Wednesday, April 25, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 25, 2007 11 11:16 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR THOMAS P. MORAHAN, 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 MORAHAN: The 3 Senate will come to order. 4 If you would all join me in 5 repeating the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MORAHAN: In the 9 absence of clergy, if you'd all bow your heads 10 for a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT MORAHAN: The 14 reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, April 24, the Senate met pursuant to 17 adjournment. The Journal of Monday, April 23, 18 was read and approved. On motion, Senate 19 adjourned. 20 ACTING PRESIDENT MORAHAN: 21 Without objection, the Journal stands approved 22 as read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Fuschillo. 7 SENATOR FUSCHILLO: Thank you 8 very much, Mr. President. 9 On behalf of Senator Volker, please 10 place a sponsor's star on Calendar Number 195. 11 ACTING PRESIDENT MORAHAN: So 12 ordered. 13 SENATOR FUSCHILLO: Thank you. 14 ACTING PRESIDENT MORAHAN: You're 15 welcome. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, I 18 believe there's a substitution at the desk. 19 If we could make it at this time. 20 ACTING PRESIDENT MORAHAN: The 21 Secretary will read. 22 THE SECRETARY: On page 36, 23 Senator Lanza moves to discharge, from the 24 Committee on Environmental Conservation, 25 Assembly Bill Number 6319 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 3190, 2 Third Reading Calendar 556. 3 ACTING PRESIDENT MORAHAN: 4 Substitution ordered. 5 SENATOR SKELOS: Mr. President, 6 there's a Resolution 1756 at the desk, by 7 Senator Seward. Could we have the title read 8 and move for its immediate adoption. 9 ACTING PRESIDENT MORAHAN: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Seward, Legislative Resolution Number 1756, 13 commending Firefighter Orrin D. Mann, Jr., 14 upon the occasion of his designation for 15 special recognition after 50 years of 16 dedicated service to the Schoharie Fire 17 Department. 18 ACTING PRESIDENT MORAHAN: On the 19 resolution, all in favor say aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT MORAHAN: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT MORAHAN: The 25 resolution is passed, Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Thank you, 2 Mr. President. 3 There will be an immediate meeting 4 of the Rules Committee in the Majority 5 Conference Room, and the Senate will stand at 6 ease. 7 ACTING PRESIDENT MORAHAN: There 8 will be an immediate meeting of the Rules 9 Committee in the Senate Majority Conference 10 Room, and the Senate will stand at ease. 11 (Whereupon, the Senate stood at 12 ease at 11:20 a.m.) 13 (Whereupon, the Senate reconvened 14 at 11:28 a.m.) 15 ACTING PRESIDENT MORAHAN: The 16 house will come to order. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could return to motions and resolutions, 20 there's a resolution at the desk by Senator 21 Leibell. If we could have the title read and 22 move for its immediate adoption. 23 ACTING PRESIDENT MORAHAN: 24 Motions and resolutions. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Leibell, Legislative Resolution Number 1757, 3 commending Ken and Trish Mahoney upon the 4 occasion of their designation for special 5 honor by the Make-A-Wish Foundation of the 6 Hudson Valley on April 27, 2007. 7 ACTING PRESIDENT MORAHAN: On the 8 resolution, all in favor say aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MORAHAN: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MORAHAN: The 14 resolution is passed. 15 SENATOR SKELOS: Mr. President, 16 if we could return to reports of standing 17 committees for the report of the Rules 18 Committee. 19 ACTING PRESIDENT MORAHAN: 20 Reports of standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 24 following bills: 25 Senate Print 4524, by Senator

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(518) 371-8910 1 LaValle, an act to amend the Education Law; 2 And Senate Print 4863, by Senator 3 Oppenheimer, an act authorizing the villages 4 of Larchmont and Mamaroneck. 5 Both bills ordered direct to third 6 reading. 7 ACTING PRESIDENT MORAHAN: 8 Senator Skelos. 9 SENATOR SKELOS: Move to accept 10 the report of the Rules Committee. 11 ACTING PRESIDENT MORAHAN: On the 12 motion to accept the report of the Rules 13 Committee, all in favor say aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MORAHAN: 16 Opposed, say nay. 17 (No response.) 18 ACTING PRESIDENT MORAHAN: The 19 motion is passed. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 if we could go to the noncontroversial reading 23 of the calendar. 24 ACTING PRESIDENT MORAHAN: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 63, by Senator Maziarz, Senate Print 947B, an 3 act to amend the Penal Law, in relation to 4 crimes of criminal possession. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT MORAHAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT MORAHAN: 14 Announce the results. 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT MORAHAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 169, by Senator Bonacic, Senate Print 490, an 20 act to amend the Alcoholic Beverage Control 21 Law, in relation to Class A-1 distiller's 22 license. 23 ACTING PRESIDENT MORAHAN: 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 MORAHAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MORAHAN: 6 Announce the results. 7 THE SECRETARY: Ayes, 55. Nays, 8 1. Senator Duane recorded in the negative. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 202, by Senator Maziarz, Senate Print 45, an 13 act to amend the Vehicle and Traffic Law, in 14 relation to repeat convictions. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 367, by Senator Larkin, Senate Print 645, an 4 act to amend the Lien Law, in relation to 5 authorizing. 6 ACTING PRESIDENT MORAHAN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 60th day. 10 ACTING PRESIDENT MORAHAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT MORAHAN: 14 Announce the results. 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT MORAHAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 520, by Senator Saland, Senate Print 3913A, an 20 act to amend the Social Services Law, in 21 relation to including certain school 22 employees. 23 ACTING PRESIDENT MORAHAN: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT MORAHAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MORAHAN: 6 Announce the results. 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT MORAHAN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 556, substituted earlier today by Member of 12 the Assembly Cusick, Assembly Print Number 13 6319, an act to amend Chapter 395 of the Laws 14 of 1978. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Senator Duane, to explain his vote. 24 SENATOR DUANE: Thank you, 25 Mr. President.

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(518) 371-8910 1 I just want to point out that last 2 year there were 11 members who voted no on 3 this piece of legislation. 4 This legislation would impose a ban 5 on the siting of facilities for transporting 6 and storing liquid natural gas in the City of 7 New York. Now, if we do enact this bill, it 8 will impose a tremendous burden on the siting 9 of and maintaining of the natural gas 10 facilities in New York City. 11 Now, natural gas is a nonpolluting 12 or, I should say, a cleaner source of energy. 13 And we should be encouraging the use of 14 natural gas, which of course would mean that 15 we will need to provide for more natural gas 16 facilities. 17 While I know that 30 years ago 18 there was a tragedy that was caused by a 19 natural gas explosion, we are certainly much 20 further along in our being able to deal with 21 this cleaner energy source. 22 So prohibiting the siting of these 23 facilities is a bad idea for a whole host of 24 reasons, but especially if we want to try to 25 protect the environment.

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(518) 371-8910 1 I do know that DEC would like to 2 promulgate regulations on this issue. I'm 3 hoping that the new commissioner will do so in 4 a timely manner. But in the meantime, I think 5 it behooves many of us to vote no on this so 6 as to provide for the opportunity to site 7 facilities where natural gas can be kept. 8 Mr. President, I'll be voting no. 9 Thank you. 10 ACTING PRESIDENT MORAHAN: 11 Senator Duane will be recorded in the 12 negative. 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 556 are 16 Senators Adams, Breslin, Diaz, Dilan, Duane, 17 Gonzalez, Hassell-Thompson, L. Krueger, 18 Parker, Perkins, Sabini, Sampson, Serrano and 19 Stavisky. Also Senator Montgomery. Also 20 Senator Oppenheimer. 21 ACTING PRESIDENT MORAHAN: 22 Announce the results. 23 THE SECRETARY: Ayes, 43. Nays, 24 16. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, I 4 don't know if everybody is going to applaud, 5 but this is Senator Lanza's first bill, I 6 believe. 7 So we congratulate you, Senator 8 Lanza. 9 (Applause.) 10 ACTING PRESIDENT MORAHAN: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 558, by Senator Lanza, Senate Print 4044, an 14 act to amend the Environmental Conservation 15 Law, in relation to restrictions. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MORAHAN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MORAHAN: 24 Announce the results. 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 bill is passed. 3 And no applause for that one. 4 (Laughter.) 5 THE SECRETARY: Calendar Number 6 568, by Senator Larkin, Senate Print 905A, an 7 act to authorize the Town of Chester, in the 8 County of Orange. 9 ACTING PRESIDENT MORAHAN: There 10 is a home-rule message at the desk. 11 Read the last section. 12 A little order in the house. The 13 Secretary is having great difficulty in trying 14 to hear my instructions. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 569, by Senator Little, Senate Print 1131, an 25 act to amend the General Municipal Law, in

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(518) 371-8910 1 relation to balancing public interests. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first of July. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Announce the results. 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 572, by Senator Morahan, Senate Print 1473, an 16 act to authorize the Village of Greenwood 17 Lake, in Orange County. 18 ACTING PRESIDENT MORAHAN: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT MORAHAN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 574, by Senator LaValle, Senate Print 1852, an 8 act to amend the General Municipal Law, in 9 relation to allowing. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 575, by Senator Seward, Senate Print 2006, an 24 act authorizing the towns of Richfield, Otsego 25 and Exeter in the County of Otsego.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: There 2 is a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Announce the results. 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 578, by Senator Winner, Senate Print 3231, an 16 act to amend the General Municipal Law, in 17 relation to municipal annexation. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 7. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 590, by Senator Morahan, Senate Print 3685, an 7 act to amend the Mental Hygiene Law, in 8 relation to providing for the submission of 9 reports. 10 ACTING PRESIDENT MORAHAN: That 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 592, by Senator Morahan, Senate Print 3960, an 14 act to amend Chapter 667 of the Laws of 2006. 15 ACTING PRESIDENT MORAHAN: 16 Senator Skelos, can we return to 590? 17 SENATOR SKELOS: Without 18 objection. 19 Calendar 590 was laid aside in 20 error. If we could take that up at this time. 21 THE SECRETARY: Calendar Number 22 590, by Senator Morahan, Senate Print 3685, an 23 act to amend the Mental Hygiene Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of January. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 592, by Senator Morahan -- 13 SENATOR SKELOS: Please lay that 14 aside for the day. 15 ACTING PRESIDENT MORAHAN: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 597, by Senator LaValle, Senate Print 3659, an 19 act to amend the Education Law, in relation to 20 the practice of interior design. 21 ACTING PRESIDENT MORAHAN: Read 22 the last section. 23 THE SECRETARY: Section 9. This 24 act shall take effect one year after the date 25 on which it shall have become a law.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 687, by Senator LaValle, Senate Print 4524, an 9 act to amend the Education Law, in relation to 10 protecting students. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the 30th day. 15 ACTING PRESIDENT MORAHAN: 16 Senator LaValle, to explain his vote. 17 SENATOR LaVALLE: Thank you, 18 Mr. President. 19 We are passing a bill that each 20 member of this house is on. It's a bill at 21 the request of the Attorney General. 22 And I just want to say that the 23 Attorney General should be complimented for 24 his work in this area, one, to identify the 25 problem that has existed between lending

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(518) 371-8910 1 agents and institutions dealing with student 2 loans and the fact that lending agencies have 3 in many, many instances given gifts in order 4 to receive a place of preference on the loan 5 lending list. 6 And the second thing that the 7 Attorney General has done is met with the 8 lenders and institutions, and fines have been 9 levied against them. 10 The third thing is this legislation 11 that is before us is one which this house and 12 the Assembly have entered into discussions to 13 formulate a code of conduct so that our 14 students and the exploitation of students will 15 never exist again. 16 I know that I spoke with Senator 17 Stavisky earlier and that there are some 18 technical questions that some of the members 19 have on this legislation. We have -- both 20 Assembly members and the Senate have entered 21 into discussions to resolve these technical 22 questions so that there are no unintended 23 consequences on this legislation. Whether we 24 will be passing a chapter amendment later on I 25 believe will be the course that we will be

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(518) 371-8910 1 taking. 2 But I just want to say that thank 3 you to each and every member for your input 4 and your participation and sponsorship, and 5 again to the Attorney General for his 6 vigilance and his work on this matter. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MORAHAN: 9 Senator Stavisky, to explain her vote. 10 SENATOR STAVISKY: Yes, 11 Mr. President, to explain my vote. 12 This is an important bill for each 13 of the young people throughout the state who 14 are applying to college. It's a particularly 15 terrifying time for these young people as they 16 enter a new phase of their life, and trying to 17 be sure that they're not going to be taken 18 advantage of should not be one of their 19 concerns. 20 I thank the Attorney General for 21 bringing this issue to the forefront and the 22 work that he did in securing consent decrees 23 and research and investigations into some of 24 the unscrupulous practices. 25 Hopefully this legislation will

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(518) 371-8910 1 resolve many of these difficulties. There are 2 some problems, perhaps, and I know they will 3 be addressed in a chapter amendment. But let 4 me add that this is the way government is 5 supposed to work, in a bipartisan or 6 nonpartisan manner, with the Assembly and the 7 Senate, the Majority and the Minority, working 8 together with the Attorney General and the 9 Governor to resolve a very serious problem. 10 And this legislation I think is 11 important because it sets the trend not only 12 in New York State, but nationally. This 13 legislation has national implications. I 14 suspect that other states will be following 15 our lead. And once again, New York, I think, 16 is going to be in the forefront of this issue. 17 So I thank Senator LaValle and the 18 Attorney General. And let's hope that the 19 difficult times that high school seniors face 20 can somehow be alleviated with this 21 legislation. 22 Thank you. 23 ACTING PRESIDENT MORAHAN: Thank 24 you, Senator. 25 Senator Marcellino, to explain his

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(518) 371-8910 1 vote. 2 SENATOR MARCELLINO: Thank you 3 very much, Mr. President. 4 I agree with Senator Stavisky 5 wholeheartedly. And I thank Senator LaValle 6 for taking up this issue today and passing 7 this needed legislation. I congratulate the 8 Attorney General, Andrew Cuomo, for uncovering 9 this very, very distasteful procedure and 10 behavior on the part of certain loan 11 institutions and the colleges that colluded 12 with them. 13 It is an example of what can happen 14 when people at all levels of government -- the 15 Governor, the Attorney General, both houses of 16 the Legislature -- actually sit down and talk 17 to one another in a collegial manner, with 18 respect. No pounding the table, no screaming 19 and yelling, no threats, but really discuss an 20 important issue that's significant for the 21 residents of our state. 22 As a parent of a youngster who went 23 through college and law school and is still 24 paying off his loans, I understand the 25 problems that the parents of these kids are

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(518) 371-8910 1 facing. They have extreme expenses to go 2 through. 3 It's very important and it's very 4 costly to send a child to any level of college 5 and any level of school. It's extremely 6 expensive. Anyone who would make that more 7 expensive deserves our utmost contempt. And 8 this activity, again, in a bipartisan way, 9 working together, will help solve that 10 problem. 11 So again, Senator LaValle to be 12 congratulated for taking leadership on this, 13 the Attorney General to be congratulated for 14 taking leadership on this. And all who 15 sponsored and cosponsored this important 16 legislation, thank you. 17 And I wish to vote aye on this very 18 important piece. 19 ACTING PRESIDENT MORAHAN: 20 Senator Marcellino will be recorded in the 21 affirmative. 22 Senator Stewart-Cousins. 23 SENATOR STEWART-COUSINS: Yes, to 24 explain my vote. 25 I too wanted to commend certainly

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(518) 371-8910 1 Senator LaValle and Senator Stavisky and the 2 Attorney General. This is such an important 3 piece of legislation. 4 I know I might be one of many who 5 were first-generation college-goers and their 6 families. And I know that my parents had no 7 idea as to how to actually afford the 8 education that they knew was going to be so 9 important to their child. And when lenders 10 came, whoever would give to someone who made 11 minimum wage alone, you tended to go and say 12 fine, at least this will help finance a dream. 13 So to have legislation in place 14 that protects students from the ambitions of 15 those who would not necessarily seek their 16 higher education, but just profit, is so very, 17 very important. 18 Another part of this legislation 19 establishes the student lending education 20 account. And I don't think that that's been 21 emphasized enough, because those who have to 22 pay fines will now have their money go into a 23 lending education account so the parents and 24 students can go and get real information about 25 their options as they finance their education

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(518) 371-8910 1 dream. 2 So again, I want to commend my 3 colleagues and the Attorney General and look 4 forward to working in a bipartisan way to pass 5 the kinds of legislation that not only builds 6 hope now but protects the future. 7 Thank you. 8 ACTING PRESIDENT MORAHAN: 9 Senator Stewart-Cousins will be recorded in 10 the affirmative. 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 688, Senator Oppenheimer moves 17 to discharge, from the Committee on Rules, 18 Assembly Bill Number 7553 and substitute it 19 for the identical Senate Bill Number 4863, 20 Third Reading Calendar 688. 21 ACTING PRESIDENT MORAHAN: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 688, by Member of the Assembly Latimer,

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(518) 371-8910 1 Assembly Print Number 7553, an act authorizing 2 the villages of Larchmont and Mamaroneck. 3 ACTING PRESIDENT MORAHAN: There 4 is a home-rule message at the desk. 5 Senator Oppenheimer. 6 SENATOR OPPENHEIMER: Mr. 7 President, very briefly. I just want to thank 8 so many people who have made this happen in 9 the last 40 hours. 10 We had, from my village of 11 Mamaroneck -- which, as many of you know, a 12 third of the village has been kind of 13 destroyed. And it would be impossible for us 14 to finalize the adoption of a village budget 15 by the first of May. The entire operation of 16 my village is totally in confusion. 17 And so for all the people that 18 helped make this happen on both sides of the 19 aisle and in the other house, I want to thank 20 you. Because this was a very quick operation, 21 as you all know. And without assistance, we 22 could not have done this. 23 So thank you. And any of you folks 24 want to help, Habitat for Humanity is very 25 actively working in my village and we are

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(518) 371-8910 1 taking groups from union workers, my husband's 2 law firm put out a message to the 500 lawyers 3 in the firm, and we have something like 30 4 people coming from Proskauer to help rebuild 5 some of our housing with Habitat for Humanity. 6 So if any of you are so motivated, 7 please get in touch with me, because we have 8 lots of needs. 9 Thank you very much. 10 ACTING PRESIDENT MORAHAN: You're 11 welcome. 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 SENATOR SKELOS: Mr. President. 24 ACTING PRESIDENT MORAHAN: 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Is there any 2 further business at the desk? 3 ACTING PRESIDENT MORAHAN: There 4 is no other business at the desk. 5 SENATOR SKELOS: Please recognize 6 Senator Bonacic. 7 ACTING PRESIDENT MORAHAN: 8 Senator Bonacic. 9 SENATOR BONACIC: Thank you, 10 Mr. President. 11 I'm going to ask, pursuant to 12 Rule 9, Section 4B, for unanimous consent of 13 my colleagues to talk of an event, because of 14 some extraordinary circumstances that occurred 15 yesterday and today in our Senate district 16 concerning the shooting of three state 17 troopers. 18 ACTING PRESIDENT MORAHAN: 19 Without objection. Continue, Senator. 20 SENATOR BONACIC: I remember, 21 1990, I came to Albany in a special election. 22 My first speech on the floor, I was very 23 nervous, never having been before a 24 prestigious body. And while I'm in the middle 25 of the speech on the death penalty, an aide

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(518) 371-8910 1 comes up to me and gives me a note and says: 2 "Investigator Aversa from your district was 3 killed in a drug buy." 4 That was back in 1990. I'm 5 saddened to stand here today and talk about 6 shootings of state police officers yesterday 7 and today in our Senate district. 8 You know, we get up here and 9 there's a lot of political rhetoric. And 10 sometimes we get calloused and we listen with 11 a half ear, or we don't even listen at all, we 12 don't listen to the words because they're just 13 words. 14 But police officers are the 15 difference between chaos and civility in the 16 protection of your children and your loved 17 ones and yourselves. We go every year to the 18 Capitol Plaza, in front of the monument, and 19 we honor all of the troopers that were killed. 20 Our sergeants-at-arms and the 21 people that stand outside are former police 22 officers and BCI that protect us from people 23 that may want to come in here and do harm to 24 us. 25 Last year Bucky Phillips, that

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(518) 371-8910 1 fugitive from justice who escaped from jail, 2 shot two police officers, state troopers. 3 Killed one of them, and we honored his widow, 4 when she was up there, and this police 5 officer's conduct. That was Officer 6 Longobardo. Officer Baker is still 7 recovering. 8 Yesterday, in the small town of 9 Margaretville, sleepy town upstate, could be 10 any community that you know -- vacation, had a 11 second home, visited -- less than 7,000 12 people -- a young man came up and shot a 13 trooper at a stop at a local convenience 14 store. That was Trooper Gombosi. We read 15 about it. Had a bulletproof vest on, walked 16 away uninjured. That's a good thing. 17 Today, that same perpetrator comes 18 back and shoots two state troopers. They were 19 flown this morning to Albany Med. The names 20 are not being released. I'm told one died. 21 His family is there now. 22 Now, I say to you we can make a 23 difference. I understand that this 24 perpetrator is surrounded in a building up in 25 Delaware County. Don't know what's going to

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(518) 371-8910 1 happen. But I'm here to ask you to consider 2 this. Last year we passed a death penalty for 3 cop killers. That's what we did. The 4 Assembly did nothing. 5 Now, I asked the Governor, who's 6 touring the state on campaign finance reform, 7 come back to Albany. The safety and the 8 protection of our communities is paramount. 9 And the protection of law enforcement, who put 10 their lives on the line every day, for us and 11 our loved ones, is paramount. 12 Come back and tell the Assembly to 13 pass the cop-killing death legislation, 14 because we in this chamber will be doing it 15 again. And I know many of you have supported 16 it, and I thank you for that. And more 17 importantly, the law enforcement community 18 thanks you for that. 19 So I stand in great sorrow today 20 when I talk to you. And my prayers go to the 21 families of those two state troopers that were 22 shot; one killed, the other in critical 23 condition. 24 Thank you, Mr. President. 25 ACTING PRESIDENT MORAHAN: Thank

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(518) 371-8910 1 you, Senator Bonacic. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 there being no further business to come before 5 the Senate, I move we stand adjourned until 6 April 30th, at 3:00 p.m., intervening days 7 being legislative days. 8 And perhaps we could rise and have 9 a silent prayer for our state troopers, those 10 who have been injured, those who have lost 11 their lives. 12 ACTING PRESIDENT MORAHAN: There 13 will be a moment of silence. 14 (Whereupon, the assemblage 15 respected a moment of silence.) 16 ACTING PRESIDENT MORAHAN: The 17 Senate stands adjourned until April 30th, at 18 3:00 p.m., intervening days being legislative 19 days. 20 (Whereupon, at 11:57 a.m., the 21 Senate adjourned.) 22 23 24 25

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(518) 371-8910