Wednesday, June 6, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 6, 2007 11 11:05 a.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 ACTING PRESIDENT MARCELLINO: The 3 Senate will come to order. 4 I ask everyone present to rise and 5 repeat with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MARCELLINO: In 9 the absence of clergy, may we take a moment of 10 silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT MARCELLINO: 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, June 5, the Senate met pursuant to 17 adjournment. The Journal of Monday, June 4, 18 was read and approved. On motion, Senate 19 adjourned. 20 ACTING PRESIDENT MARCELLINO: 21 Without objection, the Journal stands approved 22 as read. 23 We have presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports of state 4 officers. 5 Motions and resolutions. 6 Senator Fuschillo. 7 SENATOR FUSCHILLO: Thank you, 8 Mr. President. 9 On behalf of Senator LaValle, on 10 page number 57 I offer the following 11 amendments to Calendar Number 1314, Senate 12 Print Number 5476A, and ask that said bill 13 retain its place on Third Reading Calendar. 14 ACTING PRESIDENT MARCELLINO: The 15 amendments are accepted, and the bill will 16 retain its place on the Third Reading 17 Calendar. 18 SENATOR FUSCHILLO: Mr. 19 President, on behalf of Senator DeFrancisco, 20 on page number 51 I offer the following 21 amendments to Calendar Number 1247, Senate 22 Print Number 5256, and ask that said bill 23 retain its place on Third Reading Calendar. 24 ACTING PRESIDENT MARCELLINO: The 25 amendments are accepted, and the bill will

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(518) 371-8910 1 retain its place on the Third Reading 2 Calendar. 3 SENATOR FUSCHILLO: Thank you. 4 ACTING PRESIDENT MARCELLINO: 5 You're welcome. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, I 8 believe there are substitutions at the desk. 9 If we could make them at this time. 10 ACTING PRESIDENT MARCELLINO: The 11 Secretary will read the substitutions. 12 THE SECRETARY: On page 39, 13 Senator Marcellino moves to discharge, from 14 the Committee on Rules, Assembly Bill Number 15 8016 and substitute it for the identical 16 Senate Bill Number 3973, Third Reading 17 Calendar 1002. 18 On page 39, Senator Bonacic moves 19 to discharge, from the Committee on 20 Environmental Conservation, Assembly Bill 21 Number 1159 and substitute it for the 22 identical Senate Bill Number 4916, Third 23 Reading Calendar 1003. 24 On page 47, Senator Morahan moves 25 to discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 6820 and substitute it 2 for the identical Senate Bill Number 4436, 3 Third Reading Calendar 1160. 4 On page 64, Senator Klein moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 8585 and substitute it 7 for the identical Senate Bill Number 5871, 8 Third Reading Calendar 1438. 9 On page 68, Senator Bruno moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 6952 and substitute it 12 for the identical Senate Bill Number 4860, 13 Third Reading Calendar 1477. 14 On page 68, Senator Morahan moves 15 to discharge, from the Committee on Veterans 16 Homeland Security and Military Affairs, 17 Assembly Bill Number 5154 and substitute it 18 for the identical Senate Bill Number 5170, 19 Third Reading Calendar 1478. 20 And on page 68, Senator Bruno moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 8199 and substitute it 23 for the identical Senate Bill Number 5731, 24 Third Reading Calendar 1480. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 substitutions are ordered. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 there will be an immediate meeting of the 5 Rules Committee in the Majority Conference 6 Room. 7 ACTING PRESIDENT MARCELLINO: 8 There will be an immediate meeting of the 9 Rules Committee in the Majority Conference 10 Room. 11 THE PRESIDENT: The chair 12 recognizes Senator Bruno. 13 SENATOR BRUNO: Mr. President, I 14 notice there are still many empty seats in the 15 chamber. I would trust that the bells are 16 ringing and the sergeant-at-arms are 17 diligently finding out where the members are 18 who are not here. 19 We have important work to do, and 20 one of the first pieces of business to come 21 before the Senate today is a resolution by 22 Senator Bonacic. It is 2652. We would ask 23 that it be read in its entirety and move for 24 its immediate adoption. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will read. 2 THE SECRETARY: By Senator 3 Bonacic, Legislative Resolution Number 2652, 4 commending the Valedictorians, Salutatorians, 5 and Honored Students of the 42nd Senate 6 District, in recognition of their outstanding 7 accomplishments, at a celebration to be held 8 at the State Capitol on June 6, 2007. 9 "WHEREAS, It is the sense of this 10 Legislative Body to act in accord with its 11 long-standing traditions, to honor the youth 12 of today -- the leaders of tomorrow -- whose 13 character and achievements exemplify the 14 ideals and values cherished by this great 15 state and nation; and 16 "WHEREAS, This Legislative Body is 17 justly proud to recognize and commend the high 18 achievements of these dedicated students in 19 the 42nd Senate District on the occasion of a 20 special celebratory visit to the State Capitol 21 in Albany, New York, on Wednesday, June 6, 22 2007. At this time the Valedictorians, 23 Salutatorians, and Honored Students who have 24 been selected by their school leadership for 25 outstanding community service will receive

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(518) 371-8910 1 special recognition from the Senate in the 2 Senate chamber. Lunch will be served in the 3 Well of the Legislative Office Building, 4 followed by a tour of the State Capitol; and 5 "WHEREAS, These Valedictorians, 6 Salutatorians and Honored Students represent 7 the best of developed potential inherent in 8 our most precious resource, our youth. Their 9 achievements have brought enduring honor to 10 their families and communities and should be 11 recognized and saluted; and 12 "WHEREAS, These Valedictorians who 13 are being commended today for their 14 outstanding academic performances and 15 exemplary achievements include: Paul Beeman, 16 Nicole Frank, Jaime Mills, Kate Hume, Coyote 17 Anderson, Caitlin Logan, Ashley 18 Baldwin-Hunter, Amy Brower, Karl Anderson, 19 Bhakti Shah, Jarett Schwartz, Amarynth Sichel, 20 Gemma de Choisy, Melinda White, Carolyn 21 Murray, Andrea Faldermeyer, Ivy Lam, Adam 22 Cohn, David Frost, Lucas Behnke, Hallie 23 Schwab, Jessica Wilcox, Allyce Bolger, 24 Cassandra Rosado, Christopher Weitzman, 25 Courtney Laing, John Wenner, Ross Bernhardt,

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(518) 371-8910 1 Monica Lee, Matthew Baker and Cheryl Dumond; 2 and 3 "WHEREAS, The Salutatorians who are 4 being commended today for their outstanding 5 academic performances and exemplary 6 achievements include: Jennifer Daly, 7 Kimberlee Daly, Austin Fox, Savannah Wentz, 8 Jessica Mattson, Meghan Dembrosky, Erin Grey, 9 Zachary Gold, Nicholas Butts, James White, 10 Sharon Keren, Dana Moyer, Matthew Baxter, 11 Colleen Casey, Cassie C. Merwin, Melanie 12 Haines, Shivani Radhakrishnan, Kaitlyn Rubin, 13 Christopher Lazinski, Jonah Bernhard, Adam 14 Derkacz, Andrew Neidhardt, Michael McBride, 15 Tara Schor, Meredith Leverich, Maria Mirabito, 16 Patricia Ann Austin, Mavrick Micha, Jessica 17 Armstrong, Miranda Benevides, Andrea Hassler 18 and Emily Kinnear; and 19 "WHEREAS, The Honored Students who 20 are being commended today and who have been 21 selected by their school leadership for 22 outstanding school or community service 23 include: Tracy Briggs, Alexandra Amore, 24 Melanie Bittencourth, Emily Schmitt, Arooj 25 Iqbal, Meghan Hakim, Jacqueline Trotti, Jesse

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(518) 371-8910 1 Campanaro, Nathaniel Shelly-Reade, Ryan 2 Jobson, Corey Taylor, Larissa Domaszowec, 3 Pamela Bossdorf, Derek Stanley, Anna Roberts, 4 Jessica Cole, Michael Curbelo, Ginger Pierce, 5 Kathryn M. Ruhlin and Conor Miller; and 6 "WHEREAS, These Valedictorians, 7 Salutatorians and Honored Students may now 8 stand with pride as they assess their 9 achievements, experience the satisfaction of 10 their labors and the joy of their 11 accomplishments, eager to face the new 12 experiences of a challenging world; now, 13 therefore, be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to commend the 16 Valedictorians, Salutatorians and Honored 17 Students of the 42nd Senate District, in 18 recognition of their outstanding 19 accomplishments at a celebration to be held at 20 the State Capitol on June 6, 2007, and be it 21 further 22 "RESOLVED, That copies of this 23 resolution, suitably engrossed, be transmitted 24 to the aforementioned Valedictorians, 25 Salutatorians and Honored Students."

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(518) 371-8910 1 THE PRESIDENT: On the 2 resolution, the chair recognizes the 3 distinguished Senator Bonacic. 4 SENATOR BONACIC: Thank you, 5 Mr. President. 6 One of the greatest joys I get each 7 year in being a State Senator is to welcome 8 all of our most honored students, our 9 valedictorians, salutatorians and honored 10 students in 31 school districts. They are the 11 best of the best of our high school students. 12 Many are joined by the 13 superintendents of the school, school 14 administrators, and of course the MVPs, 15 parents of the children. 16 And what we have had planned today 17 is that we've had a brief seminar this morning 18 by presidents of colleges that have spoken to 19 these students about the transition from high 20 school to college. And all of them will be 21 going to college in a variety of fields in 22 colleges throughout the United States. 23 And what we want to impress upon 24 these students is that the State of New York 25 is the place to come back to work, to live,

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(518) 371-8910 1 and to raise your family. 2 Everyone in this chamber -- all of 3 my colleagues on both sides of the aisle -- 4 you may not be their constituents, but they 5 are proud of what you have accomplished so 6 far. 7 And Tom Testo is the gentleman up 8 there reading the names. And he said to me 9 before we got started, he was apologizing in 10 advance for some of those tough names that 11 might now have been phonetically correct. 12 But, Tom, you were terrific as usual. 13 But we welcome you here today, we 14 honor you, and we wish you the best of the 15 best as you continue your college career and 16 your journey through life. 17 Thank you very much, Mr. President. 18 THE PRESIDENT: On the 19 resolution, all those in favor please indicate 20 by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The resolution is 25 adopted.

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(518) 371-8910 1 To the 31 valedictorians, the 33 2 salutatorians, and the 20 honored students and 3 their most valuable parents, we welcome you 4 all to the Senate chamber. 5 (Applause.) 6 THE PRESIDENT: Senator Bruno. 7 SENATOR BRUNO: Mr. President, I 8 believe I have a privileged resolution at the 9 desk, 2663. I would ask that it now be read 10 in its entirety and move for its immediate 11 adoption. 12 THE PRESIDENT: The Secretary 13 will read Resolution 2663 in its entirety. 14 THE SECRETARY: By Senators 15 Bruno, Libous, and all members of the Senate, 16 Legislative Resolution Number 2663 paying 17 grateful tribute to the life and 18 accomplishments of Warren M. Anderson, former 19 Majority Leader of the New York State Senate. 20 "WHEREAS, It is with profound 21 sorrow that this Legislative Body, 22 representing the people of the State of 23 New York, is moved this day to pay tribute to 24 an eminent gentleman of indomitable faith and 25 dedication whose purposeful life and

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(518) 371-8910 1 accomplishments will forever stand as a 2 paradigm and inspiration for others; and 3 "WHEREAS, Born on October 16, 1915, 4 in Bainbridge, New York, Warren Mattice 5 Anderson, the Majority Leader of the New York 6 State Senate from 1973 until 1988, died on 7 Friday, June 1, 2007, at the age of 91; and 8 "WHEREAS, A graduate of Colgate 9 University and Albany Law School, Warren M. 10 Anderson served as a second lieutenant in the 11 United States Army, Judge Advocate General's 12 Department, during World War II; and 13 "WHEREAS, Following World War II, 14 Warren M. Anderson served as Assistant County 15 Attorney for Broome County before joining the 16 Binghamton law firm Hinman, Howard & Kattell 17 in 1949, becoming a partner in 1952, a 18 position he maintained until his death; and 19 "WHEREAS, In 1953, Warren M. 20 Anderson was elected to the New York State 21 Senate seat which was previously occupied by 22 his father, Floyd E. Anderson, and served 23 continuously until his retirement in 1988; and 24 "WHEREAS, Warren M. Anderson was 25 elected President Pro Tem and Majority Leader

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(518) 371-8910 1 of the Senate in 1973, a position he held 2 until his retirement, as well as a leadership 3 tenure unsurpassed in the history of the 4 New York State Senate; and 5 "WHEREAS, During his tenure as 6 Majority Leader of the New York State Senate, 7 Warren M. Anderson was the driving force 8 behind construction of Interstate 88 between 9 Binghamton and Schenectady, also known as the 10 Warren M. Anderson Highway; and 11 "WHEREAS, While Warren M. Anderson 12 is credited with having a leadership role in 13 the effort to save New York City from 14 bankruptcy in 1975, one of his lesser known 15 legislative accomplishments in which he took 16 pride was chairmanship of the committee which 17 rewrote New York's Business Corporation Law; 18 and 19 "WHEREAS, A strong advocate for 20 quality education, Warren M. Anderson devoted 21 much of his time and efforts to supporting 22 various educational institutions and 23 endeavors. He served as a member of the Board 24 of Trustees of both Colgate University and 25 Elmira College, and chaired Colgate's

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(518) 371-8910 1 presidential search committee, was a member of 2 the Colgate's Presidents Club and Maroon 3 Council, a member of the Advisory Committee of 4 the Government Law Center at Albany Law 5 School, and a member of the Board of Overseers 6 at the Nelson A. Rockefeller Institute of 7 Government; and 8 "WHEREAS, In addition, Warren M. 9 Anderson helped to create the Tuition 10 Assistance Program in the State of New York 11 and was a strong supporter of the SUNY school 12 system, including Binghamton University; and 13 "WHEREAS, A true citizen of Broome 14 County, Warren M. Anderson believed in giving 15 back to the community he loved so much. He 16 was a member of a number of clubs and 17 organizations, including Sons of the American 18 Revolution, Post 80, American Legion, 21 Club, 19 Live Wire Club, R&A Club, Austin Putting 20 Academy, and Kannibal Klub; and 21 "WHEREAS, Warren M. Anderson was 22 predeceased by Eleanor S. Anderson, to whom he 23 was married for 55 years. He is survived by 24 his wife, Ruth W. Anderson; four sons and 25 daughters-in-law -- W. David and Margaret

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(518) 371-8910 1 Anderson, Lawrence and Karen Anderson, Richard 2 and Elizabeth Anderson, and Thomas and Lisa 3 Anderson; his stepchildren, Melissa Bennett, 4 Beryl and Christopher Bryan, and Berkeley 5 Bennett; and his seven grandchildren -- 6 Rachel, David, Shain, Lindy, Ellie, Julia and 7 Carter Anderson; and 8 "WHEREAS, Armed with a humanistic 9 spirit, imbued with a sense of compassion, and 10 comforted by a loving family, Warren M. 11 Anderson leaves behind a legacy which will 12 long endure the passing of time and will 13 remain a comforting memory to all he served 14 and befriended; and 15 "WHEREAS, It is the intent of this 16 Legislative Body to honor the memory of Warren 17 M. Anderson and salute his accomplishments in 18 bettering his community, the State of New 19 York, and nation; now, therefore, be it 20 RESOLVED, That this Legislative 21 Body pause in its deliberations in a moment of 22 silent tribute to Warren M. Anderson, whose 23 unselfish concern for the welfare of others 24 enhanced the lives of those so fortunate to 25 have called him family, colleague and friend,

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(518) 371-8910 1 and to express its deepest condolences to his 2 family; and be it further 3 "RESOLVED, That a copy of this 4 resolution, suitably engrossed, be transmitted 5 to the family of Warren M. Anderson." 6 THE PRESIDENT: On the 7 resolution, Senator Bruno. 8 SENATOR BRUNO: Thank you, 9 Mr. President and colleagues. 10 We've just heard about a legend in 11 the Senate and in state government. We've 12 heard a chronicle of a giant. I'm holding in 13 my hand Warren Anderson's jacket, one of his 14 jackets. 15 (Applause.) 16 SENATOR BRUNO: Now, for those 17 that are visitors and those that are new to 18 the Senate, those of us that are here looked 19 for Leader Anderson to walk into this chamber 20 with this jacket, because it signified the end 21 of the session. This was his end-of-session 22 jacket. 23 And this was a tradition at 24 Colgate, where in his fraternity, on the last 25 day of school, everyone wore jackets like

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(518) 371-8910 1 this. That had to be some sight. 2 (Laughter.) 3 SENATOR BRUNO: And this is 4 marked, when 36 years -- think about it, of 5 public service, 36 years. Setting a record as 6 the Majority Leader in the history of the 7 Senate, 16-plus years. When I became leader, 8 my hair was black. And I haven't got nearly 9 those numbers of years, let me tell you, 10 because it's a tough job. But he did it in 11 such a way that he made it seem easy. 12 But you know, on his last days when 13 he was here, he called over -- I think Kyle 14 Hughes, Marc, was over at the Legislative 15 Correspondents Office. He said, "I want to 16 leave something, I want to leave something 17 that you all over there will remember me by." 18 So he wrote, in this: "Warren Anderson, 19 December 1988," and brought it there. 20 For Warren Anderson -- I'd put it 21 on, but the shoulders are much broader than 22 mine. And we're not ending session. But for 23 Warren Anderson, you want to think about the 24 humility of a man who was as strong as anyone 25 could be, but how humble, to say "I'm going to

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(518) 371-8910 1 leave you something to remember me by." Think 2 of that. Thirty-six years of public service. 3 You heard a page of what he did in 4 that life, 91 years. Volumes could be read 5 and printed of the effect that Warren Anderson 6 had on the people of New York State in a 7 direct way by his leadership, by his 8 leadership. 9 So while there is a jacket hanging 10 there in the Legislative Correspondents room, 11 while it is signed by our good friend Warren 12 Anderson, which is just a great memory, 13 everything that he did with his adult life -- 14 you heard it, serving in World War II, 15 distinguishing himself in service even 16 unrelated to the Senate. 17 A dangerous road from Binghamton to 18 Albany, two-lane road, he took it upon 19 himself -- the 7 -- to change that road. Now 20 there's a direct road from Binghamton to 21 Albany. Now Senator Libous can drive safely 22 back and forth in half the time that it took. 23 He was thinking of that. He was 24 thinking of the constituency, thinking of the 25 danger. It didn't relate to his ease of

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(518) 371-8910 1 movement; that was an afterthought. 2 Now, I only live 25 minutes from 3 here. And you think I can get a road that 4 leads into Albany? I should say not. It 5 takes me as long to drive from there as it 6 does for you from Binghamton. 7 But he was able to do things 8 like -- you mentioned the Tuition Assistance 9 Program. Think about what that means, 10 supplementing young people's ability to afford 11 a higher education. Think about the 12 ramifications of that to people, adults. 13 Think about us submitting 14 legislation like that and getting it done. 15 Would anybody here want to step up to that 16 challenge? I don't think so. To get a 17 compromise -- what's the right amount, what's 18 the right income levels? He did it. He did 19 it. And that is legendary. That goes on and 20 on and on. 21 So while there are memories of him, 22 the living memory is the work that he did with 23 tuition assistance. And you heard it, 24 New York City -- those that were here, 25 remember New York City? New York City was in

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(518) 371-8910 1 bankruptcy, on the verge of bankruptcy, a 2 bankrupt city. And many people said, Let it 3 go bankrupt. Let it go bankrupt. Let them 4 start over. 5 Warren Anderson, the giant that he 6 was, stood firm and said, That is the model 7 city of this state, that is the model city of 8 this country, that is the model city for the 9 world. We cannot allow it to go bankrupt. He 10 performed magic, performed magic by bringing 11 interests together. 12 Were people here -- who was here 13 when that happened? Owen, you were here, and 14 Caesar. Seven or eight members. 15 But think about the impact of that 16 one effort, taking strong will, persuasion, 17 persistence, staying with it. And then the 18 knowledge to put something together that could 19 work. 20 He was a great man. He was a 21 personal friend to me. We had differences, 22 like you sometimes have with me. Which I 23 never could understand how we can be in a 24 different place. 25 (Laughter.)

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(518) 371-8910 1 SENATOR BRUNO: I had some 2 differences with Andy. But in retrospect, he 3 was always right. He was right. And I remind 4 you all of that. 5 (Laughter.) 6 SENATOR BRUNO: I don't remember 7 any time when he was wrong, when I was 8 petitioning him for something, approaching 9 him. 10 But I'll say this to you before I 11 sit down. I would not be here without the 12 leadership of Warren Anderson. I would not be 13 here as a Senator. And I'm not saying that in 14 a patronizing way, I am saying that as a 15 matter of fact. 16 Now, some of you are saying: Darn, 17 how life would be different if you weren't 18 here. 19 The first time I ran, I had all I 20 could do to survive a primary, and I lived in 21 my district two years when I first ran for 22 office. Warren Anderson reached out, after I 23 had survived the primary, and literally pulled 24 me into the Senate in a three-way race. 25 Because I had somebody in a third party that

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(518) 371-8910 1 stayed right there and drew votes. 2 Point? Then -- and I want to tell 3 you this, because when we're under siege we 4 kind of forget -- a former Congressman for 5 four years lost his election in my district, 6 decided he'd run against me. Why? Because he 7 had won -- I was running underneath him, he 8 put his votes over me, he had beat me, he beat 9 me while he lost in the Congressional 10 district. 11 So I became the number-one target 12 in the state, a marginal. Senator Smith, he's 13 smiling and he's happy to hear that, that we 14 were marginalized. 15 Do you know who stepped in? Warren 16 Anderson. I can tell you now, I know, they 17 wrote me off. Did polls, I was gone. You 18 know? Four-year Congressional guy; I mean, he 19 was a very accomplished guy. Wrote me off. 20 Goodbye. Okay? Focus on the others. You 21 know who didn't write me off? Warren 22 Anderson. 23 I remember Warren Anderson called 24 and he said, "We're going to stay with you, 25 we're going to partner with you, we're going

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(518) 371-8910 1 to support you in every way that we can." And 2 I remember sitting in that office when they 3 said "You're going to be a winner." Three 4 weeks out from the election. "Whatever it 5 takes, you're going to be a winner." That's 6 leadership. That was contrary to others who 7 were his colleagues saying, Let Bruno go, 8 focus on the others. 9 So when I say I have the greatest 10 respect for Warren Anderson as a man, as an 11 individual, as a father, as a family man, as a 12 Senator, as a leader -- mostly, as a real true 13 friend. He was a friend. A friend of mine, a 14 friend of yours, a friend to all of the people 15 in New York State and in this country. 16 So, Mr. President, we extend our 17 condolences to his family -- and they're as 18 proud as we all are of him and his legacy -- 19 and to his grandchildren, his seven 20 grandchildren, who will go on in his memory. 21 This place, we are better people for his 22 leadership and for us all having known him. 23 Thank you, Mr. President. 24 THE PRESIDENT: Thank you very 25 much, Senator Bruno.

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(518) 371-8910 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, 3 Mr. President. 4 I know a lot of my colleagues will 5 speak and reflect on their relationship with 6 Warren Anderson here in Albany. I didn't 7 serve with him, but I will reflect on a couple 8 of experiences that I had and how I believe 9 his constituents reacted to his leadership, 10 not only as Majority Leader but also as their 11 Senator. 12 I have to start with a story, 13 though. I can tell you it was in 1981, and 14 there was a primary for Binghamton mayor on 15 the Republican ticket. And Senator Anderson 16 had his candidate, and Tom Libous and a few 17 renegades had their candidate. And at the end 18 of the primary, our candidate lost, but -- it 19 was a close race -- by about a hundred votes. 20 And you have to understand that as 21 a young man, 28 years old, going home the next 22 morning and receiving a phone call that 23 "Warren Anderson wants to see you tomorrow," 24 my knees were knocking. Because I wasn't an 25 elected official, I was just a young kid

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(518) 371-8910 1 kicking around Republican politics. And back 2 there, Warren Anderson never called anybody. 3 But he called personally and asked to see me. 4 So I went to see him and sat in his 5 office, and he was there with Clayton Axtell, 6 who was one of the attorneys at the firm and 7 one of his trusted advisors for many years. 8 And he looked at me and he said, 9 "Young man, you ran a hell of a race." He 10 said, "And I respect that you stuck with what 11 you believed in." "But," he says, "now it's 12 time for you to get on another team." And we 13 talked about compromise, we talked about 14 working together, and we talked about, you 15 know, strengthening the party. 16 Sometime after that, about seven 17 years went on, I was elected to Binghamton 18 City Council, I got another call from Warren 19 Anderson. And this was in February. My wife 20 took the call again and said, "Senator 21 Anderson wants to see you in the law office." 22 I went up to the law office, we sat 23 down. And I was planning on running for the 24 mayor of Binghamton. I was a city councilman. 25 And he sat down and we got talking again about

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(518) 371-8910 1 public service and what it meant and how I was 2 enjoying it. And then he paused and he said, 3 "Do you have your heart set on running for 4 mayor?" And I said, "Yes, sir, I do." He 5 said, "Would you ever consider running for the 6 Senate?" 7 And I looked at him, and I said -- 8 as I could be, sometimes, a little wise guy, I 9 looked at him and said, "Well, sir, I would 10 never primary you." And he looked at me and 11 he says, "No," he said, "I'm going to retire, 12 and I'd like you to succeed me." 13 And I can't tell you the feeling 14 that I had that day, but a lot of emotion came 15 over me and I couldn't believe that he would 16 ask me to succeed him. And I said "Why me?" 17 And he said, "Well, it's very important, you 18 see," and he talked about the conference and 19 he talked about what everybody here meant to 20 him in the conference. 21 And I have to be candid with you, I 22 didn't know what a conference was, I didn't 23 know what the conference meant. But I could 24 see in his emotion and his eyes that it meant 25 an awful lot to him, that every individual of

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(518) 371-8910 1 the Republican conference was special to him 2 in a special way. 3 Warren Anderson did an awful lot 4 here in Albany, and I know you'll talk about 5 that. But he did an awful lot for us in the 6 district. And I think I'd like to reflect on 7 just a couple of key things that he did back 8 home and how people respected him and looked 9 up to him. 10 Senator Bruno mentioned about the 11 highway between here and Binghamton, the now 12 Senator Warren M. Anderson Highway that 13 Senator Seward, I think, early after he 14 retired, introduced. And that was important 15 to him. The entire infrastructure of the 16 state was important to him. 17 He took a number of local people 18 that he respected and he put them in trusted 19 positions, whether it be local attorney Dar 20 Wales, who served as a SUNY trustee; Clayt 21 Axtell, who I mentioned, who was head of the 22 6th Judicial Convention, and he was chair; Bob 23 Best, who served as chairman of Security 24 Mutual Life Insurance and was on the Board of 25 Regents. These were local people that he

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(518) 371-8910 1 respected that he put into powerful positions 2 in the state. 3 He created and arranged the state's 4 first veterans home, built in Oxford, because 5 he cared about the healthcare of our veterans. 6 He built many, many parks and helped many 7 people, but the Oquaga Creek State Park was 8 developed in Broome and Delaware and Chenango 9 Counties, because Warren Anderson felt there 10 was space there that needed to be developed so 11 people could recreate and enjoy. 12 Senator Bruno talked about 13 education. Nothing was more important to 14 Senator Anderson back home than a small 15 college called Harper College. And he helped 16 to build that and transformed that literally 17 into what is now Binghamton University, one of 18 the flagship colleges in the SUNY system. 19 And he took special pride in that. 20 He took special pride in that. When you 21 shared conversation with him, when he talked 22 within the community, you could see that as 23 the college continued to grow and the SUNY 24 system continued to grow, his special heart 25 was always at Binghamton University.

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(518) 371-8910 1 He did a number of things within 2 our community. He was extremely well 3 respected. People knew he was the Majority 4 Leader, but they really didn't know what the 5 Majority Leader did here. What they did know 6 is that back home they had a true friend that 7 they called Andy. And that's what he was 8 called back home. He wasn't Senator Anderson, 9 he wasn't Majority Leader Anderson, he was 10 Andy, the friend of the community. 11 I will miss him personally. He was 12 a mentor to me. If it wasn't for him, I would 13 not be here in the Senate, there's no question 14 about it. I mean, not only to have him 15 selecting me, but also his guidance. 16 During my tenure as a Senator, not 17 once did he ever call me and tell me what to 18 do up here. But he was always there for 19 counsel. He was always there for advice. And 20 he was always there just to listen. And he 21 was a great listener. 22 For those of you who served with 23 him, you know that he would take time, 24 especially if there were two sides of an 25 issue. If there was an issue back home where

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(518) 371-8910 1 different groups were involved, he would 2 always take the time to listen. 3 I was told a story by someone who 4 worked for him that when the seat belt 5 legislation was being debated on the floor, 6 before he put that bill out, he got a lengthy 7 letter from a senior citizen that shared with 8 him that if you pass this legislation, if 9 something happens, that seat belt is going to 10 choke me, because I'm a petite lady, and she 11 was a senior citizen. 12 And the staff member told me that 13 that bothered him. He said to the staff 14 member, he said, "Please assure me that this 15 woman is going to be safe before we put that 16 bill to the floor, and any woman or any person 17 that size who's concerned." I mean, a little 18 thing like that he cared about. That was 19 Warren Anderson. 20 So I too stand here to honor a 21 friend, a very personal friend, but more so a 22 friend of the Southern Tier and everyone that 23 I represent, and that he represented for 24 36 years. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Senator Smith. 2 SENATOR SMITH: Thank you very 3 much, Mr. President. 4 I rise also to join Senator Bruno 5 and Senator Libous and many of our colleagues 6 here today who will give tribute to one who 7 you've already heard described as a giant in 8 this business. 9 I don't have the experience or the 10 background of experience with Senator Anderson 11 that Joe and Tom has. Quite frankly, when he 12 was elected to the Senate, I wasn't even born 13 yet. Joe said "mmm." When he was Majority 14 Leader, I was actually still in high school. 15 But one of the things I do have is 16 I have the honor to be able to stand on this 17 floor and talk about someone who is such a 18 giant. And I believe Senator Anderson was 19 such a giant that what he does, even by virtue 20 of allowing us to talk about him today, he 21 adds to our resume in terms of what we're able 22 to do and talk about. 23 When I leave the Senate -- whenever 24 that happens, Joe -- there are some things you 25 want to be able to carry with you and talk

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(518) 371-8910 1 about that you were able to accomplish while 2 you were here. 3 Well, today, even though he has 4 passed away at 91 years of age, he is still 5 giving something to us. What he has given to 6 many of us is that we are able to add to our 7 resume the fact that we are able to stand on 8 this floor and give tribute to such a giant 9 and to someone who has done so much for this 10 state. 11 Tuition Assistance Program. Many 12 of us have family, have friends, neighbors, 13 brothers and sisters who, if not for that 14 program, they would not be the persons that 15 they are today. We all know the importance of 16 education, what it does for you, what it does 17 for you in terms of your life, how it allows 18 you to be productive. And if a gentleman such 19 as Mr. Anderson had not taken the time to 20 understand the significance of what that 21 program would do, many of us would not be here 22 today. 23 So this is a very important day for 24 us. I had the opportunity, with Senator 25 Volker, to go over to the memorial tribute

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(518) 371-8910 1 today. Senator Anderson's name was on the 2 program. I was able to look at his name. And 3 when you look at his name, it says something. 4 When you look at his name, it actually shakes 5 the walls. 6 And I'm sure if these walls could 7 speak, they would actually shake and rumble -- 8 not just because of the flashy jacket that he 9 wore, but he entered a room and the room 10 changed. 11 Now, you will say, Well, Malcolm, 12 how do you know that? You wasn't even around 13 for that. But when I hear stories from 14 Senator Bruno, Senator Libous, I've heard them 15 from Senator Connor, I've heard them from many 16 members who were here for quite some time. He 17 was obviously someone that made a statement 18 when he walked into the room. 19 So I am honored to be able to put 20 this on the resume that I am going to take 21 with me when I leave the Senate to say that I 22 was able to stand on this floor and talk about 23 such a giant, someone whose heart was in the 24 right place, someone who as Senator Libous 25 called Andy, who people understood he was just

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(518) 371-8910 1 a friend to the neighborhood. 2 His family is probably saddened by 3 the loss, but they should know that all of us 4 stand to honor him, all of us remember what he 5 has done for this state. Many of us had the 6 opportunity to experience him firsthand. But 7 those of us who did not, we also had the 8 opportunity to experience what he did for the 9 people of this state by virtue of that TAP 10 program. 11 So I know it's a sad day for his 12 family, but they should know that we all stand 13 here in tribute to him. We will always stand 14 in tribute to him. And at some point in time, 15 if it's appropriate, I'm sure we will do 16 something even more demonstrative by virtue of 17 all that he has meant to each and every one of 18 us. 19 So to Senator Libous I say thank 20 you for even taking his place. I know how big 21 that is. I know how it must have impacted you 22 when he called you and said, I want you to 23 take my seat. 24 Senator Bruno, I say to you, thank 25 you for becoming the leader after him. No, I

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(518) 371-8910 1 don't count the one in between. I'm not 2 counting the one in between. 3 That's the Governor? Well, tell 4 the Governor you and I are talking; he needs 5 to give us our moment. 6 Senator Bruno, I thank you for all 7 that you have done in his legacy and carrying 8 on the business of the business of the Senate 9 which is so important to us as we move 10 forward. And it's good to know that there is 11 hope for an underdog, as you explained your 12 Congressional circumstances. 13 SENATOR BRUNO: Thank you. Thank 14 you. 15 SENATOR SMITH: Yes. Yes, you 16 persevered and survived, that's right. 17 (Laughter.) 18 SENATOR SMITH: So, colleagues, I 19 stand here in awe of a gentleman by the name 20 of Majority Leader Anderson, someone who, as I 21 said, got into the Senate before he was 22 elected his, but his name clearly carries the 23 weight well beyond his passing. 24 Thank you very much. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Senator Farley. 2 SENATOR FARLEY: Thank you, 3 Mr. President. I rise to pay tribute to 4 Warren Anderson. 5 Let me just say something. Senator 6 Bruno, as you spoke of all of these primaries 7 and things, I was involved with them also at 8 the same time. We came in together. And it 9 was kind of interesting, because when I was 10 elected -- and I defeated an incumbent 11 Senator -- I was number 32. So you can see 12 that things were kind of close way back then. 13 And Warren Anderson was a very 14 interesting guy. And I was very impressed 15 with Senator Bruno's tribute to him, because 16 it was very moving. Because he could spar 17 with Senator Anderson -- and you don't want to 18 spar with Senator Bruno -- but they became 19 very fast friends, and I think that was 20 important. 21 I just want to recall a few things. 22 He was a very gentle man. He was one that led 23 by consensus. Kind of kept a light underneath 24 the bushel. But Warren Anderson was a very 25 strong person and one that really made a

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(518) 371-8910 1 difference. 2 You know, there's a lot of people 3 today and a lot of groups today that are 4 trying to diminish the Legislature as a 5 copartner in government. Let me just say 6 something that I saw that happen under Warren 7 Anderson's watch, that the Legislature, both 8 the Senate and the Assembly, became powerful, 9 independent copartners in government. 10 It was Warren Anderson and Stanley 11 Fink and the early speakers who he worked very 12 closely with. I think Stanley Fink considered 13 him one of his dearest friends in the world. 14 And he did work very, very well with the 15 Assembly leadership. 16 And the Legislature really was -- 17 they started their own research, their Ways 18 and Means and the Finance Committees were 19 funded. And we did not necessarily become 20 appendage of the Governor, which this 21 Legislature was for years and years. They 22 only used to meet two or three months, look 23 for the next party, and they were out of town. 24 That's not the case. We're always 25 in session. And Warren Anderson was very much

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(518) 371-8910 1 a part of making the Legislature a copartner 2 in government, along with the Speaker of the 3 Assembly. 4 And as I think is the thrust today, 5 and you can understand that, by certain groups 6 that want to diminish the Legislature. I 7 think that's unfortunate. 8 Warren Anderson was a giant. He 9 has the record for serving the longest of any 10 Majority Leader, and that's kind of difficult. 11 He was never really challenged. He also, I 12 thought, was very kind to all of his members. 13 He took every member, whether of either side, 14 and talked to them. He was very considerate 15 of the Minority, and very tolerant. And I 16 thought he was a great leader. 17 He was a role model. As I said 18 when I first heard of his passage, that he was 19 like a father to me. The mere fact that I was 20 a newly elected young Senator at that time and 21 really taken care of, I really enjoyed that. 22 But he was always a dear friend. He has four 23 boys that he was absolutely very, very fond 24 of. 25 And he devoted his life to public

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(518) 371-8910 1 service. He literally devoted his life to 2 public service. And as Senator Libous said, 3 he was totally loved in that area of the 4 Southern Tier. He was the Southern Tier. And 5 you can see so many things that remain with 6 his imprimatur on it. 7 You know, they talk about that 8 road. That was called Bloody 7, because 9 people died on every mile of it, practically. 10 And what a job that was to build that 11 expressway. They fought him on almost every 12 mile of it, and he never surrendered. He was 13 determined. 14 And Warren Anderson was not only a 15 great leader, he was a great Senator and a 16 great father and husband, and he'll be sorely 17 missed. He had a full life, but what a life 18 he had. And many of us as Senators could use 19 him as a role model. 20 I extend my best to his family and 21 wish all of them well. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Stachowski. 24 SENATOR STACHOWSKI: Yes, 25 Mr. President, I too rise to speak about

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(518) 371-8910 1 Warren Anderson. 2 I had the good fortune of getting 3 here when Warren Anderson was the leader. And 4 he was truly a great, great leader. He ran 5 the house in a real tight fashion. 6 However, as Senator Connor alludes 7 to many times, that in those days, if you had 8 good bills, no matter which side of the aisle 9 you were from, he would pass them. And he did 10 a good job in running the place, and he also 11 shared resources a little bit better than 12 they're shared today. And the whole place was 13 a lot more collegial. 14 But there was never any mistake who 15 was in the Majority and who was the leader. 16 And I think that's what made him such a great 17 leader. 18 And as Senator Bruno spoke about 19 that coat, late in session, when we'd be here 20 till 3:00, 4:00 in the morning a few nights in 21 a row, we'd look forward to the night that 22 Senator Anderson would walk in with that loud 23 sport coat. And it was like, oh, God, we're 24 finally done. And there were two things that 25 happened that night, we'd do the horse bills,

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(518) 371-8910 1 we'd do any racing bills, and Senator Anderson 2 would come with that coat. 3 Senator Anderson was a true 4 gentleman. I have never met anybody like him. 5 I think he was just somebody special. And I 6 think that as members talked about, Senator 7 Anderson really saved New York City. I mean, 8 the Governor wanted to do something, the 9 Speaker wanted to do something. The President 10 of the United States said let them help 11 themselves. And it was all up to Senator 12 Anderson and the Senate to do something to 13 actually get something done for New York. 14 And there was a lot of question 15 then, because then in those days -- and I 16 wasn't here, but I can remember -- the big 17 phrase was always why don't we let New York 18 City cut away from the state and let upstate 19 be itself. And, you know, Senator Anderson 20 was from upstate. 21 He rose to the occasion, did 22 whatever was necessary. I know the guys that 23 were here tell me they used to work 24 constantly -- weekends, right through -- until 25 they solved that big situation with New York

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(518) 371-8910 1 City. And it's a great thing that they did, 2 because New York City was then and still is 3 the financial capital of the world. And how 4 we even thought about letting that go down 5 nationally was beyond me. But the fact is, 6 Senator Anderson wouldn't think of it. 7 Between that and TAP and all the 8 other things he did are all the things that 9 made him a great legislator. But he was also 10 an interesting man. 11 Manny Gold told the story many 12 times, and a few times on the floor, about the 13 time he needed to see Senator Anderson about a 14 bill that was really important to him, and he 15 couldn't get by the person that was in front 16 of his office. I forgot what her name is -- I 17 really didn't, but I'll just say that for the 18 sake of the story. 19 (Laughter.) 20 SENATOR STACHOWSKI: He couldn't 21 get by her. So he went to the Lieutenant 22 Governor's office, who was a Democrat at the 23 time, went out the window, went on the ledge, 24 knocked on the window on Senator Anderson's 25 office -- he went across on that little ledge.

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(518) 371-8910 1 And Senator Anderson unlocked the 2 window, waved him in, they sat down and talked 3 about the bill. And then he was going to go 4 back out on the windowsill, but he made him go 5 out through the doorway. And Senator Anderson 6 eventually did do that bill. 7 But it was an interesting story. 8 But that's how he was; he wasn't even fazed by 9 the fact that here's a man coming on the ledge 10 knocking on the window. 11 He also made the mistake of 12 drinking Senator Anderson's water bucket once, 13 on one of the nights when there wasn't a lot 14 to do, and he said that was a real eye-opener 15 for him. Those of you who were here will 16 understand what that means. 17 But he did have one fault. 18 Sometimes on the floor he had a hearing 19 problem. And there would be a slow roll call 20 vote, and the votes would be cast, and 21 sometimes he didn't hear one of his guys vote. 22 Because I would -- you'd see him get up out of 23 his seat, walk around the chamber, stop at the 24 one he didn't hear, put his hand on his 25 shoulder and say, for example, "Could you call

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(518) 371-8910 1 Senator Owen Johnson's name? I don't believe 2 I heard him vote correctly." 3 And then the vote would be repeated 4 to whatever it was, or whatever Senator 5 Anderson thought it should be, and we would 6 continue on. And for those of us that were 7 here, it was kind of an interesting situation. 8 You can see Marc, who's been here 9 quite a while, nodding. Because in those days 10 the press used to sit here. They didn't sit 11 in their little room where they sit now with 12 their little boxes on, they sat here. And 13 everybody would see Senator Anderson move 14 around. So he knows that I'm not making this 15 up. The older guys know that I'm not making 16 this up. But it was something to see. 17 He also loved to play golf, and 18 you'd see him talking with the other guys who 19 played golf. He had a million different golf 20 clubs, always getting different clubs. 21 But he also liked to do one other 22 thing. In those days we used to play 23 softball. And Senator Anderson loved to pitch 24 his one or two innings that he would pitch in 25 the annual Senate-Assembly softball game.

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(518) 371-8910 1 And when I first got here, I was a 2 marginal Senator, believe it or not. My 3 district, I was marginal. For some reason 4 they thought that they could win that seat. 5 Really, the numbers weren't that good, but 6 they thought they could. 7 And fortunately, my first time at 8 playing softball for the Senate, I played very 9 well. So Pat Briggs came up to me at a 10 reception and said, "Even though you're 11 marginal, we're going to beat you, Senator 12 Anderson told me to tell you that he's going 13 to find something for you to do that you can 14 still play softball for the Senate." 15 Had I realized that all these other 16 jobs paid more, I might have thrown the 17 election and just been an employee here and 18 done a lot better financially. 19 (Laughter.) 20 SENATOR STACHOWSKI: But I told 21 her not to worry about it, I wouldn't let 22 Senator Anderson down. And I proceeded to win 23 and kept playing softball with them until we 24 stopped playing. 25 We also had a great conversation

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(518) 371-8910 1 all the time because he was, as far as I'm 2 concerned, the Colgate alumni. Nobody loved 3 Colgate more than he did. 4 I went to a game once at Colgate 5 after I got here, and I was walking across the 6 parking lot and he stopped me because I had 7 walked by the Maroons picnic and I didn't 8 realize it. And he pulled me in, with the 9 other guy I was with, and introduced us to 10 everybody. 11 He was -- I don't mean to say this, 12 he was the big Maroon. But, you know, not to 13 be confused, it was the color. That's their 14 color. 15 But he was a big, big supporter of 16 Colgate. He also was a huge New York Giant 17 fan. And another thing that we shared in 18 common -- and the only time I got on the front 19 page of the New York Times -- session was 20 ending, he wanted to know about the Giants 21 draft. Or it was budget time was ending, he 22 wanted to know how the Giants did in their 23 draft. 24 My college coach was the player 25 personnel director of the Giants, so I always

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(518) 371-8910 1 had their take on all the guys they picked. 2 And every year I would give him a list. 3 So I'm walking over, I'm standing 4 where the counsel is, and Senator Anderson is 5 standing up, and there's a picture of about 6 four of us talking about this draft. And the 7 New York Times had a picture: "Senators 8 gather to talk about budget." 9 (Laughter.) 10 SENATOR STACHOWSKI: That's a 11 true story. 12 And even after Warren left, as long 13 as my guy was player personnel director, he 14 would give me that list and I would mail it 15 religiously to Senator Anderson, and he would 16 look forward to getting it. 17 So the reality was I had a great 18 relationship with him from a few different 19 perspectives. I played football at Holy 20 Cross, I was fortunate in that way, and he had 21 known about me from that. Never held it 22 against me that I played good, because they 23 won sometimes and we won sometimes. 24 And he was just a wonderful man, a 25 great leader. I think when you have the

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(518) 371-8910 1 definition of "Senate Majority Leader," Warren 2 Anderson's picture would be there. Not just 3 because he served there the longest, but he 4 was everything a leader should be. 5 And I am truly grateful for the 6 experience of working with him, but more 7 grateful for the fact that I could call Warren 8 Anderson a friend. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Padavan. 12 SENATOR PADAVAN: Thank you, 13 Mr. President. 14 I appreciate very much the 15 experiences and anecdotes that have been 16 shared with us by Senator Bruno and Senator 17 Libous and Senator Stachowski. And of course 18 I have my own. 19 It's a fact, without any doubt, 20 that I would not be here in the Senate were it 21 not for Warren Anderson. When I first 22 considered running for the Senate against an 23 incumbent, there were others who had similar 24 ideas. And there was a difficult decision to 25 be made. Some folks down in the city thought

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(518) 371-8910 1 I was too liberal. How they could come to 2 that conclusion I can't imagine, but they did. 3 And at some point we were summoned 4 to Albany, and the meeting was with Senator 5 Anderson. He was not Majority Leader; this 6 was in 1972. But he was acting as Majority 7 Leader because the incumbent was incapacitated 8 over an extended period of time, a gentleman 9 by the name of Earl Brydges. 10 As a result of that meeting, he 11 made a decision, and his decision was that I 12 would be the candidate. And that decision, of 13 course, had to be confirmed and involved many 14 other people, but it began with him. 15 Needless to say, the first vote I 16 cast as a new Senator was for Warren Anderson 17 to become Majority Leader. That was my very 18 first vote. And probably the most important 19 and significant vote I ever cast here in this 20 place. 21 Over the years, as you heard from 22 others, he became a mentor to me. Only a 23 couple of years -- or even less -- after my 24 election, we went headlong into something that 25 the Majority Leader mentioned before, commonly

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(518) 371-8910 1 referred to as the fiscal crisis of the City 2 of New York. 3 As a new junior Senator, this was a 4 very, very traumatic time for me, because 5 very, very difficult decisions had to be made. 6 There were seven Senators in the Majority 7 representing different parts of the City of 8 New York, and I was the most junior member of 9 that group. There was hardly a week that went 10 by -- during the session and into the summer 11 and the fall, we met on and off all year, in 12 '75, '76, and even before -- that we were not 13 in Senator Anderson's office talking about the 14 things that had to be done. 15 Not all those things were very 16 popular. We were called the "Seven Dwarfs" by 17 some people, and others called us the "Seven 18 Rocks of Granite" by virtue of what we decided 19 together that we had to do. 20 The result of it all is history -- 21 the Municipal Assistance Corporation, the 22 Environmental Control Board, guarantees for 23 bonds to bail the city out from the federal 24 government, a whole host of things, each of 25 them predicated upon actions that had to be

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(518) 371-8910 1 taken by this house and this Legislature. And 2 the man at the front of all of that was Warren 3 Anderson. 4 So when Senator Bruno tells you, as 5 he did so well earlier, that he was committed 6 to seeing that the City of New York 7 survived -- not only just survived, but would 8 be transformed so that it could move forward, 9 as it did. And we were all part of that. But 10 if it were not for his determination, I don't 11 think it would have happened. 12 Now, in the process, as you also 13 heard, he had the ability to work -- there 14 were a number of Governors during his tenure: 15 Rockefeller, Wilson, Hugh Carey, and then of 16 course Mario Cuomo. And despite the fact that 17 they were not always of his party, they had a 18 great deal of respect for him and would most 19 of the time accede to what he felt was the 20 right thing to do. 21 Senator Farley mentioned his 22 relationship with the Speaker of the Assembly. 23 Stanley Fink viewed Warren Anderson not as an 24 adversary but as a partner. There was a 25 mutual respect. And when you consider the

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(518) 371-8910 1 vastly different places from which they came, 2 it was quite unique. But really delightful to 3 observe. 4 We had a personal relationship, as 5 did many of you. I enjoyed it when he came 6 down to the city and my wife and I would have 7 dinner with he and Eleanor, and the visits we 8 did at his little lake cottage up in Delaware 9 County. 10 And I would say to you that during 11 those years that Warren Anderson served here 12 in this chamber and that I had the pleasure of 13 working with him and being with him and 14 considering him a friend and a mentor, those 15 were perhaps the best times during my tenure. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Connor. 19 SENATOR CONNOR: Thank you, 20 Mr. President. 21 You know, Mr. President, that 22 jacket we saw wasn't the only one. Andy had a 23 whole collection of wild sport coats. And my 24 colleagues who were here will remember he had 25 a few teasers, too. We'd be here wondering

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(518) 371-8910 1 which was the last day of session, and he'd 2 come out in a sport coat, you know, just a 3 plain orange sport coat. You'd think, that's 4 pretty wild. And we'd have debates about was 5 that good enough to be the closer. And of 6 course it wasn't, it was just a tease. 7 Those last days, by the way -- a 8 few years ago, in a little spat, we had a 9 closed call of the house, and members were 10 going, What's that? We closed session, and 11 probably the last four or five days of the 12 session, in closed call of the house. That 13 meant all the members had to here. Talk about 14 empty seat voting. That was the rule then. 15 But you had to be in the chambers, 16 the doors were locked, and you had to have a 17 sergeant-at-arms escort you to the restroom if 18 you wanted to leave. And we got a lot of work 19 done, because we were all here. And that's 20 the way he ran the house. 21 But it was a far less partisan, as 22 I've said before, house the way it was run. I 23 first got here, my first session in the 24 Minority, I passed 20 bills. Because Senator 25 Warren Anderson's instructions to his counsels

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(518) 371-8910 1 and his guidance to the committee chairs was 2 we will do any bill on the merits. 3 Now, that didn't mean a Democrat 4 could pass a bill that flew in the face of 5 Republican philosophical differences that we 6 had. But if you had a bill that was just a 7 good idea to help the people of the State of 8 New York, nobody stole your bill. You 9 negotiated with the committee chair, the bill 10 came out -- it wasn't all the last week of 11 session, either. Democratic bills came out 12 every week, and they passed. 13 The other thing Warren Anderson 14 would do is he governed. He governed, and he 15 did what needed to be done for the state. And 16 he did it many times a bill -- almost always a 17 budget -- that he had to negotiate with a 18 Democratic speaker and Democratic Governor 19 would come to this floor, and he'd have 12 or 20 15 votes on that side of the aisle, and he'd 21 get the rest of the votes from this side of 22 the aisle. 23 Other bills that were closer, or 24 short a few votes, Senator Anderson would chat 25 with Democratic members on the merits of the

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(518) 371-8910 1 bill and get the votes needed to pass the 2 bill. 3 It was a much more collegial house, 4 less partisan. We had annual dinners, annual 5 black-tie dinners for all the members. Then 6 for a couple of years they got skipped, and 7 things were getting a little heated on the 8 floor. And I remember Warren Anderson called 9 Senator Ohrenstein and said, "You know, the 10 members are getting a little testy with each 11 other. Let's have a Senate dinner again." 12 And we all went out together. As we did 13 frequently anyway in less formal 14 circumstances. 15 My first year here, Senator 16 Anderson put a bill out -- I was ranking on 17 the Civil Service and Pensions Committee. 18 Actually, for the first 16 years I was here. 19 But the first year I was here, ranker -- he 20 put a bill out to amend the Taylor Law in a 21 more progressive way. I forget the specifics 22 of that bill. 23 The chair of Civil Service and 24 Pensions was Senator Dick Schermerhorn. He 25 sat in the very chair that Senator Padavan is

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(518) 371-8910 1 in right now. And he was opposed to this 2 bill, and he debated against the bill. And I 3 debated back in favor of the bill. And after 4 my speech, I sat down -- I sat up there -- and 5 a sergeant-at-arms came over to me, tapped me 6 on the shoulder and said, "Senator Connor, you 7 have a phone call." 8 Now, in those days we had two 9 little tables with a phone each on them back 10 in each fireplace. A little disruptive, but 11 the members could make the phone calls from 12 there. Which of course made being locked in 13 here bearable, because while you couldn't 14 leave, you could talk to the outside world. 15 And I got on the phone, and a very 16 familiar voice said: "Hello, Senator Connor." 17 I said, "Senator Anderson?" He said: "Yeah. 18 Just because I'm not out there, I want you to 19 know I'm always listening and watching, and I 20 was listening on the box, and I want you to 21 know that I agree with you and not with my 22 committee chair on that bill." 23 That's the kind of remarkable way 24 that he ran this house. It was on the merits. 25 And of course there was no retribution. His

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(518) 371-8910 1 committee chair was free to express his views 2 as well. 3 But I was here a few months, and we 4 had the first Senate Club dinner from when I 5 was here, and Andy came over to me and put his 6 arm around my shoulder and he said, "You know, 7 Marty, why don't you join us? You really 8 should be a Republican." 9 Now, this is because, remember, the 10 area I'm from in Brooklyn was solid Republican 11 in the 1930s and '40s and '50s, but by the end 12 of the '60s -- and by the way, I should 13 describe myself back then. My hair was well 14 over my ears, I had a big droopy moustache. 15 You know, we were the '60s kids starting to 16 take seats in the Senate in our very early 17 thirties. 18 And I said to him -- and he also 19 made a reference to the fact that I had worked 20 at a big Wall Street law firm, so he thought I 21 should be one of them. And I said, "Senator, 22 have you looked at my district?" He thought a 23 minute and he said, "Yeah, I guess you 24 couldn't win that." 25 But Senator Bruno alluded to an

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(518) 371-8910 1 election -- I was on the campaign committee 2 then, and Senator Bruno is absolutely right. 3 Our polls showed Senator Bruno losing a month 4 before the election and three weeks before the 5 election, losing badly to a former 6 Congressman. And he won. And now I've just 7 learned why; because Senator Anderson stuck 8 with him. 9 I first met Senator Libous when I 10 went to Binghamton to count votes. Senator 11 Anderson was very wise and very astute 12 politically in picking this hardworking, 13 hard-charging, savvy 35-year-old, I guess he 14 was then, to run for the seat. Because our 15 candidate was the elder John Burns, an elder 16 statesman of the Democratic Party -- I guess 17 he was 70 then -- but he had been the state 18 chair and obviously was a prominent citizen of 19 the Binghamton area. 20 And I think Election Night, on the 21 machines, I think John Burns was ahead. But 22 Senator Libous won it on the paper ballots and 23 absentees, which he'd obviously very carefully 24 worked, as we know we should do. 25 I went out there to do the recount

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(518) 371-8910 1 for John Burns. And I guess I was in 2 Binghamton three or four nights, five nights, 3 while we counted votes in Norwich and Owego 4 and in Binghamton. And Senator Libous 5 prevailed. 6 Now, remember, Senator Anderson had 7 announced his retirement, but he was still was 8 the Majority Leader. And we did have a 9 session that December, just a couple of weeks 10 later, actually. A week later, I think, 11 because that went on through November. 12 And he called me over and he said: 13 "Marty, I'm really mad at you." I said: 14 "Why? For doing that recount?" He said: 15 "No, for staying four or five nights in a 16 hotel in Binghamton and never calling me up 17 and coming and having dinner with me." That's 18 the kind of person Warren Anderson was. 19 I just think of incredible 20 occasions when he was, for us younger members, 21 not just our Majority Leader but he was very 22 much a father figure. Not just to the younger 23 Republican members, but to the younger 24 Democratic members. He lived and breathed 25 this institution. His father had served

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(518) 371-8910 1 before him. 2 And when I look around this 3 chamber, newer members say to me, Oh, the 4 stonework isn't finished on some of these 5 cornices up here. And I say, Well, it was 6 far, far more unfinished until Senator 7 Anderson got the lintels carved over these 8 doorways. Based on the original plans. 9 And he led the effort to raise 10 private funds to restore these light fixtures. 11 These are replicas of the original light 12 fixtures, which had long before been destroyed 13 and they put a grate up there. 14 So this chamber that we serve in, 15 if you look at old pictures -- including the 16 carpeting, even. This carpeting was 17 custom-made based on a picture of how the 18 Senate chamber was originally. When I first 19 got here, there was some red carpeting with 20 state seals on it or something. 21 He very much loved this chamber, 22 and he was very proud of the fact that they 23 never got all of the stonework done. They had 24 to import stonecutters to do it. They 25 certainly never carved the fireplaces the way

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(518) 371-8910 1 these original plans had shown. But this 2 beautiful chamber in which we served has been 3 restored to what it is, and that was done 4 through the leadership of Warren Anderson. 5 So I certainly can't think of the 6 New York State Senate as an institution 7 without thinking of Warren Anderson, what he 8 meant to this institution and what he meant to 9 the people of the State of New York in all the 10 things he did, including my own city, saving 11 that city. 12 They were in session 11 months that 13 year. There was a crisis. Sometimes they 14 were called back later in the week after 15 having gone home because someone discovered 16 some other thing was going to go into default 17 if they didn't pass legislation. And he'd get 18 everybody back. 19 But you felt, with Warren Anderson, 20 he would always hear you out. His 21 instructions to his senior staff was to hear 22 you out. Democratic or Republican, you could 23 pitch for your bill, you could pitch for your 24 viewpoint. And sometimes they even said yes. 25 More often they said yes, but amend it. But

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(518) 371-8910 1 eventually, if you had a good idea, it came to 2 fruition in legislation. 3 So certainly my condolences go out 4 to Warren Anderson's family. And I can only 5 say that I'm a far better person and a far 6 better legislator for having served under 7 Warren Anderson and for having often taken his 8 advice and guidance and counsel. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MORAHAN: 11 Senator Winner. 12 SENATOR WINNER: Thank you, 13 Mr. President. 14 You know, I'm very humbled to be 15 able to even stand up here and to be able to 16 pay a tribute to Warren Anderson. It's really 17 amazing that I'm actually here as a Senator 18 and be able to speak, you know, of a person 19 who would have been a colleague had I been 20 serving in this Senate with him at that time. 21 But, you know, he was obviously a giant of man 22 that clearly I have had a lot of past 23 experience with. 24 And, you know, it's hard to talk 25 about these kinds of -- make these kind of

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(518) 371-8910 1 tributes without -- you don't want to make it 2 sort of about me. It's not about me, it's 3 about him. But a lot of what about him is the 4 impact he had on me and on my career and my 5 life, and it was extraordinary. 6 For those of you probably don't 7 know, I was a sort of a ne'er-do-well college 8 graduate in 1971 who moved to Albany and 9 really didn't have a whole lot to do, waiting 10 to see what I was going to do about law 11 school. And my father at that time suggested, 12 "You know, it might be a good idea if you get 13 a job." And, you know, I thought that was 14 kind of an unreasonable requirement on his 15 part. 16 But at the same time, he said, 17 "There's this place called the Legislature, 18 and why don't you see if you can get a job 19 there?" I said, "What's the Legislature?" I 20 really had very little familiarity with that, 21 fresh out of St. Lawrence University. 22 But my mother, who had a very 23 long-standing relationship with Senator 24 Anderson growing up as a young woman in 25 Binghamton -- and her family and the Anderson

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(518) 371-8910 1 family clearly were very good friends and 2 neighbors and whatever -- she said, "Let me 3 call my friend Andy and see if he won't take 4 pity on you and get you a job." 5 So Andy called Cadillac Smith, and 6 in December of 1971 I got hired, and the rest 7 is history. And here I am. 8 And, you know, I've been very 9 blessed to be able to be associated with Andy 10 over those years. And when I worked in the 11 Senate for all those years with Cadillac and 12 was always in awe of all of the work that 13 Warren Anderson did for many of those years. 14 And I even remember Senator Farley coming in 15 and trying to beg favors with Cadillac and 16 talking about Warren Anderson and whatever as 17 a young staffer. 18 But Warren helped me run for the 19 Assembly the first time in 1978, and I served 20 in the Assembly and shared Tioga County with 21 him as the Senator and also Chemung County 22 with Cadillac Smith. And so, you know, I had 23 it pretty good. I got the Majority Leader and 24 the Deputy Majority Leader taking care of my 25 district; I didn't have a whole lot to do.

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(518) 371-8910 1 They certainly were able to do that. 2 So it was really unbelievable to 3 watch him take care of his blessed Southern 4 Tier, and what I have been privileged to 5 represent now, and spent a lot of time -- he 6 gave me a lot of guidance, a lot of advice, 7 and was a very, very dedicated Senator as we 8 all know and you have all pointed out. 9 You know, a couple of people stole 10 a little bit of the thunder. Senator 11 Stachowski, you know, made reference to the 12 fact that Warren was such a tremendous Colgate 13 University booster. Helped get my daughter in 14 there, my oldest daughter, which I was very 15 grateful. And she did well. But he would 16 always, always talk to you about what he 17 really -- the affection that he had for 18 Colgate University and all the great things he 19 did for Colgate University. 20 And my uncle, I believe, was one of 21 his roommates there, and he would always -- I 22 would always be able to share that personal 23 relationship with Andy directly related to my 24 own family. 25 And as Senator Connor pointed out,

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(518) 371-8910 1 this place that I'm in awe of every time I 2 come in here was largely done as a result of 3 his overseeing and tutelage. And it is 4 probably the most impressive legislative 5 chamber in the entire world, and Warren 6 Anderson is responsible for making it that. 7 And so I too join in this tribute 8 to Warren Anderson, a great man. And, you 9 know, I thank him every day I drive up that 10 88, like Senator Libous does, because it saves 11 a great daily of time off my life every time 12 I'm able to take that highway. 13 But he was a great man, a great 14 statesman, a great leader and a great advocate 15 for the Southern Tier. And my condolences to 16 his family. And I am just so privileged and 17 humble to be able to have been associated with 18 him for my entire career. 19 Thank you. 20 ACTING PRESIDENT MORAHAN: 21 Senator Larkin. 22 SENATOR LARKIN: Thank you, 23 Mr. President. 24 During '73, '74, and '75 I worked 25 here when George worked here and Senator

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(518) 371-8910 1 LaValle worked for Leon Giuffreda. Right, 2 George? John was working for you, Senator 3 Padavan. 4 And, you know, one of the things we 5 see around here today, the messenger service 6 that we have here -- you know, in '73 we still 7 weren't over in the new building, we were all 8 in here. We moved over there. And the 9 messenger service that we have today was from 10 Warren Anderson. 11 There was a young man that worked 12 here, his name was Tony Russo. Tom, you 13 remember him. And Warren Anderson told about 14 four or five of us together -- and he for some 15 reason took a liking to me. He said, "You're 16 an Army colonel, you ought to know how to 17 organize." 18 What are we going to do? How are 19 we going to do this? And Warren Anderson 20 said: "Here is a group of individuals that 21 have nothing to do to occupy their mind. 22 Let's do something positive. Let's get them." 23 I was just talking to Tom Libous, 24 and he said that one of the messenger members 25 here has been here 30 years working for the

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(518) 371-8910 1 Senate. 2 What would have happened to those 3 young individuals if they had nothing in life 4 to do? Here they have a mission, they have a 5 job, they have some responsibilities, they've 6 turned their whole life around where they're 7 independent living and doing things that are 8 positive. But, you know, that was Warren 9 Anderson. 10 I remember the first time he called 11 me and said, you know, "I'd like to go to West 12 Point." And, you know, Warren Anderson was an 13 Army officer in World War II. He was an 14 infantry officer and then became a JAG 15 officer. He got up to West Point, somebody 16 stopped him at the gate. He was in the car 17 behind me, and he had "Senate 1." And they 18 said, That doesn't show anything. 19 Now I'm getting scared, I go to get 20 out of my car and get back to his. And the 21 young sergeant said, "Who is he?" I said, 22 "He's a retired colonel." He said, "Sir, get 23 back in your car and get going." Warren 24 Anderson walked up and he said, "What do I owe 25 the guy?" I said, "A salute. That's about

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(518) 371-8910 1 all you owe him." He had a great respect for 2 his country. 3 And, you know, I remember when we 4 were talking about Stewart in 1982. When he 5 come down there, he didn't want to talk to the 6 politicians, he wanted to talk to the people 7 who were going to have to live under the 8 conditions of whatever we did at the airport. 9 And he didn't promise anybody anything big. 10 He had ideas. 11 And he said, "I think you people 12 are making a mistake. You ought to make this 13 an authority." And guess what? Here we are 14 25 years later, we're now going to have the 15 Port Authority take over Stewart Airport. 16 Anderson was always thinking ahead 17 of the game. Anderson thought of the people. 18 The little I had to do with him, I was 19 impressed with the way he did things because 20 he listened to you instead of just said "send 21 me a memo." He always wanted to see you in 22 person. 23 I had a relationship with him 24 because he had a good concern for the 25 military. Warren Anderson was a dedicated

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(518) 371-8910 1 public servant. 2 Those of us who knew him, he 3 treated the staff -- and I think Senator 4 Padavan will say that, he treated the staff 5 just as nice and kind as he did the members. 6 Because he realized one thing: without key 7 staff and their input, we wouldn't be as 8 efficient as we are. 9 May God bless his soul. 10 ACTING PRESIDENT MORAHAN: Thank 11 you, Senator. 12 Senator Oppenheimer. 13 SENATOR OPPENHEIMER: Thank you, 14 Mr. President. 15 A lot of what I was going to say I 16 have already heard said, so I will just touch 17 on some of the important things that attracted 18 me so to this gentle man. And he was one of 19 the most gentle men I have ever met. 20 His kindness to everyone, as was 21 just mentioned, from the littlest person to 22 the most significant person, to the 23 Governor -- he treated everybody very equally 24 and very kindly. He was a great listener. So 25 even when I had a problem -- and after all, I

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(518) 371-8910 1 was of the other party -- he was interested in 2 hearing my opinion. And he listened 3 carefully, and his eyes were attached at you, 4 on you, the entire time. 5 I could not say, like Senator 6 Bruno, Senator Libous and Senator Padavan, 7 that I would not be here were it not for 8 Senator Anderson. Indeed, the contrary. He 9 tried his very hardest not to have me be here. 10 But once I was here, he was certainly very 11 generous with his time and his words. 12 The thing that struck me the most 13 about Andy, I would say, is his great love for 14 the Senate, for the body. Political, neither 15 Democrat nor Republican, but the Senate as an 16 institution in and of itself. And I think 17 that's what made him so motivated to be 18 bipartisan and to listen to everyone, because 19 the institution meant more to him than any 20 political issue or any political party. 21 In thinking about his 22 bipartisanship, I remember we had a softball 23 team that was mentioned earlier. And normally 24 the Senate softball team would play the 25 Assembly softball team as the last thing at

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(518) 371-8910 1 the end of our leagues. We would have six or 2 seven different softball games. 3 At any rate, so this one year we 4 managed somehow to beat the Assembly. That 5 was not common. Normally the Assembly 6 softball team just wiped us up. So this huge 7 trophy was brought into the chamber, and 8 Senator Anderson said: "I really don't feel 9 that I deserve this trophy, but I do believe 10 that the pitcher for our Senate softball team 11 deserves the trophy. And with that, Senator 12 Suzi Oppenheimer, would you please come up 13 here and accept this trophy?" 14 The trophy was as big as me. But 15 it was quite a tribute to a man who saw us as 16 a single body and important that we maintain 17 that thinking. 18 And as far as outlandish jackets, 19 when that last outlandish jacket came on the 20 floor, we all knew session was over. Forget 21 your bills, whatever you thought you were 22 going to pass, you're not going to pass any 23 more, things are over, it's finished and 24 goodbye. 25 And so in saying goodbye to Warren

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(518) 371-8910 1 Anderson, I can only think of how important he 2 was to this chamber, and in many ways 3 important to all of us, and motivating us to 4 be the best we can in a way that is important 5 to this chamber and maybe less important to 6 our individual parties. 7 Thank you. 8 ACTING PRESIDENT MORAHAN: Thank 9 you, Senator. 10 Senator Maltese. 11 SENATOR MALTESE: Of course I 12 want to echo a great deal of what my 13 colleagues have expressed. 14 Certainly he was one of our 15 predecessors that the term "courtly gentleman" 16 fit to a tee. There are Senators and public 17 officials, elected officials that fit that 18 category, but I could think instantly of 19 three: Warren Anderson, Malcolm Wilson, and 20 John Marchi. 21 I know that my colleague Senator 22 Padavan spoke about Senator Anderson clearing 23 the fact that he was not too liberal in 1972. 24 But I was at the time in the presidential 25 primaries in New Hampshire and Florida, and

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(518) 371-8910 1 Warren Anderson's office had called me because 2 within a three-week period the county chairmen 3 of -- the Republican county chairman of Queens 4 and the Conservative county chairman of Queens 5 had both passed away, and I was the vice 6 chairman of the Conservative Party. And he 7 called me and convinced me that Senator Frank 8 Padavan was not as liberal as some of us 9 thought. And certainly that's been borne out 10 over these many years. 11 Skipping ahead to 1988 when my 12 predecessor, my good friend Senator Knorr was 13 stepping down, it was Senator Anderson that 14 was involved with talking to me and other 15 Republicans and Conservatives in Queens and in 16 the state. And it was not an easy lift to 17 convince some that an enrolled Conservative 18 should run for a seat held by a Republican in 19 the City of New York. 20 And it was through his efforts and 21 his leadership that he convinced some others 22 and at the same time smoothed the way so that 23 I would be a member of the Senate Republican 24 conference and enabled me to run for that 25 office and then provided me with the

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(518) 371-8910 1 wherewithal to run in that race in a district 2 even at that time that was over two-to-one 3 Democratic enrollment. 4 Through the years of his leadership 5 I was executive director of the Conservative 6 Party, from the early '70s, just about the 7 time he took the Majority Leadership, until 8 '88 -- well, into '86 when I became state 9 chairman. But meeting with him during 10 sessions was a pleasure at all times. He was 11 always a gentleman. I cannot recollect, no 12 matter how hard I try at times, that there was 13 a cross word or even a disagreement. 14 Certainly on some ideological 15 grounds, time and again, there were some 16 differences between the Conservative Party and 17 the Republican Party and he smoothed them over 18 with finesse and made us feel very happy to 19 deal with him. And as a result, through the 20 years, many, many Republicans won only by 21 virtue of their Conservative endorsement and 22 because of Senator Anderson and his sense of 23 leadership and congeniality and comradeship. 24 He was a steadying influence on the 25 Republican Party, certainly in the State of

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(518) 371-8910 1 New York. He was a gentleman at all times. 2 He was a leader. He was a friend, he was a 3 mentor, no question about that. I will miss 4 him. 5 He is an absolutely critical part 6 of the legacy of the State Senate, the legacy 7 of this chamber, and is what enables us to 8 call it an august house. He will be sorely 9 missed by all of us. 10 ACTING PRESIDENT LARKIN: Thank 11 you, Senator. 12 Senator Montgomery. 13 SENATOR MONTGOMERY: Thank you, 14 Mr. President. I just rise to also echo what 15 my colleagues have said. 16 And for me personally and for my 17 own development in terms of my political 18 profession, if you will, Senator Anderson was 19 not only the Majority Leader for the 20 Republicans but he was the Majority Leader of 21 the whole house. And I appreciate that. 22 He was a great teacher, certainly 23 for me, in how he practiced his statesmanship. 24 He had just such a great respect for our 25 institution and believed and actually made it

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(518) 371-8910 1 possible for each of us to be able to 2 participate. Because I think he believed that 3 there was a role for each of us to play 4 despite our party affiliation. 5 And so being in the minority party, 6 as well as being a minority, and being a 7 woman, he still made it possible for me to 8 have bills passed in this house that were 9 important to my constituents as well as people 10 across the state. 11 Every session, when we left, each 12 of us had something that we had been able to 13 accomplish. And I think that was because he 14 believed that it was important for all of us 15 to feel a part of this institution and to be 16 able to play a role. So we were not 17 essentially penalized for who we were, but we 18 were invited and allowed to participate in 19 some way meaningful to us. 20 And so I will -- I have missed him 21 over the years since he left the Senate. And 22 certainly I think that we all owe a very major 23 debt of gratitude for the bar that he set as a 24 leader in this house and in this state. And 25 so I rise to honor him as my leader, and my

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(518) 371-8910 1 condolences go out to his family as well. 2 Thank you, Mr. President. 3 ACTING PRESIDENT LARKIN: Thank 4 you, Senator Montgomery. 5 The question is on the resolution. 6 All in favor signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT LARKIN: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT LARKIN: The 12 resolution is adopted. 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. 16 I believe there's another 17 resolution at the desk, by Senator Golden, 18 Number 2662. Could we have its title read and 19 adopt it, please. 20 ACTING PRESIDENT LARKIN: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Golden, Legislative Resolution Number 2662, 24 commending Saint Columba Roman Catholic Church 25 of Brooklyn, New York, upon the occasion of

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(518) 371-8910 1 its Gala 40th Anniversary Mass and Dinner 2 Dance on June 9, 2007. 3 ACTING PRESIDENT LARKIN: On the 4 resolution, all in favor signify by saying 5 aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT LARKIN: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT LARKIN: The 11 resolution is adopted. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, 14 would you please recognize Senator Alesi. 15 ACTING PRESIDENT LARKIN: Senator 16 Alesi. 17 SENATOR ALESI: Mr. President, I 18 wish to call up a bill, Print Number 3814A, 19 recalled from the Assembly, which is now at 20 the desk. 21 ACTING PRESIDENT LARKIN: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 630, by Senator Little, Senate Print 3814A, an 25 act to amend the General Business Law.

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(518) 371-8910 1 SENATOR ALESI: I now move to 2 reconsider the vote by which this bill was 3 passed. 4 ACTING PRESIDENT LARKIN: The 5 Secretary will call the roll on 6 reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 57. 9 SENATOR ALESI: I now offer the 10 following amendments. 11 ACTING PRESIDENT LARKIN: The 12 amendments are received. 13 SENATOR ALESI: Mr. President, 14 would you call up Print Number 423, recalled 15 from the Assembly, which is now at the desk. 16 ACTING PRESIDENT LARKIN: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 594, by Senator Larkin, Senate Print 423, an 20 act to amend the Education Law. 21 SENATOR ALESI: I now move to 22 reconsider the vote by which the bill was 23 passed. 24 ACTING PRESIDENT LARKIN: Call 25 the roll on reconsideration.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 SENATOR ALESI: I now offer the 4 following amendments. 5 ACTING PRESIDENT LARKIN: The 6 amendments are received. 7 SENATOR ALESI: Mr. President, on 8 page number 34 I offer the following 9 amendments to Calendar Number 937, Senate 10 Print Number 583, and ask that said bill 11 retain its place on Third Reading Calendar. 12 ACTING PRESIDENT LARKIN: The 13 amendments are received, and the bill will 14 retain its place on Third Reading Calendar. 15 SENATOR ALESI: Thank you, 16 Mr. President. 17 On page number 63 I offer the 18 following amendments to Calendar Number 1402, 19 Senate Print Number 5744, and ask that said 20 bill retain its place on Third Reading 21 Calendar. 22 ACTING PRESIDENT LARKIN: The 23 amendments are received, and the bill will 24 retain its place on Third Reading Calendar. 25 Senator Libous.

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(518) 371-8910 1 SENATOR LIBOUS: Mr. President, 2 are there any substitutions at the desk? 3 ACTING PRESIDENT LARKIN: There 4 is one. 5 SENATOR LIBOUS: Could it be 6 read, please. 7 ACTING PRESIDENT LARKIN: The 8 Secretary will read. 9 THE SECRETARY: On page 58, 10 Senator Padavan moves to discharge, from the 11 Committee on Rules, Assembly Bill Number 4138A 12 and substitute it for the identical Senate 13 Bill Number 4634A, Third Reading Calendar 14 1330. 15 ACTING PRESIDENT LARKIN: 16 Substitution ordered. 17 Senator Libous. 18 SENATOR LIBOUS: Mr. President, 19 could we please return to the reports of 20 standing committees. 21 I believe there is a report from 22 the Rules Committee at the desk. And could we 23 have it read and accepted, please. 24 ACTING PRESIDENT LARKIN: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Senator Bruno, 2 from the Committee on Rules, reports the 3 following bills: 4 Senate Print 425, by Senator 5 Larkin, an act to amend the Tax Law; 6 1283, by Senator Maziarz, an act in 7 relation to adjusted valuation; 8 1449, by Senator Nozzolio, an act 9 to amend the Criminal Procedure Law; 10 1542, by Senator Fuschillo, an act 11 to amend the Penal Law; 12 1762, by Senator Rath, an act to 13 create; 14 1884A, by Senator Maziarz, an act 15 to allow; 16 2153, by Senator Libous, an act to 17 amend the State Finance Law; 18 2180A, by Senator Seward, an act to 19 amend the Vehicle and Traffic Law; 20 2366, by Senator Winner, an act to 21 amend the Tax Law; 22 2368, by Senator C. Kruger, an act 23 to amend the Vehicle and Traffic Law; 24 2421, by Senator DeFrancisco, an 25 act to amend the Penal Law;

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(518) 371-8910 1 2894, by Senator Larkin, an act to 2 amend the Criminal Procedure Law; 3 2935, by Senator Marcellino, an act 4 to require; 5 3049, by Senator Trunzo, an act to 6 amend the Education Law; 7 3235, by Senator Winner, an act to 8 amend the New York State Urban Development 9 Corporation Act; 10 3430, by Senator Skelos, an act to 11 amend the Tax Law; 12 3529A, by Senator Padavan, an act 13 to amend the Agriculture and Markets Law; 14 3575A, by Senator Farley, an act to 15 amend the New York State Urban Development 16 Corporation Act; 17 3576, by Senator Lanza, an act to 18 amend the Tax Law; 19 3751, by Senator Wright, an act to 20 amend the Environmental Conservation Law; 21 3849, by Senator Flanagan, an act 22 to amend the Economic Development Law; 23 4024, by Senator Rath, an act to 24 amend the Criminal Procedure Law; 25 4092, by Senator Oppenheimer, an

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(518) 371-8910 1 act relating to the term of office of mayor 2 and trustee; 3 4245, by Senator Volker, an act to 4 amend the Civil Practice Law and Rules; 5 4269A, by Senator Golden, an act to 6 amend the Penal Law; 7 4709, by Senator Farley, an act to 8 amend the State Finance Law; 9 And Senate Print 4854, by Senator 10 LaValle, an act to amend the Real Property Tax 11 Law. 12 All bills ordered direct to third 13 reading. 14 ACTING PRESIDENT LARKIN: Senator 15 Libous. 16 SENATOR LIBOUS: I move to accept 17 the Rules report, Mr. President. 18 ACTING PRESIDENT LARKIN: All in 19 favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT LARKIN: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT LARKIN: The 25 Rules report is accepted.

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(518) 371-8910 1 SENATOR LIBOUS: Mr. President, 2 could we have the noncontroversial reading of 3 the calendar for today, please. 4 ACTING PRESIDENT LARKIN: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 95, by Senator Saland, Senate Print 1147A, an 8 act to amend Chapter 698 of the Laws of 1996. 9 ACTING PRESIDENT LARKIN: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LARKIN: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT LARKIN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 118, by Senator Little, Senate Print 1129A, an 21 act to amend the Town Law. 22 ACTING PRESIDENT LARKIN: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LARKIN: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT LARKIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 121, by Senator Maziarz, Senate Print 948B, an 9 act to amend the Labor Law. 10 ACTING PRESIDENT LARKIN: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LARKIN: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 ACTING PRESIDENT LARKIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 142, by Senator Bonacic, Senate Print -- 22 SENATOR LIBOUS: Lay that aside 23 for the day, please. 24 ACTING PRESIDENT LARKIN: The 25 bill is laid aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 146, by Senator Farley, Senate Print 1593, an 3 act to amend the Environmental Conservation 4 Law. 5 ACTING PRESIDENT LARKIN: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LARKIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 ACTING PRESIDENT LARKIN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 222, by Senator Nozzolio, Senate Print 1454, 17 an act to amend the Correction Law. 18 ACTING PRESIDENT LARKIN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LARKIN: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 222 are 2 Senators Duane, Hassell-Thompson, Montgomery 3 and Perkins. 4 Ayes, 54. Nays, 4. 5 ACTING PRESIDENT LARKIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 266, by Senator Golden, Senate Print 2818A, an 9 act to amend the Real Property Tax Law. 10 ACTING PRESIDENT LARKIN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LARKIN: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 ACTING PRESIDENT LARKIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 417, by Senator Flanagan, Senate Print 3188, 22 an act to amend the Election Law. 23 ACTING PRESIDENT LARKIN: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LARKIN: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 ACTING PRESIDENT LARKIN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 472, by Senator Golden, Senate Print 1149, an 10 act to amend the Vehicle and Traffic Law. 11 ACTING PRESIDENT ALESI: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT ALESI: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. Nays, 19 1. Senator Montgomery recorded in the 20 negative. 21 ACTING PRESIDENT ALESI: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 479, by Senator DeFrancisco, Senate Print 25 2741A, an act to amend the General Business

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(518) 371-8910 1 Law and the Penal Law. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 9. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT ALESI: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT ALESI: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 488, by Senator Winner, Senate Print 1715, an 15 act to amend the General Obligations Law. 16 ACTING PRESIDENT ALESI: Read the 17 last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT ALESI: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 488 are 25 Senators Hassell-Thompson, Huntley,

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(518) 371-8910 1 Montgomery, Onorato, Perkins, Serrano and 2 Stewart-Cousins. Also Senator L. Krueger. 3 Ayes, 50. Nays, 8. 4 ACTING PRESIDENT ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 700, by Senator Seward, Senate Print 2645, an 8 act to amend the Insurance Law. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT ALESI: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 739, by Senator C. Kruger, Senate Print 4962, 21 an act to amend the Social Services Law and 22 others. 23 ACTING PRESIDENT ALESI: Read the 24 last section. 25 THE SECRETARY: Section 7. This

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(518) 371-8910 1 act shall take effect on the 120th day. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 ACTING PRESIDENT ALESI: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 770, by Senator DeFrancisco, Senate Print -- 10 SENATOR LIBOUS: Lay it aside 11 temporarily, please. 12 ACTING PRESIDENT ALESI: The bill 13 is laid aside temporarily. 14 THE SECRETARY: Calendar Number 15 776, by Senator Bonacic, Senate Print 4258, an 16 act to amend the Highway Law. 17 ACTING PRESIDENT ALESI: Read the 18 last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ALESI: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT ALESI: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 779, by Senator Griffo, Senate Print 4785, an 4 act to amend the Civil Service Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 ACTING PRESIDENT ALESI: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 806, by Senator Fuschillo, Senate Print 3541A, 17 an act to authorize Hands Across Long Island, 18 Inc. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT ALESI: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. 2 Nays 2. Senators Bonacic and Larkin recorded 3 in the negative. 4 ACTING PRESIDENT ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 815, by Senator Flanagan, Senate Print 3847, 8 an act to amend the Public Authorities Law. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT ALESI: Senator 17 Perkins, to explain his vote. 18 SENATOR PERKINS: Thank you very 19 much, Mr. President. 20 I just wanted to point out that 21 this bill, the provisions of this bill were 22 voted on I believe last week in a more 23 comprehensive bill sponsored by Senator 24 Flanagan. So this provision has already been 25 voted on.

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(518) 371-8910 1 And at that time I voted against 2 that bill because it failed to include certain 3 provisions that were previously discussed in 4 our negotiations, including the MWBE 5 provisions, the prevailing wage provisions, 6 and provisions to guarantee that the voice and 7 opinion of the minority conferences would be 8 kept into the record during the PACB. 9 So I just want to continue to be 10 concerned about that even as I am supporting 11 this particular bill because of its more 12 limited aspect. And in fact, you know, I 13 think it is a step in the right direction, 14 again, for reform of the public authorities. 15 So I just want to go on record in support of 16 it. 17 Thank you. 18 ACTING PRESIDENT ALESI: Senator 19 Perkins will be recorded in the affirmative. 20 Senator Stachowski, to explain his 21 vote. 22 SENATOR STACHOWSKI: To explain 23 my vote. 24 I voted for Senator Flanagan's bill 25 to try to get the process moving and get the

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(518) 371-8910 1 negotiations going on public authority reform, 2 on the next step to that. And this bill is 3 already contained in that, and I'll support 4 that also. 5 But I also must note, at the time 6 that we're passing this bill and we just 7 passed the other, that this week in Finance we 8 had a bill that creates the Railroad Public 9 Authority. 10 And it's kind of interesting, 11 because it's the same situation we find 12 ourself in oftentimes here where we do a bill 13 and say no unfunded mandates and on that same 14 calendar or the next two days' calendars there 15 will be a series of unfunded mandates. 16 So I'm just trying to figure out 17 what the direction is. And I'm going to vote 18 yes on this, but I'll be looking forward to 19 seeing that rail one come to see if we're 20 really going to do that or not. 21 You know, it's kind of interesting 22 that we don't want to do any without 23 supervision and without legislative okay, and 24 now we're going to create another one because 25 we don't have enough already.

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(518) 371-8910 1 I vote yes. 2 ACTING PRESIDENT ALESI: Senator 3 Stachowski recorded in the in the affirmative. 4 Senator Hassell-Thompson, to 5 explain her vote. 6 SENATOR HASSELL-THOMPSON: I too 7 would just rise to support this bill by 8 Senator Flanagan. 9 We have had a series of discussions 10 about public authorities. And incrementally, 11 I think, we're getting there, one bill at a 12 time. Usually I'm very impatient, but I've 13 learned in this chamber that whatever 14 incremental step we can make I'm willing to 15 take that one and accept it as such. 16 We do have to monitor, we do have 17 to keep very close vigilance as we create 18 these authorities that we're not creating 19 shadow governments that are under no one's 20 jurisdiction. 21 And so I applaud Senator Flanagan, 22 which I rarely do, but I want those of you to 23 tell him in his absence that I did. I think 24 that this was very thought-provoking and an 25 excellent step on his behalf -- on all of our

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(518) 371-8910 1 behalf in the State of New York -- and I will 2 support this bill. 3 ACTING PRESIDENT ALESI: Senator 4 Hassell-Thompson will be recorded in the 5 affirmative. 6 Announce the results. 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT ALESI: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 840, by Senator DeFrancisco, Senate Print 12 4780A, an act to amend the Family Court Act. 13 ACTING PRESIDENT ALESI: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 90th day. 17 ACTING PRESIDENT ALESI: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT ALESI: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 878, by Senator Griffo, Senate Print 4432, an 25 act to amend the Highway Law.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Read the 2 last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT ALESI: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT ALESI: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 880, by Senator Flanagan, Senate Print -- 13 SENATOR LIBOUS: Lay that bill 14 aside for the day, please. 15 ACTING PRESIDENT ALESI: The bill 16 is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 912, by Senator Morahan, Senate Print 4145, an 19 act to amend the Mental Hygiene Law and the 20 Real Property Actions and Proceedings Law. 21 ACTING PRESIDENT ALESI: Read the 22 last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 ACTING PRESIDENT ALESI: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 927, by Senator LaValle, Senate Print 5289, an 8 act to amend Chapter 672 of the Laws of 1993, 9 amending the Public Authorities Law. 10 ACTING PRESIDENT ALESI: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT ALESI: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 ACTING PRESIDENT ALESI: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 979, by Senator Seward, Senate Print 5137, an 22 act to amend the State Finance Law. 23 ACTING PRESIDENT ALESI: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect April 1, 2007. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: In relation to 6 Calendar Number 979: Ayes, 57. Nays, 1. 7 Senator Montgomery recorded in the negative. 8 ACTING PRESIDENT ALESI: The bill 9 is passed. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, 12 Calendar Number 770 was laid aside 13 temporarily. Could we call that up now, 14 please. 15 THE SECRETARY: Calendar Number 16 770, by Senator DeFrancisco, Senate Print 17 3271, an act to amend the Navigation Law, the 18 Parks, Recreation and Historic Preservation 19 Law, and the Vehicle and Traffic Law. 20 ACTING PRESIDENT ALESI: Read the 21 last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the 120th day. 24 ACTING PRESIDENT ALESI: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT ALESI: Senator 3 DeFrancisco, to explain his vote. 4 SENATOR DeFRANCISCO: Yes, this 5 bill basically provides for alcohol-related 6 offenses to be interchangeable. 7 For example, if you get a DWI in 8 the past and if you get a boating while 9 intoxicated, that prior DWI does not count as 10 a first offense and the boater who is driving 11 intoxicated is not subject to more serious 12 penalties. And the same thing is true for 13 snowmobiles as well. 14 The concept here by this bill is 15 that if you're found to be guilty of an 16 intoxication offense while operating either a 17 vehicle, a boat, a snowmobile or anything of 18 those nature, then that applies as a predicate 19 for a more serious offense the second time 20 you're found to have committed an offense 21 driving any of those vehicles. 22 The reason it's important to me, 23 last year a young woman by the name of Tiffany 24 Heitkamp in my area was killed as a passenger 25 in a boating accident. As it turned out, the

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(518) 371-8910 1 driver of that boat had been convicted of 2 prior DWIs. But because this bill was not in 3 effect as a law, this person was not charged 4 as a second offender. It was a first offense, 5 boating while intoxicated. 6 So this bill is extremely 7 important, and it's logical. And I think it's 8 something that everyone should vote for. And 9 hopefully Assembly -- and there is a companion 10 bill -- the Assembly will pass the bill as 11 well. 12 Thank you. I vote aye. 13 ACTING PRESIDENT ALESI: Senator 14 DeFrancisco will be recorded in the 15 affirmative. 16 Announce the results. 17 THE SECRETARY: Ayes, 58. Nays, 18 0. 19 ACTING PRESIDENT ALESI: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 989, by Senator Skelos, Senate Print 5196, an 23 act to amend the General Business Law. 24 ACTING PRESIDENT ALESI: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT ALESI: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT ALESI: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1002, substituted earlier today by Member of 12 the Assembly Sweeney, Assembly Print Number 13 8016, an act to amend the Environmental 14 Conservation Law and others. 15 ACTING PRESIDENT ALESI: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ALESI: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT ALESI: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1003, substituted earlier today by Member of 2 the Assembly Gunther, Assembly Print Number 3 1159, an act to amend the Environmental 4 Conservation Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 ACTING PRESIDENT ALESI: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1021, by Senator Winner, Senate Print 3819, an 17 act to amend the Tax Law. 18 ACTING PRESIDENT ALESI: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ALESI: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1054, by Senator Volker, Senate Print 4953, an 5 act to amend the Penal Law. 6 ACTING PRESIDENT ALESI: Read the 7 last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT ALESI: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1057, by Senator Volker, Senate Print 5452, an 18 act to amend the Criminal Procedure Law. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 180th day. 23 ACTING PRESIDENT ALESI: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. 2 ACTING PRESIDENT ALESI: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1071, by Senator Saland, Senate Print 1094, an 6 act to amend the Education Law. 7 ACTING PRESIDENT ALESI: Read the 8 last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect July 1. 11 ACTING PRESIDENT ALESI: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1074, by Senator Griffo, Senate Print 3657, an 19 act to amend the Education Law. 20 ACTING PRESIDENT ALESI: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ALESI: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT ALESI: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1076, by Senator Bonacic, Senate Print 4161, 7 an act in relation to transportation 8 contracts. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT ALESI: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1078, by Senator Seward, Senate Print 4790, an 21 act in relation to transportation contracts. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT ALESI: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1101, by Senator Nozzolio, Senate Print 327, 9 an act to repeal paragraph F of subdivision 4 10 of Section 209 of the Civil Service Law. 11 ACTING PRESIDENT ALESI: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT ALESI: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 ACTING PRESIDENT ALESI: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1120, by Senator Griffo, Senate Print 5482, an 23 act to amend the Social Services Law and the 24 Executive Law. 25 ACTING PRESIDENT ALESI: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT ALESI: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT ALESI: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1124, by Senator Seward, Senate Print 1657, an 12 act to amend the County Law. 13 ACTING PRESIDENT ALESI: There is 14 a local fiscal impact note at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 ACTING PRESIDENT ALESI: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1127, by Senator Young, Senate Print 3846, an

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(518) 371-8910 1 act relating to the filing of documentation. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ALESI: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1134, by Senator Skelos, Senate Print 5539, an 14 act to authorize Young Israel of Hewlett. 15 ACTING PRESIDENT ALESI: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ALESI: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. Nays, 23 2. Senators Bonacic and Larkin recorded in 24 the negative. 25 ACTING PRESIDENT ALESI: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1144, by Senator Farley, Senate Print 5345, an 4 act to amend Chapter 371 of the Laws of 1997 5 amending the Parks, Recreation and Historic 6 Preservation Law. 7 ACTING PRESIDENT ALESI: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ALESI: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1160, substituted earlier today by Member of 19 the Assembly P. Rivera, Assembly Print Number 20 6820, an act to direct the Commissioner of 21 Mental Health. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT ALESI: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1192, by Senator Larkin, Senate Print 577A, an 9 act to amend the Racing, Pari-Mutuel Wagering 10 and Breeding Law. 11 ACTING PRESIDENT ALESI: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of January. 15 ACTING PRESIDENT ALESI: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. Nays, 19 1. Senator Duane recorded in the negative. 20 ACTING PRESIDENT ALESI: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1198, by Senator Farley, Senate Print 4139, an 24 act to amend the Environmental Conservation 25 Law.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Read the 2 last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT ALESI: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT ALESI: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1239, by Senator DeFrancisco, Senate Print 13 3762, an act to amend the Criminal Procedure 14 Law. 15 ACTING PRESIDENT ALESI: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ALESI: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. Nays, 23 2. Senators Duane and L. Krueger recorded in 24 the negative. 25 ACTING PRESIDENT ALESI: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1248, by Senator Lanza, Senate Print 5617, an 4 act to amend the Penal Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 7. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT ALESI: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1249, by Senator Wright, Senate Print 5726, an 18 act to amend the Criminal Procedure Law. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT ALESI: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. Nays, 2 2. Senators Duane and L. Krueger recorded in 3 the negative. 4 ACTING PRESIDENT ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1250, by Senator Fuschillo, Senate Print 5780, 8 an act to amend the Penal Law and the Vehicle 9 and Traffic Law. 10 ACTING PRESIDENT ALESI: Read the 11 last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect on the 60th day. 14 ACTING PRESIDENT ALESI: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 ACTING PRESIDENT ALESI: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1251, by Senator Fuschillo, Senate Print 5795, 22 an act to amend the Penal Law and the Criminal 23 Procedure Law. 24 ACTING PRESIDENT ALESI: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 14. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT ALESI: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 ACTING PRESIDENT ALESI: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1259, by Senator Libous, Senate Print 4097A, 11 an act to amend the Insurance Law. 12 ACTING PRESIDENT ALESI: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT ALESI: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. 20 ACTING PRESIDENT ALESI: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1266, by Senator Lanza, Senate Print 4611A, an 24 act to amend the General Business Law. 25 ACTING PRESIDENT ALESI: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 120th day. 4 ACTING PRESIDENT ALESI: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT ALESI: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1275, by Senator Griffo, Senate Print 4619, an 12 act to amend the Parks, Recreation and 13 Historic Preservation Law. 14 ACTING PRESIDENT ALESI: Read the 15 last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 ACTING PRESIDENT ALESI: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1286, by Senator Flanagan, Senate Print 5632A,

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(518) 371-8910 1 an act to amend the Executive Law. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ALESI: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1330, substituted earlier today by Member of 14 the Assembly Scarborough, Assembly Print 15 Number 4138A, an act to amend the Social 16 Services Law. 17 ACTING PRESIDENT ALESI: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ALESI: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT ALESI: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1349, by Senator Maziarz, Senate Print 3101, 4 an act to amend the Mental Hygiene Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 60th day. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT ALESI: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1351, by Senator Winner, Senate Print 4312, an 17 act to amend the Executive Law. 18 ACTING PRESIDENT ALESI: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ALESI: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1358, by Senator Wright, Senate Print 5057, an 5 act to amend the State Finance Law. 6 ACTING PRESIDENT ALESI: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT ALESI: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1359, by Senator O. Johnson, Senate Print 18 5449, an act to amend the Executive Law. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT ALESI: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT ALESI: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1395, by Senator Nozzolio, Senate Print 5748, 6 an act to authorize the County of Cayuga. 7 ACTING PRESIDENT ALESI: There is 8 a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1425, by Senator DeFrancisco -- 20 SENATOR DUANE: Lay it aside. 21 ACTING PRESIDENT ALESI: Lay the 22 bill aside. 23 Senator Duane has rescinded his 24 lay-aside request. The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1425, by Senator DeFrancisco, Senate Print 2 3078, an act to amend the Vehicle and Traffic 3 Law. 4 ACTING PRESIDENT ALESI: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. Nays, 13 0. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1427, by Senator Marcellino. 18 SENATOR DUANE: Lay it aside. 19 ACTING PRESIDENT ALESI: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1437, by Senator Larkin, Senate Print 4497, an 23 act to direct the Commissioner of Education. 24 ACTING PRESIDENT ALESI: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT ALESI: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT ALESI: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1438, substituted earlier today by Member of 11 the Assembly Paulin, Assembly Print Number 12 8585, an act to authorize a reduced special 13 notice period. 14 ACTING PRESIDENT ALESI: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT ALESI: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1444, by Senator Maziarz, Senate Print 52, an

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(518) 371-8910 1 act to amend the Vehicle and Traffic Law. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 120th day. 6 ACTING PRESIDENT ALESI: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1446, by Senator Larkin, Senate Print 231, an 14 act to amend the Vehicle and Traffic Law. 15 ACTING PRESIDENT ALESI: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of January 19 next succeeding. 20 ACTING PRESIDENT ALESI: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT ALESI: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1447, by Senator Nozzolio, Senate Print 328, 3 an act to amend the Criminal Procedure Law. 4 ACTING PRESIDENT ALESI: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. Nays, 13 3. Senators Duane, L. Krueger and Montgomery 14 recorded in the negative. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1448, by Senator Marcellino, Senate Print 613, 19 an act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT ALESI: Read the 21 last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the first of 24 November. 25 ACTING PRESIDENT ALESI: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1449, by Senator Trunzo, Senate Print 888, an 8 act to amend the General Municipal Law. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT ALESI: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1451, by Senator Skelos, Senate Print -- 21 SENATOR DUANE: Lay it aside, 22 please. 23 ACTING PRESIDENT ALESI: Lay the 24 bill aside. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1452, by Senator Fuschillo, Senate Print 1532, 2 an act to amend the Penal Law. 3 ACTING PRESIDENT ALESI: Read the 4 last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT ALESI: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT ALESI: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1453, by Senator Libous, Senate Print 1590, an 16 act to amend the Tax Law. 17 ACTING PRESIDENT ALESI: Read the 18 last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ALESI: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT ALESI: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1454, by Senator Maziarz, Senate Print 1618A, 4 an act in relation to the initial date of 5 enrollment. 6 ACTING PRESIDENT ALESI: There is 7 a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ALESI: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1455, by Senator Robach, Senate Print 1703, an 19 act to amend the Criminal Procedure Law and 20 the Vehicle and Traffic Law. 21 ACTING PRESIDENT ALESI: Read the 22 last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 ACTING PRESIDENT ALESI: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1456, by Senator Rath, Senate Print 1757, an 8 act to amend the Penal Law. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT ALESI: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT ALESI: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1457, by Senator Farley, Senate Print 1843, an 22 act to amend the Criminal Procedure Law. 23 ACTING PRESIDENT ALESI: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1457 are 7 Senators Dilan, Duane, L. Krueger and 8 Montgomery. 9 Ayes, 55. Nays, 4. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 Senator Oppenheimer. 13 SENATOR OPPENHEIMER: Thank you. 14 I stepped out for a moment and a 15 bill flew past, and I meant to be voting no. 16 So if I may, I'd like to be recorded as voting 17 no on Calendar Number 1451. 18 ACTING PRESIDENT ALESI: Thank 19 you, Senator Oppenheimer. The record will 20 reflect. 21 SENATOR OPPENHEIMER: Thank you 22 very much. 23 Wait, forget it. It was laid 24 aside. 25 ACTING PRESIDENT ALESI: Thank

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(518) 371-8910 1 you very much. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1458, by Senator Larkin, Senate Print 2019, an 5 act to amend the Agriculture and Markets Law. 6 ACTING PRESIDENT ALESI: Read the 7 last section. 8 THE SECRETARY: Section 7. This 9 act shall take effect on the 180th day. 10 ACTING PRESIDENT ALESI: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. Nays, 14 1. Senator Duane recorded in the negative. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1459, by Senator Young, Senate Print 2036, an 19 act to amend the Tax Law. 20 ACTING PRESIDENT ALESI: Read the 21 last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ALESI: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT ALESI: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1460, by Senator Lanza, Senate Print 2177, an 7 act to amend the Tax Law. 8 ACTING PRESIDENT ALESI: Read the 9 last section. 10 THE SECRETARY: Section 7. This 11 act shall take effect March 1, 2008. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1460 are 17 Senators Duane, Huntley and L. Krueger. 18 Ayes, 56. Nays, 3. 19 ACTING PRESIDENT ALESI: The bill 20 is passed. 21 Senator LaValle. 22 SENATOR LaVALLE: Yes, excuse me, 23 Mr. President. According to Rule 9, I was at 24 a sanctioned meeting and I would like to be 25 recorded in the negative on Calendar Number

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(518) 371-8910 1 700, Senate Bill Number 2645. 2 ACTING PRESIDENT ALESI: Thank 3 you, Senator. The record will reflect. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1461, by Senator Rath, Senate Print 2334, an 7 act to amend the Real Property Tax Law. 8 ACTING PRESIDENT ALESI: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1462, by Senator Little, Senate Print 2343, an 20 act to amend the Tax Law. 21 ACTING PRESIDENT ALESI: Read the 22 last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect June 1, 2007. 25 ACTING PRESIDENT ALESI: There is

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(518) 371-8910 1 a local fiscal impact note at the desk. 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. Nays, 5 2. Senators Duane and L. Krueger recorded in 6 the negative. 7 ACTING PRESIDENT ALESI: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1463, by Senator DeFrancisco, Senate Print 11 2420, an act to amend the Penal Law. 12 ACTING PRESIDENT ALESI: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT ALESI: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT ALESI: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1464, by Senator Morahan, Senate Print 2445, 25 an act to amend Chapter 425 of the Laws of

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(518) 371-8910 1 2006. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ALESI: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1466, by Senator Marcellino, Senate Print 14 2934, an act to authorize. 15 ACTING PRESIDENT ALESI: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ALESI: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT ALESI: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1467, by Senator Volker, Senate Print 3092, an 2 act to amend the Executive Law. 3 ACTING PRESIDENT ALESI: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT ALESI: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT ALESI: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1468, by Senator Winner, Senate Print 3234, an 16 act to amend the New York State Urban 17 Development Corporation Act. 18 ACTING PRESIDENT ALESI: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ALESI: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1469, by Senator Flanagan, Senate Print 3329, 5 an act to amend the Penal Law. 6 ACTING PRESIDENT ALESI: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT ALESI: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. Nays, 14 1. Senator Duane recorded in the negative. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1470, by Senator Young, Senate Print 3551, an 19 act to authorize the Town of Friendship. 20 ACTING PRESIDENT ALESI: There is 21 a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT ALESI: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1471, by Senator Seward, Senate Print 3759, an 8 act to amend the Abandoned Property Law. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT ALESI: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1472, by Senator Skelos, Senate Print 3917, an 21 act to amend the Retirement and Social 22 Security Law. 23 ACTING PRESIDENT ALESI: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT ALESI: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1473, by Senator LaValle, Senate Print 4168, 10 an act to amend the Criminal Procedure Law. 11 ACTING PRESIDENT ALESI: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT ALESI: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. Nays, 19 2. Senators Duane and Montgomery recorded in 20 the negative. 21 ACTING PRESIDENT ALESI: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1474, by Senator Wright, Senate Print 4259, an 25 act to amend the Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT ALESI: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT ALESI: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1475, by Senator Bonacic -- 13 SENATOR DUANE: Lay it aside, 14 please. 15 ACTING PRESIDENT ALESI: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1476, by Senator Golden, Senate Print 4268, an 19 act to amend the Criminal Procedure Law and 20 the Executive Law. 21 ACTING PRESIDENT ALESI: Read the 22 last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the 90th day. 25 ACTING PRESIDENT ALESI: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. Nays, 4 1. Senator Montgomery recorded in the 5 negative. 6 ACTING PRESIDENT ALESI: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1477, substituted earlier today by Member of 10 the Assembly Giglio, Assembly Print Number 11 6952, an act to amend the Tax Law. 12 ACTING PRESIDENT ALESI: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT ALESI: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT ALESI: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1478, substituted earlier today by Member of 24 the Assembly Ortiz, Assembly Print Number 25 5154, an act to amend the Executive Law and

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(518) 371-8910 1 the Mental Hygiene Law. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect on the first of April 6 next succeeding. 7 ACTING PRESIDENT ALESI: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT ALESI: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1479, by Senator Fuschillo, Senate Print 5315, 15 an act to amend the Vehicle and Traffic Law. 16 ACTING PRESIDENT ALESI: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT ALESI: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT ALESI: Senator 25 Craig Johnson, to explain his vote.

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(518) 371-8910 1 SENATOR CRAIG JOHNSON: Thank 2 you, Mr. President. 3 I rise today to support this 4 legislation and, first, to congratulate my 5 colleague Chuck Fuschillo for his leadership 6 in this legislation and the need, the 7 desperate need for this legislation. 8 We have a crisis throughout 9 New York State, but in particular in Nassau 10 County, and that is the increasing DWIs that 11 we're seeing all throughout the county. 12 And I wish to recognize and welcome 13 my friend and former colleague in law, the 14 Nassau County District Attorney Kathleen Rice, 15 who is with us today in the Senate chamber. 16 She really is -- you can raise your 17 hand, Kathleen, so my colleagues can recognize 18 you from over here -- she really is a pioneer 19 in pursuing DWI convictions. But what Senator 20 Fuschillo's legislation will do is give her 21 another tool and really fill in a missing gap 22 that we have under New York State's criminal 23 law. 24 And so I thank Senator Fuschillo 25 for pursuing this initiative. I thank

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(518) 371-8910 1 Kathleen Rice for fighting the fight in Nassau 2 County. And I'm proud to support this piece 3 of legislation. 4 Thank you very much. 5 ACTING PRESIDENT ALESI: Senator 6 Craig Johnson will be recorded in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 59. Nays, 10 0. 11 ACTING PRESIDENT ALESI: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1480, substituted earlier today by Member of 15 the Assembly Canestrari, Assembly Print Number 16 8199, an act to amend the Tax Law. 17 ACTING PRESIDENT ALESI: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ALESI: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT ALESI: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1482, by Senator Padavan, Senate Print 5945, 4 an act to amend the Real Property Tax Law. 5 ACTING PRESIDENT ALESI: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ALESI: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT ALESI: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1485, by Senator Lanza, Senate Print 1325A, an 17 act to amend the Judiciary Law and the 18 Education Law. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect immediately. 23 ACTING PRESIDENT ALESI: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT ALESI: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1486, by Senator Skelos, Senate Print 3947A, 6 an act to amend the Tax Law. 7 ACTING PRESIDENT ALESI: There is 8 a local fiscal impact note at the desk. 9 Read the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect October 1. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1488, by Senator Fuschillo, Senate Print 5517, 20 an act to amend the Penal Law, the Executive 21 Law, and the Vehicle and Traffic Law. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 16. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT ALESI: Senator 6 Fuschillo, to explain his vote. 7 SENATOR FUSCHILLO: Thank you 8 very much, Mr. President. 9 I will be voting in the affirmative 10 on this legislation, and what it does is it 11 creates the penalty of aggravated vehicular 12 homicide and aggravated vehicular assault for 13 those who choose to drink and drive and murder 14 and those who choose to drink and drive and 15 cause serious injury. 16 I want to thank the Nassau County 17 District Attorney Kathleen Rice and her 18 office, Maureen McCormick, for their work on 19 this legislation. And I want to welcome 20 Jennifer Flynn and Chris and Denise Tangney to 21 the chambers as well, as well as her sister 22 Lisa and her husband David Moscolo. We 23 appreciate your support in coming up here 24 today. 25 Nearly two years ago the Tangney

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(518) 371-8910 1 and Flynn family suffered a tragedy, a tragedy 2 that's become all too common in this state. 3 And my colleague Senator Johnson called it a 4 crisis, and I agree with him. But I'll go 5 back to the words of District Attorney Rice, 6 it's an epidemic out of control in New York 7 State. 8 I truly believed a few years ago, 9 when I authored .08, with unanimous support in 10 this chamber, that we would see a significant 11 decrease in the arrests and fatalities in 12 New York State. But we haven't. 13 Last year we created the offense, 14 in a new law that took effect in November, 15 called aggravated vehicular DWI, that targeted 16 high BAC and repeat offenders. And hopefully, 17 with the strength and provisions of that law, 18 it will give prosecutors the necessary tools 19 to put those behind bars. 20 This is another measure to go after 21 those who irresponsibly get in a car and drive 22 drunk. Because that car then becomes a 23 weapon. And I firmly believe that we should 24 stop the prejudice of bias or distinction 25 about what kind of weapon kills somebody.

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(518) 371-8910 1 When you get behind a car drunk, it becomes a 2 weapon, and you commit murder when you kill 3 somebody. 4 The Flynn and Tangney family was 5 celebrating a wedding. They live on the South 6 Shore of Long Island, on Long Beach, and they 7 were celebrating a wedding on the North Shore. 8 And they planned it very well, they planned it 9 to the last moment, where they took a 10 limousine, they took a car service back to 11 their home, driving on the Meadowbrook Parkway 12 heading southbound, in the southbound lane. 13 But what they didn't know was a guy 14 by the name of Martin Heidgen, who all day 15 long was drinking -- some reports, 14 hours, 16 probably more. Three times the legal limit he 17 was drunk here in New York State. He was 18 driving in the southbound lane northbound for 19 about three miles. Head-on collision with the 20 limousine. 21 The limousine driver, Stanley 22 Rabinowitz, 59 years old, was murdered, was 23 killed upon impact. The Flynns' little 24 daughter, Katie, age 7 -- and you probably 25 have read this repeatedly -- was murdered as

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(518) 371-8910 1 well. Her father, Chris Tangney, who's in the 2 back, was given his last rites at the hospital 3 by a priest who a year later was killed by a 4 drunk driver. 5 So the question we have to ask 6 ourselves is when is the killing going to stop 7 in New York State. When do the people who 8 choose to drink and drive -- and I hate 9 reading, and I'm sure you do as well, that 10 it's an accident. It's a crash. It's a 11 fatality. It's something that they chose to 12 do. 13 This new bill, this new 14 legislation -- and the families have met with 15 Speaker Silver, we have a sponsor in the 16 Assembly, Assemblyman Harvey Weisenberg. 17 We're meeting with the Governor today. We're 18 going to do our work to ensure that this 19 becomes law and passes both houses, passes the 20 Assembly before we leave and takes effect 21 November first. 22 But what it does is it gives the 23 prosecutors -- like Nassau County District 24 Attorney Kathleen Rice, and prosecutors 25 throughout the state who have signed off on

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(518) 371-8910 1 this, who have worked with us on this 2 legislation through the entire year -- the 3 necessary tools to put these individuals 4 behind bars and put them in jail for the time 5 that's necessary, up to 25 years. 6 Mr. President, it's with a heavy 7 heart I must tell you that I even relate that 8 story to this esteemed body, with the families 9 here. But the tragic events have led us to 10 this legislation. I vote aye. 11 Thank you very much. 12 ACTING PRESIDENT ALESI: Senator 13 Fuschillo will be recorded in the affirmative. 14 Senator Skelos, to explain his 15 vote. 16 SENATOR SKELOS: Mr. President, I 17 want to start off by thanking Senator 18 Fuschillo and our DA from Nassau County, 19 Kathleen Rice, for really taking the 20 leadership on an epidemic that's facing our 21 state and really our nation. 22 Several years ago, when the tragedy 23 befell the Tangney and Flynn family, who are 24 my constituents, I received a call from 25 Senator Fuschillo in the early morning, I

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(518) 371-8910 1 think it was a Sunday morning, to tell me that 2 he had had a visit from a chief of the fire 3 department, I believe in Freeport. The chief 4 was so upset and troubled by this tragedy, 5 this murder, that he went specifically to 6 Senator Fuschillo's house and said "Something 7 needs to be done." 8 Senator Fuschillo immediately moved 9 aggressively, as he has on other legislation, 10 to help stop DWIs in our state. And if 11 somebody injures somebody, drives while 12 intoxicated, they're going to be punished. 13 The Tangneys and the Flynns are 14 incredible people. You know, all of us, we 15 take our jobs very seriously here, as we 16 should. But when you sit in a press 17 conference and we relive today what they 18 relive every hour of the day, it puts life in 19 perspective, and what's really important. 20 What's important is our priorities 21 should always be protecting the innocent, 22 protecting those who want to just live a 23 healthy long life, as I know the family wanted 24 for Katie. 25 Many things touch us in our lives,

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(518) 371-8910 1 and I think all of us, we receive plaques, we 2 receive mementos, we receive certain things 3 that really affect our lives. There are two 4 things that I have in my district office that 5 really struck me. 6 One was, number one, the pen and 7 the ribbon that Governor Pataki used when he 8 signed Megan's Law, which I sponsored a number 9 of years ago, because it reminds me of our 10 obligation to protect our young and the 11 tragedy that befell the Kanka family, but how 12 they took this tragedy and turned it in such a 13 way that young Megan had a purpose in life and 14 other children are now being protected in our 15 state and throughout the entire country, in 16 fact. 17 The second one is the memorial mass 18 card that I took at the funeral parlor which 19 has the face of beautiful young Katie. And I 20 keep that in my drawer to remind us of our 21 responsibility, again, to protect children, to 22 do whatever we have in our power to resolve 23 our political differences in favor of 24 protecting innocent lives so that young Katies 25 and young Megans can have the opportunities

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(518) 371-8910 1 and the future that all of us have had. 2 So Senator Fuschillo and to my 3 colleagues, I urge you, support this 4 legislation. Give the district attorneys, 5 police, the ability to do what they need to 6 punish those who commit this type of crime, 7 this type of murder, but also that it will 8 hopefully serve as a deterrent so that young 9 people -- all people -- who go behind a car 10 will understand what their responsibility is. 11 Mr. President, I vote aye. 12 ACTING PRESIDENT ALESI: Senator 13 Skelos will be recorded in the affirmative. 14 Senator Nozzolio, to explain his 15 vote. 16 SENATOR NOZZOLIO: Thank you, 17 Mr. President. 18 Mr. President and my colleagues, I 19 rise to support this legislation and 20 particularly to thank our colleagues from 21 Nassau County, Senator Fuschillo and Senator 22 Skelos, for bringing to the attention of this 23 Legislature and the entire state how a vehicle 24 driven by an inebriated drunk can be as 25 dangerous a weapon as any gun or knife or

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(518) 371-8910 1 bomb. 2 Aggravated vehicular manslaughter 3 or homicide, as the statute is to be created, 4 takes into account those victims. And as 5 chairman of the Crime Victims, Crime and 6 Corrections Committee, it matters not how the 7 family and the individuals victimized -- what 8 weapon is used in that crime being 9 perpetrated. 10 That Senator Fuschillo's 11 legislation says that a weapon can be any 12 instrument that wreaks havoc. And in the 13 hands of someone who is irresponsible and 14 drunk, an automobile becomes that weapon. 15 My hat's off to Senator Fuschillo 16 for being so sensitive and farsighted to 17 prevent crime victims from happening in the 18 first place by establishing this type of 19 strong law that sends a very clear message to 20 every corner of the state that this type of 21 irresponsible behavior will not be tolerated. 22 Thank you, Mr. President. I vote 23 aye. 24 ACTING PRESIDENT ALESI: Senator 25 Nozzolio will 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 I too would like to join in 6 thanking my colleagues for putting forth this 7 piece of legislation that is so important, a 8 piece of legislation that hopefully will drive 9 home the point that if you are drinking, you 10 cannot drive. And if you do, there will be 11 extreme punishments for you. 12 But I would also like to take a 13 moment to thank Jennifer Flynn and her family 14 for coming forward with this. I attended the 15 press conference. I certainly have read about 16 the horrific accident and the really, truly 17 unnecessary loss of life. It never should 18 have happened, and yet this family has had to 19 endure this each and every day. 20 I think Jennifer's statement that 21 it could have happened to any of us really 22 hits home, because it was random. It could 23 have happened to any of us. And it could 24 continue to happen to many of us if we don't 25 do something about it.

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(518) 371-8910 1 Personally, I have six children and 2 11 grandchildren that I can't stop thinking 3 about. How would I do what she is doing? I'm 4 sure there are days when getting up is a major 5 effort, and moving forward. But to be able to 6 come out and to speak and to participate and 7 to try to move this legislation forward, 8 because this was an accident that was -- 9 everyone felt it was just heart-wrenching to 10 even think what this family went through. 11 So I just want to thank her for 12 coming forward and thank her and her family 13 for their courage. And my thoughts and 14 prayers continue to be with them. 15 ACTING PRESIDENT ALESI: Senator 16 Little will be recorded in the affirmative. 17 Senator Craig Johnson, to explain 18 his vote. 19 SENATOR CRAIG JOHNSON: Thank 20 you, Mr. President. 21 Again, I will be voting in the 22 affirmative on this piece of legislation and 23 thank Senator Fuschillo for this piece of 24 legislation as well. 25 I'm a parent of two young children,

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(518) 371-8910 1 and when I'm home every night saying good 2 night to them and holding them, I can't 3 imagine going through what the Flynn family 4 and the Tangney family has gone through. 5 And we talk about use of a vehicle 6 as a weapon. I'm just proud that we created 7 today a weapon to go after the drunk drivers 8 and have this tragedy create this weapon for 9 District Attorney Rice and the other district 10 attorneys all across New York State. Because 11 the time has come. 12 When you speak to constituents, 13 when tragedies like this happen and the 14 constituents don't understand that the 15 perpetrators have committed a murder, a 16 murder, and yet the DA's hands have been tied 17 in the past -- and really, what District 18 Attorney Rice was able to accomplish in the 19 prosecution of this case, against what 20 editorial boards said was inappropriate, what 21 many people in the public didn't get, we now 22 really provide you, through Chuck Fuschillo's 23 leadership, the weapon to go after and to 24 punish those people who take these lives. 25 And I'm just proud to be able to

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(518) 371-8910 1 vote yes on this bill. So I congratulate 2 Senator Fuschillo. I thank Senator Skelos for 3 his words; they were incredibly moving. And I 4 wish nothing but the best for the families on 5 this day and for all the other days. I will 6 be voting yes. 7 Thank you very much. 8 ACTING PRESIDENT ALESI: Senator 9 Craig Johnson will be recorded in the 10 affirmative. 11 Announce the results. 12 THE SECRETARY: Ayes, 60. Nays, 13 0. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1489, by Senator Little, Senate Print 5965, an 18 act to authorize certain healthcare 19 professionals. 20 ACTING PRESIDENT ALESI: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect July 18, 2007. 24 ACTING PRESIDENT ALESI: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT ALESI: The bill 4 is passed. 5 Senator Flanagan, that completes 6 the noncontroversial reading of the calendar. 7 SENATOR FLANAGAN: Thank you, 8 Mr. President. If we could have the 9 noncontroversial reading of Supplemental 10 Calendar Number 56A. 11 ACTING PRESIDENT ALESI: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 1491, by Senator Larkin, Senate Print 425, an 15 act to amend the Tax Law. 16 ACTING PRESIDENT ALESI: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect December 1. 20 ACTING PRESIDENT ALESI: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1491 are 25 Senators Duane, Huntley, L. Krueger and

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(518) 371-8910 1 Perkins. 2 Ayes, 56. Nays, 4. 3 ACTING PRESIDENT ALESI: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1492, by Senator Maziarz, Senate Print 1283, 7 an act in relation to adjusted valuation. 8 ACTING PRESIDENT ALESI: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect July 1, 2007. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1493, by -- 20 SENATOR DUANE: Lay it aside, 21 please. 22 ACTING PRESIDENT ALESI: Lay the 23 bill aside. 24 THE SECRETARY: Calendar Number 25 1494, by Senator Fuschillo, Senate Print 1542,

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(518) 371-8910 1 an act to amend the Penal Law. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT ALESI: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1494 are 12 Senators Duane, Montgomery and Perkins. 13 Ayes, 57. Nays, 3. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1495, by Senator Rath, Senate Print 1762, an 18 act to create a joint bipartisan task force. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 9. This 22 act shall take effect immediately. 23 ACTING PRESIDENT ALESI: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT ALESI: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1496, by Senator Maziarz, Senate Print 1884A, 6 an act to allow Jerry R. Sullivan. 7 ACTING PRESIDENT ALESI: There is 8 a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1497, by Senator Libous, Senate Print 2153, an 20 act to amend the State Finance Law. 21 ACTING PRESIDENT ALESI: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 180th day. 25 ACTING PRESIDENT ALESI: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT ALESI: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1499, by Senator Winner, Senate Print 2366, an 8 act to amend the Tax Law. 9 ACTING PRESIDENT ALESI: Read the 10 last section. 11 SENATOR FLANAGAN: Lay it aside 12 for the day, please. 13 ACTING PRESIDENT ALESI: Lay the 14 bill aside for the day. 15 THE SECRETARY: Calendar Number 16 1500, by Senator C. Kruger, Senate Print 2368, 17 an act to amend the Vehicle and Traffic Law 18 and the Penal Law. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT ALESI: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT ALESI: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1501, by Senator DeFrancisco, Senate Print 7 2421, an act to amend the Penal Law. 8 ACTING PRESIDENT ALESI: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 November. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT ALESI: The bill 18 is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1502, Senator Larkin moves to 21 discharge, from the Committee on Rules, 22 Assembly Print Number 5865 and substitute it 23 for the identical Senate Bill Number 2894, 24 Third Reading Calendar 1502. 25 ACTING PRESIDENT ALESI:

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(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1502, by Member of the Assembly Calhoun, 5 Assembly Print Number 5865, an act to amend 6 the Criminal Procedure Law. 7 ACTING PRESIDENT ALESI: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ALESI: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1502 are 16 Senators Duane, Huntley, L. Krueger and 17 Montgomery. 18 Ayes, 56. Nays, 4. 19 ACTING PRESIDENT ALESI: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1504, by Senator Trunzo, Senate Print 3049, an 23 act to amend the Education Law. 24 ACTING PRESIDENT ALESI: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the first of August. 3 ACTING PRESIDENT ALESI: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT ALESI: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1505, by Senator Winner, Senate Print 3235, an 11 act to amend the New York State Urban 12 Development Corporation Act. 13 ACTING PRESIDENT ALESI: Read the 14 last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ALESI: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT ALESI: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1506, by Senator Skelos, Senate Print 3430, an 25 act to amend the Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Read the 2 last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT ALESI: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. Nays, 9 1. Senator Duane recorded in the negative. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1508, by Senator Farley, Senate Print 3575A, 14 an act to amend the New York State Urban 15 Development Corporation Act. 16 ACTING PRESIDENT ALESI: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT ALESI: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT ALESI: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 1509, Senator Lanza moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 7031 and substitute it 5 for the identical Senate Bill Number 3576, 6 Third Reading Calendar 1509. 7 ACTING PRESIDENT ALESI: 8 Substitution is ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1509, by Member of the Assembly Cusick, 12 Assembly Print Number 7031, an act to amend 13 the Tax Law. 14 ACTING PRESIDENT ALESI: Read the 15 last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect August 31. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. Nays, 22 1. Senator Duane recorded in the negative. 23 ACTING PRESIDENT ALESI: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1510, by Senator Wright, Senate Print 3751, an 2 act to amend the Environmental Conservation 3 Law. 4 ACTING PRESIDENT ALESI: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ALESI: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. Nays, 12 2. Senators Perkins and Serrano recorded in 13 the negative. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1511, by Senator Flanagan, Senate Print 3849, 18 an act to amend the Economic Development Law. 19 ACTING PRESIDENT ALESI: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 120th day. 23 ACTING PRESIDENT ALESI: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT ALESI: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1512, by Senator Rath, Senate Print 4024, an 6 act to amend the Criminal Procedure Law and 7 others. 8 ACTING PRESIDENT ALESI: Read the 9 last section. 10 THE SECRETARY: Section 7. This 11 act shall take effect on the first of 12 November. 13 ACTING PRESIDENT ALESI: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1512 are 18 Senators Duane, Huntley, L. Krueger, 19 Montgomery, Perkins, Serrano and 20 Stewart-Cousins. 21 Ayes, 53. Nays, 7. 22 ACTING PRESIDENT ALESI: The bill 23 is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1513, Senator Oppenheimer

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(518) 371-8910 1 moves to discharge, from the Committee on 2 Local Government, Assembly Bill Number 1219 3 and substitute it for the identical Senate 4 Bill Number 4092, Third Reading Calendar 1513. 5 ACTING PRESIDENT ALESI: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1513, by Member of the Assembly Latimer, 10 Assembly Bill Number 1219, an act relating to 11 the term of office of mayor and trustees. 12 ACTING PRESIDENT ALESI: There is 13 a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ALESI: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT ALESI: The bill 22 is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1514, Senator Volker moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 8188 and substitute it 2 for the identical Senate Bill Number 4245, 3 Third Reading Calendar 1514. 4 ACTING PRESIDENT ALESI: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1514, by Member of the Assembly Titus, 9 Assembly Print Number 8188, an act to amend 10 the Civil Practice Law and Rules. 11 ACTING PRESIDENT ALESI: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT ALESI: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 59. Nays, 19 1. Senator Duane recorded in the negative. 20 ACTING PRESIDENT ALESI: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1515, by Senator Golden, Senate Print 4269A, 24 an act to amend the Penal Law, the Criminal 25 Procedure Law, the Executive Law and the

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(518) 371-8910 1 Railroad Law. 2 ACTING PRESIDENT ALESI: Read the 3 last section. 4 SENATOR DUANE: Lay it aside, 5 please. 6 ACTING PRESIDENT ALESI: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1516, by Senator Farley, Senate Print 4709, an 10 act to amend the State Finance Law. 11 ACTING PRESIDENT ALESI: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 180th day. 15 ACTING PRESIDENT ALESI: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT ALESI: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1518, by Senator LaValle, Senate Print 4854, 23 an act to amend the Real Property Tax Law. 24 ACTING PRESIDENT ALESI: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 17. This 2 act shall take effect immediately. 3 ACTING PRESIDENT ALESI: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT ALESI: The bill 8 is passed. 9 Senator Wright, that completes the 10 noncontroversial reading of the supplemental 11 calendar. 12 SENATOR WRIGHT: Thank you, 13 Mr. President. 14 On the controversial calendar, can 15 we take up Calendar Number 1451. 16 ACTING PRESIDENT ALESI: The 17 Secretary will ring the bell. 18 The Secretary will read Calendar 19 1451. 20 THE SECRETARY: Calendar Number 21 1451, by Senator Skelos, Senate Print 1483, an 22 act to amend the General Municipal Law. 23 SENATOR LIZ KRUEGER: 24 Explanation. 25 ACTING PRESIDENT ALESI: Senator

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(518) 371-8910 1 Skelos, an explanation has been requested. 2 SENATOR SKELOS: Who asked for 3 the explanation? 4 ACTING PRESIDENT ALESI: Senator 5 Liz Krueger. 6 SENATOR SKELOS: I believe you 7 asked for an explanation last year. So it's 8 good to be joined with you this year 9 explaining the bill. 10 This bill authorizes 11 municipalities, upon approval of the local 12 governing body, to establish a program to 13 provide a rebate to a project occupant for a 14 portion of real property taxes to offset the 15 cost of certain necessary infrastructure 16 investments for affordable housing or other 17 economic development projects. 18 I know that on Long Island, 19 throughout the state, certainly economic 20 development is a priority of most of us here. 21 But also, in specific, if I speak about Nassau 22 County and Long Island, affordable housing is 23 critically important. 24 This legislation would encourage 25 both economic development and affordable

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(518) 371-8910 1 housing throughout our communities. 2 ACTING PRESIDENT ALESI: Senator 3 Liz Krueger. 4 SENATOR LIZ KRUEGER: Thank you, 5 Mr. President. If the sponsor would please 6 yield. 7 ACTING PRESIDENT ALESI: Senator 8 Skelos, will you yield to Senator Liz Krueger? 9 SENATOR SKELOS: Yes, I do, 10 Mr. President. 11 ACTING PRESIDENT ALESI: Senator 12 Krueger. 13 SENATOR LIZ KRUEGER: Thank you 14 very much, Mr. President. 15 I appreciate the explanation. And 16 yes, of course we did debate this bill last 17 year. And you've brought it up again. 18 And I respect your argument about 19 affordable housing and the importance of 20 expanding affordable housing everywhere we 21 can. It's not unique to Nassau County or any 22 other county in this state. 23 But my understanding in reading 24 this bill is that a locality could approve 25 what are commonly called TIFs for any type of

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(518) 371-8910 1 economic development. Is that your 2 understanding, that the locality could approve 3 it anywhere for any type of economic 4 development? 5 SENATOR SKELOS: Yes. 6 SENATOR LIZ KRUEGER: Thank you, 7 Mr. President. Thank you. 8 If through you, Mr. President, the 9 sponsor would continue to yield. 10 ACTING PRESIDENT ALESI: Senator 11 Skelos, will you continue to yield? 12 SENATOR SKELOS: Yes, I do, 13 Mr. President. 14 ACTING PRESIDENT ALESI: The 15 Senator yields. 16 SENATOR LIZ KRUEGER: Thank you. 17 So again, perhaps just to explain 18 to my colleagues, the idea of this bill is 19 that rather than paying taxes, a developer 20 would make an agreement with the locality that 21 it would pay for infrastructure, for its own 22 development, in exchange for a 100 percent 23 exemption from the taxes they would otherwise 24 owe the locality and the county or for the new 25 assessed value.

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(518) 371-8910 1 So whatever the base that might 2 have been the tax rate on that parcel of land 3 or parcels of land, that would continue. But 4 it would break into a second category of the 5 new assessed value. They would not pay taxes 6 for a specific time period and instead would 7 pay for the infrastructure modernization that 8 they wanted for their development. 9 Is that a correct analysis? 10 SENATOR SKELOS: Mr. President, 11 to respond, many municipalities cannot afford 12 these type of infrastructure expenses, 13 especially when you deal in the areas of high 14 technology, biotechnology, where energy costs 15 and certainly water costs are extremely 16 critical to their development. 17 So the municipality would be able 18 to, through the rebate program, help the 19 developer for the cost only of those 20 infrastructure development's costs. 21 SENATOR LIZ KRUEGER: Mr. 22 President, if through you the sponsor would 23 continue to yield. 24 ACTING PRESIDENT ALESI: Senator 25 Skelos, do you continue to yield?

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(518) 371-8910 1 SENATOR SKELOS: Yes, I do. 2 ACTING PRESIDENT ALESI: The 3 Senator yields. 4 SENATOR LIZ KRUEGER: Thank you. 5 I appreciate the Senator's responses. And I 6 appreciate his point about the higher-tech 7 infrastructure. 8 But am I correct to assume that 9 this would be any type of an infrastructure, 10 so it could be running sewer lines, water 11 lines, a new widening of an intersection, a 12 new street put in? Pretty much any definition 13 of infrastructure would be allowed? 14 SENATOR SKELOS: There are a 15 number of them listed, but not limited to. 16 And it would be really the determination of 17 the governing body and the developer as to 18 what their own agreement would be as to what's 19 necessary to complete, again, an affordable 20 housing project or an economic development 21 project. 22 SENATOR LIZ KRUEGER: Thank you. 23 Mr. President, if the sponsor, 24 through you, would continue to yield. 25 ACTING PRESIDENT ALESI: Senator

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(518) 371-8910 1 Skelos, do you continue to yield? 2 SENATOR SKELOS: Yes, I do, 3 Mr. President. 4 ACTING PRESIDENT ALESI: The 5 Senator continues to yield. 6 SENATOR LIZ KRUEGER: Thank you, 7 Mr. President. 8 So again, the sponsor has been so 9 helpful, and again he references affordable 10 housing. But this could also be used for a 11 strip mall or a big box store; am I correct? 12 SENATOR SKELOS: If I could, 13 Mr. President, the governing body would make a 14 determination as to what's in the best 15 interest of their community in terms of 16 economic development. 17 SENATOR LIZ KRUEGER: Mr. 18 President, on the bill. 19 ACTING PRESIDENT ALESI: On the 20 bill. 21 SENATOR LIZ KRUEGER: Thank you. 22 I appreciate the sponsor's patience 23 in responding to my questions. 24 And the fact is this model of TIFs, 25 tax incremental financing, has been used all

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(518) 371-8910 1 over the country in varieties of ways. And 2 there are lessons to be learned from other 3 parts of the country that have gone down this 4 road. 5 And New York State is being asked 6 to consider this now. And I respect that it 7 would be at the local government's request. 8 But the research from around the country shows 9 that local governments haven't always made the 10 wisest decisions for themselves and their tax 11 dollars when they've gone into tax incremental 12 financing models. 13 The dilemma here is -- perhaps not 14 unlike some of the things we've seen in Empire 15 Zones here in the State of New York -- what 16 was originally intended for a specific purpose 17 has been expanded throughout the country in a 18 variety of ways that I fear, under this bill, 19 could also happen here in New York State. 20 Originally the idea of TIFs were to 21 be very specific for development of 22 infrastructure and projects in quote, unquote, 23 blighted, poor urban areas where there was 24 land that might not otherwise be developed. 25 But what we have seen from

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(518) 371-8910 1 throughout the country are patterns of local 2 governments thinking or being convinced -- 3 perhaps against their own best interests, in 4 some cases -- that they could get 5 infrastructure paid for without having to 6 cover those costs themselves in areas where, 7 the truth is, developers are interested in 8 building and would be building otherwise, and 9 that they are giving away their ability to 10 collect increased assessed taxes for perhaps 11 decades. Sometimes we're talking 25-, 30-, 12 35-year bonds, where they have given way their 13 ability to collect increased assessed taxes 14 for themselves. 15 It to some degree allows one 16 entity, the developer of property, to make the 17 decision for the government for the next 25 or 18 30 years, this is how this tax money is going 19 to be used, for my infrastructure. Not for 20 other priorities the locality might have, not 21 for other services. 22 And of course some of the traps 23 here are that the actual creation of the new 24 development or projects may result in new 25 increased costs for the local government

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(518) 371-8910 1 without any new tax possibilities for the 2 local government. 3 There was a study done recently in 4 Chicago that has used quite a few TIFs over 5 the last few years, and the study was 6 disturbing. And again, Chicago, a very large 7 city, a growing city, a sophisticated local 8 government, I think most of us would agree by 9 most definitions. 10 And the evaluation of the 36 TIF 11 districts in the City of Chicago found that 12 over the lifetime of the 36 districts 13 analyzed, the local taxing bodies, drawing on 14 Chicago's property tax base, are estimated to 15 lose $1.3 billion in tax revenue they probably 16 would have collected in these areas if they 17 had not been declared TIF districts. 18 During this same time period, for 19 the Chicago 36 TIFs, it's estimated that the 20 public schools will not receive $632 million 21 in property tax revenue that the schools would 22 have received if the 36 areas had continued to 23 grow at their estimated pre-TIF rates without 24 the TIF deals, and that the City of Chicago 25 will not collect a projected $255 million it

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(518) 371-8910 1 would have received if it hadn't approved 2 these 36 TIF districts. 3 Collectively, the estimate from the 4 study is that the local taxes bodies are 5 foregoing the benefits of a projected 6 $1.6 billion in property tax revenue during 7 the lifetime of these TIF districts and that 8 the overall gain in projected new property tax 9 revenue that can be attributed to these 10 districts will only be $362 million instead of 11 $1.6 billion. 12 There's other studies from around 13 the country. Texas has been using this model 14 quite a bit, and there what we're seeing is -- 15 and again, TIFs can be used in different ways. 16 My concern is this legislation doesn't craft 17 carefully enough what they can't be used for. 18 In Texas we've seen literally range 19 wars between big box stores where one company 20 gets a TIF deal to move into an area and then 21 the small businesses and even large other 22 businesses are complaining that they have an 23 enormous tax disincentive or disadvantage in 24 comparison to the company that figured out how 25 to walk in and go into a TIF.

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(518) 371-8910 1 Now, an interesting, I suppose, 2 analogy is in Texas you've got companies like 3 Target and Wal-Mart furious that competitors 4 of theirs are getting better deals as well as 5 small businesses. 6 So again, we're ending up in a 7 situation where you can have unequal 8 distribution or inequity in tax policy between 9 large businesses competing, you can have 10 absolutely tax inequity and disadvantages to 11 smaller businesses who then can't compete with 12 the tax advantages given to large 13 corporations. 14 You end up conceivably, as Chicago 15 is learning, that they've given away billions 16 of dollars of tax money that they would 17 otherwise be getting and after the fact have 18 evaluated that that development would have 19 happened anyway. 20 I won't disagree with the sponsor 21 that with carefully crafted models -- again, I 22 believe as they were intended, specifically 23 targeted to be used only in areas where the 24 development would not otherwise happen, the 25 investment in the infrastructure would

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(518) 371-8910 1 absolutely otherwise not happen -- that it can 2 be crafted, if crafted carefully, as one model 3 in economic development. 4 But I think the research from 5 around the country is showing us -- and again, 6 many states have some kind of -- actually, 47 7 states have some kind of TIF legislation. And 8 of course it's not all identical. So we're 9 coming to this late, but I think there are 10 important lessons for us to learn about 11 mistakes we shouldn't make if we were to 12 approve any kind of TIF-model legislation. 13 Then there's also the issue of 14 environmental groups are very concerned this 15 actually encourages sprawl, as opposed to the 16 targeting of redevelopment in urban areas, the 17 way that this specific legislation is written. 18 So again, I with due respect think 19 that conceivably there could be a way to draw 20 a piece of legislation that was much more 21 narrow, that might allow localities with a 22 whole series of check-offs before they went 23 down the road and, with very specific 24 limitations, allow for TIF models. 25 But I think that if New York State

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(518) 371-8910 1 were to implement this open-ended law that 2 allowed localities to do anything, what we 3 would find after the fact was that we would be 4 looking at studies here in New York State 5 perhaps not very different than the studies 6 coming out of Chicago or rural Texas, arguing 7 that this wasn't a very good model of economic 8 development and that we had lost an enormous 9 amount of revenue at the local level. 10 So while in general my philosophy 11 is to support the concept of local governments 12 making their own decisions, I worry very much 13 that this model has been exploited in too many 14 other parts of the country and that we need to 15 be very careful if we move forward here. 16 So I'll be voting no and recommend 17 my colleagues vote no. 18 Thank you, Mr. President. 19 ACTING PRESIDENT ALESI: Thank 20 you, Senator Krueger. 21 Does any other Senator wish to be 22 heard? If not, the debate is closed. 23 The Secretary will ring the bell. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT ALESI: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT ALESI: Announce 6 the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1451 are 9 Senators Adams, Breslin, Connor, Diaz, Dilan, 10 Duane, Hassell-Thompson, Huntley, Klein, 11 L. Krueger, Montgomery, Onorato, Oppenheimer, 12 Perkins, Sabini, Savino, Schneiderman, 13 Serrano, Stachowski and Stavisky. 14 Ayes, 40. Nays, 20. 15 ACTING PRESIDENT ALESI: The bill 16 is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 there will be an immediate meeting of the 20 Rules Committee in the Majority Conference 21 Room. 22 ACTING PRESIDENT ALESI: 23 Immediate meeting of the Rules Committee in 24 the Majority Conference Room. 25 SENATOR SKELOS: Thank you,

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(518) 371-8910 1 Mr. President. 2 ACTING PRESIDENT ALESI: You're 3 welcome, Senator. 4 Senator Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Mr. President. 7 Mr. President, I rise to state that 8 according to Rule 9, had I been in the 9 chambers, I would voted no on Calendar Numbers 10 1249 and 1512. 11 ACTING PRESIDENT ALESI: Thank 12 you, Senator. The record will so reflect. 13 SENATOR HASSELL-THOMPSON: Thank 14 you. 15 ACTING PRESIDENT ALESI: Senator 16 Skelos. 17 SENATOR SKELOS: Thank you, 18 Mr. President. 19 If we could return to reports of 20 standing committees, there's a report of the 21 Rules Committee at the desk. I ask that it be 22 read at this time. 23 ACTING PRESIDENT ALESI: Reports 24 of standing committees. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Senator Bruno, 2 from the Committee on Rules, reports the 3 following bills: 4 Senate Print 2127, by Senator 5 Stachowski, an act to authorize the Town of 6 Hamburg; 7 4806, by Senator Nozzolio, an act 8 to amend the Penal Law; 9 4834A, by Senator Larkin, an act to 10 amend the Correction Law; 11 4862, by the Senate Committee on 12 Rules, an act to amend the Tax Law; 13 4909, by Senator Seward, an act to 14 amend the Criminal Procedure Law; 15 4949, by Senator Winner, an act to 16 amend the Tax Law; 17 5009, by Senator Alesi, an act to 18 amend the Real Property Tax Law; 19 5049, by Senator Fuschillo, an act 20 to amend the Criminal Procedure Law; 21 5298, by Senator Bonacic, an act 22 authorizing; 23 5389, by Senator Wright, an act to 24 amend the Tax Law; 25 5451, by Senator Marcellino, an act

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(518) 371-8910 1 to amend the Tax Law; 2 5507, by Senator Morahan, an act to 3 amend the General Municipal Law; 4 5526, by Senator LaValle, an act to 5 amend the Social Services Law; 6 5552A, by Senator Skelos, an act to 7 amend the Tax Law; 8 5627A, by Senator Flanagan, an act 9 granting; 10 5706B, by Senator Maziarz, an act 11 to amend the Economic Development Law; 12 5717A, by the Senate Committee on 13 Rules, an act to amend the Tax Law; 14 5728, by Senator Golden, an act to 15 amend the Penal Law; 16 5766A, by Senator Golden, an act to 17 amend the Real Property Tax Law; 18 5791A, by Senator Lanza, an act to 19 amend the Penal Law; 20 5860, by Senator Rath, an act to 21 amend the Domestic Relations Law; 22 5907, by Senator O. Johnson, an act 23 to amend the Tax Law; 24 5909, by Senator Libous, an act to 25 amend the Tax Law;

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(518) 371-8910 1 5933, by Senator Saland, an act to 2 amend the General Business Law; 3 5970, by Senator Skelos, an act to 4 amend Chapter 138 of the Laws of 1998; 5 5989, by Senator Little, an act to 6 amend the Tax Law; 7 5995, by Senator Young, an act 8 authorizing; 9 And Senate Print 6013, by the 10 Senate Committee on Rules, an act to amend the 11 Tax Law. 12 All bills ordered direct to third 13 reading. 14 ACTING PRESIDENT ALESI: Senator 15 Skelos. 16 SENATOR SKELOS: Mr. President, I 17 move to accept the report of the Rules 18 Committee. 19 ACTING PRESIDENT ALESI: All in 20 favor of accepting the Rules report, aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT ALESI: Opposed, 23 nay. 24 (No response.) 25 ACTING PRESIDENT ALESI: The

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(518) 371-8910 1 Rules report is accepted. 2 Senator Nozzolio. 3 SENATOR NOZZOLIO: Thank you, 4 Mr. President. To amend a bill on calendar 5 third reading. 6 On page number 17, I offer the 7 following amendments to Calendar Number 505, 8 Senate Print Number 4009, on behalf of Senator 9 Rath, and ask that said bill retain its place 10 on Third Reading Calendar. 11 ACTING PRESIDENT ALESI: The 12 amendments are received, and the bill will 13 retain its place on the Third Reading 14 Calendar. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 are there any substitutions to be made at this 18 time? 19 ACTING PRESIDENT ALESI: There is 20 one substitution, Senator. 21 The Secretary will read. 22 THE SECRETARY: On page 39, 23 Senator Libous moves to discharge, from the 24 Committee on Rules, Assembly Bill Number 2742 25 and substitute it for the identical Senate

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(518) 371-8910 1 Bill Number 1586, Third Reading Calendar 997. 2 ACTING PRESIDENT ALESI: 3 Substitution ordered. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 if we could now take up Calendar Number 997, 7 noncontroversial. 8 ACTING PRESIDENT ALESI: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 997, substituted earlier by Member of the 12 Assembly Lupardo, Assembly Print Number 2742, 13 an act to amend the Environmental Conservation 14 Law. 15 ACTING PRESIDENT ALESI: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT ALESI: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT ALESI: The bill 24 is passed. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we could go back to the controversial 3 calendar and take up Calendar Number 1475, by 4 Senator Bonacic. 5 ACTING PRESIDENT ALESI: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 1475, by Senator Bonacic, Senate Print 4265, 9 an act to amend the Executive Law. 10 SENATOR DUANE: Explanation, 11 please. 12 ACTING PRESIDENT ALESI: Senator 13 Bonacic, an explanation has been requested. 14 SENATOR BONACIC: Thank you, 15 Mr. President. 16 This is a bill that would prevent 17 state agencies from fining municipalities when 18 those municipalities, after a notification of 19 a violation of a specific law or regulation, 20 makes a good-faith effort to work with the 21 state agency to remediate the violation and in 22 fact does remediate the violation or obtains a 23 waiver or variance from said violation. 24 The reason that motivated us to put 25 this legislation in, in our Senate district we

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(518) 371-8910 1 have two regions from DEC, Region 3 and Region 2 4. Last year in Region 3, and I have no 3 better way it describe it, but it appears that 4 agency went on a violation spree. They came 5 into our Senate district and they went to a 6 lot of highway departments of the various 7 towns and they fined them heavy fines to clean 8 up what they claimed were violations. 9 For example, there was a violation 10 of painting a building a wrong color. So the 11 highway superintendent said, Fine, we'll 12 correct it, and they did. 13 In Region 4, when they came and did 14 their inspections, there was no fines. They 15 were told to remediate, or there were no 16 violations at all. 17 So my experience with local 18 governments in general is that they don't 19 intentionally try to violate laws or 20 regulations. And I think it is good public 21 relations for state agencies, when they notify 22 local governments of a particular violation, 23 you work with them and you give them an 24 opportunity to remediate. And if they 25 remediate, there should not be any fines.

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(518) 371-8910 1 But what are the fines if they 2 happen? In my particular situation that I'm 3 explaining to you, the fines were against 4 about seven or eight local governments to the 5 tune of $4,000 to $8,000 apiece. And what are 6 we doing? We're driving up property taxes. 7 And what I find is that local 8 officials don't want to embarrass themselves. 9 They know everybody in their community. They 10 don't knowingly and intentionally violate 11 statutes or regulations. And when it comes to 12 their attention, they want to cure it. And if 13 they're elected officials, they doubly want to 14 cure it because they don't want their 15 reputations stained in working for the public 16 good in case they have to run again for public 17 office. 18 So for all those reasons, we 19 believe that this is a good bill. 20 ACTING PRESIDENT ALESI: Senator 21 Liz Krueger. 22 SENATOR LIZ KRUEGER: Thank you. 23 Through you, Mr. President, if the sponsor 24 would yield. 25 ACTING PRESIDENT ALESI: Senator

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(518) 371-8910 1 Bonacic, will you yield to Senator Krueger? 2 SENATOR BONACIC: Glad to yield 3 to Senator Krueger. 4 ACTING PRESIDENT ALESI: The 5 Senator yields. 6 SENATOR LIZ KRUEGER: Thank you, 7 Mr. President. 8 I understand the intent as you 9 describe it, Senator. But when I read the 10 bill, it says if a municipality is making 11 good-faith effort. What's the definition of 12 "good-faith effort"? 13 Is there a timeline attached? Is 14 there a once is okay but five times is not 15 okay on the same issue? Is there an 16 evidentiary tracking of the completion? You 17 know, I couldn't find a legal definition of 18 "good faith." 19 SENATOR BONACIC: Well, let me 20 help you with this, if I may. 21 Normally it's in the discretion of 22 the agency that gives the violation or gives 23 notice of the violation to cure. So -- and I 24 just happened to use DEC, but it could be any 25 state agency. There are agencies now, the

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(518) 371-8910 1 labor agency, there's a federal agency, 2 there's a mining operation agency that allows 3 notice and remediation without violations. So 4 it's not a black-and-white definition, it's 5 discretionary with the agency. 6 And if the local government is 7 aggrieved because the agency says I'll give 8 you 24 hours to fix it, and they fix it in 9 three days and the agency continues to fine 10 them because they didn't do it in 24 hours, it 11 allows a remedy, what we call an Article 78 12 proceeding, of which that local government can 13 go to a judge and see if they acted reasonably 14 if they acted in good faith. And it allows 15 that discretion interplay. 16 But what we find is that normally 17 when agencies give notices of remediation to 18 do it, a violation, an opportunity to 19 remediate, they work with local governments. 20 They are in communication. So that scenario 21 of Article 78 is not likely to happen, because 22 the agencies and the local government all 23 working in good faith, being better neighbors, 24 trying to do good government, trying to build 25 relationships, trying to keep property taxes

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(518) 371-8910 1 down. 2 SENATOR LIZ KRUEGER: Mr. 3 President, if through you the sponsor would 4 continue to yield. 5 ACTING PRESIDENT ALESI: Senator 6 Bonacic, will you continue to yield? 7 SENATOR BONACIC: I would love to 8 continue to yield. 9 ACTING PRESIDENT ALESI: The 10 Senator will love to continue to yield. 11 Senator Krueger. 12 SENATOR LIZ KRUEGER: That's 13 lovely, thank you. 14 All right, so you answered my 15 question, or you gave the explanation about 16 the effort, good-faith effort. You also talk 17 about, in your bill, alternatively obtain a 18 waiver or variance for the violation. 19 Is it our understanding that in 20 every possible state-agency law involving 21 violations that there are existing models for 22 waivers and variances? Or are you trying to 23 say that in this legislation you're somehow 24 creating a model for variance and waiver? 25 Because you don't go into that further in the

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(518) 371-8910 1 bill either. 2 SENATOR BONACIC: There is no 3 model or prototype for every agency for 4 waivers or variances. Some don't have any; 5 maybe others do. So depending on your 6 agency -- the answer is there is no uniform 7 policy of waivers or variances for all the 8 agencies in the State of New York. 9 SENATOR LIZ KRUEGER: Thank you, 10 Mr. President. On the bill. 11 ACTING PRESIDENT ALESI: Senator 12 Krueger, on the bill. 13 SENATOR LIZ KRUEGER: Thank you. 14 I want to thank the sponsor for his 15 explanation of the bill. 16 And I want to start off by saying I 17 understand the intent. And I agree that the 18 purpose of laws is to deter people from doing 19 bad things, including other governments. We 20 want to discourage them from making mistakes. 21 We want to deter them from repeating mistakes. 22 And that the purpose of fines, I 23 think particularly in cases of violation of 24 laws and regulations by a government, is 25 rarely a situation where the other level of

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(518) 371-8910 1 government is intentionally in violation of a 2 state law or a federal law but, rather, is 3 either mistaken about the law or didn't know 4 that they were in violation or needed 5 technical assistance to help them understand 6 why they were in violation and why we have 7 that law. 8 And that I agree with the sponsor 9 that it's probably a very small percentage of 10 local or county governments that read a state 11 law from any agency and say, Let's go out and 12 violate it. Because that seems nonsensical. 13 And I think we agree on that. 14 My concern is that your law 15 attempts to take some very complex issues 16 across potentially all state agencies and all 17 possible state laws and resolve what may be 18 very technical and very different issues from 19 one agency to another simply by putting in 20 some wording -- work in good faith together, 21 get a variance or a waiver -- when, based on 22 your answers to my questions, we don't even 23 necessarily have definitions for those within 24 the laws of all these agencies. 25 So that I will vote no on the bill,

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(518) 371-8910 1 because I think there's a way to go down the 2 road you want to go, but this isn't the way to 3 do it. That what we would be leaving 4 ourselves open to if this became law would 5 just be an enormous amount of court cases 6 between local government and the state 7 government where the local government says, I 8 believe I acted in good faith in trying to 9 resolve this, you didn't work with me. 10 Even your example of taking Article 11 78, those are court cases. Sometimes 12 governments do sue each other. Probably if we 13 tracked, there would be any number of court 14 cases between local governments and state 15 governments any day of the week. 16 But I don't think we want to try to 17 resolve a problem by creating new vague ways 18 for state agencies to fight with other each 19 other and not resolve issues. I think that 20 much of what you're hoping to do needs to be 21 done through both careful evaluation of 22 existing regulations in the different agencies 23 and evaluation of what kind of language we 24 would need to perhaps put into the laws that 25 dictate what each of these state agencies do.

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(518) 371-8910 1 So I share with you the belief that 2 it's not that likely that too many government 3 entities out there are purposely trying to 4 avoid following laws and think if they never 5 have to pay a fine because they can always say 6 we're making good-faith effort and we're 7 opening and we're arguing interpretation of 8 our right to a waiver or a variance -- I don't 9 think necessarily there are that many local or 10 county governments that would use that as 11 their model for trying to continue to violate 12 state law time after time after time. 13 So I do think of this as different 14 than, say, imagining you were asking for a 15 good-faith variance from criminal law: I 16 promise I won't do it again, give me an 17 exemption, give me a walk. 18 I don't think this is the right way 19 to go down this road, and I do think what we 20 would find if we approached it this way is we 21 would just have this giant new set of 22 arguments between local governments, county 23 governments and state agencies, too many more 24 court cases, and a lot of time by the agency 25 spent simply arguing who was in good faith,

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(518) 371-8910 1 when, where, who was supposed to offer 2 variance or determine remediation, when, 3 where. 4 And the last thing I want to see is 5 us take actions that will result in large new 6 numbers of court disputes between local 7 agencies and the state. So I'll vote no. 8 But I do want to just, for the 9 record, make it clear I do believe that the 10 intent is a sincere one to try to help figure 11 out how you resolve disagreements between 12 local, county governments and state 13 governments. But there's reasons we have laws 14 with careful, clear definitions, and I worry 15 that this language will just burst open at the 16 seams existing language and protections. 17 So I'll vote no, Mr. President. 18 Thank you. 19 ACTING PRESIDENT ALESI: Senator 20 Nozzolio, on the bill. 21 SENATOR NOZZOLIO: Thank you, 22 Mr. President. 23 Mr. President, I rise in support of 24 this legislation, very happily. Because I too 25 was frustrated as I was in my district office

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(518) 371-8910 1 and received a call from the town highway 2 superintendent in Wolcott, New York, who said: 3 "You won't believe this, but the DEC is going 4 to fine the taxpayers of our small town 5 because the fuel storage tank is not painted 6 the right color." 7 That the issue before us, thanks to 8 Senator Bonacic, is legislation that tries to 9 put an end to the insanity that we see in our 10 bureaucracy, our bureaucracy that often too 11 often becomes a radar-trap mentality as 12 opposed to trying to help stop problems and 13 solve problems: We gotcha. 14 Well, unfortunately, my 15 colleagues -- and Senator Bonacic's 16 legislation is trying to address this -- that 17 when you gotcha, the taxpayers are going to be 18 paying the bill. Doubly so in this case, 19 where the agency could have resolved this 20 problem in a way that was conducive to 21 helping, in a way that was conducive to the 22 least cost to the taxpayers involved. 23 I was surprised that this occurred 24 across the state. I thought it was isolated 25 to some of the smaller towns in the upstate

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(518) 371-8910 1 area. But it seems as though it's permeating 2 throughout the state, and that this type of 3 legislation is a way to ensure our taxpayers 4 aren't going to have to pay the bill twice. 5 Senator Bonacic, thank you for 6 bringing this to our attention. That it seems 7 to me government is designed to help the 8 ultimate taxpayer. And that this is a way 9 that we can do that, in trying to help 10 eliminate this radar-trap mentality. 11 It's a good bill, Mr. President. I 12 fully support it. 13 ACTING PRESIDENT ALESI: Thank 14 you, Senator Nozzolio. 15 Does any other Senator wish to be 16 heard? 17 If not, the debate is closed. The 18 Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT ALESI: Call the 23 roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT ALESI: Senator

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(518) 371-8910 1 Bonacic, to explain his vote. 2 SENATOR BONACIC: You know, a few 3 years ago when the state was having economic 4 problems in bringing revenue into the state, 5 the Governor had set up in his budget a plan 6 that the agencies would have to fund their own 7 departments by fine violations. So they were 8 motivated to go out and fine in order to fund 9 their departments. 10 And it became a Machiavellian way 11 that was punitive on local governments, on 12 corporations, on taxpayers, and property 13 owners to fund state government. 14 We know that a lot of small towns 15 upstate with a population of less than 5,000, 16 when they have severe sewer failures or severe 17 treatment plant failures and it costs anywhere 18 from $5 to $15 million to cure, well, there is 19 no base there to pay for that. So what the 20 agencies do is they work with these towns and 21 they help them with their grant applications 22 till they can get a large assistance from the 23 federal government and the state before they 24 can do these big capital projects. 25 And normally they work with the

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(518) 371-8910 1 local governments when there's problems on big 2 infrastructure failures on sewer and water. 3 These are a smaller violation variety that 4 deserves an opportunity to cure. 5 Thank you. I vote yes. Thank you, 6 Mr. President. 7 ACTING PRESIDENT ALESI: Senator 8 Bonacic will be recorded in the affirmative. 9 Senator Schneiderman, to explain 10 his vote. 11 SENATOR SCHNEIDERMAN: Thank you. 12 To explain my vote, Mr. President. 13 I must say I'm struck by the 14 contrast between the leniency we are urged to 15 express with this legislation and the attitude 16 towards people in most other situations where 17 there's some criminal penalty to be imposed. 18 I'm very sympathetic to local 19 governments. But if they're engaged in 20 illegal conduct, if there is a bureaucracy 21 that is under the jurisdiction of this 22 Legislature that should be doing something 23 different, then that shouldn't relieve them of 24 their obligation to comply with the law and 25 that should not relieve us of our obligation

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(518) 371-8910 1 to rein in that bureaucracy. 2 But if you're going to allow people 3 who have drug problems to say "I'm making 4 progress toward kicking the habit, so 5 therefore I shouldn't do the time," that's one 6 thing. But that same generosity of spirit is 7 not offered to anyone else in the criminal 8 process. 9 So I would urge that we try and 10 have a little consistency. And so in the 11 absence of such consistency, I encourage 12 everyone to vote no as I do. 13 Thank you, Mr. President. 14 ACTING PRESIDENT ALESI: Thank 15 you. Senator Schneiderman will be recorded in 16 the negative. 17 Senator Nozzolio, to explain his 18 vote. 19 SENATOR NOZZOLIO: I'm compelled 20 to explain my vote by Senator Schneiderman's 21 comments, Mr. President. 22 That is, a review of the 23 legislation will tell you that this is not 24 intended -- as Senator Bonacic has stated and 25 I need to reiterate, that it is not intended

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(518) 371-8910 1 to focus on criminal activity. 2 If there is in fact a criminal 3 action being taken place by a municipality, 4 that is far outside the scope of this 5 legislation. This does not deal with criminal 6 activity. It simply deals with interpretation 7 and potential violations of regulations, and 8 it's a civil question. 9 I vote aye. 10 ACTING PRESIDENT ALESI: Thank 11 you. Senator Nozzolio will be recorded in the 12 affirmative. 13 Senator Hassell-Thompson, to 14 explain her vote. 15 SENATOR HASSELL-THOMPSON: Thank 16 you, Mr. President. 17 I've voted no on this bill, 18 basically more because of the argument that I 19 heard made by Senator Liz Krueger. Primarily 20 because, having served on local government, 21 the city that I represented at that time was 22 in fact a victim, I call it a victim of state 23 government. And I felt that the way in which 24 state government dealt with our municipality 25 was not reasonable.

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(518) 371-8910 1 But I think that what I do become 2 concerned with is if we think that a tweak and 3 an adjustment in a bill is sufficient, that 4 may in reality cause a domino effect that may 5 not be in the best interests. I would like to 6 see us spend some more time in terms of how do 7 we remedy this, as opposed to the way in which 8 we've chosen to do it in this particular bill. 9 So in fact I will be voting no. 10 Thank you, Mr. President. 11 ACTING PRESIDENT ALESI: Thank 12 you. Senator Hassell-Thompson will be 13 recorded in the initiative. 14 Senator Liz Krueger, to explain her 15 vote. 16 SENATOR LIZ KRUEGER: Thank you. 17 Every time my colleague Senator 18 Bonacic gets up, I find that I have 19 fundamental agreement with him on the problem 20 and yet come to a different solution. 21 So he raised, in his explaining his 22 vote, the dilemma that agencies are in fact 23 being required to go after people, to hit them 24 with violations and fees in order to pay for 25 their functioning agencies. And he and I

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(518) 371-8910 1 agree that's wrong. 2 But I would simply respond this 3 body decides the budget of those agencies. 4 This body votes for massive tax cuts week in 5 and week out where we're not exactly sure how 6 we're going to pay for them, but we know the 7 answer in our hearts. It's that the agencies 8 won't have the money to provide the services 9 and to follow the laws we pass. 10 So we have to confront the fact 11 that if we pass laws and we then need agencies 12 to implement the laws, they need budgets and 13 we have to balance our need for revenue with 14 our desire to always be the ones voting for 15 tax cuts. 16 So again, with respect to Senator 17 Bonacic, we have set up this dilemma. I just 18 think we have different answers to the 19 problem. 20 Thank you, Mr. President. I vote 21 no. 22 ACTING PRESIDENT ALESI: Senator 23 Liz Krueger will be recorded in the negative. 24 Announce the results. 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1475 are 2 Senators Adams, Breslin, Connor, Diaz, Duane, 3 Hassell-Thompson, Huntley, C. Johnson, Klein, 4 L. Krueger, C. Kruger, LaValle, Leibell, 5 Montgomery, Onorato, Oppenheimer, Padavan, 6 Perkins, Sabini, Savino, Schneiderman, 7 Serrano, Smith, Stachowski, Stavisky, 8 Stewart-Cousins and Valesky. 9 Ayes, 34. Nays, 27. 10 ACTING PRESIDENT ALESI: The bill 11 is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we could on the controversial calendar call 15 up Calendar Number 1427. 16 ACTING PRESIDENT ALESI: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 1427, by Senator Marcellino, Senate Print 20 3192, an act to amend the Vehicle and Traffic 21 Law and the New York City Charter. 22 ACTING PRESIDENT ALESI: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT ALESI: Senator 5 Padavan, to explain his vote. 6 SENATOR PADAVAN: Thank you very 7 much. 8 I want to thank Senator Marcellino 9 for amending this bill to provide for 10 reciprocity, meaning that if you're in 11 New York City and you go out to Nassau and you 12 have a handicapped permit and you park in one 13 of their spots, you will not get a ticket. 14 And the reverse would come into play. 15 My district being right on the 16 border of Nassau County, this has been a real 17 problem for my seniors, who unwittingly go 18 into Nassau to shop, they'll park in one of 19 these handicapped parking spaces and they'll 20 come out with a ticket. 21 Senator Marcellino has addressed 22 that, and I thank him for doing so. It makes 23 a great deal of sense to me, if you're 24 handicapped, you should be allowed to be in a 25 handicapped parking permit wherever you may

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(518) 371-8910 1 go, whether it be Nassau or New York City, at 2 any point in time. 3 ACTING PRESIDENT ALESI: Thank 4 you. Senator Padavan will be recorded in the 5 affirmative. 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1427 are 9 Senators Connor, Dilan, Hassell-Thompson, 10 Huntley, L. Krueger, Montgomery, Sabini, 11 Savino, Schneiderman and Stavisky. Also 12 Senator Perkins. 13 Ayes, 49. Nays, 11. 14 ACTING PRESIDENT ALESI: The bill 15 is passed. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 if we could now go to Senate Supplemental 19 Calendar 56A, controversial. 20 ACTING PRESIDENT ALESI: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1493, by Senator Nozzolio, Senate Print 1449, 24 an act to amend the Criminal Procedure Law and 25 the General Business Law.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Senator 2 Schneiderman. 3 SENATOR SCHNEIDERMAN: Thank you, 4 Mr. President. On the bill. 5 ACTING PRESIDENT ALESI: Senator 6 Schneiderman, on the bill. 7 SENATOR SCHNEIDERMAN: This is a 8 bill we have seen before, we've debated 9 before. And it addresses the question of the 10 need to have background checks, accurate 11 information, for any agency that seeks to 12 employ a law enforcement officer. So at the 13 request of a law enforcement agency, it 14 requires employers to disclose employment 15 information that could be relevant. 16 This is again an example of a bill 17 that is well-intended and that has some good 18 things in it but that has a lurking land mine 19 in Section 2, which for whatever reason -- I 20 think sort of pent-up, undirected 21 anti-trial-lawyer sentiment -- says "In the 22 absence of fraud or malice, no employer shall 23 be subject to any liability by virtue of 24 releasing information." 25 So that means there is no incentive

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(518) 371-8910 1 for people to ensure that we release accurate 2 information. I'm afraid this bill could have 3 the opposite intent of the noble intent with 4 which it is introduced. 5 This bill essentially requires 6 information to be produced relating to people 7 who might be in law enforcement but doesn't 8 require that the information be accurate. 9 Unless you're committing out-and-out fraud, 10 you could just pull any old file and send it 11 along, it doesn't matter. 12 This small portion of this 13 otherwise meritorious bill, in Section 2, 14 undercuts the entire effort. We don't just 15 need any information about potential law 16 enforcement officers, we need to ensure we get 17 accurate information. 18 I don't want to be looking at the 19 file of the person who is next in alphabetical 20 order after the person who we're concerned 21 with. We should take out this provision 22 before we pass the bill, in the absence of 23 fraud or malice. 24 Let's have the same standards for 25 liability for the failure to produce accurate

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(518) 371-8910 1 information that apply to everyone else: If 2 you make an innocent mistake, you're not 3 liable. If you commit gross negligence, have 4 no system of filing and make no effort to 5 verify that you're releasing the proper 6 information, then you should be liable. 7 Again, ladies and gentlemen, 8 passing a bad bill to address a serious 9 problem does not resolve that problem. It 10 ensures simply another round of 11 tree-destroying one-house bills passing in the 12 Senate and the Assembly. 13 I'm voting no on this. And I would 14 urge the sponsor, who I know is sincere in his 15 desire to make sure that employers produce 16 information that could be important in making 17 determinations as to whether or not someone is 18 qualified and equipped to serve as a law 19 enforcement officer -- I would urge the 20 sponsor to take this part out. 21 Let's not just get information 22 about law enforcement officers and applicants 23 for those positions, let's ensure that we get 24 accurate information. Until you take this 25 out, you are passing a bill with a license to

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(518) 371-8910 1 produce misleading, incomplete or inaccurate 2 information. 3 I urge everyone to vote no, 4 Mr. President. Thank you. 5 ACTING PRESIDENT ALESI: Thank 6 you, Senator Schneiderman. 7 Does any other Senator wish to be 8 heard? If not, the debate is closed. 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 120th day. 12 ACTING PRESIDENT ALESI: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT ALESI: Senator 16 Nozzolio. 17 SENATOR NOZZOLIO: Thank you, 18 Mr. President. I rise to explain my vote. 19 I appreciate the comments of my 20 colleague and friend Senator Schneiderman 21 regarding his concerns. But we are trying to, 22 in this legislation, ensure that we are 23 screening as well as recruiting the best 24 candidates for law enforcement peace officer 25 statute.

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(518) 371-8910 1 That this is an extremely important 2 position. We need to garner as much 3 information as possible. That we need to 4 ensure that there is no terrorism -- terrorist 5 infusion into our law enforcement, so 6 applicants and the screening of applicants has 7 never been more important. 8 That's why we're putting this 9 information there. It's not to preclude those 10 who deserve these types of positions, it's 11 to -- 12 ACTING PRESIDENT ALESI: Excuse 13 me, Senator. Thank you. 14 SENATOR NOZZOLIO: Thank you. 15 This provision is not to exclude 16 those who are law-abiding and shall be law 17 enforcement officers, it's to exclude those 18 who may have in their background some very 19 serious questionable conduct or character that 20 needs to be put forward. 21 Thank you, Mr. President. I vote 22 aye. 23 ACTING PRESIDENT ALESI: Announce 24 the results. 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 1493 are 2 Senators Adams, Breslin, Connor, Diaz, Dilan, 3 Duane, Gonzalez, Hassell-Thompson, Huntley, 4 L. Krueger, C. Kruger, Montgomery, Perkins, 5 Sabini, Sampson, Savino, Schneiderman, 6 Serrano, Smith, Stachowski and Stavisky. 7 Ayes, 40. Nays, 21. 8 ACTING PRESIDENT ALESI: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1515, by Senator Golden, Senate Print 4269A, 12 an act to amend the Criminal Procedure Law and 13 others. 14 ACTING PRESIDENT ALESI: Read the 15 last section. 16 THE SECRETARY: Section 8. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT ALESI: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT ALESI: Senator 22 Golden, to explain his vote. 23 SENATOR GOLDEN: On the bill, 24 Mr. President. 25 I rise to talk and to vote in favor

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(518) 371-8910 1 of this bill that is before us today. It was 2 here last year, and it's here again this year. 3 It was important last year, and it's more 4 important this year. 5 And if you see what's gone on in 6 the City of New York specifically, if you 7 detain a train, you take that line out of 8 service for a period of time, the services 9 that have to respond to it and the number of 10 people that are caused to be late to wherever 11 they may be going, whether it be school, to 12 hospital, work, home. That train service, 13 that line is out of service for not five 14 minutes or ten minutes, but you put that whole 15 system down for as long as 45 minutes. 16 People go in there and throw metal 17 bars on top of the third rail, causing the 18 entire system to go down. And we do not have 19 crimes on the books or in the Penal Law that 20 would prevent that and put these people in 21 jail for doing something that we believe is 22 wrong. 23 If you take a look at the blackout 24 that we had, people had to walk through those 25 train stations, up through those exits in the

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(518) 371-8910 1 dark, try to get through those areas to get to 2 safety. And they've got to step over boxes 3 and mattresses and pipes and rubble that's 4 placed there by people. That should not be in 5 our line. 6 If you take a look at what happened 7 last week where we see a fuel line that runs 8 to Kennedy Airport, right in my own community 9 and Senator Savino's community, there's that 10 fuel line running right underneath the track. 11 You've got to cut, you've got to go in and you 12 have access to that fuel line, to both the 13 N line and the R line. 14 If people don't believe that we 15 have to protect the citizenry of the city and 16 state of New York, if they think that we don't 17 have the responsibility to make sure that 18 people are safe across our city and state, 19 there's something wrong. 20 We have to protect them. That's 21 why we're here. This bill protects them. And 22 if we see what happened at Fort Dix last 23 month, we see what happened at Kennedy Airport 24 this month, they only got to be right once. 25 We seen what happened at 9/11.

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(518) 371-8910 1 So hopefully this bill becomes law, 2 we send it over to the Assembly and the 3 Assembly passes it and the good Governor signs 4 this bill. I vote yes, Mr. President. Thank 5 you. 6 ACTING PRESIDENT ALESI: Senator 7 Golden will be recorded in the affirmative. 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1515 are 11 Senators Bonacic, Connor, Duane, Farley, 12 Hassell-Thompson, Huntley, Little, Maziarz, 13 Montgomery, Perkins, Robach, Serrano and 14 Winner. Also Senator Griffo. 15 Ayes, 47. Nays, 14. 16 ACTING PRESIDENT ALESI: The bill 17 is passed. 18 Senator Skelos, that completes the 19 reading of the controversial calendar. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 would you please recognize Senator Robach. 23 ACTING PRESIDENT ALESI: Senator 24 Robach. 25 SENATOR ROBACH: Yes,

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(518) 371-8910 1 Mr. President. On page 17 I offer the 2 following amendments to Calendar Number 506, 3 Senate Print Number 186, and ask that the said 4 bill retain its place on Third Reading 5 Calendar. 6 ACTING PRESIDENT ALESI: The 7 amendments are received and adopted. 8 SENATOR ROBACH: Also on page 42, 9 I offer the following amendments to Calendar 10 1062, Senate Print Number 304, and ask that 11 the said bill retain its place on the Third 12 Reading Calendar. 13 ACTING PRESIDENT ALESI: The 14 amendments are received, and the bill will 15 retain its place on the Third Reading 16 Calendar. 17 SENATOR ROBACH: And, 18 Mr. President, last but not least, on page 24 19 I offer the following amendments to Calendar 20 Number 722, Senate Print Number 2328, and ask 21 that the said bill retain its place on Third 22 Reading Calendar. 23 ACTING PRESIDENT ALESI: The 24 amendments are received, and the bill will 25 retain its place on the Third Reading

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(518) 371-8910 1 Calendar. 2 SENATOR ROBACH: Thank you, 3 Mr. President. 4 ACTING PRESIDENT ALESI: Senator 5 Gonzalez. 6 SENATOR GONZALEZ: Mr. President, 7 pursuant to Rule 9, I was required to be at a 8 public meeting. And I would like to cast my 9 votes on the following bills on the 10 controversial calendar: Calendar Number 1451, 11 1475, and 1427 in the negative. 12 ACTING PRESIDENT ALESI: Thank 13 you, Senator. The record will so reflect. 14 Senator Valesky. 15 SENATOR VALESKY: Mr. President, 16 pursuant to Rule 9 I was required to be at a 17 six-way leadership public meeting. I cast my 18 vote as follows for bills on the controversial 19 calendar: Senate Print 1483, by Senator 20 Skelos, Calendar Number 1451, in the 21 affirmative. 22 ACTING PRESIDENT ALESI: Thank 23 you, Senator. The record will so reflect. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 is there any further business to come -- 2 ACTING PRESIDENT ALESI: Senator 3 Farley. 4 SENATOR FARLEY: Yes. On Senator 5 Golden's bill, I understand that that's only 6 restricted to New York City and Nassau and 7 Suffolk, Monroe. So -- and I would just like 8 to change my vote to yes. 9 SENATOR SKELOS: Mr. President. 10 ACTING PRESIDENT ALESI: Senator 11 Skelos. 12 SENATOR SKELOS: Senator Farley, 13 under the rules, we can't do that at this 14 point. 15 Mr. President, are there any 16 Senators that wish to be recognized? 17 ACTING PRESIDENT ALESI: Any 18 other Senators? 19 SENATOR SKELOS: Is there any 20 further business to come before the Senate? 21 ACTING PRESIDENT ALESI: No, 22 Senator, there is not. 23 SENATOR SKELOS: In consultation 24 with the Minority Leader, Senator Bruno hands 25 up the following committee assignments for

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(518) 371-8910 1 filing. 2 ACTING PRESIDENT ALESI: They 3 will be recorded. Thank you, Senator. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 there being no further business to come before 7 the Senate, I move we stand adjourned until 8 Thursday, June 7th, at 11:00 a.m. 9 ACTING PRESIDENT ALESI: On 10 motion, the Senate stands adjourned until 11 Thursday, June 7th, at 11:00 a.m. 12 (Whereupon, at 3:29 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910