Monday, January 23, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 23, 2006 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Sunday, January 22, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 January 21, was read and approved. On motion, 20 Senate adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Madam 9 President, on behalf of Senator Nozzolio, on 10 page number 9 I offer the following amendments 11 to Calendar Number 24, Senate Print Number 12 1323B, and ask that said bill retain its place 13 on Third Reading Calendar. 14 THE PRESIDENT: The amendments 15 are received, and the bill will retain its 16 place on the Third Reading Calendar. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 there will be an immediate meeting of the 20 Finance Committee in the Majority Conference 21 Room. 22 THE PRESIDENT: There will be an 23 immediate meeting of the Finance Committee in 24 the Majority Conference Room. 25 SENATOR SKELOS: Madam President,

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(518) 371-8910 1 if we could take up Resolution 3283, by 2 Senator Schneiderman, and have it read in its 3 entirety. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: By Senator 7 Schneiderman, Legislative Resolution 3283, 8 memorializing Governor George E. Pataki to 9 proclaim January 26, 2006, as Juan Pablo 10 Duarte Day in the State of New York. 11 "WHEREAS, The people of the 12 Dominican Republic acquired autonomy and 13 sovereignty on the 27th day of February, 1844; 14 and 15 "WHEREAS, The Island of Quisqueya, 16 the indigenous name for what later became the 17 island of Hispaniola, was the cradle of 18 thinking and advancement in the western 19 hemisphere, establishing the first university 20 and cathedral of the new world; and 21 "WHEREAS, On the 26th day of 22 January, 1813, Juan Pablo Duarte, the founding 23 father of the Dominican Republic, was born; 24 and 25 "WHEREAS, During the month of

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(518) 371-8910 1 January of 2006, Dominicans celebrate the 2 121st Anniversary of Juan Pablo Duarte's 3 birth; and 4 "WHEREAS, Juan Pablo Duarte, along 5 with Francisco Del Rosario Sanchez and Ramon 6 Matias Mella, formed La Trinitaria, a secret 7 organization that initiated the movement for 8 the independence of the Dominican Republic; 9 and 10 "WHEREAS, During the month of 11 February of 2006, Dominican nationals and 12 Dominican Americans from throughout the 13 Dominican Republic and the United States will 14 celebrate the independence of the Dominican 15 Republic; and 16 "WHEREAS, Since the 27th day of 17 February, 1966, the Instituto Duartiano Inc. 18 in New York City has promoted the memory and 19 accomplishments of Juan Pablo Duarte; and 20 "WHEREAS, The Instituto Duartiano 21 is an organization that is dedicated to 22 maintaining and keeping alive the life and 23 history of Juan Pablo Duarte, the liberator 24 and founder of the Dominican Republic; now, 25 therefore, be it

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(518) 371-8910 1 "RESOLVED, That this Legislative 2 Body pause in its deliberations to memorialize 3 Governor George E. Pataki to proclaim 4 January 26, 2006, as Juan Pablo Duarte Day in 5 the State of New York. In recognition of this 6 auspicious occasion, the members of the 7 Instituto Duartiano will visit Albany, 8 New York, on Monday, January 23, 2006; and be 9 it further 10 "RESOLVED, That copies of this 11 resolution, suitably engrossed, be transmitted 12 to The Honorable George E. Pataki, Governor of 13 the State of New York, and The Honorable Jose 14 Fernandez, Consul General of the Dominican 15 Republic." 16 THE PRESIDENT: Senator 17 Schneiderman. 18 SENATOR SCHNEIDERMAN: Thank you, 19 Madam President. Briefly on the resolution. 20 THE PRESIDENT: You may proceed. 21 SENATOR SCHNEIDERMAN: We are 22 honored to demonstrate that this resolution is 23 accurate in every respect, and that in fact we 24 have members of the Instituto Duartiano here 25 with us today, including the consul of the

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(518) 371-8910 1 Dominican Republic, general consul to our 2 mission here. 3 And we are honored -- and I think 4 everyone here who is a student of the history 5 and the great history of the United States and 6 the struggles for freedom here really would be 7 well advised to learn something of the 8 wonderful history of the Dominican Republic 9 and the struggle for freedom. 10 Juan Pablo Duarte is the father of 11 Dominican independence. He is an 12 extraordinary figure. And the country that 13 many of us have visited, many of us know and 14 love, has a tradition of democracy really 15 unparalleled. The participation -- if 16 Americans voted the way Dominicans vote, we 17 would have a much better government than we 18 have now. And I say that with all respect to 19 everyone here involved in the government of 20 our fine state and our great country. 21 But this is a great day for the 22 Dominican people and for all of us who have 23 the honor to represent Dominican communities, 24 or [in Spanish]. But I join with all of my 25 colleagues here in celebrating this.

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(518) 371-8910 1 Bienvenidos a Albany a todo mis 2 amigos los Duartianos y el Consul Fernandez. 3 Hoy celebramos el Inicio de la 4 Herencia Dominicana en el estudo de 5 Nueva York. Felicidades! 6 One hundred twenty-one years since 7 the birth of Juan Pablo Duarte; a great deal 8 to celebrate. Thank you, and we're honored to 9 have these guests here join us today. 10 Thank you very much. 11 (Applause.) 12 THE PRESIDENT: All those in 13 favor of the resolution please signify by 14 saying aye. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The resolution is 19 passed. 20 And thank you so much for giving us 21 the privilege of your presence today. 22 Senator Fuschillo. 23 SENATOR FUSCHILLO: Thank you, 24 Madam President. Senator Schneiderman would 25 like to open that resolution up for

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(518) 371-8910 1 sponsorship. 2 THE PRESIDENT: Any member who 3 does not wish to be a cosponsor of the last 4 resolution, please notify the desk. 5 Senator Fuschillo. 6 SENATOR FUSCHILLO: Madam 7 President, may we return to motions and 8 resolutions. 9 THE PRESIDENT: Motions and 10 resolutions. 11 Senator Fuschillo. 12 SENATOR FUSCHILLO: On behalf of 13 Senator Trunzo, I move that the following bill 14 be discharged from its respective committee 15 and be recommitted with instructions to strike 16 the enacting clause: Senate Print Number 17 6217. 18 THE PRESIDENT: So ordered, 19 Senator. 20 SENATOR FUSCHILLO: Thank you. 21 THE PRESIDENT: Senator 22 Fuschillo. 23 SENATOR FUSCHILLO: May we please 24 have the reading of the noncontroversial 25 calendar.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: Calendar Number 4 11, by Senator Marcellino, Senate Print 2852, 5 an act to amend the Criminal Procedure Law. 6 SENATOR SCHNEIDERMAN: Lay it 7 aside. 8 THE PRESIDENT: The bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 31, by Senator Morahan, Senate Print 5559, an 12 act to amend the Mental Hygiene Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 44. 20 THE PRESIDENT: The bill is 21 passed. 22 Senator Fuschillo, that completes 23 the noncontroversial reading of the calendar. 24 Senator Little. 25 SENATOR LITTLE: Thank you, Madam

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(518) 371-8910 1 President. Before we proceed, if the 2 Secretary would ring the bells so that members 3 will be aware that we are going forward with 4 the controversial reading of the calendar. 5 THE PRESIDENT: The Secretary 6 will ring the bell. 7 The members should return to their 8 seats so we can begin the controversial 9 calendar. 10 Senator Little. 11 SENATOR LITTLE: Thank you, Madam 12 President. May we return to reports of 13 standing committees. I believe there is a 14 report of the Finance Committee at the desk. 15 THE PRESIDENT: Reports of 16 standing committees. 17 The Secretary will read. 18 THE SECRETARY: Senator Johnson, 19 from the Committee on Finance, reports the 20 following bills: 21 Senate Print 6462A, Senate Budget 22 Bill, an act to amend Chapters 50, 53, 54, and 23 55 of the Laws of 2005; 24 And Senate Print 6464, Senate 25 Budget Bill, an act to amend Chapter 53 of the

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(518) 371-8910 1 Laws of 2005. 2 Both bills ordered direct to third 3 reading. 4 THE PRESIDENT: Both bills 5 ordered direct to third reading. 6 Senator Schneiderman. 7 SENATOR SCHNEIDERMAN: Madam 8 President, according to the Senate Rules, 9 bills from Finance are to be reported, unless 10 there's unanimous consent, to first reading. 11 So pursuant to the rules, I would 12 request that those bills be reported to first 13 reading and, if they're to move forward, to go 14 to the Rules Committee in accordance with our 15 ordinary process. 16 THE PRESIDENT: Senator Little. 17 SENATOR LITTLE: Thank you, Madam 18 President. Will you please reference those 19 bills to the Rules Committee. 20 And there will be an immediate 21 meeting of the Rules Committee in the Majority 22 Conference Room. 23 THE PRESIDENT: The bills are not 24 ordered direct to third reading, they are now 25 committed to the Rules Committee.

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(518) 371-8910 1 And there will be an immediate 2 meeting of the Rules Committee now. 3 SENATOR LITTLE: Thank you. 4 THE PRESIDENT: Thank you, 5 Senator. 6 Senator Little. 7 SENATOR LITTLE: Thank you. 8 The Senate stands at ease pending 9 the return of the Rules Committee. 10 THE PRESIDENT: The Senate stands 11 at ease. 12 (Whereupon, the Senate stood at 13 ease at 3:23 p.m.) 14 (Whereupon, the Senate reconvened 15 at 3:31 p.m.) 16 ACTING PRESIDENT WINNER: Senator 17 Little. 18 SENATOR LITTLE: Thank you, 19 Mr. President. May we please return to 20 reports of standing committees for a report of 21 the Rules Committee. 22 ACTING PRESIDENT WINNER: Reports 23 of standing committees. 24 The Secretary will read. 25 THE SECRETARY: Senator Bruno,

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(518) 371-8910 1 from the Committee on Rules, reports the 2 following bills: 3 Senate Print 6464, Senate Budget 4 Bill, an act to amend Chapter 53 of the Laws 5 of 2005; 6 And Senate Print 6462A, Senate 7 Budget Bill, an act to amend Chapters 50, 53, 8 54 and 55 of the Laws of 2005. 9 Both bills ordered direct to third 10 reading. 11 SENATOR LITTLE: Move to accept 12 the report of the Rules Committee. 13 ACTING PRESIDENT WINNER: All in 14 favor of accepting the report of the Rules 15 Committee signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT WINNER: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT WINNER: The 21 report is accepted. 22 SENATOR LITTLE: Thank you, 23 Mr. President. May we please take up Calendar 24 Number 11 at this time. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 11, by Senator Marcellino, Senate Print 2852, 4 an act to amend the Criminal Procedure Law. 5 SENATOR SCHNEIDERMAN: 6 Explanation. 7 ACTING PRESIDENT WINNER: Senator 8 Marcellino, an explanation has been requested. 9 SENATOR MARCELLINO: Thank you, 10 Mr. President. 11 DNA technology has progressed to 12 the point where the admissibility of properly 13 collected and analyzed data should not be in 14 doubt. This bill seeks to ensure that such 15 admissible evidence will be admitted and 16 considered during a trial. 17 ACTING PRESIDENT WINNER: Senator 18 Klein. 19 SENATOR KLEIN: Mr. President, I 20 believe there's an amendment at the desk. I 21 ask that the reading of the amendment be 22 waived. I would like to be heard on the said 23 amendment. 24 ACTING PRESIDENT WINNER: The 25 reading is waived. The Senator will be heard

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(518) 371-8910 1 on the amendment. 2 SENATOR KLEIN: Thank you, 3 Mr. President. 4 I want to commend Senator 5 Marcellino on his legislation. I think it's 6 going to go a long way towards prosecuting all 7 types of crimes. 8 My amendment, however, I think 9 would make this legislation that much 10 stronger, because my amendment would get rid 11 of or eliminate the five-year statutory 12 limitation on rape. As everyone here knows, 13 we're one of the few states that still has an 14 antiquated law on our books which has a 15 five-year statutory limitation on rape. 16 We all know, with the advent of DNA 17 evidence, we can prosecute these crimes 18 effectively more than five years -- even 10, 19 15, even 20 years into the future. Yet every 20 year and every month more and more rapists are 21 really getting a get-out-of-jail-free card 22 because they can't be prosecuted for their 23 heinous crime. 24 My legislation is different than 25 some of the legislation that's been out there,

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(518) 371-8910 1 where my amendment will eliminate the 2 five-year statutory limitation altogether, 3 even if there's not DNA evidence. The reason 4 for that is while DNA evidence is certainly 5 important, tangible evidence that could be 6 used years into the future to prosecute a rape 7 crime, there's other types of physical 8 evidence, I believe, that would withstand the 9 test of time. 10 In many cases, unfortunately, 11 serial rapists take trophies from their 12 victims -- jewelry, things of that nature. 13 Videotapes is another article that would 14 withstand the test of time and could be used 15 beyond the five-year statutory limitation. 16 I actually held a press conference 17 on this with one of my colleagues, Diane 18 Savino, and I always remember that there was 19 one woman who was the New York City chapter 20 president of NOW, National Organization of 21 Women, who supports this legislation, who was 22 a Queens prosecutor. She prosecuted a case or 23 attempted to prosecute a case where she 24 actually had evidence in the form of a 25 videotape from an ATM machine identifying

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(518) 371-8910 1 positively the rapist. Yet it was over the 2 five-year statutory limitation, so she was 3 unable to prosecute the case. 4 So that's why I think we need to 5 just get rid of the five-year statute, 6 regardless of whether or not there's only DNA 7 evidence. 8 I conducted a survey -- 9 ACTING PRESIDENT WINNER: Senator 10 Marcellino, why do you rise? 11 SENATOR MARCELLINO: Mr. 12 President, I'd like to lay the bill aside. 13 Lay the bill aside. 14 ACTING PRESIDENT WINNER: The 15 bill is laid aside. 16 Senator Little. 17 SENATOR LITTLE: Thank you, 18 Mr. President. Could we have the 19 noncontroversial reading of the Rules report. 20 ACTING PRESIDENT WINNER: The 21 Secretary will read. 22 THE SECRETARY: In relation to 23 Calendar Number 81, Senator Johnson, from the 24 Committee on Finance, moves to discharge 25 Assembly Bill Number 9564 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 6464, 2 Third Reading Calendar 81. 3 ACTING PRESIDENT WINNER: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 81, Assembly Budget Bill, Assembly Print 8 Number 9564, an act to amend Chapter 53 of the 9 Laws of 2005. 10 ACTING PRESIDENT WINNER: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WINNER: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT WINNER: The 19 bill is passed. 20 Senator Little. 21 SENATOR LITTLE: Thank you, 22 Mr. President. May we continue in regular 23 order. 24 ACTING PRESIDENT WINNER: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 82, Senator Johnson moves to 3 discharge, from the Committee on Finance, 4 Assembly Bill Number 9562A and substitute it 5 for the identical Senate Bill Number 6462A, 6 Third Reading Calendar 82. 7 ACTING PRESIDENT WINNER: 8 Substitution ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 82, Assembly Budget Bill, Assembly Print 12 Number 9562A, an act to amend Chapters 50, 53, 13 54 and 55 of the Laws of 2005. 14 ACTING PRESIDENT WINNER: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall -- 18 SENATOR SCHNEIDERMAN: Lay it 19 aside. 20 ACTING PRESIDENT WINNER: The 21 bill is laid aside. 22 That concludes the reading of the 23 Rules report. 24 SENATOR LITTLE: Thank you, 25 Mr. President. May we have the controversial

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(518) 371-8910 1 reading of the Rules report. 2 ACTING PRESIDENT WINNER: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 82, substituted earlier, Assembly Budget Bill, 6 Assembly Print Number 9562A, an act to amend 7 Chapters 50, 53, 54 and 55 of the Laws of 8 2005. 9 SENATOR SCHNEIDERMAN: 10 Explanation. 11 ACTING PRESIDENT WINNER: Senator 12 Johnson, an explanation has been requested. 13 SENATOR JOHNSON: Mr. President, 14 this bill is the Governor's supplemental 15 appropriations bill which he presented to us 16 along with the budget. It includes 17 $1.3 billion in all-funds appropriation, of 18 which $809 million is for General Fund 19 appropriations. This includes $50 million in 20 heat funding, $245 million to make payments 21 earlier than originally scheduled to the MTA 22 for transit operation aid, and $606 million in 23 funding for Medicaid. 24 ACTING PRESIDENT WINNER: Senator 25 Valesky.

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(518) 371-8910 1 SENATOR VALESKY: Mr. President, 2 I believe there's an amendment at the desk. I 3 ask that the reading of the amendment to be 4 waived and to be heard on that amendment. 5 ACTING PRESIDENT WINNER: The 6 reading is waived, and you may be heard on the 7 amendment, Senator Valesky. 8 SENATOR VALESKY: Mr. President, 9 the bill that we have just approved in this 10 house unanimously appropriates an additional 11 $50 million to the Low-Income Home Energy 12 Assistance Program, which will assist 13 low-income New Yorkers in paying their home 14 heating bills this year. 15 This particular piece of 16 legislation and this amendment seeks to 17 address another energy issue that we have in 18 this state, and that is the higher-than- 19 anticipated energy costs that school districts 20 are facing in the 2005-2006 academic year. In 21 fact, the Comptroller of the State of New York 22 has reported that school districts will spend 23 $200 million more this year on energy costs 24 than they did last year. 25 And so this amendment creates a

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(518) 371-8910 1 $100 million two-year grant program for school 2 districts across the State of New York to 3 apply to receive resources to help pay the 4 higher-than-anticipated energy costs. 5 The factors that would be used to 6 determine availability for school districts, 7 through the Commissioner of Education, would 8 be the district's ability to absorb the 9 increased costs, the impact that energy costs 10 are having and are projected to have on both 11 academic programs and on school property-tax 12 bills in the next academic year, and also it's 13 intended to reward those school districts who 14 have undertaken conservation measures and 15 other steps to reduce their energy costs. 16 I would encourage my colleagues 17 today to support this amendment. Thank you 18 very much, Mr. President. 19 ACTING PRESIDENT WINNER: Those 20 Senators in agreement with the amendment 21 please signify by raising your hands. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Those recorded in 25 agreement are Senators Andrews, Breslin,

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(518) 371-8910 1 Connor, Diaz, Dilan, Duane, Gonzalez, 2 Hassell-Thompson, Klein, L. Krueger, 3 C. Kruger, Montgomery, Onorato, Oppenheimer, 4 Parker, Paterson, Sabini, Sampson, Savino, 5 Schneiderman, Serrano, A. Smith, M. Smith, 6 Stachowski, Stavisky, and Valesky. 7 ACTING PRESIDENT WINNER: The 8 amendment is not agreed to. 9 Any other Senator wishing to be 10 heard? 11 Debate is closed. 12 The Secretary will ring the bell. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WINNER: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT WINNER: Senator 20 Wright, to explain his vote. 21 SENATOR WRIGHT: Thank you, 22 Mr. President. 23 I'm voting in favor of this 24 deficiency budget and want to commend the 25 Governor for the inclusion of an additional

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(518) 371-8910 1 $50 million to the home energy assistance 2 program. 3 It wasn't but three months ago that 4 we were back here last September voting on a 5 bill that Senator Spano had advanced called 6 the Senior Heat Program and clearly went on 7 record in terms of our commitment and 8 willingness to ensure that the elderly 9 population had additional funding and 10 assistance. 11 So I'm very glad to see this 12 appropriation, look forward to the next bill 13 and support for that with a further 14 appropriation of $50 million. 15 Let me also add that relative to 16 our school districts, I don't think there's 17 anyone that isn't concerned about the costs 18 that school districts are facing, that 19 colleges are facing, that hospitals are 20 facing. There are numerous institutions that 21 are facing increased energy costs. 22 I think those are the kind of 23 issues we should be looking at in the budget, 24 and particularly in light of school district 25 aid being a reimbursable aid, after the fact

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(518) 371-8910 1 could be well addressed in this year's budget. 2 I'm voting aye. Thank you, 3 Mr. President. 4 ACTING PRESIDENT WINNER: Senator 5 Wright will be recorded in the affirmative. 6 Senator Golden, to explain his 7 vote. 8 SENATOR GOLDEN: Thank you, 9 Mr. President. 10 I too will be voting yes on this 11 bill. It's an important bill, and the 12 Governor has put in another $50 million to 13 make it $100 million going to those who need 14 assistance across the city and state of 15 New York. 16 This money will be going to the 17 Office of Temporary and Disability Assistance, 18 who will make the decisions on how that money 19 will be distributed. But it's important that 20 our families receive this refund and these 21 dollars because of the amount of money that it 22 costs today per gallon of heating oil. 23 New York, statewide, today we're 24 paying about $2.56 or $2.57 per gallon, versus 25 $1.65 a year ago, a 24 percent increase and a

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(518) 371-8910 1 60 percent increase over the last two years. 2 About 805,000 households took the 3 opportunity to get that assistance this past 4 year. There were 2.5 million households that 5 had the opportunity to go after it, but only 6 805,000 took that opportunity. 7 Today there are many seniors over 8 60, there are many people that are 9 handicapped, there are many families of four 10 that make under $41,000, and I think it's 11 important that we get this money out to them 12 as soon as possible. 13 So I vote aye. 14 ACTING PRESIDENT WINNER: Senator 15 Golden will be recorded in the affirmative. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 is there any other business at the desk? 24 Before I move to adjourn, I'd just 25 like to mention that Mayor Brown --

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(518) 371-8910 1 (Applause.) 2 SENATOR SKELOS: Mayor Brown, 3 Mayor Brown, the pocket's empty. 4 (Laughter.) 5 SENATOR SKELOS: Mr. President, 6 would you please lay Calendar Number 11 aside 7 for the day. 8 And there being no further business 9 to come before the Senate, I move we stand 10 adjourned until Tuesday, January 24th, at 11 11:00 a.m. 12 ACTING PRESIDENT WINNER: The 13 bill is laid aside for the day. 14 And on motion, the Senate stands 15 adjourned until Tuesday, January 24, at 16 11:00 a.m. 17 (Whereupon, at 3:51 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25

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(518) 371-8910