldn't come and 20 visit me. But I will always remember with a 21 certain amount of gratitude the kind of work 22 that it has done for children with upper 23 respiratory diseases and infections and all of 24 the work that it does for infants, for 25 children, for the elderly as well as those

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(518) 371-8910 1 with mental disorders. 2 So this hospital is going into the 3 21st century with a boom. And the kinds of 4 state of the art that it offers in the areas 5 of healthcare is critically important, not 6 only to us but to the six communities that are 7 contiguous. 8 Thank you for your support of this 9 bill. And thank you, Senator Spano, for the 10 leadership that you have taken to ensure that 11 we can go home and face our constituents and 12 know we've done the best that we can here in 13 the Senate to ensure that the work of this 14 hospital continues. 15 Thank you, Mr. President. 16 ACTING PRESIDENT MEIER: Senator 17 Hassell-Thompson will be recorded in the 18 affirmative. 19 Senator Oppenheimer, to explain her 20 vote. 21 SENATOR OPPENHEIMER: Just very 22 briefly. Thank you, Mr. President. 23 I want to thank Senator Spano, 24 because it has been a very difficult road and 25 it's certainly not ended yet. We have found

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(518) 371-8910 1 ourselves at odds with some of the Assembly 2 bills, and we hope that we will be able to get 3 more cooperation. 4 But I think Senator Spano, who was 5 almost ready to turn over the whole bag of wax 6 or whatever, bag of something, because it was 7 such a difficult negotiation -- and he stuck 8 with it, and I thank him very much for that. 9 This is not the answer. We know 10 that a tertiary care hospital is probably not 11 going to ever be in the black, because it 12 deals with very specific kinds of serious 13 injuries, illnesses, and it requires very 14 specialized doctors, very specialized 15 equipment, very specialized techniques. And 16 that is the plight of a tertiary hospital, and 17 we have to realize that it's going to need our 18 support, our continuing support. 19 But it is of great importance that 20 we do this, because there are very few 21 tertiary care hospitals in our state and we 22 need them desperately. 23 So thank you, Senator Spano, for 24 hanging in there. You did a great job. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Oppenheimer will be recorded in the 2 affirmative. 3 Announce the results. 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1979, Senator Hannon moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 8869 and substitute it 11 for the identical Senate Bill Number 5835, 12 Third Reading Calendar 1979. 13 ACTING PRESIDENT MEIER: 14 Substitution ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1979, by the Assembly Committee on Rules, 18 Assembly Print Number 8869, an act to amend 19 the Public Health Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MEIER: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1980, Senator Bruno moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 8530 and substitute it 9 for the identical Senate Bill Number 5860, 10 Third Reading Calendar 1980. 11 ACTING PRESIDENT MEIER: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1980, by Member of the Assembly Sweeney, 16 Assembly Print Number 8530, an act extending 17 the time to file. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1983, by Senator DeFrancisco, Senate Print 5 5924A, an act to amend the Court of Claims 6 Act. 7 SENATOR SKELOS: Mr. President, 8 is there a message at the desk? 9 ACTING PRESIDENT MEIER: There 10 is. 11 SENATOR SKELOS: Move to accept. 12 ACTING PRESIDENT MEIER: All 13 those in favor of accepting the message of 14 necessity signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT MEIER: Those 17 opposed, nay. 18 (No response.) 19 ACTING PRESIDENT MEIER: The 20 message is accepted. 21 The bill is before the house. 22 Read the last section. 23 THE SECRETARY: Section 6. This 24 act shall take effect August 1, 2005. 25 ACTING PRESIDENT MEIER: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MEIER: Senator 4 LaValle, to explain his vote. 5 SENATOR LaVALLE: Thank you, Mr. 6 President. 7 I'm going to support this 8 legislation because certainly the counties 9 that are mentioned here and the various 10 judgeships are needed in those counties. 11 I'm a little saddened that Suffolk 12 County or Nassau County is not on a list to 13 have additional judgeships created. Our 14 courts are -- each judge, I think, has a 15 caseload that is very, very heavy. And we 16 certainly can use some relief in the County of 17 Suffolk, and I'm sure Nassau can also. 18 Nevertheless, I vote in the 19 affirmative. 20 ACTING PRESIDENT MEIER: Senator 21 LaValle will be recorded in the affirmative. 22 Senator Balboni, to explain his 23 vote. 24 SENATOR BALBONI: Mr. President, 25 I'd like the opportunity to explain my vote on

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(518) 371-8910 1 this bill by basically saying that I'm curious 2 as to how the Office of Court Administration 3 would advance a proposal like this at the very 4 last minute without a plan as to how you were 5 going to roll out judgeships. 6 I sit on the Judiciary Committee, 7 I've been a part of the creation of judgeships 8 in the last 16 years on too numerous occasions 9 to even mention. And I'm concerned that this 10 lacks a plan as to how we're going to address 11 the needs of our judiciary from a statewide 12 perspective. 13 Now, I also echo my colleague 14 Senator LaValle's concerns that this approach, 15 without having any judgeships on Long Island, 16 flies in the face of reason given the 17 caseloads in those court systems. So I would 18 ask, to the extent that there are any 19 undesignated judgeships in this legislation, 20 that the Office of Court Administration give 21 serious consideration to looking at the 22 caseloads for where they place those 23 unassigned judgeships. 24 Mr. President, I vote aye. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Balboni will be recorded in the affirmative. 2 Senator DeFrancisco, to explain his 3 vote. 4 SENATOR DeFRANCISCO: Yes, I'm 5 going to vote yes. And this was a late 6 starter, obviously, or more people would have 7 heard about it before. 8 But I just want to assure everyone 9 that the Office of Court Administration did in 10 fact provide numbers as to the areas of most 11 need. And then it became a matter of 12 negotiation between the Governor, the Speaker, 13 and the Majority Leader. And as we all know, 14 in a matter of negotiation sometimes everyone 15 does not end up the way they want to be. 16 So I would hope that in the future 17 that we could create additional judgeships in 18 order to reduce the burden of those 19 overburdened courts. 20 Thank you. 21 ACTING PRESIDENT MEIER: Senator 22 DeFrancisco will be recorded in the 23 affirmative. 24 Announce the results. 25 THE SECRETARY: Ayes, 58. Nays,

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(518) 371-8910 1 1. Senator Connor recorded in the negative. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1984, by Member of the Assembly Nolan, 6 Assembly Print Number 7699, an act to amend 7 the Banking Law. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 could we call up now Calendar Number 1731. 21 ACTING PRESIDENT MEIER: The 22 Secretary will read Calendar 1731. 23 THE SECRETARY: Calendar Number 24 1731, substituted earlier today by Member of 25 the Assembly Gantt, Assembly Print Number

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(518) 371-8910 1 8546, an act to amend the Education Law. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MEIER: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 Senator Schneiderman, why do you 13 rise? 14 SENATOR SCHNEIDERMAN: Just to 15 explain my vote. 16 ACTING PRESIDENT MEIER: Without 17 objection, Senator Schneiderman to explain his 18 vote. 19 SENATOR SCHNEIDERMAN: Thank you. 20 Just very briefly, this bill authorizes the 21 Rochester and Buffalo school districts to 22 contract for services of registered 23 professional nurses. And I know this has the 24 strong support of the entire Western New York 25 delegation. And it provides them also to

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(518) 371-8910 1 provide school health services, which have 2 been sought for a long time by members on both 3 sides of the aisle. 4 I vote yes, Mr. President. 5 ACTING PRESIDENT MEIER: Senator 6 Schneiderman will be recorded in the 7 affirmative. 8 And the bill is passed. 9 Senator Skelos. 10 SENATOR SKELOS: On the 11 controversial Calendar 62C, would you please 12 call up Calendar Number 1951. 13 ACTING PRESIDENT MEIER: The 14 Secretary will read Calendar 1951 on the 15 controversial reading of Calendar 62C. 16 THE SECRETARY: Calendar Number 17 1951, by Senator Morahan, Senate Print 979A, 18 an act to amend the Public Health Law. 19 SENATOR SCHNEIDERMAN: 20 Explanation. 21 ACTING PRESIDENT MEIER: Senator 22 Morahan, an explanation has been requested by 23 Senator Schneiderman. 24 SENATOR MORAHAN: Yes, Mr. 25 President.

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(518) 371-8910 1 This bill amends the Public Health 2 Law in relationship to capital construction 3 costs and rates of payment by Medicaid for 4 assisted living corporations operated by a 5 for-profit corporation. 6 ACTING PRESIDENT MEIER: Senator 7 Schneiderman. 8 SENATOR SCHNEIDERMAN: Through 9 you, Mr. President, if the sponsor would yield 10 for a few brief questions. 11 ACTING PRESIDENT MEIER: Senator 12 Morahan, do you yield? 13 SENATOR MORAHAN: Yes. 14 ACTING PRESIDENT MEIER: The 15 sponsor yields. 16 SENATOR SCHNEIDERMAN: Thank you. 17 How many facilities would actually 18 benefit from the -- benefit substantially from 19 the provisions of this legislation? 20 SENATOR MORAHAN: I believe two, 21 one in Suffolk and I believe the other is in 22 Queens. 23 SENATOR SCHNEIDERMAN: And 24 through you, Mr. President, what's the basis 25 on which, out of all of the assisted living

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(518) 371-8910 1 facilities in the state, these two facilities 2 have been chosen for these benefits? 3 SENATOR MORAHAN: I don't know 4 that they've been chosen or that they qualify. 5 This bill would mean -- really, 6 help assisted living programs that provide a 7 valuable service to elderly New Yorkers. ALPs 8 allow seniors to receive the care and services 9 they need while still living in a community 10 setting with most long-term care activities. 11 The state's Medicaid program plays a major 12 role in paying for ALP care for low-income 13 seniors. 14 SENATOR SCHNEIDERMAN: Thank you. 15 And through you, Mr. President, if the sponsor 16 would continue to yield. 17 ACTING PRESIDENT MEIER: Senator 18 Morahan, do you yield? 19 SENATOR MORAHAN: Yes, I do. 20 ACTING PRESIDENT MEIER: The 21 sponsor yields. 22 SENATOR SCHNEIDERMAN: And this 23 legislation also eliminates the requirement 24 that the facility be operated by a 25 not-for-profit corporation, does it not?

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(518) 371-8910 1 SENATOR MORAHAN: That is 2 correct. 3 SENATOR SCHNEIDERMAN: I'd like 4 to thank the sponsor for his explanation. And 5 I'd like to thank Senator Hannon for the 6 supplemental explanation and speak on the 7 bill. 8 ACTING PRESIDENT MEIER: Senator 9 Schneiderman, on the bill. 10 SENATOR SCHNEIDERMAN: Thank you. 11 I appreciate that we have a lot of 12 facilities that have needs in this state. And 13 Senator Morahan is attempting to address the 14 needs of two particular facilities. But one 15 of the themes that I think has come and gone 16 but been present a lot during this session is 17 that we have a fundamental problem in the way 18 we approach the distribution of economic 19 incentives in this case. The way we approach 20 economic development generally, but 21 particularly the way we make adjustments to 22 the tax laws, provide tax expenditures, 23 provide relief from regulations on a piecemeal 24 basis. 25 We're approaching the point in this

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(518) 371-8910 1 state where we have a two-tier system of 2 facilities and corporations. One tier somehow 3 made it in the door and got some benefits. 4 They qualified for something in an Empire 5 Zone, an IDA did something for them, they got 6 special legislation passed benefitting them by 7 themselves. And we have everyone else in the 8 state who has to pay additional taxes to 9 subsidize all of those in Category A. There 10 are the approved beneficiaries of the largesse 11 of the state government, and then there's 12 everybody else. 13 This is a very dangerous way to 14 proceed. And I would urge my colleagues on 15 the other side of the aisle, when you complain 16 about high taxes, one of the problems with our 17 tax system is that we have to have high 18 marginal tax rates just even to generate the 19 revenue we used to get from lower rates when 20 we had fewer loopholes in our tax code. Every 21 time you confer a benefit on one company or 22 one industry, whether it's, you know, fishing 23 or a form of agriculture or an assisted living 24 facility, you put a burden on every other 25 company. And small businesses that tend to

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(518) 371-8910 1 have the least access to lobbying, the least 2 access to the administrative agencies of the 3 state, much less the legislature, are bearing 4 a disproportionate cost. 5 So I understand and I sympathize 6 with the sponsor's efforts here, but I am 7 going to be voting no. And I hope we will try 8 and move towards a more comprehensive approach 9 in the future. 10 Thank you, Mr. President. 11 ACTING PRESIDENT MEIER: Senator 12 Hannon. 13 SENATOR HANNON: First of all, 14 let me just -- I haven't seen this bill since 15 it left the Health Committee several months 16 ago. It was introduced by Senator Morahan in 17 January. 18 Whatever Senator Schneiderman is 19 saying in regard to tax rates it's incorrect, 20 because this has nothing to do with tax rates. 21 What he is saying to do with rates of the 22 assisted living program may or may not be 23 correct. But in this case, when there was a 24 certain adjustment of the rates based on the 25 calculations of the ingredients of it, these

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(518) 371-8910 1 facilities that are subjects of this bill were 2 left out of a prior statute. And it was left 3 out because they didn't know they existed as 4 for-profits. 5 This is to correct what had not 6 been done before. This is to make the playing 7 field level for all of them. This is the 8 state-assisted living program. This is not 9 the generic assisted living that we call -- 10 and it has nothing to do with taxes, it's the 11 way you compute the formula. 12 Thank you. 13 ACTING PRESIDENT MEIER: Any 14 other Senator wish to be heard? 15 Debate is closed, then. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MEIER: Announce 24 the results. 25 THE SECRETARY: Ayes, 56. Nays,

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(518) 371-8910 1 1. Senator Schneiderman recorded in the 2 negative. 3 Absent from voting: Senators 4 Fuschillo, Gonzalez and C. Kruger. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1973, substituted earlier today by Member of 10 the Assembly Farrell, Assembly Print Number 11 7385A, an act to amend the Tax Law. 12 SENATOR DUANE: Explanation. 13 ACTING PRESIDENT MEIER: Senator 14 Maziarz, Senator Duane has requested an 15 explanation of Calendar 1973. 16 SENATOR MAZIARZ: Thank you very 17 much, Mr. President. 18 Mr. President, this bill would 19 exempt jazz clubs, live cabarets where jazz 20 music is played, from sales tax on their 21 admission. Right now there is a ruling from 22 the New York State Department of Tax and 23 Finance that admission charges to the theater, 24 opera, ballet are not subject to sales tax on 25 their admission. However, admission where

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(518) 371-8910 1 live jazz is played in a club-type setting is 2 subject. 3 The American Federation of 4 Musicians has requested this legislation, and 5 it has passed the Assembly. 6 Thank you, Mr. President. 7 ACTING PRESIDENT MEIER: Senator 8 Duane. 9 SENATOR DUANE: Thank you, Mr. 10 President. Would the sponsor yield, please. 11 ACTING PRESIDENT MEIER: Oh, I'm 12 sure he would. 13 Senator Maziarz, do you yield for a 14 question? 15 SENATOR MAZIARZ: Yes, I will. 16 ACTING PRESIDENT MEIER: The 17 sponsor yields. 18 SENATOR DUANE: First, I'm 19 wondering if there's a memo from the City of 20 New York regarding this bill. 21 SENATOR MAZIARZ: I am not aware 22 of a memo in support or opposition, Senator. 23 SENATOR DUANE: And through you, 24 Mr. President, if the sponsor would continue 25 to yield.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Maziarz, do you continue to yield? 3 SENATOR MAZIARZ: Yes, I would, 4 Mr. President. 5 ACTING PRESIDENT MEIER: The 6 sponsor yields. 7 SENATOR DUANE: Thank you, Mr. 8 President. 9 I'm wondering if there's any word 10 from the New York City Council -- 11 ACTING PRESIDENT MEIER: Just a 12 second, Senator Duane. 13 I mean, do we all really want to 14 stay here all afternoon? Because that's what 15 I'm hearing. Can we please have some order in 16 the chamber so we can get through these bills. 17 Senator Duane. 18 SENATOR DUANE: Thank you, Mr. 19 President. 20 SENATOR MAZIARZ: I heard the 21 question, if you don't mind, Mr. President. 22 I am not aware of any memo in 23 support or opposition from the New York City 24 Council either, Senator. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Duane. 2 SENATOR DUANE: Mr. President, If 3 the sponsor would continue to yield. 4 ACTING PRESIDENT MEIER: Do you 5 yield? 6 SENATOR MAZIARZ: Yes, Mr. 7 President. 8 ACTING PRESIDENT MEIER: The 9 sponsor yields. 10 SENATOR DUANE: I see that 11 there's a line or a phrase in the bill which 12 refers to a commercially responsible rate. 13 I'm wondering if the sponsor could tell me 14 what that is. 15 SENATOR MAZIARZ: I'm not sure 16 that I heard the question. 17 SENATOR DUANE: I see in the bill 18 that there's a phrase which says "commercially 19 reasonable rate." And I'm wondering if the 20 sponsor could tell me what that is. 21 SENATOR MAZIARZ: Those are the 22 rates that are suggested -- not required, but 23 suggested for a live performance by the 24 American Federation of Musicians, Mr. 25 President.

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(518) 371-8910 1 SENATOR DUANE: Through you, Mr. 2 President, if the sponsor would continue to 3 yield. 4 ACTING PRESIDENT MEIER: Senator 5 Maziarz, do you yield? 6 SENATOR MAZIARZ: Yes, Mr. 7 President. 8 ACTING PRESIDENT MEIER: The 9 sponsor yields. 10 SENATOR DUANE: What would be a 11 commercially responsible rate for admission to 12 see the Rolling Stones? 13 SENATOR MAZIARZ: To see who? 14 I'm not -- 15 ACTING PRESIDENT MEIER: The 16 Rolling Stones. It's a rock group, George. 17 (Laughter.) 18 SENATOR MAZIARZ: Not having seen 19 the Rolling Stones since I was in high school 20 in 1973, Mr. President, I have no idea what 21 the current rate would be. 22 SENATOR DUANE: If the sponsor, 23 through you -- 24 SENATOR MAZIARZ: Yes, Mr. 25 President.

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(518) 371-8910 1 SENATOR DUANE: Does he remember 2 what it was then? Or is everything sort of 3 hazy? 4 SENATOR MAZIARZ: Actually, it 5 was at Maple Leaf Gardens in Toronto, so it 6 was Canadian money. So I'm not exactly sure 7 what the exchange rate be would be in 2005 8 American dollars, Senator Duane. 9 SENATOR DUANE: And through you, 10 Mr. President, if the sponsor would continue 11 to yield. 12 ACTING PRESIDENT MEIER: Senator, 13 do you yield? 14 SENATOR MAZIARZ: Yes, Mr. 15 President. 16 ACTING PRESIDENT MEIER: The 17 sponsor yields. 18 SENATOR DUANE: I see that the 19 estimated revenue loss to the state is 20 $1.7 million. I'm wondering what the 21 estimated revenue loss to the City of New York 22 would be. 23 SENATOR MAZIARZ: I'm not sure. 24 I think it would probably be a like amount, 25 because the sales tax is generally, I think,

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(518) 371-8910 1 evenly split. Or I think it may be -- what's 2 the sales tax in the city now, 8.25? So I 3 think it's evenly split. Or it's either 4 or 4 4.25 to the state and then to the city. 5 But, Mr. President, I would say 6 that the -- that would be more than made up, 7 at least Assemblyman Farrell and myself, in 8 our discussions on this bill, felt that the 9 lost revenue would be more than made up by the 10 enhancement of and the encouragement of live 11 jazz performances, not just in the city of 12 New York but throughout all of New York State. 13 SENATOR DUANE: And through you, 14 Mr. President, if the sponsor would continue 15 to yield. 16 SENATOR MAZIARZ: Surely, Mr. 17 President. 18 ACTING PRESIDENT MEIER: The 19 sponsor yields. 20 SENATOR DUANE: Though not all of 21 the venues in the bill are in New York City. 22 Surely some of them must be in other parts of 23 New York State. So it wouldn't be half of the 24 $1.7 million, it would be -- 25 SENATOR MAZIARZ: Some proportion

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(518) 371-8910 1 thereof, yes. 2 SENATOR DUANE: And through you, 3 Mr. President, if the sponsor would continue 4 to yield. 5 ACTING PRESIDENT MEIER: Does the 6 sponsor yield? 7 SENATOR MAZIARZ: Yes. 8 ACTING PRESIDENT MEIER: He 9 yields. 10 SENATOR DUANE: And if there 11 would be this big boost in nightlife, then is 12 there an estimate of what the city and state 13 enforcement costs would be to the Police 14 Department, Department of Environmental 15 Protection, Consumer Affairs, et cetera? 16 ACTING PRESIDENT MEIER: Senator 17 Maziarz. 18 SENATOR MAZIARZ: No, I don't 19 think there'd be any increase in enforcement. 20 You know, these things tend to be more 21 administratively sent in through the mail and 22 over the Internet to the Department of Tax and 23 Finance, Senator Duane. I don't think it 24 would require any increase in enforcement 25 whatsoever.

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(518) 371-8910 1 SENATOR DUANE: Well, through 2 you, Mr. President, if the sponsor would 3 continue to yield. 4 SENATOR MAZIARZ: Yes, Mr. 5 President. 6 ACTING PRESIDENT MEIER: The 7 sponsor yields. 8 SENATOR DUANE: Well, the claim 9 is that the $1.7 million in revenue would be 10 more than made up in the tremendous, huge, 11 huge influx in people attending these 12 nightlife events. And in my district, that 13 often means that there are enforcement 14 problems, noise, crowd control, et cetera. So 15 I'm talking about those enforcement issues. 16 What would be the increased cost to 17 the city and the state to hire more inspectors 18 and personnel and police officers, et cetera, 19 to deal with this tremendous revenue-producing 20 influx of people going to these venues? 21 SENATOR MAZIARZ: My answer would 22 be, Mr. President, again, I don't think 23 there'd be any increase. I think maybe 24 Senator Duane's district -- I'm not exactly 25 familiar with his district. It may be unlike

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(518) 371-8910 1 the other 61 districts in the State of 2 New York. But I don't think there would be 3 any increased costs for enforcement or 4 environmental protection or police protection 5 than what's done now. 6 SENATOR DUANE: Well, through 7 you, Mr. President, if the sponsor would 8 continue to yield. 9 SENATOR MAZIARZ: Yes, Mr. 10 President. 11 ACTING PRESIDENT MEIER: The 12 sponsor yields. 13 SENATOR DUANE: Well, let me 14 preface it by saying in fact, though my 15 district is unique and wonderful and the best 16 district in New York State, I do believe that 17 there are other districts that would share 18 similar problems -- Senator Krueger, Senator 19 Connor, there may be others -- Senator 20 Schneiderman. There are probably other 21 districts that, also unique and wonderful, 22 would share the same issues with this. 23 And so through you, Mr. President, 24 if the sponsor would yield to a question 25 regarding --

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Maziarz, do you yield? 3 SENATOR MAZIARZ: Yes, I would, 4 Mr. President. 5 SENATOR DUANE: Back on the issue 6 of commercially reasonable rate, I'm wondering 7 if the sponsor is familiar with the problem of 8 restaurants that come in claiming to be a 9 white-table restaurant establishment and 10 quickly turn into a cabaret. 11 SENATOR MAZIARZ: I am not 12 familiar with that issue at all. I'd have to 13 say that my discussions and negotiations on 14 this bill with Assemblyman Farrell, with the 15 input that we had and at the public hearing 16 that we had on this bill -- I want to 17 emphasize, Mr. President, that we had a public 18 hearing on this bill -- that that issue did 19 not come up. 20 SENATOR DUANE: And through you, 21 Mr. President, if the sponsor would continue 22 to yield. 23 SENATOR MAZIARZ: Yes, Mr. 24 President. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 sponsor yields. 2 SENATOR DUANE: Thank you. What 3 was the committee under which the hearing was 4 held in the Senate? 5 SENATOR MAZIARZ: The hearing was 6 held over in the Legislative Office Building. 7 It was attended by -- actually, it was one of 8 the best attended public hearings that I've 9 seen this year. There was a live performance 10 by several musicians who play in some various 11 cabarets and venues in the city of New York 12 that were invited by Assemblyman Farrell and 13 myself, through the American Federation of 14 Musicians, to be here. 15 SENATOR DUANE: Through you, Mr. 16 President, if the sponsor would clarify 17 something for me. 18 ACTING PRESIDENT MEIER: Senator 19 Maziarz, do you yield? 20 SENATOR MAZIARZ: Yes. 21 ACTING PRESIDENT MEIER: He 22 yields. 23 SENATOR DUANE: What was the 24 Senate committee that this hearing was under 25 the auspices of?

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(518) 371-8910 1 SENATOR MAZIARZ: It was the 2 Committee on Labor and Tourism. Both Assembly 3 and Senate, I might add. 4 SENATOR DUANE: And through you, 5 Mr. President, if the sponsor would continue 6 to yield. 7 ACTING PRESIDENT MEIER: Do you 8 continue to yield, Senator? 9 SENATOR MAZIARZ: Yes, I do, Mr. 10 President. 11 ACTING PRESIDENT MEIER: The 12 sponsor yields. 13 SENATOR DUANE: The issue of 14 rooftop performances, roof garden 15 performances, I'm wondering why it is that the 16 sponsor included rooftop performances as part 17 of this legislation. 18 SENATOR MAZIARZ: Actually, that 19 was done at the suggestion of Assemblyman 20 Farrell, because he felt that there were many 21 of those types of venues in the city of 22 New York and he wanted to make sure that they 23 were inclusive. 24 I am aware of no rooftop live jazz 25 clubs, say, in the city of Syracuse.

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(518) 371-8910 1 SENATOR DUANE: Through you, Mr. 2 President, if the sponsor would continue to 3 yield. 4 ACTING PRESIDENT MEIER: Senator 5 Maziarz, do you yield? 6 SENATOR MAZIARZ: Yes, I do, Mr. 7 President. 8 ACTING PRESIDENT MEIER: The 9 sponsor yields. 10 SENATOR DUANE: I'm not aware of 11 any rooftop venues in the city of Syracuse, 12 but I am familiar with those in New York City. 13 And I'm also familiar with places that wish to 14 open rooftop venues. And so I was wondering 15 if the sponsor could tell me what the 16 difference is when someone goes into a venue 17 that's in a basement that's different than 18 going to a venue that's on a roof. 19 SENATOR MAZIARZ: I don't think 20 there's any difference at all, Mr. President. 21 SENATOR DUANE: Well, through 22 you, Mr. President, why -- 23 ACTING PRESIDENT MEIER: Hold on 24 a second. 25 Does the sponsor yield? Senator

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(518) 371-8910 1 Maziarz, do you yield? 2 SENATOR MAZIARZ: Yes, I do. I'm 3 sorry, Mr. President. 4 ACTING PRESIDENT MEIER: The 5 sponsor yields. 6 SENATOR DUANE: Then I'm 7 wondering why the rooftop is put out as a 8 separate venue in the bill. 9 SENATOR MAZIARZ: As I stated 10 earlier, Mr. President, that was done at the 11 suggestion of the Assembly sponsor, because he 12 felt that there was this particular type of 13 venue within the City of New York. But it's 14 all inclusive. I think he wanted to be -- he 15 and I both wanted to be as informative as 16 possible in the legislation so that there 17 wouldn't be so many questions asked when we 18 were debating it on the floor. 19 SENATOR DUANE: Through you, Mr. 20 President, I'm sorry, I missed the last part 21 of that. 22 SENATOR MAZIARZ: I said the 23 Assembly -- Mr. President, through you, the 24 Assembly sponsor wanted us to be as inclusive 25 as possible, put as much as possible into the

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(518) 371-8910 1 bill, so that when we were debating it on the 2 floor there wouldn't be so many questions. 3 SENATOR DUANE: And through you, 4 Mr. President, despite the failure of the 5 Assembly sponsor, would the Senate sponsor 6 continue to yield. 7 ACTING PRESIDENT MEIER: Senator, 8 do you yield? 9 SENATOR MAZIARZ: Yes, I will, 10 Mr. President. Thank you. 11 ACTING PRESIDENT MEIER: The 12 sponsor yields. 13 SENATOR DUANE: As I understand 14 it, presently the serving of -- does this now 15 mean that no matter what, if any, food is 16 served inside the venue or on the roof that 17 the admission would be exempt? 18 SENATOR MAZIARZ: Yes. Mr. 19 President, through you, the answer is yes. 20 SENATOR DUANE: And so through 21 you, Mr. President, if the sponsor would 22 continue to yield. 23 SENATOR MAZIARZ: The sales tax 24 on just the admission would be exempt. Not 25 the sales tax, Senator, on the food that is

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(518) 371-8910 1 served. 2 SENATOR DUANE: But through you, 3 Mr. President, if the sponsor would continue 4 to yield. 5 SENATOR MAZIARZ: Yes, Mr. 6 President. 7 ACTING PRESIDENT MEIER: The 8 sponsor yields. 9 SENATOR DUANE: And so if in a 10 venue the only food made available to eat 11 would be a bag of pretzels or a bag of 12 peanuts, would that mean, then, that there 13 would be no sales tax charged on admission to 14 the venue. 15 SENATOR MAZIARZ: Yes, there 16 would no sales tax charged on the admission. 17 On the admission ticket only, Senator. 18 SENATOR DUANE: And so through 19 you, Mr. President, if the sponsor would 20 continue to yield. 21 ACTING PRESIDENT MEIER: Do you 22 continue to yield, Senator? 23 SENATOR MAZIARZ: Yes, Mr. 24 President. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 sponsor yields. 2 SENATOR DUANE: And so even if 3 just to get around the charging of a sales 4 tax, the owner of the venue decided to make 5 available selling a bag of chips or a bag of 6 peanuts, made it so they wouldn't have to 7 charge tax, is that something that an owner 8 could reasonably come to expect? 9 SENATOR MAZIARZ: Through you, 10 Mr. President, I'd answer that I would say 11 that's a hypothetical. And I guess I would 12 answer with another hypothetical in saying 13 that if the owner was going to run that type 14 of a club where he didn't serve the type of 15 beverages or food that the jazz-going public 16 did not like, that he wouldn't be very 17 successful in his business. 18 SENATOR DUANE: And through you. 19 Mr. President, if the sponsor would continue 20 to yield. 21 ACTING PRESIDENT MEIER: Does the 22 sponsor continue to yield? 23 SENATOR MAZIARZ: Yes, I do, Mr. 24 President. 25 SENATOR DUANE: Does this mean,

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(518) 371-8910 1 then, also in discotheques if no food is 2 served, with the exception of, you know, chips 3 or candy bars or something like that, that the 4 state and the city would not be able to charge 5 a tax for admission? 6 SENATOR MAZIARZ: Mr. President, 7 normally I think those types of clubs don't 8 have live music. But the answer would be yes 9 if they had live music. 10 SENATOR DUANE: And through you, 11 Mr. President, if the sponsor would continue 12 to yield. 13 SENATOR MAZIARZ: Yes, Mr. 14 President. 15 ACTING PRESIDENT MEIER: He 16 yields. 17 SENATOR DUANE: If in the course 18 of the events that happen in one of these 19 venues, if there was just five minutes of 20 someone playing the harp, would that mean it 21 was then subject to not having to charge sales 22 tax for entrance? 23 SENATOR MAZIARZ: I think my 24 answer, Mr. President, would be the same. If 25 that's the type of venue, I don't know of

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(518) 371-8910 1 anyone that would pay an admission charge to 2 come to a place to listen to a harp for five 3 minutes. 4 I would also stress that I don't 5 think that in these types of clubs, where 6 there are generally -- not always, but 7 generally -- musicians that are members of the 8 American Federation of Musicians -- these are 9 unionized, professional artists -- that they 10 would do those types of things, play for only 11 five minutes for a limited -- for a very 12 limited amount of time, obviously to get 13 around, you know, paying a very minor sales 14 tax charge. 15 SENATOR DUANE: And through you, 16 Mr. President, if the sponsor would continue 17 to yield. 18 ACTING PRESIDENT MEIER: Senator 19 Maziarz? 20 SENATOR MAZIARZ: Yes, Mr. 21 President. 22 ACTING PRESIDENT MEIER: He 23 yields. 24 SENATOR DUANE: I actually don't 25 believe that a member of the union would do

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(518) 371-8910 1 it. But if I went into a discotheque and 2 played the piano for three or four minutes and 3 rest of the eight hours of the club activity 4 that night was taken up with dancing to 5 recorded music, but because I played the piano 6 for two minutes, would that mean that the 7 venue would be exempt from paying sales tax? 8 SENATOR MAZIARZ: I'm sorry, Mr. 9 President, I don't think there was a question 10 in that. 11 SENATOR DUANE: I'm asking in 12 another hypothetical that if I went to a 13 discotheque and played the piano for two 14 minutes and yet for the rest of the eight 15 hours that the club was in operation they 16 played loud disco music with the windows open, 17 disturbing the neighbors in the neighborhood, 18 would that then mean that they were exempt 19 from paying the admission tax because I played 20 the piano for two minutes even though I'm not 21 a member of the union? 22 SENATOR SALAND: Mr. President. 23 ACTING PRESIDENT MEIER: Senator 24 Saland, why do you rise? 25 SENATOR SALAND: On a point of

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(518) 371-8910 1 order. 2 ACTING PRESIDENT MEIER: State 3 your point of order, Senator. 4 SENATOR SALAND: Mr. President, 5 in a courtroom I would be inclined to raise an 6 objection along the lines of asked and 7 answered. 8 With all due respect to Senator 9 Duane and Senator Maziarz, there's a certain 10 repetitiveness about the line of questioning. 11 I think the question has been answered -- the 12 question has been asked in multiple different 13 ways. It's basically the same question. 14 We've had multiply the same answers. I do 15 think it's been asked and answered and request 16 that the chair rule that we proceed perhaps to 17 bring this to conclusion. 18 SENATOR SCHNEIDERMAN: Mr. 19 President. 20 ACTING PRESIDENT MEIER: Why do 21 you rise, Senator Schneiderman? 22 SENATOR SCHNEIDERMAN: I rise 23 because I think it's the prerogative of the 24 sponsor, if he wants to keep debating, he's 25 allowed to --

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Hold on, 2 Senator. Just everybody hold on. There's a 3 point of order on the table. 4 Now, Senator Saland I think does 5 make a point. The questioning is sort of a 6 repetitious rephrasing of really the same 7 issue over and over again. 8 So, Senator, if you have a relevant 9 question, pose it. If not, let's move along. 10 SENATOR SCHNEIDERMAN: Thank you, 11 Mr. President. I just rise because I think 12 that the sponsor is perfectly capable of 13 handling the debate on his own. 14 ACTING PRESIDENT MEIER: Senator, 15 you're debating a point of order and it's not 16 debateable. Please, Senator. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Mr. President. 19 ACTING PRESIDENT MEIER: Senator 20 Maziarz. 21 SENATOR MAZIARZ: Mr. President, 22 we will take one more question, different than 23 any other question that has been asked 24 previously. If he can possibly think of one. 25 ACTING PRESIDENT MEIER: Senator

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(518) 371-8910 1 Duane. 2 SENATOR DUANE: Well, Mr. 3 President, you'll have to give me a moment 4 because it's difficult for me to decide which 5 is the most important of the questions that I 6 have remaining. 7 ACTING PRESIDENT MEIER: Well, 8 actually, no, Senator Duane, I don't have to 9 give you a moment. Do you have a question to 10 pose or don't you? 11 Senator Maziarz has the floor, 12 then. 13 Any other Senator wish to be heard 14 on the bill? 15 SENATOR DUANE: Thank you, Mr. 16 President, I'm not going ask any further 17 questions, then. 18 ACTING PRESIDENT MEIER: Any 19 other Senator wish to be heard on the bill? 20 Debate is closed, then. 21 The Secretary will ring the bell. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first day of a 25 sales tax quarterly period.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MEIER: Announce 5 the results. 6 THE SECRETARY: Ayes, 56. Nays, 7 1. Senator Duane recorded in the negative. 8 Absent from voting: Senators 9 Fuschillo, Gonzalez and C. Kruger. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 Senator Bruno. 13 SENATOR BRUNO: Can we at this 14 time, Mr. President, take up Calendar Number 15 1981. 16 ACTING PRESIDENT MEIER: The 17 Secretary will read Calendar 1981. 18 THE SECRETARY: Calendar Number 19 1981, by Senator Young, Senate Print 5911, an 20 act to amend the Education Law. 21 SENATOR BRUNO: Mr. President, is 22 there a message of necessity at the desk? 23 ACTING PRESIDENT MEIER: There 24 is. 25 SENATOR BRUNO: Move we accept

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(518) 371-8910 1 the message. 2 ACTING PRESIDENT MEIER: All in 3 favor of accepting the message of necessity 4 signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT MEIER: Those 7 opposed, nay. 8 (No response.) 9 ACTING PRESIDENT MEIER: The 10 message is accepted. 11 Read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 Senator Bruno. 21 SENATOR BRUNO: Mr. President, 22 can we at this time take up Calendar Number 23 1982. 24 ACTING PRESIDENT MEIER: The 25 Secretary will read Calendar 1982.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1982, by Senator Marcellino, Senate Print 3 5913, an act authorizing the assessor of the 4 County of Nassau. 5 ACTING PRESIDENT MEIER: Senator 6 Bruno. 7 SENATOR BRUNO: Is there a 8 message at the desk? 9 ACTING PRESIDENT MEIER: There 10 is. 11 SENATOR BRUNO: Move we accept 12 the message. 13 ACTING PRESIDENT MEIER: All in 14 favor of accepting the message of necessity 15 signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MEIER: Those 18 opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MEIER: The 21 message is accepted. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. Nays, 4 1. Senator Bonacic recorded in the negative. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 SENATOR BRUNO: Mr. President, 8 can we return to Supplemental Calendar B and 9 take up Number 1965. 10 ACTING PRESIDENT MEIER: The 11 Secretary will read Calendar 1965. 12 THE SECRETARY: Calendar Number 13 1965, by Senator Padavan, Senate Print 5926, 14 an act to amend a chapter of the Laws of 2005 15 amending the Tax Law. 16 SENATOR BRUNO: Is there a 17 message at the desk? 18 ACTING PRESIDENT MEIER: There 19 is. 20 SENATOR BRUNO: I would move we 21 accept the message. 22 ACTING PRESIDENT MEIER: All in 23 favor of accepting the message of necessity 24 signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Those 2 opposed, nay. 3 (No response.) 4 ACTING PRESIDENT MEIER: The 5 message is accepted. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 Senator Bruno. 16 SENATOR BRUNO: Can we ask for an 17 immediate meeting of the Rules Committee in 18 the Majority Conference Room. 19 ACTING PRESIDENT MEIER: 20 Immediate meeting of the Rules Committee in 21 the Majority Conference Room. 22 SENATOR BRUNO: And we will stand 23 at ease for a very short period of time, 24 because I expect this is the last Rules 25 Committee report.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The 2 Senate will stand at ease pending the report 3 of the Rules Committee. 4 (Whereupon, the Senate stood at 5 ease at 3:19 p.m.) 6 (Whereupon, the Senate reconvened 7 at 3:26 p.m.) 8 ACTING PRESIDENT MEIER: Senator 9 Bruno. 10 SENATOR BRUNO: Mr. President, 11 can we return at this time to reports of 12 standing committees. I believe that there is 13 a Rules report at the desk, and I would 14 recommend that it now be read with some order 15 in the chamber. 16 ACTING PRESIDENT MEIER: Can we 17 have some order in the chamber. 18 Reports of standing committees. 19 The Secretary will read the report 20 of the Rules Committee. 21 THE SECRETARY: Senator Bruno, 22 from the Committee on Rules, reports the 23 following bills: 24 Senate Print 5670, by Senator 25 Spano, an act to amend the Public Authorities

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(518) 371-8910 1 Law; 2 5931, by Senator Klein, an act to 3 authorize; 4 5928, by the Senate Committee on 5 Rules, an act to amend the Education Law; 6 5929, by the Senate Committee on 7 Rules, an act to amend Chapter 50 of the Laws 8 of 2005; 9 5930, by the Senate Committee on 10 Rules, an act to amend the Administrative Code 11 of the City of New York; 12 Assembly Print 8970, by the 13 Assembly Committee on Rules, an act to amend 14 the Retirement and Social Security Law; 15 And Senate Print 5853, by the 16 Senate Committee on Rules, an act making 17 appropriations. 18 All bills ordered direct to third 19 reading. 20 ACTING PRESIDENT MEIER: Senator 21 Bruno. 22 SENATOR BRUNO: I would, Mr. 23 President, move to accept the report of the 24 Rules Committee. 25 ACTING PRESIDENT MEIER: All

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(518) 371-8910 1 those in favor of accepting the report of the 2 Rules Committee signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT MEIER: Those 5 opposed, nay. 6 (No response.) 7 ACTING PRESIDENT MEIER: The 8 report is accepted. 9 Senator Bruno. 10 SENATOR BRUNO: Mr. President, 11 can we have the noncontroversial reading of 12 the Rules report. 13 ACTING PRESIDENT MEIER: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1978, by Senator Spano, Senate Print 5670, an 17 act to amend the Public Authorities Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1985, Senator Klein moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 4407 and substitute it 7 for the identical Senate Bill Number 5931, 8 Third Reading Calendar 1985. 9 ACTING PRESIDENT MEIER: 10 Substitution ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1985, by Member of the Assembly Heastie, 14 Assembly Print Number 4407, an act authorizing 15 the City of New York. 16 ACTING PRESIDENT MEIER: There is 17 a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1986, by the Senate Committee on Rules, Senate 4 Print Number 5928, an act to amend the 5 Education Law. 6 ACTING PRESIDENT MEIER: Senator 7 Bruno. 8 SENATOR BRUNO: Is there a 9 message at the desk? 10 ACTING PRESIDENT MEIER: Yes, 11 there is, Senator. 12 SENATOR BRUNO: I would move we 13 accept the message. 14 ACTING PRESIDENT MEIER: All in 15 favor of accepting the message of necessity 16 signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT MEIER: Those 19 opposed, nay. 20 (No response.) 21 ACTING PRESIDENT MEIER: The 22 message is accepted. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1987, by the Senate Committee on Rules, Senate 9 Print Number 5929, an act to amend Chapter 50 10 of the Laws of 2005. 11 SENATOR BRUNO: Is there a 12 message at the desk? 13 ACTING PRESIDENT MEIER: Yes, 14 there is. 15 SENATOR BRUNO: I would move to 16 accept the message. 17 ACTING PRESIDENT MEIER: All in 18 favor of accepting the message of necessity 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT MEIER: Those 22 opposed, nay. 23 (No response.) 24 ACTING PRESIDENT MEIER: The 25 message is accepted.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1988, by the Senate Committee on Rules, Senate 12 Print Number 5930, an act to amend the 13 Administrative Code of the City of New York. 14 SENATOR BRUNO: Is there a 15 message at the desk? 16 ACTING PRESIDENT MEIER: Yes, 17 there is. 18 SENATOR BRUNO: I would move to 19 accept the message. 20 ACTING PRESIDENT MEIER: All in 21 favor of accepting the message of necessity 22 signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT MEIER: Those 25 opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT MEIER: The 3 message is accepted. 4 Read the 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, 59. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1989, by the Assembly Committee on Rules, 15 Assembly Print Number 8970, an act to amend 16 the Retirement and Social Security Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 1990, Senator Bruno moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 8952 and substitute it 6 for the identical Senate Bill Number 5853, 7 Third Reading Calendar 1990. 8 ACTING PRESIDENT MEIER: 9 Substitution ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1990, by the Assembly Committee on Rules, 13 Assembly Print Number 8952, an act making an 14 appropriation to pay Maurice M. McGee. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 2. 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, 59. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 Senator Bruno, that completes

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(518) 371-8910 1 Supplemental Calendar D. 2 SENATOR BRUNO: Mr. President, 3 may I strongly urge that we recommit all of 4 the bills left on the calendar back to the 5 Committee on Rules. 6 ACTING PRESIDENT MEIER: All 7 bills will be committed to the Committee on 8 Rules. 9 SENATOR BRUNO: And if we can 10 possibly recognize our esteemed colleague 11 Senator Paterson, I believe he has some 12 observations and some comments. 13 ACTING PRESIDENT MEIER: The 14 distinguished Minority Leader, Senator 15 Paterson. 16 SENATOR PATERSON: Thank you, Mr. 17 President. 18 Aware as I am that the recess is 19 only impeded by this presentation, I will try 20 to be brief. We've recommitted all the bills; 21 now we're going to recommit all the 22 legislators, and the state should be safe for 23 a few weeks. 24 This was actually a year in which I 25 felt a certain sense of anxiety working with

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(518) 371-8910 1 all of you and enjoying a number of 2 friendships with many of you on both sides of 3 the aisle. This was a year in which, for 4 once, the Minority in the previous year had 5 had a successful year. And for those of you 6 on the other side of the aisle who may be 7 remembering your Assembly days, the only time 8 that the minority has a good year is when the 9 leader works hard, which I tried to; when the 10 leader is surrounded by others, such as 11 Senator Schneiderman, Senator Montgomery, 12 Senator Breslin, people who assist me; and, 13 frankly, a little bit of luck, which always 14 helps us all. 15 But I must say, speaking 16 substantively and speaking frankly and 17 speaking about the legislative process and not 18 politics, that I was surprised this year that 19 those of you, members and staff, in the 20 Majority acted in a manner as professional as 21 you did. Certainly we have conflicts outside 22 of this chamber -- not real personal 23 conflicts, but we're on different sides of the 24 aisle, we have a different ideological 25 viewpoint, and we fight very hard to persuade

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(518) 371-8910 1 the public to our point of view. 2 But the reality is that when we got 3 back here this year, there was a tremendous 4 amount of cooperation on the part of the floor 5 leader for the Majority, Senator Skelos; 6 Senator Volker, who we just went through the 7 Rockefeller Drug Laws reform, or part of it 8 with; Senator LaValle, Senator Balboni, 9 Senator Marchi, all of you certainly, I think, 10 conducted yourselves in a way that I hope it 11 won't sound pompous or condescending made me 12 proud, even more proud to be your colleague 13 here in the Senate. 14 And of course I have to offer my 15 heartfelt appreciation to Senator Bruno, who 16 has worked with all of us from both sides of 17 the aisle and rightly has earned his 18 classification here as Majority Leader and 19 has, I think, governed fairly. 20 So as we leave some of the issues 21 that we weren't able to fully negotiate in 22 this process and await the next opportunity to 23 try to change the quality of life for the 24 residents of this state through our work, I 25 just want to wish all of you a very happy

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(518) 371-8910 1 summer. 2 (Standing ovation.) 3 ACTING PRESIDENT MEIER: Senator 4 Bruno. 5 SENATOR BRUNO: Mr. President, 6 did you record how long the applause was? 7 (Laughter.) 8 ACTING PRESIDENT MEIER: Yes, we 9 did. 10 SENATOR BRUNO: Good. Thank you. 11 I want you to all be mindful and conscious of 12 that. 13 (Laughter.) 14 SENATOR BRUNO: David, thank you. 15 Thank you for your gracious remarks, kind 16 remarks. And thank you for helping us 17 conclude a session here in the middle of the 18 day on Friday the 24th. We had hoped to 19 finish last night, but this is as timely as it 20 can be. 21 And all of us can be proud, we can 22 be really proud of what we have done this 23 year. We have had, really, when you reflect 24 back, one of the most productive legislative 25 years certainly that I can remember, in all

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(518) 371-8910 1 the years that I've been here, and I hope that 2 you can remember. 3 We talked about getting a budget 4 done on time, and we did. We talked about 5 reforms, and you name the reform, whether it's 6 in campaign finance reform, the legislative 7 process to be more responsive, public 8 authorities, with the leadership with Senator 9 Leibell and all of the others on that, 10 procurement. Very, very difficult issues. We 11 can all be proud that we have governed on 12 behalf of the people of this state. 13 But this doesn't happen, our lives 14 here, we don't lead in isolation. We have to 15 work together to improve the quality of life 16 for our mutual constituency, which is across 17 this whole state. And we do that. We 18 discuss, we argue, we negotiate. 19 Sometimes we don't get there. And 20 we didn't get there on what we feel is 21 appropriate casino legislation, with the three 22 that are in law now that we can't get done. 23 But the law three years ago says three. We 24 didn't get the death penalty reinstated. We 25 aren't able to close on nursing home

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(518) 371-8910 1 legislation that's critically important. 2 Do you know, in our lives we are 3 24/7, we are elected 24/7. We're not 4 recessing, we're not adjourning, we are still 5 Senators, we're still representatives of the 6 people, and we will continue to work. If and 7 when we resolve any of the major issues, we 8 have ended and are ending today, Mr. President 9 and colleagues, the regular session of 2005. 10 As I said, we can do that proudly. If we have 11 agreement on specifics, we will come back with 12 a limited calendar and we will do the people's 13 business. And if that happens, and I hope it 14 does, it will be plenty of notice of out 15 there. 16 But you know, to get to where we 17 are, to be as productive, to be as responsive 18 to the people, to be as efficient, as 19 effective as we have been this year does take 20 cooperation. Cooperation here, and we've had 21 it; cooperation with the Speaker of the 22 Assembly and all of his colleagues. And we've 23 had it. We have partnered in a way that I 24 can't remember we've partnered as well. 25 And we're very fortunate, and this

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(518) 371-8910 1 is open and objective, that we have a Governor 2 who is in his third term and has the 3 experience and the judgment and the intellect 4 to be able to lead a state as complex as this 5 one, as diversified as this one, to be 6 reelected by the people in a state like this 7 three times. 8 So we can be proud and I'm grateful 9 to the Governor, as you are, for his 10 leadership. And this Governor just gets 11 better and better. And I want to just 12 commemorate this closing session to Governor 13 George Pataki on this day, his 60th birthday. 14 Now, that's a nice thing. 15 (Applause.) 16 SENATOR BRUNO: And I shared with 17 the Governor, with age comes greater and 18 greater wisdom. And it's hard for some people 19 to understand that they can get any wiser, but 20 it's so. 21 And I also commented: Ah, to be 60 22 again. 23 (Laughter.) 24 SENATOR BRUNO: But I want to say 25 thank you to my colleagues here. Senator

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(518) 371-8910 1 Skelos, who leads the floor. And, Dean, thank 2 you for being so diligent and conscientious 3 and helping us move the process. 4 And our colleagues here, all part 5 of this process, with Senator Spano and 6 Senator Libous and Owen Johnson, our chair of 7 Finance, who is just as dedicated and 8 committed and just does it all right. 9 Frank Padavan, who is our vice 10 president. And, Frank, thank you for your 11 support. 12 And our esteemed colleague who is 13 here diligently, Senator Marchi, the 14 legislator of the United States. 15 (Standing ovation.) 16 SENATOR BRUNO: John, you are the 17 best. 18 John said, "Oh, to be 80 again." 19 (Laughter.) 20 SENATOR BRUNO: That's great. 21 But thank you to all of my 22 colleagues here. As I look around, you know, 23 I can single each and every one of you out, 24 because you really, you've just been 25 outstanding. You have contributed.

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(518) 371-8910 1 And Eric Schneiderman, Senator 2 Schneiderman, thank you for your presence on 3 the floor and the way you help move the 4 process with your colleagues and your 5 leadership there. 6 And Neil, representing us here 7 locally as Finance, here in this capital city 8 of Albany, in this county. 9 And the rest of you, thank you. 10 And, Tom, thank you for your being 11 so conscientious and questioning on behalf of 12 your constituency and the people of this 13 state. 14 (Laughter.) 15 SENATOR BRUNO: I mean, you are 16 just a credit to your district. 17 I have to especially thank -- and I 18 mean that. I want to thank Steve Boggess, our 19 secretary of the Senate here, who helps make 20 this place hum and run as efficiently as he 21 does and in a really nonpartisan way. And 22 we're grateful to him. 23 Mary Louise -- where is Mary 24 Louise, is she here -- Malick, our budget 25 director. Mary Louise -- she's still working.

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(518) 371-8910 1 And she's assisted by Bob Mujica -- Bob, 2 whether he's here -- and of course Bob Hotz 3 and all of the Finance staff. They just keep 4 going 24/7. 5 And Ken Riddett, our chief counsel, 6 with all of his assistants that are here; they 7 just get it done. So, Ken, thank you. Thanks 8 very much for being there. 9 (Applause.) 10 SENATOR BRUNO: Frank Gluchowski, 11 who helps us here in the chamber. 12 I can mention each and every person 13 that is on staff, yours and ours, because 14 without the support people that we have, we 15 couldn't conclude a session as productive as 16 this and we couldn't function in our lives on 17 behalf of our constituency. So we're 18 grateful. 19 And Ed Lurie and members of Senate 20 Research. Rick Burdick, Amy Leitch in my 21 office, and Maria Camarra, who supports her, 22 and Kim Bowmaker, who keeps traffic and does a 23 lot of other things for all of us. 24 Tommy Testo, who has the dulcet 25 tones; I wish I had his voice. Tommy, thank

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(518) 371-8910 1 you. 2 (Applause.) 3 SENATOR BRUNO: Thank you, Tommy, 4 to you and to all of the people up there who 5 just make everything run so smoothly. We 6 appreciate it. 7 And Bill Martin, for your being so 8 conscientious and helping us, with your 9 colleagues here, with the sergeant-at-arms. 10 Our document room clerk, and the 11 man in charge is Chris Cook. And we don't get 12 what we get without Chris and all the people 13 who work through the night to get what we have 14 to have so we can function. 15 And Bill Beach, of course, runs the 16 place on an operational basis; Jim Bell, in 17 technology. 18 And really, I can go on and on and 19 on. And I won't, but you know what I'm 20 saying. We get it done together. This is a 21 team. It's a team that we can really be proud 22 of. And each and every one of you are on the 23 same team, bottom line, when it's all said and 24 done. 25 David has been really a partner in

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(518) 371-8910 1 this chamber. And we have to at times be in 2 different places and a little more partisan 3 than maybe we would like. But it goes with 4 the job and with the territory. But always a 5 gentleman, always a man of character, always a 6 man of integrity. And unlike some other 7 people, always in a positive mode when he 8 talks about his colleagues here, and 9 especially me, when he doesn't have to. And, 10 David, I want you to know I appreciate that. 11 Now, John McArdle -- David, thank 12 you. 13 (Applause.) 14 SENATOR BRUNO: Please, thank 15 you. Thank you for not standing up again. 16 (Laughter.) 17 SENATOR BRUNO: But I want to 18 thank John McArdle. Where is John? John is 19 our director of communications. And Mark 20 Hansen assists him, and so many others. And 21 they help get that message out on your behalf 22 and on on our behalf, so that the people truly 23 understand what we do around here and that 24 they get it right. 25 So thank you, John, and thank you

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(518) 371-8910 1 to everybody that is part of the process. 2 And we're going on into the summer. 3 And I can tell you this, that I kind of close 4 down almost remorsefully, because I just love 5 it here. 6 (Laughter.) 7 SENATOR BRUNO: And, you know, to 8 be able to go out and just relax, play some 9 golf, deal with the constituency without the 10 pressures of having to be in session and with 11 all of the goings on. It's another challenge, 12 but all of us are going to try and be up to 13 it. 14 So I want to just wish you a happy 15 recess as you meet with your constituency and 16 continue in your service, and a healthy recess 17 and a productive one. 18 And if we get back together, Mr. 19 President, let's hope that it is for one day, 20 when and if, and it will be to continue one of 21 the most productive years that we have had in 22 the last anyone's memory for decades. 23 So thank you all, and God bless you 24 and safe travel. 25 (Standing ovation.)

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(518) 371-8910 1 SENATOR BRUNO: Thank you all. 2 And thank you, Mr. President. 3 And now, there being no further 4 business to come before the Senate, I would 5 move that we stand adjourned, intervening days 6 to be legislative days, subject to the call of 7 the Majority Leader. 8 ACTING PRESIDENT MEIER: On 9 motion, the Senate stands adjourned until the 10 call of the Majority Leader. Intervening days 11 will be legislative days. 12 (Whereupon, at 3:49 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910