Wednesday, March 14, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 14, 2007 11 11:01 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting 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 GRIFFO: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy, I would ask everyone to bow 11 their heads for a moment of silent prayer. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: The 15 reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, March 13, the Senate met pursuant to 18 adjournment. The Journal of Monday, March 12, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT GRIFFO: 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 I recognize Senator Bonacic. 8 SENATOR BONACIC: Thank you, 9 Mr. President. 10 This is to amend a bill on the 11 calendar third reading. On page number 16 I 12 offer the following amendments to Calendar 13 Number 209, Senate Print Number 1091, and ask 14 on behalf of Senator Saland that the bill 15 retain its place on the Third Reading 16 Calendar. 17 ACTING PRESIDENT GRIFFO: The 18 amendments are received and adopted, and the 19 bill will retain its place on the Third 20 Reading Calendar. 21 SENATOR BONACIC: Thank you. 22 ACTING PRESIDENT GRIFFO: Senator 23 Skelos. 24 SENATOR SKELOS: Mr. President, 25 if we could adopt the Resolution Calendar at

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(518) 371-8910 1 this time. 2 ACTING PRESIDENT GRIFFO: All in 3 favor of adopting the Resolution Calendar 4 signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT GRIFFO: 7 Opposed. 8 (No response.) 9 ACTING PRESIDENT GRIFFO: The 10 Resolution Calendar is adopted. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 there will be an immediate meeting of the 14 Rules Committee in the Majority Conference 15 Room, and the Senate will stand at ease. 16 ACTING PRESIDENT GRIFFO: 17 Announce an immediate meeting of the Rules 18 Committee in the Majority Conference Room, 19 Room 332. 20 The Senate will stand at ease. 21 (Whereupon, the Senate stood at 22 ease at 11:04 a.m.) 23 (Whereupon, the Senate reconvened 24 at 11:10 a.m.) 25 ACTING PRESIDENT GRIFFO: Senate

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(518) 371-8910 1 is in session. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could return to reports of standing 5 committees, there's a report of the Rules 6 Committee at the desk. I ask that it be read 7 at this time. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bill directly to third reading: 13 Senate Print 1584A, by Senator 14 Libous, an act to establish the "Flood 15 Assessment Relief Act of 2007." 16 SENATOR SKELOS: Move to accept 17 the report of the Rules Committee. 18 ACTING PRESIDENT GRIFFO: All in 19 favor of accepting the report of the Rules 20 Committee signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT GRIFFO: 23 Opposed. 24 (No response.) 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 Rules report is accepted. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could go to the noncontroversial reading 5 of the calendar. 6 ACTING PRESIDENT GRIFFO: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 99, by Senator Maziarz, Senate Print 1630, an 10 act to amend Part E2 of Chapter 62 of the Laws 11 of 2003. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 40. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 137, by Senator Morahan, Senate Print 2442, an 24 act to amend the General Business Law, in 25 relation to prohibiting.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 40. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 204, by Senator Young, Senate Print 365, an 13 act to amend the Highway Law, in relation to 14 permitting. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 40. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 208, by Senator Marcellino, Senate Print 619, 2 an act to amend the Vehicle and Traffic Law, 3 in relation to the enforcement of the offense 4 of operating a motor vehicle with a suspended 5 license. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the first of 10 November. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 39. Nays, 15 1. Senator Duane recorded in the negative. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 211, by Senator Farley, Senate Print 1241, an 20 act to amend the Highway Law, in relation to 21 changing the course. 22 ACTING PRESIDENT GRIFFO: Read 23 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 GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 40. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 219, by Senator Skelos, Senate Print 438, an 9 act to amend the Correction Law, in relation 10 to the failure to register. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 30th day. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 40. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 225, by Senator Little, Senate Print 1136, an 23 act to amend the General Municipal Law, in 24 relation to procurement. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 40. Nays, 8 1. Senator Hassell-Thompson recorded in the 9 negative. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 233, by Senator Flanagan, Senate Print 837, an 14 act to amend the Public Authorities Law, in 15 relation to tort claims. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 41. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 237, by Senator Trunzo, Senate Print 1775, an 3 act to amend Chapter 672 of the Laws of 1993, 4 amending the Public Authorities Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 41. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 295, by Senator Alesi, Senate Print 1654, an 17 act to amend the Retirement and Social 18 Security Law, in relation to option election. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 41. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 344, by Senator Libous, Senate Print 1584A, an 6 act to establish the "Flood Assessment Relief 7 Act of 2007." 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 6. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 41. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 Senator Skelos, that completes the 19 noncontroversial reading of the calendar. 20 SENATOR SKELOS: Thank you, 21 Mr. President. 22 There will be an immediate meeting 23 of the Finance Committee in the Majority 24 Conference Room to take up certain 25 nominations, and then we will return and take

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(518) 371-8910 1 up those nominations and adjourn. 2 So there will be an immediate 3 meeting of the Finance Committee. 4 ACTING PRESIDENT GRIFFO: There 5 will be an immediate meeting of the Finance 6 Committee in the Majority Conference Room. 7 The Senate is at ease. 8 (Whereupon, the Senate stood at 9 ease at 11:16 a.m.) 10 (Whereupon, the Senate reconvened 11 at 12:10 p.m.) 12 ACTING PRESIDENT GRIFFO: The 13 Senate will come to order. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could return to reports of standing 17 committees, there's a report of Finance 18 Committee at the desk. I ask that it be taken 19 up at this time. 20 ACTING PRESIDENT GRIFFO: Reports 21 of standing committees. 22 The Secretary will read. 23 THE SECRETARY: Senator O. 24 Johnson, from the Committee on Finance, 25 reports the following nominations.

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(518) 371-8910 1 As commissioner of the Office of 2 Mental Retardation and Developmental 3 Disabilities, Diana Jones Ritter, of 4 Niskayuna. 5 SENATOR SKELOS: Mr. President, I 6 believe the nominees are not quite here yet, 7 so we'll just stand at ease for a moment. 8 ACTING PRESIDENT GRIFFO: The 9 Senate will stand at ease. 10 (Whereupon, the Senate stood at 11 ease at 12:11 p.m.) 12 (Whereupon, the Senate reconvened 13 at 12:13 p.m.) 14 ACTING PRESIDENT GRIFFO: Senator 15 Little. 16 SENATOR LITTLE: Thank you, 17 Mr. President. 18 Would you please recognize Senator 19 Morahan. 20 ACTING PRESIDENT GRIFFO: The 21 chair recognizes Senator Morahan. 22 SENATOR MORAHAN: Thank you, 23 Mr. President. 24 It's my privilege and pleasure to 25 move the nomination of Diana Jones Ritter as

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(518) 371-8910 1 the commissioner of the Office of Mental 2 Retardation and Developmental Disabilities. 3 ACTING PRESIDENT GRIFFO: Senator 4 Farley. 5 SENATOR FARLEY: Thank you, 6 Mr. President. 7 I do rise to support the nomination 8 of Diana Jones Ritter, who is with us in the 9 gallery. And not only is she my constituent 10 from Niskayuna, but also her husband is my 11 constituent. 12 You know, this is a person that has 13 risen right through the ranks of state 14 government. She's been in the Comptroller's 15 office, in the division of audit and state 16 financial services. She's been in the Office 17 of Public Health. And she's eminently 18 qualified. 19 It is so, I guess, infrequently 20 that you see a commissioner that comes up 21 through the ranks and reaches the top. And if 22 anybody deserves it, Diana Jones Ritter does. 23 And I am thrilled to support her 24 nomination as commissioner for Mental 25 Retardation and Developmental Disabilities.

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(518) 371-8910 1 It's an area that really needs a lot of 2 attention, and I know that we're going to be 3 blessed by her service. 4 Good luck to you, Diana. 5 ACTING PRESIDENT GRIFFO: Senator 6 O. Johnson. 7 SENATOR OWEN JOHNSON: Move the 8 nomination. 9 ACTING PRESIDENT GRIFFO: The 10 question is on the nomination of Diana Jones 11 Ritter as commissioner of the Office of Mental 12 Health. All in favor signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT GRIFFO: 15 Opposed. 16 (No response.) 17 ACTING PRESIDENT GRIFFO: Diana 18 Jones Ritter is hereby confirmed as 19 commissioner of the Office of Mental Health. 20 Congratulations, Commissioner. 21 Excuse me, commissioner of the 22 Office of Mental Retardation and Developmental 23 Disabilities. 24 (Applause.) 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Little. 2 SENATOR LITTLE: Thank you, 3 Mr. President. 4 I would like to congratulate our 5 new commissioner, but I'd also like to correct 6 for the record that she is being nominated and 7 confirmed to the position of commissioner of 8 the Office of Mental Retardation and 9 Developmental Disabilities. 10 Thank you and congratulations, 11 Commissioner. 12 (Applause.) 13 ACTING PRESIDENT GRIFFO: 14 Congratulations, Commissioner. 15 My apologies; I'm a freshman. 16 And I appreciate the opportunity to 17 congratulate the commissioner and to 18 acknowledge her husband, Larry Ritter, who is 19 here; sons, Larry, Jr., and Kameron Ritter, 20 who are here in the gallery; mother, Marion 21 Jones; brother and sister-in-law, Charles and 22 Sue Jones; nieces, Kyla Jones and Yolanda 23 Bostic; and special guest Elizabeth Moore. 24 Our congratulations and best wishes 25 for a successful tenure.

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(518) 371-8910 1 (Applause.) 2 ACTING PRESIDENT GRIFFO: Senator 3 Little. 4 SENATOR LITTLE: Thank you, 5 Mr. President. 6 Would you please recognize Senator 7 Morahan. 8 ACTING PRESIDENT GRIFFO: 9 Senator Morahan. 10 SENATOR MORAHAN: Thank you, 11 Mr. President. I now move the nomination of 12 Michael F. Hogan, Ph.D., to serve as the 13 commissioner of the Office of Mental Health. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: As commissioner 17 of the Office of Mental Health, Michael F. 18 Hogan, Ph.D., of Alplaus. 19 ACTING PRESIDENT GRIFFO: Senator 20 Johnson. 21 SENATOR OWEN JOHNSON: Move the 22 nomination. 23 ACTING PRESIDENT GRIFFO: Senator 24 Farley. 25 SENATOR FARLEY: Thank you. Let

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(518) 371-8910 1 me say that I rise and I think it's is 2 appropriate in St. Patrick's Week that we 3 nominate and confirm Dr. Michael Hogan, of 4 Alplaus. 5 And not only is he a constituent of 6 mine, but his father, I just recently learned, 7 was the head of the English department at 8 Niskayuna High School, one of the finest 9 school systems in the world. 10 Dr. Hogan comes to us having served 11 in Connecticut and in Ohio. But let me just 12 say this. He's a graduate of Cornell 13 University, of which Senator Nozzolio was 14 terribly impressed, and he got his master's 15 degree from the University at Brockport and 16 also a Ph.D. from Syracuse University. Was 17 very disappointed that they didn't make the 18 big dance. 19 But outside of that, Dr. Hogan is 20 eminently qualified to be our commissioner of 21 Mental Health, even though we did our best to 22 try to get Diana Jones Ritter to be that 23 commissioner. 24 (Laughter.) 25 SENATOR FARLEY: This department

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(518) 371-8910 1 will be yours, or this agency will be yours, 2 Dr. Hogan. 3 You're eminently qualified. I 4 congratulate the Governor on your appointment. 5 And we all look forward to working with you, 6 and we wish you well in your tenure. 7 ACTING PRESIDENT GRIFFO: Senator 8 Volker. 9 SENATOR VOLKER: Mr. President, 10 very quickly. 11 In case anybody wondered what 12 happened to everybody here, it's classic 13 Legislature. We have people that are in 14 conference, that are preparing for conference 15 committees. In fact, I just got my script. 16 But that's why some people are not here. 17 But let me just say, Commissioner 18 Hogan, as I said in the Finance Committee, you 19 probably have one of the finest resumes for -- 20 and I've been here a lot of years. I can't 21 remember anybody who was confirmed to the 22 Office of Mental Health who had a better 23 management resume in mental health. 24 And as I said before, we used to 25 put psychiatrists in there. And after a year

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(518) 371-8910 1 or so, those psychiatrists ended up needing 2 psychiatrists, because you need somebody that 3 can manage, not just know about mental health. 4 So it's a great appointment, good 5 man -- despite the fact he comes from Senator 6 Farley's district, we'll forget that. And 7 you're a good man. 8 (Laughter.) 9 ACTING PRESIDENT GRIFFO: The 10 question is on the nomination of Dr. Michael 11 Hogan as commissioner of the Office of Mental 12 Health. All in favor signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT GRIFFO: 15 Opposed. 16 (No response.) 17 ACTING PRESIDENT GRIFFO: 18 Commissioner Hogan is hereby confirmed. 19 Congratulations, Dr. Hogan, and our 20 best wishes to you. 21 (Applause.) 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 THE SECRETARY: As commissioner 25 of the Department of Motor Vehicles, David J.

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(518) 371-8910 1 Swarts, of Elma. 2 ACTING PRESIDENT GRIFFO: Senator 3 Johnson. 4 SENATOR OWEN JOHNSON: Move the 5 nomination. 6 ACTING PRESIDENT GRIFFO: Senator 7 Maziarz. 8 SENATOR MAZIARZ: I'll defer to 9 Senator Volker. I'll go after Senator Volker. 10 ACTING PRESIDENT GRIFFO: Senator 11 Volker. 12 SENATOR VOLKER: Yeah, the reason 13 they're deferring to me is because he's my 14 constituent. 15 In fact, Senator Stachowski, who 16 had to run off and do some duties, said he's 17 my constituent now, he previous to that was 18 Senator Stachowski's, and so forth. 19 But I've known David for many, many 20 years. He's been the county clerk in Erie 21 County, been through the last-nine-year wars 22 in Erie County with the budget problems and so 23 forth. In fact, probably no county clerk in 24 Erie County history has had to go through the 25 terrible situation that David went through.

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(518) 371-8910 1 And if anybody can get through that 2 and keep the place even operating, as far as 3 I'm concerned he deserves to be not only Motor 4 Vehicles commissioner but probably should be 5 even something higher. 6 But I do say he's a good man, good 7 administrator, fine family. And I'm proud to 8 throw his name forward for DMV commissioner. 9 ACTING PRESIDENT GRIFFO: Senator 10 Maziarz. 11 SENATOR MAZIARZ: Thank you very 12 much, Mr. President. 13 Mr. President, this has nothing to 14 do with Dave Swarts, but I feel compelled, 15 since every meeting I've been to this morning 16 people have been getting in the names of their 17 universities, where they went. And 18 particularly, Niag University not only made 19 the big dance, but they actually won their 20 first game yesterday, Mr. President. 21 (Laughter.) 22 SENATOR MAZIARZ: So for the 23 record, that's my alma mater. It is not Dave 24 Swarts' alma mater. 25 But despite that, Dave Swarts is an

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(518) 371-8910 1 excellent nominee for the position of 2 commissioner of Motor Vehicles. I served with 3 Dave in an adjoining county as county clerk. 4 When he was in Erie County, I was in the 5 Niagara County Clerk's office. And Dave, 6 despite being on an opposite political team, 7 when I was first elected was one of the first 8 people to call me up to help me out in the 9 office, you know, particularly in the area of 10 the Department of Motor Vehicles. 11 As I said in the Finance Committee 12 meeting, the biggest interaction that any 13 county clerk has is with the Department of 14 Motor Vehicles. Tens of thousands, hundreds 15 of thousands of taxpaying residents interact 16 with the county clerks through the Department 17 of Motor Vehicles. It is not always a 18 pleasant experience. 19 But not only did Dave do an 20 excellent job in Erie County, but he had so 21 much respect from county clerks across 22 New York, Mr. President, that the County 23 Clerks Association for a number of years 24 unofficially and officially appointed Dave as 25 the liaison between the State Department of

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(518) 371-8910 1 Motor Vehicles and the county clerks' office. 2 So it's with a great deal of pride 3 that I see there are many people here who have 4 been associated with Dave over the years to 5 stand and to second this nomination. 6 And it's great that Senator Sabini, 7 somebody from the Democratic side, has been 8 able to join us. Given Dave's long experience 9 in helping out their side of the aisle, it's 10 good that Senator Sabini could join us. 11 But, Mr. President, I think this is 12 an excellent nomination on the part of the 13 Governor. I strongly urge my colleagues to 14 give this exceptional nominee unanimous 15 support. 16 Thank you. 17 ACTING PRESIDENT GRIFFO: Senator 18 Libous. 19 SENATOR LIBOUS: Thank you, 20 Mr. President. 21 Today we certainly have a slate of 22 extremely qualified nominees. But I want to 23 speak right now on Mr. Swarts, who was before 24 the Transportation Committee. 25 Unlike Senator Volker, I can't say

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(518) 371-8910 1 he's my constituent. Unlike Senator 2 Stachowski, I can't say I've known him for 3 over 20 years. But I can tell you that I've 4 known him for a short period of time and I've 5 talked to many people that he's dealt with, 6 not only those in state associations who have 7 worked directly with him but individuals who 8 he has served with. 9 And it is told time and time again 10 that he has a quality that is very important 11 to be the commissioner of the Department of 12 Motor Vehicles, that he cares about the 13 customer. And that's really what this is 14 about, the customer, the constituents that we 15 serve. 16 So I look forward, as the chairman 17 of the Transportation Committee, to working 18 with you, Dave. I know that there are a host 19 of issues and challenges that we have before 20 us. But I do know that you will tackle them 21 efficiently and effectively. 22 And I would also say that anybody 23 who took 70 percent of the vote the last time 24 he ran in Erie County must be doing something 25 right. The customers believe in you.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Fuschillo. 3 SENATOR FUSCHILLO: Thank you 4 very much, Mr. President. 5 I just want to concur with my 6 colleagues, this is an excellent choice from 7 the Governor on this nomination. 8 In his brief tenure as acting 9 commissioner, my office and myself have dealt 10 with Mr. Swarts, and he's been extremely 11 professional and very responsive, and I 12 appreciate that. 13 And I relayed in the committee, the 14 confirmation hearings, what it used to be 15 like. We used to go to the DMV and pack a 16 lunch, and we would spend the entire day there 17 just trying to get through the lines and the 18 mazes of human bodies. But that's all 19 changed. 20 One of the areas I've asked the 21 commissioner, soon-to-be commissioner to 22 consider is the administrative law judges 23 under the guidance of the commissioner in 24 respect to giving back a driver's license on a 25 restricted or confined basis to those who have

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(518) 371-8910 1 been convicted of multiple DWIs. 2 As I said to you and I'll say to 3 this body, it's a danger to this society when 4 individuals who have been convicted of 5 multiple drinking and driving offenses in this 6 state get restricted licenses. And that's 7 something I hope that we can work together and 8 take a serious look at. 9 I enthusiastically support this 10 nominee, and I welcome him into his new 11 position. 12 Congratulations. 13 ACTING PRESIDENT GRIFFO: Senator 14 Sabini. 15 SENATOR SABINI: Thank you, 16 Mr. President. On the nomination. 17 First of all, let me apologize to 18 Senator Maziarz that we weren't in the 19 chamber. We had a meeting with an important 20 state employee. I guess you guys remember 21 what that was like one time. But we had to be 22 there. 23 And we were urged to support the 24 nomination of Mr. Swarts as commissioner of 25 DMV. We have had a number of conversations

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(518) 371-8910 1 since the Governor has proposed his name and 2 have found him to be responsive and concerned 3 about some of the issues that I and my 4 colleagues on both sides of the aisle have 5 brought up. 6 And DMV is often an agency that in 7 almost every state is sort of kidded about as 8 a bureaucracy, as something that's 9 inefficient. Our DMV has, as Senator 10 Fuschillo said, moved light years in the last 11 few years to be more efficient. Mr. Swarts's 12 reputation in Erie County is one of running a 13 very efficient office as well. And I'm sure 14 he will be part of the increased user-friendly 15 DMV that we'd like to see in this 16 administration. 17 He has a number of issues in front 18 of him that he'll tackling in the next couple 19 of months, and I look forward to working with 20 him and congratulate him on his nomination, 21 congratulate the Governor on a very good 22 appointment. 23 Thank you, Mr. President. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Sabini.

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(518) 371-8910 1 The question is on the nomination 2 of David J. Swarts as commissioner of the 3 Department of Motor Vehicles. All in favor 4 signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT GRIFFO: 7 Opposed. 8 (No response.) 9 ACTING PRESIDENT GRIFFO: 10 Congratulations to Commissioner Swarts. He's 11 accompanied by his wife, Susan. 12 We wish you the best of luck and 13 success. 14 (Applause.) 15 ACTING PRESIDENT GRIFFO: Senator 16 Little. 17 SENATOR LITTLE: Thank you, 18 Mr. President. We have some housekeeping. 19 On page number 14, I offer the 20 following amendments to Calendar Number 160, 21 Senate Print Number 1093, and ask that said 22 bill retain its place on Third Reading 23 Calendar, on behalf of Senator Saland. 24 ACTING PRESIDENT GRIFFO: The 25 amendments are received and adopted, and the

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(518) 371-8910 1 bill will retain its place on the Third 2 Reading Calendar. 3 SENATOR LITTLE: Thank you, Mr. 4 President. 5 On behalf of Senator DeFrancisco, 6 on page number 15 I offer the following 7 amendments to Calendar Number 178, Senate 8 Print 242, and ask that said bill retain its 9 place on Third Reading Calendar. 10 ACTING PRESIDENT GRIFFO: The 11 amendments are received and adopted, and the 12 bill will retain its place on the Third 13 Reading Calendar. 14 SENATOR LITTLE: Thank you, 15 Mr. President. 16 On behalf of Senator Libous, I wish 17 to call up Senate Print Number 1584A, recalled 18 from the Assembly, which is now at the desk. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 344, by Senator Libous, Senate Print 1584A, an 23 act to establish. 24 ACTING PRESIDENT GRIFFO: Senator 25 Little.

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(518) 371-8910 1 SENATOR LITTLE: Mr. President, I 2 now move to reconsider the vote by which this 3 bill was passed and ask that the bill be 4 restored to the order of third reading. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will call the roll on 7 reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 SENATOR LITTLE: Thank you, 11 Mr. President. 12 I now move to discharge, from the 13 Committee on Rules, Assembly Print Number 14 4868B and substitute it for my identical bill. 15 The Senate bill on first passage 16 was voted unanimously. I now move that the 17 substituted Assembly bill have its third 18 reading at this time. 19 ACTING PRESIDENT GRIFFO: So 20 ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 344, by Member of the Assembly Lupardo, 24 Assembly Print Number 4868B, an act to 25 establish.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 Senator Little. 12 SENATOR LITTLE: Thank you. 13 Mr. President, I move to take from 14 the table Senate Bill Number 2104A, which was 15 lost on March 12. I further move to 16 reconsider the vote by which the bill was 17 lost. 18 ACTING PRESIDENT GRIFFO: The 19 Secretary will call the roll on 20 reconsideration. 21 THE SECRETARY: In relation to 22 Calendar Number 333. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is restored to the Third Reading 2 Calendar. 3 Senator Little. 4 SENATOR LITTLE: Mr. President, I 5 now move to recommit Senate Print Number 6 2104B, Calendar 333 on the order of third 7 reading, to the Committee on Rules. 8 ACTING PRESIDENT GRIFFO: So 9 ordered. 10 SENATOR LITTLE: Thank you. 11 Mr. President, is there any further 12 business to come before the Senate today? 13 ACTING PRESIDENT GRIFFO: There 14 is no further business at the desk. 15 SENATOR LITTLE: Thank you. 16 I ask that we adjourn until Monday, 17 March 19th, at 3:00 p.m., intervening days 18 being legislative days. 19 ACTING PRESIDENT GRIFFO: On 20 motion, the Senate stands adjourned until 21 Monday, March 19th, at 3:00 p.m., intervening 22 days being legislative days. 23 (Whereupon, at 12:26 p.m., the 24 Senate adjourned.) 25

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(518) 371-8910