Tuesday, May 29, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 29, 2007 11 3:12 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, 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 come to order. 4 I ask all those assembled to please 5 rise and join me in reciting our Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: Our invocation 10 for today was written by yours truly but will 11 be presented by Father Peter G. Young, of 12 Mother Theresa Community here in Albany. 13 REVEREND YOUNG: Thank you. Let 14 us pray. 15 We are proud New York State elected 16 leaders, as were our six presidents from 17 New York State -- Van Buren, Fillmore, Arthur, 18 Cleveland, Theodore and Franklin Roosevelt. 19 May we continue in the greatness of 20 their dedicated public service to all of our 21 New York State citizens. May we follow in the 22 rich tradition of the Senators that first met 23 in Kingston five days after the Declaration of 24 Independence. 25 You, O God, have provided our

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(518) 371-8910 1 Senators with outstanding examples to inspire 2 those in this Senate chamber today for 3 committed service and dedication to all of our 4 New York State citizens. 5 Amen. 6 THE PRESIDENT: I thought that 7 was wonderful. 8 The reading of the Journal. 9 THE SECRETARY: In Senate, 10 Monday, May 28, the Senate met pursuant to 11 adjournment. The Journal of Sunday, May 27, 12 was read and approved. On motion, Senate 13 adjourned. 14 THE PRESIDENT: Without 15 objection, the Journal stands approved as 16 read. 17 Presentation of petitions. 18 Messages from the Assembly. 19 Messages from the Governor. 20 Reports of standing committees. 21 Reports of select committees. 22 Communications and reports from 23 state officers. 24 Motions and resolutions. 25 Senator Fuschillo.

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(518) 371-8910 1 SENATOR FUSCHILLO: Thank you, 2 Mr. President. 3 On behalf of Senator DeFrancisco, I 4 wish to call up Senate Print Number 4780, 5 recalled from the Assembly, which is now at 6 the desk. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 840, by Senator DeFrancisco, Senate Print 11 4780, an act to amend the Family Court Act. 12 SENATOR FUSCHILLO: I now move to 13 reconsider the vote by which the bill was 14 passed. 15 THE PRESIDENT: Call the roll on 16 reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 45. 19 SENATOR FUSCHILLO: I now offer 20 the following amendments. 21 THE PRESIDENT: The amendments 22 are received and adopted. 23 SENATOR FUSCHILLO: 24 Mr. President, on behalf of Senator Saland, I 25 wish to call up Senate Print Number 1147,

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(518) 371-8910 1 recalled from the Assembly, which is now at 2 the desk. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: Calendar Number 6 95, by Senator Saland, Senate Print 1147, an 7 act to amend Chapter 698 of the Laws of 1996. 8 SENATOR FUSCHILLO: I now move to 9 reconsider the vote by which the bill was 10 passed. 11 THE PRESIDENT: The Secretary 12 will call the roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 45. 15 SENATOR FUSCHILLO: I now offer 16 the following amendments. 17 THE PRESIDENT: The amendments 18 are received and adopted. 19 Senator Fuschillo. 20 SENATOR FUSCHILLO: Mr. 21 President, on behalf of Senator Morahan, I 22 move that the following bill be discharged 23 from its respective committee and be 24 recommitted with instructions to strike the 25 enacting clause: Senate Print Number 5701.

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(518) 371-8910 1 THE PRESIDENT: So ordered. 2 SENATOR FUSCHILLO: Mr. 3 President, I wish to call up my bill, Senate 4 Print Number 3541, recalled from the Assembly, 5 which is now at the desk. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Calendar Number 9 806, by Senator Fuschillo, Senate Print 3541, 10 an act to authorize Hands across Long Island, 11 Inc. 12 SENATOR FUSCHILLO: I now move to 13 reconsider the vote by which the bill was 14 passed. 15 THE PRESIDENT: The Secretary 16 will call the roll on reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 47. 19 SENATOR FUSCHILLO: I now offer 20 the following amendments. 21 THE PRESIDENT: The amendments 22 are received and adopted, Senator. 23 SENATOR FUSCHILLO: Mr. 24 President. 25 THE PRESIDENT: Senator

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(518) 371-8910 1 Fuschillo. 2 SENATOR FUSCHILLO: Mr. 3 President, amendments are offered to the 4 following Third Reading Calendar bills: 5 Sponsored by Senator DeFrancisco, 6 page number 42, Calendar Number 479, Senate 7 Print Number 2741; 8 By Senator LaValle, page number 46, 9 Calendar Number 581, Senate Print Number 930; 10 By Senator Marcellino, page number 11 72, Calendar Number 1005, Senate Print Number 12 5327; 13 By Senator Volker, page number 75, 14 Calendar Number 1041, Senate Print Number 15 3560; 16 By Senator Skelos, page number 77, 17 Calendar Number 1065, Senate Print Number 18 4383A; 19 By Senator Skelos, page number 81, 20 Calendar Number 1106, Senate Print Number 21 3214A; 22 By Senator Little, page number 84, 23 Calendar Number 1131, Senate Print Number 24 5302; 25 By Senator Young, page number 85,

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(518) 371-8910 1 Calendar Number 1139, Senate Print Number 2 5681; 3 By Senator Volker, page number 85, 4 Calendar Number 1143, Senate Print Number 5 5233; 6 By Senator Maziarz, page number 65, 7 Calendar Number 938, Senate Print Number 1624. 8 I now move that these bills retain 9 their place on the order of Third Reading 10 Calendar. 11 THE PRESIDENT: Senator 12 Fuschillo, didn't I once see you on an 13 American Express commercial? 14 SENATOR FUSCHILLO: Yes, you did, 15 Mr. President. 16 THE PRESIDENT: The amendments to 17 those 11 bills are received and adopted, and 18 they will all take their place on the Third 19 Reading Calendar. 20 Thank you, Senator Fuschillo. 21 SENATOR FUSCHILLO: Thank you. 22 THE PRESIDENT: Senator Skelos. 23 SENATOR SKELOS: Mr. President, I 24 believe there are substitutions at the desk. 25 If we could make them at this time.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: On page 61, 4 Senator Fuschillo moves to discharge, from the 5 Committee on Agriculture, Assembly Bill Number 6 259 and substitute it for the identical Senate 7 Bill Number 5048, Third Reading Calendar 868. 8 On page 74, Senator Winner moves to 9 discharge, from the Committee on 10 Investigations and Government Operations, 11 Assembly Bill Number 7952 and substitute it 12 for the identical Senate Bill Number 4236, 13 Third Reading Calendar 1029. 14 On page 82, Senator Fuschillo moves 15 to discharge, from the Committee on Housing, 16 Construction and Community Development, 17 Assembly Bill Number 6520A and substitute it 18 for the identical Senate Bill Number 3421A, 19 Third Reading Calendar 1116. 20 And on page 83, Senator C. Kruger 21 moves to discharge, from the Committee on 22 Social Services, Children and Families, 23 Assembly Bill Number 7228 and substitute it 24 for the identical Senate Bill Number 5715, 25 Third Reading Calendar 1122.

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(518) 371-8910 1 THE PRESIDENT: The substitutions 2 are ordered for all four of those bills. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 there's a Resolution 2421 at the desk, by 6 Senator Montgomery. If we could have it read 7 in its entirety and move for its immediate 8 adoption. 9 THE PRESIDENT: Thank you, 10 Senator. 11 The Secretary will read. 12 THE SECRETARY: By Senator 13 Montgomery, Legislative Resolution Number 14 2421, honoring Edward J. McSweeney upon the 15 occasion of his retirement. 16 "WHEREAS, It is the sense of this 17 Legislative Body to recognize and honor those 18 distinguished officers and citizens who would 19 devote themselves to public service, 20 demonstrating great courage and diligence in 21 providing for the care and welfare of the 22 citizens of their communities and this great 23 Empire State; and 24 "WHEREAS, Attendant to such 25 concern, and in full accord with its

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(518) 371-8910 1 long-standing traditions, this Legislative 2 Body is justly proud to honor Edward J. 3 McSweeney upon the occasion of his retirement, 4 to be celebrated on Tuesday, May 29, 2007, at 5 the Glen Sanders Mansion, Scotia, New York; 6 and 7 "WHEREAS, Born in Brooklyn and 8 raised on Long Island, Ed McSweeney graduated 9 with a degree in criminal justice and 10 corrections from Ulster Community College, he 11 earned a liberal arts and psychology degree 12 from the State University College at Oneonta, 13 and completed numerous graduate courses and 14 training in criminal justice and correction 15 management; and 16 "WHEREAS, Ed McSweeney began his 17 career as a narcotic rehabilitation counselor 18 at the Woodbourne Rehabilitation Center in 19 March of 1973. In August of 1975, he joined 20 the New York State Office of Drug Abuse 21 Services Queensboro Rehabilitation Center; and 22 "WHEREAS, In November of 1967, Ed 23 McSweeney began working for the New York State 24 Department of Correctional Services as a 25 supervisor in the Inmate Grievance Program.

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(518) 371-8910 1 Over the years he rose through the ranks, 2 becoming assistant commissioner/executive 3 assistant to the commissioner in January of 4 2000, the position from which he will retire; 5 and 6 "WHEREAS, Ed McSweeney has been an 7 invaluable service as the Department of 8 Correctional Services liaison to legislators 9 and their staffs. He always took prompt 10 action to fairly resolve grievances brought to 11 the attention of lawmakers by the incarcerated 12 and their family members. Some of these 13 issues include transfer requests, medical 14 care, disputes, and special housing unit 15 confinement. Ed McSweeney personally attended 16 to every matter brought to his attention, and 17 sought an equitable resolution in a timely 18 fashion; and 19 "WHEREAS, Courteous and 20 accommodating, Ed McSweeney helped facilitate 21 legislators' prison visits and meetings with 22 facility staff and inmates. On one occasion 23 he organized an all-day visit at Green Haven, 24 where legislators and staff had an opportunity 25 to meet with the superintendent and other

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(518) 371-8910 1 administrative staff at the facility, along 2 with groups of inmates, to observe the 3 programming in operation; and 4 "WHEREAS, A man with a sense of 5 humor and a passion for Notre Dame football, 6 Ed McSweeney's most memorable moment was the 7 January 1, 1979, Cotton Bowl. That was a 8 cold, nasty, sleeting day in Dallas and the 9 Irish were losing to the Houston Cougars by a 10 score of 34-12; and 11 "WHEREAS, Notre Dame's quarterback 12 at that time was Joe Montana, who wouldn't be 13 selected until the third round of the NFL 14 draft that following year, was in the locker 15 room sick, eating chicken soup. With seven 16 minutes and 37 seconds to go in the game, Joe 17 Montana came back onto the field and led the 18 Irish to a 35-34 victory, which was the 19 Irish's 600th victory; and 20 "WHEREAS, A horse racing enthusiast 21 who never misses a Kentucky Derby, Ed 22 McSweeney's favorite of all time is a horse 23 named Alydar, who ran in his favorite race, 24 the 1978 Belmont Stakes when Affirmed and 25 Alydar dueled down the long Belmont stretch;

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(518) 371-8910 1 and 2 "WHEREAS, Ed McSweeney fully 3 recognizes the importance of positive 4 programming and transitional services and is 5 supportive of the success of former inmates 6 who reenter society; and 7 "WHEREAS, Rare indeed is the 8 occurrence of such a compassionate blending of 9 strength, leadership/intellect and commitment 10 as that demonstrated by Ed McSweeney over a 11 lifetime of sacrifice and dedication to 12 others. He is a true asset to society; now, 13 therefore, be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to honor 16 Edward J. McSweeney upon the occasion of his 17 retirement, and be it further 18 "RESOLVED, That a copy of this 19 resolution, suitably engrossed, be transmitted 20 to Edward J. McSweeney." 21 THE PRESIDENT: On the 22 resolution, Senator Montgomery. 23 SENATOR MONTGOMERY: Yes, thank 24 you, Mr. President. 25 Mr. President, I rise to thank the

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(518) 371-8910 1 leader for the opportunity to say a few words 2 about a person who's been really a very 3 particularly special public servant for me as 4 a legislator, as an elected official, but also 5 to so many families and people from my 6 district in particular and throughout the 7 state. 8 I want to just say, first of all, 9 that he was born in Brooklyn but raised on 10 Long Island, went to school in Ulster County 11 and also went to university in Oneonta. So I 12 consider this public servant, Mr. McSweeney, a 13 man of all of the people. He really belongs 14 to all of us in the state as a one-time 15 resident, student or employee. 16 And he has always been, as a person 17 who works in the Department of Corrections, 18 the one voice that I could certainly always 19 reach out to and request some assistance and 20 receive an immediate response. Always very 21 respectful, always willing to help, and really 22 very, very considerate in his being willing to 23 provide assistance and service on behalf of 24 those people who many of us feel are totally 25 undeserving.

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(518) 371-8910 1 But he never refused to help in any 2 way possible. And even when he could not 3 help, he always showed such a sense of 4 humility and respect for us. 5 I thank him for the times that he 6 helped us to plan visits into facilities 7 around the state. You know, very often we're 8 not always welcome, and he was always there to 9 open those doors and pave the way for us and 10 hopefully to make sure they weren't shut when 11 we went in that we couldn't come back out. 12 So it's my pleasure to rise and 13 congratulate Mr. Ed McSweeney for his service 14 to our state. And on behalf of the people in 15 my district, many of whom have been recipients 16 of your service as well, I want to thank you 17 for your 34 years with the State of New York. 18 And hopefully this is certainly not 19 the end of your participation. Because as you 20 know, Mr. McSweeney, this is really a very 21 large issue and we're just on the brink, I 22 believe, hopefully, of working through some 23 real solutions that I think that you would 24 really love to see and also I would like for 25 you to be part of it.

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(518) 371-8910 1 So with that, Mr. President, thank 2 you for allowing me to express my regards to 3 Mr. McSweeney. 4 THE PRESIDENT: Senator Adams. 5 SENATOR ADAMS: Thank you, 6 Mr. President. 7 I too rise in support of this 8 resolution. Although I never met or 9 interacted directly with Mr. McSweeney, I had 10 a good conversation with my colleague about 11 his years of service. 12 And I think this resolution 13 personifies the importance of -- that we 14 often, in this real-life drama called life, we 15 often focus on the stars and don't realize 16 that there are the costars and the supporting 17 cast that don't allow the drama to turn into a 18 tragedy. 19 When you look over this resolution 20 and see the countless number of hours he has 21 spent interacting with family members and 22 inmates -- and something that's often missed, 23 that for every crime that's committed, there 24 are two sets of victims. There are the 25 victims of the person who's the direct

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(518) 371-8910 1 negative aspect of the crime, and there's also 2 the victim of the family. The mothers and the 3 fathers and aunts and uncles, they didn't do a 4 robbery, they didn't do a rape, they didn't do 5 any particular crime. 6 And it takes a special person that 7 is inside one of the most difficult beats in 8 the country, and that's a correctional 9 facility. Not only is it dangerous, but if 10 you don't allow yourself to be detached from 11 some of the individuals who are incarcerated, 12 you can actually embody their hatred. 13 And when you have a person that did 14 34 years or 20 years or 30 years in an 15 environment like that and still can hold on to 16 the humanistic character of being able to 17 share a part of himself, he's not only an 18 asset to his occupation, he's an asset, in my 19 opinion, to the greatest race alive, and 20 that's the human race. 21 And we're just taking a moment just 22 to pause. And by acknowledging you, we 23 acknowledge the countless number of men and 24 women who are not on the radar, they don't 25 receive star billing, but they are part of the

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(518) 371-8910 1 everyday mechanism that ensure that there are 2 humane individuals in the facilities that must 3 correct those people who are not currently fit 4 to be in society. 5 So I thank you. I thank you for 6 being who you are and your contribution. And 7 I'm sure your family is proud of you for the 8 countless number of days of coming home and 9 dealing with some of the tensions and issues 10 that take place in a correctional facility. 11 I commend you for what you've done. 12 I hope that the retirement doesn't mean that 13 you will sit on a porch somewhere and rock 14 away. There are a whole lot of seats in the 15 Senate that need to be filled by compassionate 16 people like you. And I've learned that law 17 enforcement make the best Senators. 18 Thank you. 19 THE PRESIDENT: On the 20 resolution, all those in favor please indicate 21 so by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Senator Duane, 24 excuse me. 25 SENATOR DUANE: That's okay,

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(518) 371-8910 1 Mr. President. But if I hadn't spoken, 2 Ms. Cecile Scott would have killed you. 3 Anyway, I want to thank my 4 colleague Senator Montgomery for working so 5 hard, along with her staff, on putting 6 together this resolution and for sharing it 7 with me. And I also want to thank 8 Mr. McSweeney's family for sharing him with us 9 and the State of New York for so very long. 10 I have to say that in a very, very 11 difficult agency because of the charge that it 12 has, the Department of Corrections, working 13 with Mr. McSweeney made what was difficult and 14 trying much, much easier for me as a 15 legislator and also for my staff members who 16 also worked so closely with him. 17 He was always of good cheer, always 18 very, very helpful, always very, very honest 19 about what was possible within the system. 20 And I just -- I'm sorry that we're not going 21 to have him to work with. We will miss him 22 tremendously. But after so many years of 23 service to our state and to the people of our 24 state and to the citizens and family members 25 of those impacted by the agency in which he

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(518) 371-8910 1 worked, I'm sure that the future is going to 2 be good as well. 3 But just from the bottom of my 4 heart, and from my staff, I want to in the 5 strongest possible terms, Mr. President, 6 express my gratitude to Mr. McSweeney for his 7 incredible service and the wonderful way in 8 which he worked with me and with my staff. 9 You will be missed, Mr. McSweeney. 10 Thank you very much, Mr. President. 11 THE PRESIDENT: Thank you, 12 Senator Duane, for those lifesaving remarks. 13 Senator Nozzolio. 14 SENATOR NOZZOLIO: Thank you, 15 Mr. President. On the resolution. 16 I rise on this very historic 17 occasion because it's, I believe, probably the 18 first time that Senator Duane and I have 19 agreed on a corrections-related issue. 20 (Laughter.) 21 SENATOR NOZZOLIO: And I do so 22 with great happiness and congratulate Senator 23 Duane for this resolution, and Senator 24 Montgomery. And I certainly wish to join with 25 them in praising the work of one great

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(518) 371-8910 1 correctional employee. 2 That I share Senator Duane's 3 sentiments, in that Mr. McSweeney will 4 definitely be missed. That we have counted on 5 him time and time again, at all hours of the 6 day and night and weekends as well, for his 7 guidance and support and focus on very 8 important corrections issues. 9 And just a fine New Yorker, a 10 wonderful human being, and this resolution is 11 very well put. And I certainly am proud to 12 rise in its support and its full endorsement. 13 Thank you, Mr. President. 14 THE PRESIDENT: Thank you, 15 Senator Nozzolio. 16 The chair recognizes, on the 17 resolution, Senator Hassell-Thompson. 18 SENATOR HASSELL-THOMPSON: Thank 19 you, Mr. President. 20 I rise to lend support to my 21 colleague on behalf of Mr. McSweeney and just 22 say that within his very long and wonderful 23 resolution, there's a section I think that is 24 outstanding to us as legislators, and I think 25 it's the most important for me to just kind of

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(518) 371-8910 1 lift up, as they say in the Baptist church. 2 "Whereas, Mr. McSweeney has been of 3 invaluable service, not only to the Department 4 of Correctional Services" -- and that's 5 important -- "but as the liaison to 6 legislators and their staff. He always took 7 prompt action to fairly resolve grievances 8 brought to the attention of lawmakers by the 9 incarcerated and their family members." 10 And having worked in this capacity, 11 this doesn't happen often, and not often 12 enough, where families have someone that they 13 can call upon to help us to resolve issues. 14 Because too often we think that once people 15 are incarcerated, that we throw them away. 16 But I think that it becomes very 17 incumbent upon us to understand that if we're 18 ever going to resolve the issue of what 19 happens to people in their preparation to 20 return to society, that we must assist them 21 within that society that they have become a 22 part of. 23 And Mr. McSweeney has made that a 24 very possible task for those of us in the 25 Legislature -- without interfering with the

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(518) 371-8910 1 work of the Department of Corrections but, 2 rather, to mediate those situations. And so 3 for that we thank you and are very grateful 4 for your assistance and will miss that 5 tremendously as we go forward. 6 Thank you, Mr. President. 7 THE PRESIDENT: Thank you, 8 Senator Hassell-Thompson. 9 The question is on the resolution. 10 All those in favor please indicate so by 11 saying aye. 12 (Response of "Aye.") 13 THE PRESIDENT: Opposed, nay. 14 (No response.) 15 THE PRESIDENT: The resolution 16 carries. 17 Ed McSweeney, of Brooklyn, 18 New York, and Long Island, New York, this body 19 has just passed a resolution in honor of your 20 retirement after 34 years of allegiance to the 21 residents of the State of New York, of service 22 to the Department of Corrections of the State 23 of New York, and of cooperation with all those 24 with whom you've interacted. 25 Congratulations in your retirement.

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(518) 371-8910 1 Mr. McSweeney joins us, he is sitting in the 2 western gallery with his wife. And we 3 congratulate him for his retirement. 4 (Applause.) 5 THE PRESIDENT: Senator Nozzolio. 6 SENATOR NOZZOLIO: Yes, 7 Mr. President. Thank you. 8 On page number 43 I offer the 9 following amendments to Calendar Number 486, 10 Senate Print Number 915, on behalf of Senator 11 DeFrancisco, and ask that said bill retain its 12 place on Third Reading Calendar. 13 THE PRESIDENT: The amendments 14 are received and adopted. The bill will 15 retain its place on the Third Reading 16 Calendar. 17 Senator LaValle. 18 SENATOR LaVALLE: Mr. President, 19 I'd like to place a star on Calendar Number 20 901, Senate Number 5175. 21 THE PRESIDENT: The bill will be 22 starred at the sponsor's request. 23 SENATOR LaVALLE: Thank you. 24 THE PRESIDENT: Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 there will be an immediate meeting of the 2 Rules Committee in the Majority Conference 3 Room, and the Senate will stand at ease. 4 THE PRESIDENT: There will be an 5 immediate meeting of the Rules Committee in 6 the Majority Conference Room. 7 Senator Duane. 8 SENATOR DUANE: Mr. President, I 9 believe Senator Dilan has an announcement to 10 make. 11 THE PRESIDENT: Senator Dilan. 12 SENATOR DILAN: There will be an 13 immediate meeting of the Minority conference 14 in the Minority Conference Room. 15 THE PRESIDENT: There will be an 16 immediate meeting of the Minority conference 17 in the Minority Conference Room, Room 315. 18 The Senate will stand at ease. 19 (Whereupon, the Senate stood at 20 ease at 3:37 p.m.) 21 (Whereupon, the Senate reconvened 22 at 4:20 p.m.) 23 SENATOR BRUNO: Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Can we at this 2 time return to reports of standing committees. 3 I believe there's a report of the 4 Rules Committee at the desk. I ask that it be 5 read at this time. 6 ACTING PRESIDENT GRIFFO: Reports 7 of standing committees. 8 The Secretary will read. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, reports the 11 following bill direct to third reading: 12 Senate Print 5953, by Senator 13 Bruno, an act to amend the Tax Law. 14 ACTING PRESIDENT GRIFFO: Senator 15 Bruno. 16 SENATOR BRUNO: I move to accept 17 the report of the Rules Committee, and thank 18 them for their good work. 19 ACTING PRESIDENT GRIFFO: All in 20 favor of accepting the Rules Committee report 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT GRIFFO: 24 Opposed, nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Rules Committee report is accepted. 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President, 5 can we at this time take up Calendar Number 6 936. 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 936, by Senator Bruno, Senate Print 5953, an 11 act to amend the Tax Law. 12 ACTING PRESIDENT GRIFFO: Last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT GRIFFO: Senator 20 Bruno, to explain his vote. 21 SENATOR BRUNO: Thank you, 22 Mr. President. 23 The program that we have before 24 us -- and we ask for the support of my 25 colleagues on the floor -- is extremely

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(518) 371-8910 1 important to all the people in New York State. 2 It focuses on upstate, on the Island, but the 3 consequences and the results from the success 4 of what amounts to about $3.7 billion of 5 investment in creating jobs and economic 6 development, that accrues generally throughout 7 the whole state. 8 We refer to this program as Upstate 9 Now. And this follows up, really, on the 10 Governor, who, over the past year or so, 11 highlighted, as we all have, and recognized 12 the plight of upstate New York, from Buffalo 13 to the Canadian border across all of upstate, 14 up the mid-Hudson. 15 New York City is prospering 16 probably like it never has prospered before, 17 and we want to complement and supplement that. 18 But, Mr. President, anybody that 19 understands anything about life knows that if 20 you want to create jobs, if you want to create 21 economic development you have to help small 22 businesses, especially, be competitive. 23 They've got to be able to compete. 24 I don't care what your business is, 25 what your profession is. If you can't compete

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(518) 371-8910 1 with companies in Jersey, across the country, 2 in other countries in a global economy, then 3 you're not going to survive and you're not 4 going to exist and you're certainly not going 5 to grow. 6 So this is a very comprehensive 7 package. I think there's something like 200 8 pages worth of detail. And I apologize for 9 not having committed that to memory. But 10 maybe Senator Duane, who I saw standing up, 11 has studied it through the night and can 12 recite any parts of what we're missing here, 13 because I know he'll probably want to be 14 supportive in whatever ways that he possibly 15 can as a leader in that conference. And I 16 thank him in advance for whatever good things 17 he can say or do. 18 But I want to emphasize in this 19 package of $3.7 billion over three years, 20 about a billion is in tax incentives, goes out 21 the first year. $500 million, growing through 22 a billion-four, is in credits for -- what do 23 people need today, small businesses and 24 employees? Health insurance. What is 25 absolutely suffocating the growth of small

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(518) 371-8910 1 businesses? Health insurance. So we help, we 2 subsidize, we encourage. 3 What else does a business need? 4 Equity. $300 million earmarked out of the 5 pension fund of $150 billion worth for the 6 New York State economy, prudently invested, to 7 be matched by $300 million in the private 8 sector. 9 Another $300 million of capital, 10 $300 million to be budgeted -- the Governor 11 submitted it in his budget, it was laid aside, 12 we're going to debate it. Again, for what 13 purpose? To help invest in the businesses 14 emerging and in their growth. 15 You want to talk about education, 16 you want to talk about healthcare, you want to 17 talk about the infrastructure. Everything 18 relates to jobs, jobs now, economic 19 development. Why? When people work, they pay 20 taxes. When businesses grow, they pay taxes. 21 The revenue to the state pays for education, 22 healthcare, infrastructure, you name it. And 23 it makes us successful in the competitive 24 world that we live in today. 25 So, Mr. President, by way of

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(518) 371-8910 1 explaining my vote, I am proud to vote in 2 favor of this legislation and I would 3 encourage those that support this Governor, 4 that support his economic development that 5 supports all the good people in this state, to 6 support this legislation and vote in favor. 7 Thank you, Mr. President. 8 ACTING PRESIDENT GRIFFO: Thank 9 you, Senator Bruno. 10 Senator Bruno will be recorded in 11 the affirmative. 12 Senator DeFrancisco, to explain his 13 vote. 14 SENATOR DeFRANCISCO: Yes. I'm 15 going to vote aye on this particular piece of 16 legislation. 17 And representing Central New York, 18 I realize how important it is, especially for 19 small businesses in the manufacturing sector, 20 to provide some needed tax relief so that they 21 can prosper and grow jobs. 22 Government doesn't grow jobs. It 23 should provide investment by giving back tax 24 money so that the people who know how to 25 create jobs -- private enterprise -- actually

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(518) 371-8910 1 does that. 2 In addition, it was mentioned 3 earlier, and I think it's equally important, 4 that we have in fact a problem as far as the 5 bottom line if you can't afford -- if the 6 employees can't afford health insurance. So 7 why not provide tax credits so that 8 individuals can afford and businesses can 9 afford providing health insurance for the 10 employee, rather than waiting for them to go 11 to the emergency room for a much higher cost. 12 Energy, there should be energy tax 13 credits. And there's a proposal here for that 14 for qualified small businesses. Energy is 15 killing a lot of small businesses, especially 16 small manufacturers. 17 So this is a comprehensive program. 18 And by calling it Upstate Now, that also sends 19 another message. It's well past Day One, so 20 it's time for the Senate to take over the 21 leadership so that Central New York and all of 22 upstate New York begins to prosper by the 23 creation of jobs. 24 I vote aye. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 DeFrancisco to be recorded in the affirmative. 2 Senator Robach, to explain his 3 vote. 4 SENATOR ROBACH: Yes, 5 Mr. President. 6 I too rise to support this bill. 7 We obviously deal with a lot of important 8 issues in this chamber -- healthcare, 9 education. But I can tell you there's nothing 10 more important, I believe, in the Rochester 11 area or many other communities in upstate 12 New York than the economy. 13 No different than my two 14 grandfathers that were born somewhere else 15 that came to New York State for the 16 opportunity of good-paying jobs and real 17 opportunity to have careers, things that could 18 sustain them. People are very keyed into that 19 today, whether they're young people deciding 20 where they're going to lay their roots, where 21 they're going to go early in life, whether 22 they're people that may be transitioning from 23 icon companies to new businesses. 24 So it is not only important but 25 very fitting that we're here today on this

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(518) 371-8910 1 bill. I'm not going to go through the 10 2 points that does that; my colleague John 3 DeFrancisco touched on many of those. But I'd 4 like to touch on two points that he didn't 5 mention, in addition to energy, tax cuts. 6 Continuing to invest in strategic 7 programs similar to NYSTAR and things the 8 Senate has already done have been one of the 9 few areas that have really helped the 10 Rochester area. The Medical Center at the U. 11 of R. just recently, with an investment from 12 the state and some private money, created a 13 cure for ovarian cancer right at that facility 14 and the spin-off jobs that come with it. 15 We need to stay on that track. 16 What we've done at RIT with the Center for 17 Integrated Manufacturing Studies, and I know 18 that's gone on at other universities across 19 the state, we need to continue that. This 20 program, Upstate Now, does that. 21 In addition, it focuses a lot of 22 attention on small business, not only tax 23 relief, healthcare, energy assistance, but 24 also sets up assistance for people who are in 25 small business or want to start a small

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(518) 371-8910 1 business, with a 24-hour helpline, a virtual 2 toolbox where people can go online and do 3 this. 4 Again, I implore people to support 5 this. We need a lot of help. This couldn't 6 only be called Upstate Now, this could be 7 called Rochester Now, Buffalo Now, Albany Now, 8 Syracuse Now, any city in upstate New York. 9 And I believe even in downstate New York this 10 will really give policies and tools that will 11 help us create jobs. 12 And I will tell you, not only does 13 it help the economy, but we all know when the 14 economy is well and people are doing well, 15 there's more money for investments and other 16 things and people are happier. 17 So again, I say Upstate Now is the 18 time for us to act now, here, to get this done 19 if we're serious about the economy. I'm very 20 happy to work on this package and cast my vote 21 in the affirmative. 22 ACTING PRESIDENT GRIFFO: Senator 23 Robach to be recorded in the affirmative. 24 Senator Bonacic, to explain his 25 vote.

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(518) 371-8910 1 SENATOR BONACIC: Thank you, 2 Mr. President. 3 I'd like to thank Senator Bruno and 4 all of my colleagues who have put forth 5 this -- really, it's a business/economic 6 development package. 7 And two things that I particularly 8 am embracing for the mid-Hudson Region is 9 whenever I go to Chamber of Commerce meetings, 10 the small business owners always complain 11 about the high cost of health insurance. It's 12 one of their top priorities. 13 We've addressed workmen's 14 compensation, that was helpful earlier in the 15 year. So that the fact that we're going to 16 help subsidize the small businesses so they 17 can have affordable and accessible health 18 insurance for their employees, that's 19 extremely important. 20 But the second phase that is 21 particularly helpful to the mid-Hudson is 22 approximately four years ago to five years 23 ago, IBM made the largest investment in North 24 America. And they made it in East Fishkill, 25 New York. It was over $4 billion. And they

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(518) 371-8910 1 set up a chip manufacturing plant. And when 2 that was done, there was the hope that other 3 chip companies and smaller companies would 4 follow. 5 Sematech came to Albany. Sematech 6 is the first investment from Japan in the 7 United States. It's a consortium of 13 8 companies that make chips for the next era of 9 modern technology. Between IBM in the Hudson 10 Valley, Sematech in Albany, having capital 11 investment of $300 million plus venture 12 capital to help public/private partnerships 13 will spur and create economic activity and 14 jobs. 15 So I vote aye. This is a 16 wonderful, wonderful plan. Thank you, 17 Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Bonacic to be recorded in the affirmative. 20 Senator Nozzolio, to explain his 21 vote. 22 SENATOR NOZZOLIO: Thank you, 23 Mr. President. I rise to support this great 24 measure. 25 There is no secret that we have a

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(518) 371-8910 1 tale of two states. Part of our state is 2 extremely progressive, progressing; part of 3 our state economically is lagging behind. And 4 we need to do more to revitalize the upstate 5 economy, to provide more jobs, to expand our 6 economy and ensure that our young people are 7 going to have the opportunities they need for 8 their future. 9 Mr. President and my colleagues, as 10 Senator Robach was describing his 11 grandparents, who came here from another 12 country, both of my grandfathers came from 13 different corners of the world and settled in 14 the Central Finger Lakes and Seneca Falls, 15 New York, because they found opportunity, 16 opportunity that their own nations did not 17 provide. 18 Unfortunately, though, we have too 19 many young people leaving this state because 20 there are too few job opportunities for them. 21 We have more college students per 22 capita between the area of Syracuse, 23 Rochester, and Ithaca than any other place in 24 the nation. That is a tremendous resource. 25 And part of our plan is utilizing our

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(518) 371-8910 1 aggressive action to help the academic 2 institutions of our state grow jobs. We have 3 the finest institutions of higher learning of 4 anyplace in the world, yet we're not utilizing 5 those enough to aggressively go out and 6 develop new opportunities. 7 Our plan, our Upstate Now plan, the 8 plan that's before us today for consideration, 9 is a plan that will help provide those 10 opportunities, will help universities 11 commercialize science, will help businesses 12 grow and develop in our upstate region. 13 Agriculture is still the state's 14 number-one industry. And part of our efforts 15 through Upstate Now is to provide enhancements 16 to agriculture, to help farmers grow more 17 crops, to help products expand in the 18 marketplace. And that plan that we have will 19 help agriculture, will help the communities 20 that are serviced and that exist because of 21 our number-one industry. 22 The world is flat. We're in a very 23 competitive environment. We've got to plan to 24 help revitalize the economy of upstate 25 New York. This plan deserves support. I

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(518) 371-8910 1 believe it should be enacted. 2 Mr. President, I fully support it. 3 ACTING PRESIDENT GRIFFO: Senator 4 Nozzolio to be recorded in the affirmative. 5 Senator Farley, to explain his 6 vote. 7 SENATOR FARLEY: Thank you very 8 much, Mr. President. 9 I rise in support of this 10 legislation, one of the most exciting pieces 11 of legislation that we've seen in recent 12 years. 13 Governor Spitzer, in his campaign, 14 made the upstate economy a cornerstone of 15 improvement for him and called it Appalachia. 16 But let me just say I too am so 17 excited about what has happened in the Capital 18 District with Sematech and so many other 19 things, very much thanks to our Majority 20 Leader. But the rest of the state does need a 21 jump-start. 22 This is a terrific program. It's 23 got 10 points, all of which can make a huge 24 difference to the west of here and to the 25 south of here. It's really a program for the

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(518) 371-8910 1 entire state. 2 And I think it's very, very 3 exciting. It's one that we all should embrace 4 and get behind, because it's an example of the 5 Legislature and the Executive moving on one of 6 the very serious problems facing this state, 7 working together. 8 And I'm delighted to see so much 9 support for this legislation, because it is 10 one of the best pieces of legislation that has 11 come before this house in many years. 12 I support it, and I vote aye. 13 ACTING PRESIDENT GRIFFO: Senator 14 Farley to be recorded in the affirmative. 15 Senator Seward, to explain his 16 vote. 17 SENATOR SEWARD: Yes, thank you, 18 Mr. President. 19 I'm stating the obvious when I say 20 that the upstate area has been lagging behind 21 other parts of New York State and other parts 22 of the country when it comes to economic 23 expansion. 24 And the result has been we have 25 seen many parts of upstate New York actually

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(518) 371-8910 1 lose population, particularly among the young 2 people of upstate New York, who have followed 3 not only the warmer weather but the hotter 4 economic areas of our state and country. 5 No question we need help in the 6 upstate region. Now, a lot of people talk 7 about the upstate economy, particularly at 8 campaign time, but the time for talk is over. 9 The time for action has arrived. 10 And that's exactly what this 11 Upstate Now initiative is all about, action, 12 attacking the root causes of some of the 13 economic stagnation that we've seen in the 14 upstate region, particularly at lowering costs 15 of doing business by giving tax breaks for 16 particularly our small businesses, our 17 manufacturers and other key industries, 18 lowering the cost of energy in the upstate 19 region and also promoting energy independence. 20 It lowers the cost of healthcare and health 21 insurance costs for particularly our small 22 businesses in upstate New York. 23 The Upstate Now plan also addresses 24 the lack of infrastructure and the need for 25 improvements in infrastructure in upstate,

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(518) 371-8910 1 whether it be roads, water and sewer lines, 2 telecommunications infrastructure. It also 3 creates thriving main streets to help the 4 small towns and cities upstate to revitalize 5 and renew the core of these communities, and 6 that is their main streets and business 7 districts. 8 There's also help for emerging 9 technologies that will help the upstate 10 economy go to the next level and take 11 advantage of the high-tech economy of today by 12 supporting research and development in new 13 technologies, making investments in high-tech 14 companies coming to New York State. Also 15 including agriculture, and helping agriculture 16 move forward as an emerging technology. 17 The Upstate Now plan is a 18 comprehensive, commonsense initiative that 19 will help the upstate region grow, grow jobs 20 and opportunities for particularly our young 21 people to have good-paying jobs and careers in 22 upstate New York. 23 Mr. President, I vote aye. 24 ACTING PRESIDENT GRIFFO: Senator 25 Seward to be recorded in the affirmative.

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(518) 371-8910 1 Senator Little, to explain her 2 vote. 3 SENATOR LITTLE: Thank you, 4 Mr. President. 5 Small business is really the 6 backbone of the North Country, which I would 7 and do refer to as the real upstate. We're 8 not only north, but we have a higher elevation 9 than the rest of the state. 10 But believe me, energy costs and 11 healthcare are real obstacles to the small 12 businesses that I represent. And having some 13 assistance, as this package offers them, is so 14 critically important. Assistance to 15 revitalize our main streets. We have so many 16 abandoned companies, abandoned manufacturing 17 plants in our small little village downtowns 18 that really need some help in order to be able 19 to get them utilized again. Money in this 20 program will really help them. 21 I also believe that without the 22 infrastructure, improving the roads and 23 bridges, providing broadband to my area, we 24 will not see a lot more success. 25 The North Country also has many

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(518) 371-8910 1 wonderful recreational sites, so the tourism 2 piece, as Number 10 in this wonderful package 3 of ten items, and the historic sites that we 4 can begin to promote and bring people to our 5 area. 6 Working with our colleges, our 7 schools, our community colleges and technology 8 programs will help our children and, yes, help 9 our children be able to stay in their homes, 10 their home base in the North Country. 11 We have said for a long time that 12 the greatest export of the Adirondacks and the 13 North Country is our children. And I can tell 14 you, as the mother of six children, I have one 15 who lives in the area and who is a 16 professional, and she and her husband -- she's 17 a lawyer, he's a doctor -- they are able to 18 certainly survive in the North Country. My 19 other five children have all found jobs 20 elsewhere. 21 But it's important that we do this 22 and improve these businesses so that once we 23 educate our children, they are able to find 24 work here. 25 This is all about helping

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(518) 371-8910 1 businesses succeed. It's all about creating 2 hope and opportunity and helping our families 3 stay together so that our children will be 4 able to find work opportunities in their own 5 home area. 6 Thank you for putting this forward. 7 I think this is a wonderful bill that will 8 really and truly make a difference, and it 9 will be a significant piece of legislation 10 that we have passed in the year 2007. 11 Thank you. 12 ACTING PRESIDENT GRIFFO: Senator 13 Little will be recorded in the affirmative. 14 Senator Rath, to explain her vote. 15 SENATOR RATH: Thank you, 16 Mr. President. I rise to support the bill 17 Upstate Now. 18 There is a saying that you can't be 19 all things to all people. And, I might add, 20 all of the time, because sometimes we do try 21 in this chamber to be all things to all 22 people. But let me tell you a little story 23 about one time that we were something to some 24 people that has been a success story. 25 Senator Bonacic brought up some

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(518) 371-8910 1 success stories in the mid-Hudson. We talked 2 about some in the Albany area. Let me tell 3 you about one out at the western end of the 4 state that is a direct result of action taken 5 in this chamber. 6 A number of years ago Senator Bruno 7 and the Senate, with his leadership, passed a 8 program called Pipeline for Jobs. Pipeline 9 for Jobs offered opportunities that included 10 water -- obviously, I guess -- and I was able 11 to get a grant for Genesee County, a small, 12 rural county located between Rochester and 13 Buffalo. They desperately needed to have 14 fresh water in that county. 15 Well, the money that came as a 16 result of the grant jump-started their effort, 17 their research, their bonding. They're now a 18 county that has fresh water. And the most 19 important part of the story is to tell you 20 that Site Selection Magazine has found that 21 county number three in the East for locating 22 your new business, number one in New York 23 State for the last three years running, as a 24 direct result of activities and action taken 25 by this Legislature.

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(518) 371-8910 1 We have an opportunity today to 2 take that kind of positive action again, hold 3 out our hands, help other parts of upstate 4 New York be our partners. The venture capital 5 fund is a wonderful program that will 6 certainly offer opportunities that people will 7 be our partners and maintain and create new 8 jobs in New York. We've done this before. We 9 know how to do it. This is an extension of a 10 long-standing program and priority in the 11 New York State Senate. 12 I urge all my colleagues to vote 13 yes. And I hope people of the State of 14 New York will get behind us, contact the 15 Governor and the Assembly, urging them to get 16 behind the Upstate Now program. 17 ACTING PRESIDENT GRIFFO: Senator 18 Rath to be recorded in the affirmative. 19 Senator Alesi, to explain his vote. 20 SENATOR ALESI: Thank you, 21 Mr. Chairman and my colleagues. 22 I'd like to congratulate Senator 23 Bruno and those members of this Republican 24 conference that helped put together the 25 blueprint that will give upstate's economy

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(518) 371-8910 1 hope in the very soon to be future. 2 It isn't with anything other than 3 the most awe that I listened to my colleagues 4 talk about how vitally important it is to the 5 upstate economy and to them personally, with 6 their own personal aspects on this. And I 7 can't help but think myself, as a small 8 business owner, what it takes to do business 9 in this state. 10 But I also can't help but think how 11 ironic it is -- and Senator Nozzolio mentioned 12 that the New York City economy is thriving 13 while the upstate economy is not. What's 14 ironic about it is that Mayor Bloomberg is 15 considering charging $8 for people to drive 16 into New York State because there are too many 17 workers driving into Manhattan. 18 And this would be the equivalent to 19 offering the upstate people an opportunity to 20 earn some money while we act as architects of 21 a plan that will cut manufacturing taxes 22 entirely -- not to help just those 23 manufacturing companies, but to help those 24 small businesses that support them. 25 We can lower the entire tax rate

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(518) 371-8910 1 for business, and while we're doing that we 2 can say to those small businesses that own 3 property and pay property taxes that they'll 4 enjoy a STAR program very similar to those 5 people that enjoy the STAR program on their 6 houses. 7 With $300 million of money in the 8 Comptroller's office that can be leveraged by 9 another $300 million of private capital, it 10 will be $600 million that can be used as 11 venture capital for upstate's economy. 12 And when you think about how the 13 success of the Power for Jobs has proven, and 14 we build on that. And we build on what 15 Senator Rath referred to as the Pipeline for 16 Jobs. And think about Senator Bruno's program 17 Jobs 2000, the Gen*NY*sis program, all of 18 those things that this Senate Majority has put 19 forward. 20 This Upstate Now program can't do 21 anything better than what we're doing now 22 except for ask the Governor and the Assembly 23 to join us in promoting this. 24 We have universities, we have 25 businesses that have shown that they work

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(518) 371-8910 1 under NYSTAR and other collaborative efforts. 2 This once again helps those collaborative 3 efforts and offers promise for all of upstate 4 New York and small businesses as well. 5 Last week several upstate members 6 met with the Governor in his mansion to 7 discuss what could be done for the upstate 8 economy. Mr. President, my colleagues, it's 9 already in print, it's already here. Senator 10 Bruno, the architect of upstate New York 11 economic success. All we have to do is join 12 him in passing this bill and sending it to the 13 Assembly and the Governor for his signature. 14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Senator 16 Alesi to be recorded in the affirmative. 17 Senator LaValle, to explain his 18 vote. 19 SENATOR LaVALLE: Thank you, 20 Mr. President. 21 This legislation is Upstate Now, 22 but quite honestly it is truly a blueprint 23 that has many items in it that just are 24 building blocks to put forth an economic 25 development plan.

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(518) 371-8910 1 One of the pieces that I'd like to 2 just briefly mention is that having a 3 well-trained workforce is key to having our 4 state be a leader in the country. We compete 5 with North Carolina that makes heavy 6 investments in its education infrastructure, 7 Massachusetts, Texas and California. Just 8 four states that I mention that we compete 9 with. 10 So in building an infrastructure 11 that has tech high schools and training, 12 moving through to community colleges as an 13 option, State University and having the key 14 elements within our SUNY system, sharing 15 information, using technology within the SUNY 16 system, ensures that every part of the state 17 can have a well-trained workforce. And that's 18 key. Whether it's upstate or on Long Island 19 or mid-Hudson, a well-trained workforce is 20 key. 21 And this is but one element in this 22 blueprint. And Senator Bruno truly is an 23 architect in the sense of putting together 24 this plan. 25 And we should be ever-mindful that

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(518) 371-8910 1 we have a plan and we should move forward and 2 not get distracted by other things. The 3 upstate economy is our number-one priority in 4 ensuring that we are one state succeeding in 5 our economic development plan, producing jobs 6 for everyone from Montauk to Niagara Falls. 7 I vote in the affirmative. 8 ACTING PRESIDENT GRIFFO: Senator 9 LaValle to be recorded in the affirmative. 10 Senator Winner, to explain his 11 vote. 12 SENATOR WINNER: Thank you, 13 Mr. President. 14 You know, over the last century and 15 several decades, the upstate economy really 16 has suffered from a decline in manufacturing, 17 a decline in the manufacturing economy, which 18 has certainly been reflective of other areas 19 of the country that had heavy reliance on 20 manufacturing jobs. And as we lost 21 manufacturing jobs to the global economy, we 22 lost them disproportionately in New York, and 23 upstate New York in particular. 24 And the reasons why we lost it are 25 really very similar to other areas. But the

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(518) 371-8910 1 reasons why we haven't bounced back, as other 2 areas have, are particular to New York. 3 And this program that Senator Bruno 4 has admirably put together is an effort to try 5 to create the type of climate that will allow 6 New York to bounce back. 7 Because when those other states and 8 other areas started to rebuild from the loss 9 of their manufacturing infrastructure, they 10 didn't have the same levels of costs that we 11 do in New York, costs to do business. And as 12 a result, they were able to become more 13 attractive right away, to take advantage of 14 new emerging technologies and other types of 15 economic employment opportunities that we have 16 seen in other parts of this country. 17 Certainly New York could have 18 recovered had we not had those types of costs. 19 But businesses go where businesses can make 20 money. And certainly in New York we know that 21 our costs of doing business are not 22 acceptable. Our energy costs are too high. 23 Our level of property taxes are too high. Our 24 income taxes are too high. Our health 25 insurance costs are too high as a result of

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(518) 371-8910 1 some of the mandates that we put on here in 2 New York, well-meaning as they are, but 3 nonetheless increase the cost of individuals 4 to try to do business, particularly in the 5 small-business economy. 6 That's why this package is 7 absolutely essential if we are going to be 8 serious and not be rhetorical about the 9 upstate economy. Because when push comes to 10 shove, when people go on listening tours or 11 people go out and try to find out why our 12 young people are leaving, they're leaving 13 because they don't have jobs, they don't have 14 good-quality career opportunities. They don't 15 stay here because there is nothing for them to 16 do other than having lower or more menial type 17 of work. They don't have the type of 18 opportunities that other regions have. 19 And the way you create those 20 opportunities is to create an incentive for 21 people to come here. And you have to do that 22 by virtue of the types of provisions that are 23 being provided in this Upstate Now economic 24 package. 25 This package will do something in

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(518) 371-8910 1 all of those areas to make the bottom line 2 more attractive and make New York more 3 attractive to do business. And then, 4 uniquely, it also deals with a couple of other 5 particular issues that are important, I think, 6 in rural New York. 7 In rural New York we have problems 8 such as the broadband expansion difficulties. 9 We have a broadband and digital divide. We 10 don't have the type of opportunities that 11 would be created by having broadband 12 available. 13 This bill will provide incentives 14 for the attractiveness of trying to expand 15 broadband opportunities in upstate and 16 particularly rural New York that will allow 17 improvements in agribusiness, will improve 18 agritourism, will provide opportunities for 19 people to work at certain high-tech things in 20 rural settings that otherwise they could not 21 do without the availability of that 22 technology. 23 Additionally, this bill provides 24 for revisions of the Empire Zone programs in 25 upstate New York, in the rural areas. For

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(518) 371-8910 1 long we've had an Empire Zone program that's 2 been urban-oriented, urban-directed to an 3 urban program model that has in many instances 4 been patronizing to rural New York, 5 unfortunately. In 2005 when this house tried 6 to revise that program to make it more 7 rural-friendly, we were rebuffed in the other 8 house because of their dislike of that program 9 for more political reasons than for economic 10 reasons. 11 This bill will allow us to be more 12 flexible to meet rural and less-urban areas 13 with regard to the incentives that are 14 necessary to bring business back, to make it 15 more attractive, to have a bottom line that 16 makes sense in New York. Because if you can 17 make money, you should be in New York. New 18 York is a beautiful state. 19 This time of year, I defy anybody 20 to find places that are more beautiful place 21 than upstate New York. It is absolutely 22 spectacular. This last weekend was an 23 absolute testimony to that. 24 All we need to do is to be able to 25 not only have people enjoy this beautiful

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(518) 371-8910 1 state, but we need to be able to have people 2 make money in this beautiful state. And with 3 this type of a program, we're going to be able 4 to do that, we're going to be able to track 5 these jobs, we're going to be able to keep our 6 young people here in New York where we want 7 them. I want them. I want my daughters in 8 New York. I don't want them out of New York. 9 I want them here, and I want them in my 10 community. And in order to do that, I have to 11 have opportunities for them right in upstate 12 New York. 13 So, Mr. President, I proudly vote 14 aye on this measure and I commend Senator 15 Bruno for bringing it before us. And I also 16 commend him for making this the priority of 17 this house between now and when this 18 Legislature adjourns. 19 Thank you, Mr. President. 20 ACTING PRESIDENT GRIFFO: Senator 21 Winner to be recorded in the affirmative. 22 Senator Maziarz, to explain his 23 vote. 24 SENATOR MAZIARZ: Thank you very 25 much, Mr. President. I too rise in support of

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(518) 371-8910 1 this legislation. 2 This legislation to jump-start the 3 upstate economy is most important, I think, 4 particularly in Western New York where, like 5 some other areas of the state, we depended so 6 very long on heavy manufacturing, steel 7 production, automobile manufacturing. And as 8 global market forces changed, our economy did 9 not change. And all we saw was the 10 exportation of young people out of Western 11 New York. 12 This 10-point program, which 13 hopefully the other house will adopt and the 14 Governor will adopt -- you know, when people 15 are running for election, particularly on a 16 statewide basis, they always talk about the 17 upstate economy and the need to create jobs. 18 And people have made some unrealistic 19 promises, I think, in the past. But this 20 really is where the rubber is going to meet 21 the road in upstate New York, and 22 particularly, again, in Western New York. 23 You know, when you talk about 24 issues like energy costs, we all know, you 25 know, how much the cost of energy -- it's been

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(518) 371-8910 1 reported greatly how Western New York has the 2 highest energy rates not just in New York but 3 in the entire northeastern part of the United 4 States. This legislation addresses those high 5 energy costs. Better use of hydropower from 6 the Niagara Power Project will become a part 7 of this program to jump-start the upstate 8 economy. 9 Reducing healthcare costs, most 10 particularly for small businesses. You know, 11 when small businesses get trapped today by the 12 large increases in health insurance costs, 13 what they do is they basically terminate 14 health insurance for their employees, which 15 puts more people on the uninsured rolls in our 16 state. 17 This is a great 10-point program. 18 It addresses property taxes, energy costs, 19 health insurance costs for small and 20 medium-sized businesses. This legislation 21 will give companies located in my district, 22 like Calspan, a name synonymous with the 23 history of aviation technology, the ability to 24 expand where they want to expand, right in 25 their home in Niagara Falls and Niagara

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(518) 371-8910 1 County. 2 So, Mr. President, I wholeheartedly 3 support this legislation, will be voting in 4 favor of it, and strongly encourage my 5 colleagues to support it also. Thank you. 6 ACTING PRESIDENT GRIFFO: Senator 7 Maziarz will be recorded in the affirmative. 8 Senator Libous, to explain his 9 vote. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 I want to pick up on what my 13 colleagues are saying, and certainly my 14 colleague Senator Winner from the Southern 15 Tier. 16 You know, we do have a beautiful 17 state, and particularly upstate. You know, we 18 have the rolling hills, we have beautiful 19 farms, we have the orchards of grapes and 20 apples at different times of the year. We 21 have quaint little cities. 22 But what we've been missing is a 23 plan, a plan of action, a plan that will 24 deliver results. You know, our colleagues in 25 this business from both sides of the aisle

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(518) 371-8910 1 have been talking for years about they're 2 going to create jobs in upstate New York. And 3 unfortunately, that has not been the case. 4 What Senator Bruno has put on the 5 floor today is a plan -- and I can't say it 6 enough -- a plan of action. No one else has a 7 comprehensive plan like this, as some of you 8 referred to as a blueprint, one that outlines 9 10 points, 10 key significant points to 10 revitalize the upstate economy. 11 But what's important to me about 12 this plan is that over the course of the next 13 several years we're going to be creating hope 14 and opportunity, opportunity for those 15 students that attend Binghamton University, in 16 my district, and Broome Community College and 17 Davis College, hope and opportunity that in 18 upstate New York and in New York State that 19 they will have a place after graduation, a 20 place to stay and work. A career, not just a 21 job, because jobs sometimes come and go. 22 But what we're doing with this plan 23 is we're creating careers, career 24 opportunities for people, and particularly 25 young people who graduate from our colleges

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(518) 371-8910 1 and universities. 2 Mr. President, this is a very, very 3 important day for us. Because as I said, 4 there has been a lot of talk over the years, 5 but there's been no action. Today in the 6 Senate we are taking action, we have a plan. 7 And this plan is going to create career 8 opportunities, it's going to create jobs, it's 9 going to give people a reason to come back to 10 upstate New York. 11 Mr. President, I vote aye. 12 ACTING PRESIDENT GRIFFO: Senator 13 Libous will be recorded in the affirmative. 14 Senator Saland, to explain his 15 vote. 16 SENATOR SALAND: Thank you, 17 Mr. President. 18 Mr. President, more than 27 years 19 ago I came to this Legislature, at that time 20 as a member of the Assembly, thinking of 21 myself as being a rock-ribbed upstater. I 22 have lived -- I had lived and continue to live 23 in Dutchess County, where I spent nearly my 24 entire life. And when I got to Albany, they 25 told me I was a downstater. I was truly

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(518) 371-8910 1 troubled if not traumatized at the time. 2 But I have since learned that the 3 line through upstate and downstate, at least 4 in my general region, runs through my Senate 5 district. You won't find it on the map. 6 Right now it's somewhere in northern Red Hook, 7 in Dutchess County, having crept up there from 8 somewhere in northern Rhinebeck some 10 or 15 9 years ago. 10 And in my district, my Senate 11 district, we find one county considered to be 12 a mid-Hudson county, and that's Dutchess 13 County, and another considered to be upstate, 14 and that's Columbia County. There's no 15 tollbooth along the way that I pass when I go 16 through one to another, and there's no 17 designation on the road. But the fact of the 18 matter is that the world that we've heard 19 discussed here today is one that does talk in 20 terms of upstate and downstate. 21 And that dichotomy truly is a very 22 unfortunate one, one which this bill attempts 23 to come to grips with in a fashion which is 24 real, in a fashion which is more than talk, in 25 a fashion which does away with all of the old

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(518) 371-8910 1 ideas of handwringing, what are we going to do 2 about upstate. 3 What this does, very simply, as has 4 been mentioned by several of my colleagues, a 5 number of my colleagues, is to try and 6 highlight certain areas where the state could 7 do much more, where the state can help, in 8 effect, rekindle the upstate economy, an 9 economy that at one time was booming. 10 If you look at the census data, 11 what have we seen over the course of the 12 last -- probably the 2000 census and I believe 13 the 1990 census? While our population has 14 increased, it has not increased because folks 15 have stayed here and folks have raised more 16 children here. It's generally increased 17 because of the fact that immigration is 18 driving our numbers up. 19 What we do is we educate our 20 children in our public schools, we educate 21 them in our colleges, and for lack of 22 opportunity, they seek employment elsewhere, 23 something that certainly is troublesome for 24 the state's future, something that certainly 25 is traumatic for many of New York's family

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(518) 371-8910 1 members, something that is correctable. 2 This legislation, which is the real 3 deal, as distinguished from words -- this is 4 not merely talking the talk, this is walking 5 the walk, whether it's broadband for upstate, 6 whether it's more training monies, whether 7 it's trying to ensure a more competitive 8 market with tax breaks, whether it's energy 9 incentives, whether it's healthcare 10 incentives. These are the issues, when you 11 meet with your businesspeople, that they time 12 and again raise. 13 So I would like to join the chorus 14 who have thanked Senator Bruno for his 15 leadership in putting this package together. 16 This should be accomplished before we leave 17 session. It should not be left on the table. 18 This is really what is necessary to right the 19 ship of state, the New York ship of state, to 20 get it going in the right direction. 21 No more handwringing, no more 22 acrimonious challenges. What this is about is 23 working for the people of the State of 24 New York, bringing our state together and 25 providing opportunity for upstate New York

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(518) 371-8910 1 that regrettably we have not seen to the 2 extent that many would have hoped for 3 certainly a number of years. 4 Getting behind this sends a 5 message. It's a message of hope. It's a 6 message of commitment. It's a message of 7 economic good health. That's what we will do 8 here today. 9 Thank you, Mr. President. 10 ACTING PRESIDENT GRIFFO: Senator 11 Saland to be recorded in the affirmative. 12 Senator Young, to explain her vote. 13 SENATOR YOUNG: Thank you, 14 Mr. President. I rise to enthusiastically 15 support this legislation. 16 There is no doubt that upstate 17 New York needs economic growth. But there is 18 no area of the state in more need than Western 19 New York. People are fleeing Western New York 20 because of our suffocating tax burden, because 21 of our lack of infrastructure, because of 22 mounds of red tape and regulation, and because 23 our energy costs are sky high. 24 We need to break those chains. And 25 the way that we break those chains is through

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(518) 371-8910 1 Upstate Now. It has all of the elements that 2 are necessary to not only revive our economy 3 but make it thrive and grow. 4 In my district there are many 5 needs. This plan addresses all of our needs. 6 Historically we've depended on things like 7 agriculture, manufacturing, small businesses, 8 tourism. All of those areas are strengthened 9 and covered in this plan. 10 One of the things that I'm thrilled 11 about is the fact that Add Jobs New York is 12 included in Upstate Now. 13 As you look around upstate and you 14 visit many of the smaller towns, you realize 15 that their entire economy historically has 16 been built on agriculture, with our farming 17 industry and with the supporting businesses in 18 the small towns that support the farming 19 industry, things like feed mills, hardware 20 stores, building and supply. 21 We have not invested in ag 22 businesses in New York State in a long time. 23 This changes that. This establishes a fund so 24 that farmers and ag businesses can get 25 financing. We have so many opportunities in

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(518) 371-8910 1 agriculture right now, things like organics, 2 things like alternative fuels. And if people 3 have the capital and the financing to go after 4 those opportunities, then our economy will 5 grow. 6 The bottom line is that we need to 7 be competitive. We need to have good-paying 8 jobs for our families. We need to have career 9 paths and opportunities for our young people. 10 This plan does that. It cuts taxes, it cuts 11 regulation, it grows our downtowns, it 12 strengthens manufacturers, and it nurtures our 13 small businesses. It's just what the doctor 14 ordered for upstate, Mr. President. 15 So we need action. We need 16 results. We need jobs. We can't wait 17 anymore. We need Upstate Now. And I 18 enthusiastically vote yes. 19 ACTING PRESIDENT GRIFFO: Senator 20 Young to be recorded in the affirmative. 21 Senator Marcellino, to explain his 22 vote. 23 SENATOR MARCELLINO: Thank you, 24 Mr. President. 25 I rise to support this important

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(518) 371-8910 1 piece of legislation because, as was said 2 earlier, it's a plan. It's a real plan for 3 the entire state. Because if we lift one area 4 of our state up, everybody else benefits from 5 that same action. 6 We must create career opportunities 7 for our young people. We must lower taxes for 8 our overburdened property taxpayers. We must 9 attract more businesses to create more jobs. 10 We need all of those things. They're in this 11 plan. 12 I commend Senator Bruno for his 13 leadership on this issue. I urge full support 14 for this important plan, that we make it work. 15 Our state must be competitive. We need to be 16 competitive in a worldwide economy. That 17 means all areas of the state must be on 18 target, must be moving and moving ahead with 19 opportunity and, as much as this state can 20 provide, with support that we have to to 21 generate those jobs and career opportunities I 22 think we should be doing. 23 This is a great bill. This is a 24 great plan for the entire State of New York. 25 I vote aye.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Marcellino to be recorded in the affirmative. 3 Senator Morahan, to explain his 4 vote. 5 SENATOR MORAHAN: Thank you, 6 Mr. President. 7 I also rise in support of this 8 universal bill that not only addresses the 9 economy in upstate New York but also has 10 provisions there for small businesses 11 throughout the State of New York. 12 I want to congratulate the 13 leadership here in our Senate, my colleagues, 14 on this bill. I'm not surprised. The Senate 15 has led the way for several years. We have 16 done Gen*NY*sis New York. We've had New York 17 Now. We have Power for Jobs. This is not new 18 for us. 19 What's different this year is this 20 is the most comprehensive plan that I've seen 21 since I'm a Senator here in this chamber. 22 This bill talks about jobs in manufacturing, 23 it talks about technical training, it talks 24 about scientific training, education for our 25 young people. There's jobs in here for all.

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(518) 371-8910 1 And it's help for small businesses 2 who we need here to create those jobs. 3 Without the business, without the small 4 manufacturers, without the small venture 5 capital programs, we can't survive. Our 6 children will leave. They have been leaving; 7 they will continue to leave. 8 In my opinion, this bill speaks 9 right to the problem. It's time for New York 10 to act. It's time for New York to come up 11 with a program. It's time for New York to do 12 what we have to do not only for today's 13 economy but the future economy. This bill 14 does it, and I'm proud to support it. 15 I congratulate my leader, Senator 16 Bruno, and everyone else who worked with this 17 bill to bring to the floor today. 18 Thank you. 19 ACTING PRESIDENT GRIFFO: Senator 20 Morahan to be recorded in the affirmative. 21 The Secretary will announce the 22 results. 23 THE SECRETARY: Ayes, 57. Nays, 24 0. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 Senator Bruno. 3 SENATOR BRUNO: Mr. President, 4 can we at this time go to the noncontroversial 5 reading of the calendar. 6 ACTING PRESIDENT GRIFFO: Clerk 7 will read. 8 THE SECRETARY: Calendar Number 9 27, by Senator Larkin, Senate Print 224B, an 10 act to amend the Labor Law, the Arts and 11 Cultural Affairs Law, and the General Business 12 Law. 13 ACTING PRESIDENT GRIFFO: Last 14 section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the 60th day. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 69, by Senator Golden, Senate Print 322, an 25 act to amend the Elder Law, in relation to

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(518) 371-8910 1 creating. 2 ACTING PRESIDENT GRIFFO: Last 3 section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 181, by Senator Maziarz, Senate Print 3070, an 14 act to amend the Workers' Compensation Law, in 15 relation to compensation for death. 16 ACTING PRESIDENT GRIFFO: Last 17 section. 18 THE SECRETARY: Section 6. 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, 57. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 549, by Senator Golden, Senate Print 3442, an 3 act to amend the Tax Law, in relation to the 4 Empire State commercial production tax credit. 5 ACTING PRESIDENT GRIFFO: Last 6 section. 7 THE SECRETARY: Section 4. 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, 57. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 606, by Senator Larkin, Senate Print 1047A, an 17 act to amend the Racing, Pari-Mutuel Wagering 18 and Breeding Law, in relation to expenditure. 19 ACTING PRESIDENT GRIFFO: Last 20 section. 21 THE SECRETARY: Section 2. 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, 57. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 810, by Senator Wright, Senate Print 4685, an 6 act to amend the General Municipal Law, in 7 relation to expanding. 8 ACTING PRESIDENT GRIFFO: Last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of January. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 818, by Senator Farley, Senate Print 2742, an 20 act to amend the Banking Law, in relation to 21 annual reporting requirements. 22 ACTING PRESIDENT GRIFFO: Last 23 section. 24 THE SECRETARY: Section 3. 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, 57. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 845, by Senator DeFrancisco, Senate Print 9 5090, an act to amend the Real Property Law, 10 in relation to creating a fair housing 11 component. 12 ACTING PRESIDENT GRIFFO: Last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the same date and in 16 the same manner as Chapter 183 of the Laws of 17 2006. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 56. Nays, 22 1. Senator Hassell-Thompson recorded in the 23 negative. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 868, substituted earlier today by Member of 3 the Assembly Pheffer, Assembly Print Number 4 259, an act to amend the Agriculture and 5 Markets Law, in relation to food safety 6 education. 7 ACTING PRESIDENT GRIFFO: Last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 900, by Senator Flanagan, Senate Print 5158, 19 an act to authorize the Gurwin Jewish 20 Geriatric Foundation. 21 ACTING PRESIDENT GRIFFO: Last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 900 are 5 Senators Bonacic, Larkin and Rath. 6 Ayes, 54. Nays, 3. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 906, by Senator LaValle, Senate Print 815, an 11 act to amend the Mental Hygiene Law, in 12 relation to a pilot program. 13 ACTING PRESIDENT GRIFFO: Last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 180th day. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 977, by Senator Farley, Senate Print 3937, an 25 act to amend the New York State Printing and

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(518) 371-8910 1 Public Documents Law, in relation to letting 2 of contracts. 3 ACTING PRESIDENT GRIFFO: Last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 56. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 992, by Senator Golden, Senate Print 3719A, an 16 act to amend the Real Property Tax Law, in 17 relation to establishing a tax abatement. 18 ACTING PRESIDENT GRIFFO: Last 19 section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1029, substituted earlier today by Member of 5 the Assembly Benedetto, Assembly Print Number 6 7952, an act to amend the Executive Law, in 7 relation to clarifying provisions. 8 ACTING PRESIDENT GRIFFO: Last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1030, by the Senate Committee on Rules, Senate 20 Print Number 4303, an act to amend the Tax 21 Law, in relation to continuing to authorize. 22 ACTING PRESIDENT GRIFFO: Last 23 section. 24 THE SECRETARY: Section 4. 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, 57. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1036, by Senator Fuschillo, Senate Print 1534, 9 an act to amend the Penal Law, in relation to 10 including an official law enforcement. 11 ACTING PRESIDENT GRIFFO: Last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1037, by Senator Fuschillo, Senate Print 1540, 24 an act to amend the Penal Law, in relation to 25 criminal impersonation.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1042, by Senator Volker, Senate Print 3563, an 14 act to amend the Civil Practice Law and Rules, 15 in relation to correction of harmless errors. 16 ACTING PRESIDENT GRIFFO: Last 17 section. 18 THE SECRETARY: Section 2. 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, 57. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1047, by Senator Volker, Senate Print 4323, an 3 act to amend the Criminal Procedure Law, in 4 relation to designating security officers. 5 ACTING PRESIDENT GRIFFO: Last 6 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, 56. Nays, 13 1. Senator Duane recorded in the negative. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1050, by Senator DeFrancisco, Senate Print 18 4458, an act to amend the Criminal Procedure 19 Law, in relation to service of a supporting 20 deposition. 21 ACTING PRESIDENT GRIFFO: Last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of January. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1060, by Senator Lanza, Senate Print 5551, an 8 act to amend the Penal Law, in relation to 9 arson in the first degree. 10 ACTING PRESIDENT GRIFFO: Last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 30th day. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1067, by Senator Larkin, Senate Print 4835, an 22 act to amend the General Business Law, in 23 relation to unauthorized sale. 24 ACTING PRESIDENT GRIFFO: Last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1083, by Senator Alesi, Senate Print 277, an 11 act to amend the Correction Law, in relation 12 to work release programs. 13 ACTING PRESIDENT GRIFFO: Last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1083 are 22 Senators Duane, Hassell-Thompson and 23 L. Krueger. 24 Ayes, 54. Nays, 3. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1085, by Senator Flanagan, Senate Print 693, 4 an act to amend the Executive Law, in relation 5 to defendant profiting. 6 ACTING PRESIDENT GRIFFO: Last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1092, by Senator Skelos, Senate Print 2458, an 18 act to amend the Correction Law, in relation 19 to notice to sex offenders. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. Nays, 3 0. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1097, by Senator Rath, Senate Print 4636, an 8 act to amend the Correction Law, in relation 9 to knowingly harboring a sex offender. 10 ACTING PRESIDENT GRIFFO: Last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of 14 November. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1102, by Senator Seward, Senate Print 2336, an 23 act to authorize the Village of Dolgeville. 24 ACTING PRESIDENT GRIFFO: There 25 is a home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 3. 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, 57. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1105, by Senator Young, Senate Print 3191, an 12 act to authorize the County of Allegany to 13 reinstate Andrew Chamberlain. 14 ACTING PRESIDENT GRIFFO: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 3. 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, 57. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1116, substituted earlier today by Member of 2 the Assembly Fields, Assembly Print Number 3 6520A, an act to amend the Executive Law, in 4 relation to establishing. 5 ACTING PRESIDENT GRIFFO: Last 6 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, 56. Nays, 13 1. Senator Duane recorded in the negative. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1122, substituted earlier today by Member of 18 the Assembly D. Gordon, Assembly Print Number 19 7228, an act to amend Chapter 436 of the Laws 20 of 1997, constituting the Welfare Reform Act 21 of 1997. 22 ACTING PRESIDENT GRIFFO: Last 23 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, 57. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1154, by Senator Maziarz, Senate Print 4923, 9 an act to amend the Highway Law, in relation 10 to certain trail designations. 11 ACTING PRESIDENT GRIFFO: Last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 Senator LaValle. 22 SENATOR LaVALLE: Mr. President, 23 is there any other business at the desk? 24 ACTING PRESIDENT GRIFFO: There 25 is none, Senator LaValle.

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(518) 371-8910 1 SENATOR LaVALLE: There being no 2 further business, I move we adjourn until 3 Wednesday, May 30th, at 3:00 p.m. 4 ACTING PRESIDENT GRIFFO: On 5 motion, the Senate stands adjourned until 6 Wednesday, May 30th, at 3:00 p.m. 7 (Whereupon, at 5:26 p.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910