Gaveled in 3:15 PM · Albany, New York · 2007–08 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 18, 2007 11 3:15 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25
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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 I would ask all those in the 5 chamber to please stand and join me in 6 observing our Pledge of Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, we will observe a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 THE PRESIDENT: Reading of the 14 Journal. 15 THE SECRETARY: In Senate, 16 Sunday, June 17, the Senate met pursuant to 17 adjournment. The Journal of Saturday, 18 June 16, was read and approved. On motion, 19 Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.
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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Fuschillo. 7 SENATOR FUSCHILLO: Thank you, 8 Mr. President. 9 I wish to call up my bill, Senate 10 Print Number 3555, recalled from the Assembly, 11 which is now at the desk. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 340, by Senator Fuschillo, Senate Print 3555, 16 an act to amend the General Business Law and 17 others. 18 SENATOR FUSCHILLO: I now move to 19 reconsider the vote by which the bill was 20 passed. 21 THE PRESIDENT: The Secretary 22 will call the roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 47. 25 SENATOR FUSCHILLO: I now offer
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(518) 371-8910 1 the following amendments. 2 THE PRESIDENT: The amendments 3 are received. 4 SENATOR FUSCHILLO: On behalf of 5 Senator Lanza, I wish to call up Senate Print 6 Number 1325A, recalled from the Assembly, 7 which is now at the desk. 8 THE PRESIDENT: The Secretary 9 will read Senate Print 1325A. 10 THE SECRETARY: Calendar Number 11 1485, by Senator Lanza, Senate Print 1325A, an 12 act to amend the Judiciary Law and the 13 Executive Law. 14 SENATOR FUSCHILLO: I now move to 15 reconsider the vote by which the bill was 16 passed. 17 THE PRESIDENT: Call the roll on 18 reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 47. 21 SENATOR FUSCHILLO: I now offer 22 the following amendments. 23 THE PRESIDENT: The amendments 24 are received. 25 SENATOR FUSCHILLO: On behalf of
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(518) 371-8910 1 Senator Lanza, I wish to call up Senate Print 2 Number 4260, recalled from the Assembly, which 3 is now at the desk. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: Calendar Number 7 837, by Senator Lanza, Senate Print 4260, an 8 act to amend the Lien Law. 9 SENATOR FUSCHILLO: I now move to 10 reconsider the vote by which the bill was 11 passed. 12 THE PRESIDENT: The Secretary 13 will call the roll on reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 47. 16 SENATOR FUSCHILLO: I now offer 17 the following amendments. 18 THE PRESIDENT: The amendments 19 are received, Senator. 20 SENATOR FUSCHILLO: On behalf of 21 Senator DeFrancisco, I wish to call up Senate 22 Print 4877, recalled from the Assembly, which 23 is now at the desk. 24 THE PRESIDENT: The Secretary 25 will read.
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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1118, by Senator DeFrancisco, Senate Print 3 4877, an act to amend the Domestic Relations 4 Law. 5 SENATOR FUSCHILLO: I now move to 6 reconsider the vote by which the bill was 7 passed. 8 THE PRESIDENT: The Secretary 9 will now call the roll on reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 47. 12 SENATOR FUSCHILLO: I now offer 13 the following amendments. 14 THE PRESIDENT: Those amendments 15 are received, Senator. 16 SENATOR FUSCHILLO: On behalf of 17 Senator Larkin, I wish to call up Senate Print 18 Number 4059, recalled from the Assembly, which 19 is now at the desk. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Calendar Number 23 613, by Senator Larkin, Senate Print 4059, an 24 act to amend the Racing, Pari-Mutuel Wagering 25 and Breeding Law.
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(518) 371-8910 1 SENATOR FUSCHILLO: I now move to 2 reconsider the vote by which the bill was 3 passed. 4 THE PRESIDENT: The Secretary 5 will call the roll on reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 47. 8 SENATOR FUSCHILLO: I now offer 9 the following amendments. 10 THE PRESIDENT: Senator, the 11 amendments are received. 12 SENATOR FUSCHILLO: On behalf of 13 Senator Saland, I wish to call up Senate Print 14 Number 1465A, recalled from the Assembly, 15 which is now at the desk. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 571, by Senator Saland, Senate Print 1465A, an 20 act to amend the Real Property Tax Law. 21 SENATOR FUSCHILLO: I now move to 22 reconsider the vote by which the bill was 23 passed. 24 THE PRESIDENT: Call the roll on 25 reconsideration.
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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 51. 3 SENATOR FUSCHILLO: I now offer 4 the following amendments. 5 THE PRESIDENT: Senator, the 6 amendments are received. 7 SENATOR FUSCHILLO: Mr. 8 President, I wish to call up my bill, Senate 9 Print Number 1537, recalled from the Assembly, 10 which is now at the desk. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 82, by Senator Fuschillo, Senate Print 1537, 15 an act to amend the Labor Law. 16 SENATOR FUSCHILLO: I now move to 17 reconsider the vote by which the bill was 18 passed. 19 THE PRESIDENT: Call the roll on 20 reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 51. 23 SENATOR FUSCHILLO: I now offer 24 the following amendments. 25 THE PRESIDENT: The amendments
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(518) 371-8910 1 are received. 2 SENATOR FUSCHILLO: Thank you. 3 THE PRESIDENT: The chair 4 recognizes Senator Seward. 5 SENATOR SEWARD: Thank you, 6 Mr. President. 7 I wish to call up my bill, Senate 8 Print Number 806, recalled from the Assembly, 9 which is now at the desk. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: Calendar Number 13 307, by Senator Seward, Senate Print 806, an 14 act to amend Chapter 340 of the Laws of 2005. 15 SENATOR SEWARD: Mr. President, I 16 now move to reconsider the vote by which this 17 bill was passed. 18 THE PRESIDENT: The Secretary 19 will call the roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 51. 22 SENATOR SEWARD: Mr. President, I 23 now offer the following amendments. 24 THE PRESIDENT: Senator Seward, 25 the amendments are received.
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(518) 371-8910 1 SENATOR SEWARD: Thank you. 2 And also, Mr. President, I wish to 3 call up my bill, Senate Print Number 4790, 4 recalled from the Assembly, which is now at 5 the desk. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Calendar Number 9 1078, by Senator Seward, Senate Print 4790, an 10 act in relation to transportation contracts. 11 THE PRESIDENT: Let me guess. 12 SENATOR SEWARD: Yes, 13 Mr. President, I bet you're right, I now move 14 to reconsider the vote by which this bill was 15 passed. 16 THE PRESIDENT: The Secretary 17 will call the roll on reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 51. 20 SENATOR SEWARD: Mr. President, I 21 now offer the following amendments. 22 THE PRESIDENT: The amendments 23 are gratefully received, Senator Seward. 24 SENATOR SEWARD: On behalf of 25 Senator Saland, I wish to call up his bill,
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(518) 371-8910 1 Senate Print Number 3577, recalled from the 2 Assembly, which is now at the desk. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: Calendar Number 6 670, by Senator Saland, Senate Print 3577, an 7 act to amend the Education Law. 8 SENATOR SEWARD: Mr. President, I 9 now move to reconsider the vote by which this 10 bill was passed. 11 THE PRESIDENT: Call the roll on 12 reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 51. 15 SENATOR SEWARD: Mr. President, I 16 now offer the following amendments. 17 THE PRESIDENT: The amendments 18 are received. 19 SENATOR SEWARD: One more. On 20 behalf of Senator Maziarz, I wish to call up 21 his bill, Senate Print Number 255. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 317, by Senator Maziarz, Senate Print 255, an
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(518) 371-8910 1 act to amend the Penal Law and the Agriculture 2 and Markets Law. 3 SENATOR SEWARD: Mr. President, I 4 now move to reconsider the vote by which this 5 bill was passed. 6 THE PRESIDENT: Call the roll on 7 reconsideration. 8 THE SECRETARY: Ayes, 53. 9 SENATOR SEWARD: Mr. President, I 10 now offer the following amendments to that 11 bill. 12 THE PRESIDENT: Thank you, 13 Senator. The amendments are received. 14 Senator Farley. 15 SENATOR FARLEY: Thank you, 16 Mr. President. This is the same thing. 17 I wish to call up, on behalf of 18 Senator Nozzolio, Senate Print Number 4811, 19 it's recalled from the Assembly, and it's now 20 at your desk. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: Calendar Number 24 1565, by Senator Nozzolio, Senate Print 4811, 25 an act to amend the General Municipal Law.
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(518) 371-8910 1 SENATOR FARLEY: Mr. President, I 2 now move to reconsider the vote by which this 3 bill passed. 4 THE PRESIDENT: Call the roll on 5 reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 53. 8 SENATOR FARLEY: I now offer the 9 following amendments. 10 THE PRESIDENT: The amendments 11 are received, Senator Farley. 12 SENATOR FARLEY: On behalf of 13 Senator Young, Mr. President, I wish to call 14 up her bill, Senate Print Number 5995, it's 15 recalled from the Assembly, and it's now at 16 the desk. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Calendar Number 20 1544, by Senator Young, Senate Print 5995, an 21 act to authorize the conveyance. 22 SENATOR FARLEY: Mr. President, I 23 now move to reconsider the vote by which this 24 bill passed. 25 THE PRESIDENT: Call the roll on
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(518) 371-8910 1 reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 53. 4 SENATOR FARLEY: I now offer the 5 following amendments. 6 THE PRESIDENT: Senator Farley, 7 the amendments are received. 8 SENATOR FARLEY: Thank you. 9 I wish to call up Senator Volker's 10 bill, Print Number 1263A, it's recalled from 11 the Assembly, and it's now at the desk. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 67, by Senator Volker, Senate Print 1263A, an 16 act to amend the Penal Law. 17 SENATOR FARLEY: I now move to 18 reconsider the vote by which this bill passed. 19 THE PRESIDENT: The Secretary 20 will call the roll on reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 53. 23 SENATOR FARLEY: I now offer the 24 following amendments. 25 THE PRESIDENT: The amendments
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(518) 371-8910 1 are received. 2 SENATOR FARLEY: Mr. President, 3 I'm going to make amendments to the following 4 Third Reading Calendar bills. 5 On behalf of Senator Skelos, page 6 18, Calendar Number 636, Senate Print 4058A; 7 On behalf of Senator Young, on 8 page 20, Calendar Number 717, Senate Print 9 4334; 10 On behalf of Senator Libous, on 11 page 23, Calendar Number 812, Senate Print 12 2152; 13 On behalf of Senator Griffo, on 14 page 33, Calendar Number 1120, Senate Print 15 5482B; 16 On behalf of Senator Libous, on 17 page 35, Calendar Number 1150, Senate Print 18 1589C; 19 On behalf of Senator Marcellino, on 20 page 37, Calendar Number 1200, Senate Print 21 4833; 22 On behalf of Senator Seward, on 23 page 39, Calendar Number 1265, Senate Print 24 5800; 25 On behalf of myself, Senator
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(518) 371-8910 1 Farley, on page 39, Calendar Number 1276, 2 Senate Print 5288A; 3 On behalf of Senator Skelos, on 4 page 43, Calendar Number 1356, Senate Print 5 4886A; 6 On behalf of Senator Nozzolio, on 7 page 48, Calendar Number 1635, Senate Print 8 5037A; 9 On behalf of Senator Saland, on 10 page 45, Calendar Number 1397, Senate Print 11 5752; 12 On behalf of Senator Lanza, on 13 page 51, Calendar Number 1719, Senate Print 14 4922; 15 On behalf of Senator Rath, on 16 page 51, Calendar Number 1721, Senate Print 17 5286; 18 And on behalf of Senator Lanza, on 19 page 52, Calendar Number 1727, Senate Print 20 5973A. 21 Mr. President, I move that these 22 bills retain their place on the Third Reading 23 Calendar. 24 THE PRESIDENT: Senator Farley, 25 the amendments to all of these bills are
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(518) 371-8910 1 received and adopted. The bills will retain 2 their place on the Third Reading Calendar. 3 SENATOR FARLEY: Thank you, 4 Mr. President. 5 THE PRESIDENT: Senator Nozzolio. 6 SENATOR NOZZOLIO: Thank you, 7 Mr. President. 8 On page number 7, on behalf of 9 Senator Robach, I offer the following 10 amendments to Calendar Number 216, Senate 11 Print 3071, and ask that said bill retain its 12 place on the Third Reading Calendar. 13 THE PRESIDENT: Senator Nozzolio, 14 those amendments are received and adopted. 15 The bill will retain, as you requested, its 16 place on the Third Reading Calendar. 17 SENATOR NOZZOLIO: Thank you, 18 Mr. President. 19 Mr. President, on behalf of Senator 20 Fuschillo, I wish to call up Senate Print 21 Number 5780, recalled from the Assembly, which 22 is now at the desk. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number
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(518) 371-8910 1 1250, by Senator Fuschillo, Senate Print 5780, 2 an act to amend the Penal Law and the Vehicle 3 and Traffic Law. 4 SENATOR NOZZOLIO: Mr. President, 5 I now move to reconsider the vote by which the 6 bill was enacted. 7 THE PRESIDENT: The Secretary 8 will call the roll on reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 53. 11 SENATOR NOZZOLIO: Mr. President, 12 on behalf of Senator Fuschillo, I now offer 13 the following amendments. 14 THE PRESIDENT: Those amendments 15 are received, Senator Nozzolio. 16 The chair recognizes Senator 17 Winner. 18 SENATOR WINNER: Thank you, 19 Mr. President. 20 Amendments are offered to the 21 following Third Reading Calendar bills: 22 By Senator LaValle, page 7, 23 Calendar Number 248, Senate Print Number 24 2426A; 25 Senator Morahan, page 40, Calendar
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(518) 371-8910 1 Number 1279, Senate Print Number 4475; 2 Senator Volker, page 49, Calendar 3 Number 1685, Senate Print Number 6081; 4 By Senator Saland, page number 52, 5 Calendar Number 1725, Senate Print Number 6 5672; 7 By Senator Maltese, page 27, 8 Calendar Number 943, Senate Print Number 1282; 9 By Senator Marcellino, page 46, 10 Calendar Number 1419, Senate Print Number 11 634B. 12 Mr. President, I now move that 13 these bills retain their place on the order of 14 third reading. 15 THE PRESIDENT: The amendments 16 are received and adopted, Senator Winner. All 17 of the bills will retain their place on the 18 Third Reading Calendar. 19 The chair recognizes Senator 20 C. Johnson. 21 SENATOR CRAIG JOHNSON: Thank you 22 very much, Mr. President. 23 Mr. President, I wish to call up, 24 on behalf of Senator Carl Kruger, Senate Print 25 Number 4542, recalled from the Assembly, which
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(518) 371-8910 1 is now at the desk. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Calendar Number 5 1326, by Senator C. Kruger, Senate Print 4542, 6 an act to amend the Family Court Act and the 7 Criminal Procedure Law. 8 SENATOR CRAIG JOHNSON: Mr. 9 President, I now move to reconsider the vote 10 by which this bill was passed. 11 THE PRESIDENT: The Secretary 12 will call the roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 53. 15 SENATOR CRAIG JOHNSON: Mr. 16 President, I now offer the following 17 amendments. 18 THE PRESIDENT: Those amendments 19 are received, Senator Johnson. 20 SENATOR CRAIG JOHNSON: Thank 21 you, Mr. President. 22 Mr. President, on behalf of Senator 23 Carl Kruger, on page number 43 I offer the 24 following amendments to Calendar Number 1327, 25 Print Number 4546, and ask that said bill
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(518) 371-8910 1 retain its place on the third reading of the 2 calendar. 3 THE PRESIDENT: Those amendments 4 are received and adopted. The bill will 5 retain its place on the Third Reading 6 Calendar. 7 SENATOR CRAIG JOHNSON: Thank 8 you, Mr. President. 9 Also, Mr. President, on behalf of 10 Senator Carl Kruger, on page number 21 I offer 11 the following amendments to Calendar Number 12 738, Senate Print Number 4838, and ask that 13 said bill will retain its place on the Third 14 Reading Calendar. 15 THE PRESIDENT: The amendments 16 are received and adopted. The bill will 17 retain its place on the Third Reading 18 Calendar. 19 SENATOR CRAIG JOHNSON: Thank 20 you, Mr. President. 21 SENATOR FUSCHILLO: Mr. 22 President. 23 THE PRESIDENT: Senator 24 Fuschillo. 25 SENATOR FUSCHILLO: Are there any
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(518) 371-8910 1 substitutions at the desk? 2 THE PRESIDENT: Yes, there are. 3 The Secretary will read. 4 THE SECRETARY: On page 20, 5 Senator Fuschillo moves to discharge, from the 6 Committee on Rules, Assembly Bill Number 1044A 7 and substitute it for the identical Senate 8 Bill Number 1548A, Third Reading Calendar 721. 9 On page 27, Senator Nozzolio moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 3818A and substitute it 12 for the identical Senate Bill Number 583A, 13 Third Reading Calendar 937. 14 On page 31, Senator Winner moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 8632 and substitute it 17 for the identical Senate Bill Number 3667A, 18 Third Reading Calendar 1020. 19 On page 39, Senator Golden moves to 20 discharge, from the Committee on Tourism, 21 Recreation and Sports Development, Assembly 22 Bill Number 1239 and substitute it for the 23 identical Senate Bill Number 2858, Third 24 Reading Calendar 1274. 25 On page 41, Senator Young moves to
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(518) 371-8910 1 discharge, from the Committee on Judiciary, 2 Assembly Bill Number 2582 and substitute it 3 for the identical Senate Bill Number 376, 4 Third Reading Calendar 1298. 5 On page 44, Senator Trunzo moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 2757 and substitute it 8 for the identical Senate Bill Number 1341, 9 Third Reading Calendar 1366. 10 On page 50, Senator LaValle moves 11 to discharge, from the Committee on Judiciary, 12 Assembly Bill Number 6022 and substitute it 13 for the identical Senate Bill Number 2068, 14 Third Reading Calendar 1707. 15 On page 51, Senator LaValle moves 16 to discharge, from the Committee on Rules, 17 Assembly Bill Number 6065 and substitute it 18 for the identical Senate Bill Number 3220, 19 Third Reading Calendar 1710. 20 On page 51, Senator LaValle moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 6622 and substitute it 23 for the identical Senate Bill Number 3822, 24 Third Reading Calendar 1712. 25 On page 51, Senator Padavan moves
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(518) 371-8910 1 to discharge, from the Committee on Rules, 2 Assembly Bill Number 7892 and substitute it 3 for the identical Senate Bill Number 3826, 4 Third Reading Calendar 1713. 5 And on page 51, Senator Rath moves 6 to discharge, from the Committee on Rules, 7 Assembly Bill Number 7175A and substitute it 8 for the identical Senate Bill Number 4220A, 9 Third Reading Calendar 1714. 10 THE PRESIDENT: Substitutions 11 ordered. 12 Senator Fuschillo. 13 SENATOR FUSCHILLO: Mr. 14 President, there was a previously adopted 15 resolution at the desk by Senator Young. May 16 we please have the resolution read in its 17 entirety. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: By Senator Young, 21 Legislative Resolution Number 2506, 22 congratulating student-athlete Rayanna 23 Anderson upon the occasion of capturing the 24 2007 United States Girls Wrestling Association 25 National Championship.
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(518) 371-8910 1 "WHEREAS, Athletic competition 2 enhances the moral and physical development of 3 the young people of this state, preparing them 4 for the future by instilling in them the value 5 of teamwork, encouraging a standard of healthy 6 living, imparting a desire for success, and 7 developing a sense of fair play and 8 competition; and 9 "WHEREAS, It is the sense of this 10 Legislative Body to recognize and pay tribute 11 to those young people within the State of 12 New York who, by achieving outstanding success 13 in athletic competition, have inspired and 14 brought pride to their school and community; 15 and 16 "WHEREAS, Attendant to such 17 concern, and in full accord with its 18 long-standing traditions, this Legislative 19 Body is justly proud to congratulate 20 student-athlete Rayanna Anderson upon the 21 occasion of capturing the 2007 United States 22 Girls Wrestling Association National 23 Championship; and 24 "WHEREAS, A student at Immaculate 25 Conception School, Rayanna Anderson wrestles
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(518) 371-8910 1 for the Wellsville Junior Wrestling Club. She 2 won the national title in Livonia, Michigan, 3 with three pins, a technical fall and a 4 decision; and 5 "WHEREAS, Rayanna Anderson began 6 with an 18-0 victory over Kandice Bredlinger 7 of Pennsylvania, and then won the championship 8 with a 39-second pin over Alexandria Fiore of 9 Dayton, Ohio; and 10 "WHEREAS, After the championship 11 win, Rayanna Anderson improved to a record of 12 155-41 with 99 pins, including a 36-9 season; 13 and 14 "WHEREAS, Rayanna Anderson's 15 overall record is outstanding. She was 16 loyally and enthusiastically supported by 17 family, fans, friends and the community at 18 large; and 19 "WHEREAS, Sports competition 20 instills the values of teamwork, pride and 21 accomplishment, and Rayanna Anderson has 22 clearly made a contribution to the spirit of 23 excellence which is a tradition of her club; 24 now, therefore, be it 25 "RESOLVED, That this Legislative
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(518) 371-8910 1 Body pause in its deliberations to 2 congratulate student-athlete Rayanna Anderson 3 upon the occasion of capturing the 2007 United 4 States Girls Wrestling Association National 5 Championship; and be it further 6 "RESOLVED, That a copy of this 7 resolution, suitably engrossed, be transmitted 8 to Rayanna Anderson." 9 THE PRESIDENT: On the 10 resolution, Senator Young. 11 SENATOR YOUNG: Thank you, 12 Mr. President. 13 I'd like to have Rayanna stand up 14 so everyone can see her. Rayanna is 9 years 15 old. She's a student at Immaculate Conception 16 School. And she is one of the most dynamic, 17 confident, smart and articulate people I think 18 I've ever met. 19 She did extremely well, and it is 20 such a great accomplishment to capture the 21 2007 U.S. Girls Wrestling Association National 22 Championship. And Rayanna is so famous now 23 that she even gave me her own sports card. It 24 has her picture on it, it has all her stats on 25 it. And we're very proud of everything that
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(518) 371-8910 1 she's done. 2 She's joined by her parents, John 3 Anderson and Kasey Anderson; her two brothers, 4 Nicholas and Brendan; and a friend, Bernie 5 Riley. 6 And Rayanna told me that it was 7 actually through her brothers that she got 8 involved in wrestling, because she was 9 watching one day and the next thing you knew 10 she was out there wrestling also. And the 11 coach decided that she was a natural, and so 12 the rest is history. 13 We are all aware of the values that 14 team sports provide for our young people -- 15 teamwork and leadership, among others. And 16 wrestling is unique because once that match 17 begins, it's purely individual. And for a 18 sport that's so focused on the individual, I 19 think it's quite amazing that Rayanna compiled 20 a 155 to 41 record overall, with 99 pins. And 21 her most recent season saw her go by 36 to 9. 22 It truly is a remarkable achievement. 23 And I do want to mention that she 24 also was the 2006 New York State Girls 25 Wrestling Champion.
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(518) 371-8910 1 So, Mr. President, I'm glad that we 2 have this resolution today. I think it's fine 3 young people like Rayanna who are our future. 4 And, Rayanna, I want you to just 5 keep it up and go get 'em. And hopefully 6 you'll come back to Albany in the future with 7 even more championships. Okay? 8 Congratulations. 9 THE PRESIDENT: This resolution 10 was adopted on May 30th, so we don't have to 11 vote on it. We have already passed it 12 unanimously. 13 Rayanna Anderson is, as described 14 by Senator Young, in the gallery, along with 15 her parents, John and Kasey; her brothers, 16 Nicholas and Brendan; and her friend Bernie 17 Riley. 18 She is the winner of the United 19 States Girls Wrestling Association National 20 Championship for the year 2007. 21 Rayanna, congratulations. And 22 every time you win another championship, come 23 back here and the Senate will recognize you 24 again. Thank you very much. 25 (Applause.)
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(518) 371-8910 1 THE PRESIDENT: Senator 2 Fuschillo. 3 SENATOR FUSCHILLO: Mr. 4 President, there is a resolution at the desk, 5 2891, by Senator Griffo. Would you please 6 have it read in its entirety. 7 THE PRESIDENT: Resolution 2891, 8 by Senator Griffo. The Secretary will read. 9 SENATOR FUSCHILLO: Thank you. 10 THE SECRETARY: By Senator 11 Griffo, Legislative Resolution Number 2891, 12 congratulating the Thomas R. Proctor High 13 School Varsity Baseball Team and Coach Dave 14 Guido upon the occasion of capturing the 15 New York State Public High School Athletic 16 Association Class AA Championship. 17 "WHEREAS, Excellence and success in 18 competitive sports can be achieved only 19 through strenuous practice, team play and team 20 spirit, nurtured by dedicated coaching and 21 strategic planning; and 22 "WHEREAS, Athletic competition 23 enhances the moral and physical development of 24 the young people of this state, preparing them 25 for the future by instilling in them the value
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(518) 371-8910 1 of teamwork, encouraging a standard of healthy 2 living, imparting a desire for success, and 3 developing a sense of fair play and 4 competition; and 5 "WHEREAS, The Thomas R. Proctor 6 High School Varsity Baseball Team are the 7 New York State Public High School Athletic 8 Association Class AA champions; and 9 "WHEREAS, In winning the Class AA 10 championship, which includes the largest 11 schools in New York State, the Thomas R. 12 Proctor High School Varsity Baseball Team 13 defeated North Rockland High 3-2, and also 14 defending state champion Massapequa 2-1 in the 15 semifinal game both at NYSEG Stadium in 16 Binghamton; and 17 "WHEREAS, The athletic talent 18 displayed by this team is due in great part to 19 the efforts of Coach Dave Guido and his team 20 of outstanding assistant coaches, skilled and 21 inspirational tutors respected for their 22 ability to develop potential into excellence; 23 and 24 "WHEREAS, The team's overall record 25 is outstanding, and the team members were
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(518) 371-8910 1 loyally and enthusiastically supported by 2 family, fans, friends and the community at 3 large; and 4 "WHEREAS, The hallmarks of the 5 Thomas R. Proctor High School Varsity Baseball 6 Team, from the opening game of the season to 7 participation in the championship, were a 8 brotherhood of athletic ability, of good 9 sportsmanship, of honor and of scholarship, 10 demonstrating that these team players are 11 second to none; and 12 "WHEREAS, Athletically and 13 academically, the team members have proven 14 themselves to be an unbeatable combination of 15 talents, reflecting favorably on their school; 16 and 17 "WHEREAS, Coach Guido and his 18 dedicated staff have done a superb job in 19 guiding, molding and inspiring the team 20 members toward their goals; and 21 "WHEREAS, Sports competition 22 instills the values of teamwork, pride and 23 accomplishment, and Coach Dave Guido and these 24 outstanding athletes have clearly made a 25 contribution to the spirit of excellence which
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(518) 371-8910 1 is a tradition of their school; now, 2 therefore, be it 3 "RESOLVED, That this Legislative 4 Body pause in its deliberations to 5 congratulate the Thomas R. Proctor High School 6 Varsity Baseball Team, its members -- Joe 7 Barry, A.J. Bates, Carmen Bossone, Ed 8 Constantine, Rafael Cordero, Adam Dee, Ryan 9 Donovan, Jacob Henry, Jack Lottermoser, Mike 10 Mason, Joe Mazzara, Nick Mishlanie, Brandon 11 O'Connor, Joe Perrotta, Sean Redmond, Rob 12 Roth, Steve Sarcone, Mike Scotellaro, Jason 13 Simone, Mark Vandreason, and Devon Warmack -- 14 and Coaches Dave Guido, Jim Lasher and Fred 15 Orsino on their outstanding season and overall 16 team record; and be it further 17 "RESOLVED, That copies of this 18 resolution, suitably engrossed, be transmitted 19 to the Thomas R. Proctor High School Varsity 20 Baseball Team." 21 THE PRESIDENT: On the 22 resolution, the chair recognizes Senator 23 Griffo. 24 SENATOR GRIFFO: Thank you, 25 Mr. President.
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(518) 371-8910 1 It's an honor today to have these 2 fine young athletes here, along with Rayanna. 3 Perhaps you want to invite Rayanna to the next 4 leaders' meeting as you wrestle with the 5 issues confronting the remainder of our 6 session, Mr. Lieutenant Governor. 7 To the young men from Proctor and 8 to Coach Guido -- Tommy is also an Italian, so 9 sometimes he doesn't get it completely right, 10 but it's Coach Guido. He has been the coach 11 of the Proctor Raiders for over 22 years. 12 He's done an extraordinary job during that 13 time. 14 These young professional athletes 15 who are with us today -- young amateur 16 athletes, someday hopefully their designs on 17 professional sports -- have done an 18 extraordinary job. They had a year where they 19 were 22-4-1. 20 Coach Guido has brought other teams 21 to the Final Four six times in his tenure, in 22 the over 22 years he's been the coach. But 23 this year they won not only the Section III 24 championship but also the Class AA, which is 25 the largest division in high school athletics.
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(518) 371-8910 1 To win that state championship after a very 2 challenging year is a true credit to these 3 young athletes. 4 So today we're proud that you came 5 here to Albany, because you deserve to be 6 recognized, not only because you are 7 extraordinary athletes but equally because 8 you're exceptional young men and you have 9 served as great role models to many young 10 people in the community. And you also, as you 11 played throughout this state, showcased the 12 great quality of our area, and you did that 13 with poise, confidence and with great honor. 14 So I want to congratulate each and 15 every one of you, to the coaches, the 16 assistant coaches, the managers and the 17 players. Coach Guido, thank you. 18 Congratulations. If you would all 19 stand and be recognized. 20 (Applause.) 21 THE PRESIDENT: That resounding 22 round of applause indicates probably a 23 favorable resolution, but we do have to vote 24 on the resolution. 25 All those in favor of the
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(518) 371-8910 1 resolution honoring the young high school 2 champions from Thomas R. Proctor High School, 3 the city of Utica, please indicate so by 4 saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The resolution is 9 adopted. 10 On behalf of the Senate, Coach 11 Guido, we thank all of you for coming here to 12 the chamber today. A well-deserved victory 13 over North Rockland County and also defending 14 champion Massapequa. We are very much in awe 15 of the great achievements not only that your 16 students have rendered on the field but their 17 performance in class and around the school off 18 the field. 19 Congratulations. And please 20 remember that all of us here in the Senate 21 today pay homage to your effort. Thank you 22 very much. 23 Senator Fuschillo. 24 SENATOR FUSCHILLO: Mr. 25 President, there's a resolution at the desk,
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(518) 371-8910 1 2914, by Senator Morahan. 2 THE PRESIDENT: Resolution 2914, 3 by Senator Morahan, the Secretary will read. 4 THE SECRETARY: By Senator 5 Morahan, Legislative Resolution Number 2914, 6 honoring Mary Ann Prior upon the occasion of 7 her retirement as the Coordinator of Health 8 Service for the Clarkstown Central School 9 District. 10 THE PRESIDENT: On the 11 resolution, all in favor please indicate so by 12 saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The resolution is 17 adopted. 18 Senator Fuschillo. 19 SENATOR FUSCHILLO: Mr. 20 President, may we please have the 21 noncontroversial reading of the calendar. 22 THE PRESIDENT: The Secretary 23 will present a noncontroversial reading of the 24 calendar. 25 THE SECRETARY: Calendar Number
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(518) 371-8910 1 103, by Senator Morahan, Senate Print 249A, an 2 act to amend the General Business Law and the 3 Executive Law. 4 THE PRESIDENT: The Secretary 5 will read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the 120th day. 8 THE PRESIDENT: The Secretary 9 will call the roll. 10 (The Secretary called the roll.) 11 THE PRESIDENT: And the Secretary 12 will announce the results. 13 THE SECRETARY: Ayes, 55. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 280, by Senator Morahan, Senate Print -- 18 SENATOR DUANE: Lay it aside, 19 please. 20 THE PRESIDENT: The bill is laid 21 aside. 22 THE SECRETARY: Calendar Number 23 288, by Senator Lanza, Senate Print 2693B, an 24 act to amend the General Business Law. 25 THE PRESIDENT: Read the last
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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 90th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 381, by Senator Morahan, Senate Print 2586A, 11 an act to amend the Surrogate's Court 12 Procedure Act. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 505, by Senator Rath, Senate Print 4009B, an 24 act to amend the Social Services Law. 25 THE PRESIDENT: Read the last
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(518) 371-8910 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 624, by Senator Robach, Senate Print 2616B, an 11 act to amend the State Finance Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 8. This 15 act shall take effect on the first of January 16 next succeeding. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 714, by Senator Larkin, Senate Print 1046A, an 24 act to amend the Agriculture and Markets Law. 25 THE PRESIDENT: Read the last
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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 721, substituted earlier today by Member of 11 the Assembly Weisenberg, Assembly Print Number 12 1044A, an act to amend the Public Health Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 120th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 728, by Senator Farley, Senate Print 849A, an 24 act to amend the Social Services Law. 25 THE PRESIDENT: Read the last
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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 60th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 792, by Senator Little, Senate Print 1054, an 11 act to amend the Real Property Tax Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 55. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 832, by Senator Fuschillo -- 23 SENATOR FUSCHILLO: Lay it aside 24 temporarily. 25 THE PRESIDENT: The bill is laid
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(518) 371-8910 1 aside temporarily. 2 THE SECRETARY: Calendar Number 3 844, by Senator DeFrancisco, Senate Print 4 5089A, an act to amend the Real Property Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect January 1, 2008. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 55. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 857, by Senator Golden, Senate Print 209, an 16 act to amend the Public Health Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 55. 24 THE PRESIDENT: The bill is 25 passed.
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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 937, substituted earlier today by Member of 3 the Assembly Gottfried, Assembly Print Number 4 3818A, an act to amend the Labor Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 120th day. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 55. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 961, by Senator DeFrancisco, Senate Print 36, 16 an act to amend the Public Health Law and the 17 State Finance Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 120th day. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. 25 THE PRESIDENT: The bill is
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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1020, substituted earlier by Member of the 4 Assembly Destito, Assembly Print Number 8632, 5 an act to amend Chapter 674 of the Laws of 6 1993. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 55. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1063, by Senator DeFrancisco, Senate Print 18 3959, an act to amend the New York State 19 Defense Emergency Act. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)
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(518) 371-8910 1 THE SECRETARY: Ayes, 54. Nays, 2 1. Senator Duane recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1128, by Senator DeFrancisco, Senate Print 7 4116A, an act to amend the General Municipal 8 Law. 9 THE PRESIDENT: The Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 54. Nays, 16 1. Senator Duane recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1151, by Senator Larkin, Senate Print 4293A, 21 an act to amend the Highway Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.
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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 55. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1178, by Senator Stachowski, Senate Print 8 2803, an act to amend the Labor Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 55. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1189, by Senator Marcellino, Senate Print 20 5157A, an act to authorize the City of Glen 21 Cove. 22 THE PRESIDENT: There is a 23 home-rule message at the desk. 24 The Secretary will read the last 25 section.
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(518) 371-8910 1 THE SECRETARY: Section 8. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 55. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1204, by Senator Lanza, Senate Print 5583, an 10 act to amend the Environmental Conservation 11 Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 55. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1238, by Senator Thompson, Senate Print 3628, 23 an act to amend the Civil Practice Law and 24 Rules. 25 THE PRESIDENT: Read the last
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(518) 371-8910 1 section. 2 THE SECRETARY: Section 4. This 3 act shall take effect on the 180th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1274, substituted earlier today by Member of 11 the Assembly -- 12 SENATOR FUSCHILLO: Lay it aside 13 for the day, please. 14 THE PRESIDENT: The bill is laid 15 aside for the day. 16 THE SECRETARY: Calendar Number 17 1298, substituted earlier by Member of the 18 Assembly Parment, Assembly Print Number 2582, 19 an act to amend the Uniform Justice Court Act. 20 THE PRESIDENT: There is a local 21 fiscal impact notice at the desk. 22 Please read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 55. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1303, by Senator Winner, Senate Print 3228, an 7 act to amend the Uniform Justice Court Act and 8 the Town Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 55. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calender Number 19 1306, by Senator Volker, Senate Print 4874, an 20 act to amend the Real Property Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of January. 25 THE PRESIDENT: Call the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 55. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1335, by Senator Seward, Senate Print 2139, an 7 act relating to the Department of Health 8 approval. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 55. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1366, substituted earlier today by Member of 20 the Assembly Eddington, Assembly Print Number 21 2757, an act to amend the General Municipal 22 Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This
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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1393, by Senator Rath, Senate Print 5475, an 9 act to authorize the City of Batavia. 10 THE PRESIDENT: There is a 11 home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE PRESIDENT: Results. 18 THE SECRETARY: Ayes, 55. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1433, by Senator Marcellino, Senate Print -- 23 SENATOR DUANE: Lay it aside, 24 please. 25 THE PRESIDENT: The bill is laid
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(518) 371-8910 1 aside by the Acting Minority Leader, Senator 2 Duane. 3 THE SECRETARY: Calendar Number 4 1530, by Senator LaValle, Senate Print 5526A, 5 an act to amend the Social Services Law and 6 the Correction Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 55. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1578, by Senator Wright, Senate Print 3490A, 18 an act in relation to authorizing the Village 19 of Alexandria Bay. 20 THE PRESIDENT: There is a 21 home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: Results. 3 THE SECRETARY: Ayes, 55. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1590, by Senator Maziarz, Senate Print 5906A, 8 an act to amend the Parks, Recreation and 9 Historic Preservation Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the first of April. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 55. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1592, by the Senate Committee on Rules, Senate 21 Print Number 5983, an act to amend the Tax 22 Law. 23 THE PRESIDENT: There is a local 24 fiscal impact note at the desk. 25 Read the last section.
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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first day of the 3 sales tax quarterly period. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. Nays, 7 2. Senators Duane and L. Krueger recorded in 8 the negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1637, by the Senate Committee on Rules, Senate 13 Print 5988 -- 14 SENATOR DUANE: Lay it aside, 15 please. 16 THE PRESIDENT: The bill is laid 17 aside. 18 THE SECRETARY: Calendar Number 19 1650, by the Senate Committee on Rules, Senate 20 Print 4858A, an act to amend Tax Law. 21 THE PRESIDENT: This bill is 22 accompanied by a local fiscal impact note that 23 is at the desk. 24 The Secretary will read the last 25 section.
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(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect immediately. 3 THE PRESIDENT: The Secretary 4 will now call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1655, by Senator Leibell, Senate Print 5654A, 11 an act to amend the Town Law and the Public 12 Officers Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1657, by the Senate Committee on Rules, Senate 24 Print 5753A, an act to amend the Tax Law. 25 THE PRESIDENT: There is a local
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(518) 371-8910 1 fiscal impact note at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1665, by Senator Volker, Senate Print 6079, 12 Concurrent Resolution of the Senate and 13 Assembly proposing an amendment to Article 3 14 of the Constitution. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 THE PRESIDENT: The resolution is 19 adopted. 20 THE SECRETARY: Calendar Number 21 1667, by Senator Golden, Senate Print 2449A, 22 an act to amend the Public Health Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This
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(518) 371-8910 1 act shall take effect on the same date as 2 Section 24 of Part B of Chapter 58 of the Laws 3 of 2007. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1696, by Senator Alesi, Senate Print 4744B, an 11 act in relation to redistributing 2006 bond 12 volume allocations. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 17. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1700, by Senator Padavan, Senate Print 6072, 24 an act to amend Chapter 156 of the Laws of 25 2006.
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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1704, by Senator Volker, Senate Print 6135, an 12 act to amend Chapter 367 of the Laws of 1999. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1706, by Senator Robach, Senate Print 2004, an 24 act to amend the Executive Law. 25 THE PRESIDENT: Read the last
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(518) 371-8910 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first of 4 September. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1707, substituted earlier today by Member of 12 the Assembly Alessi, Assembly Print Number 13 6022, Concurrent Resolution of the Senate and 14 Assembly proposing an amendment to Section 26 15 of Article 6 of the Constitution. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 55. 19 THE PRESIDENT: The resolution is 20 adopted. 21 THE SECRETARY: Calendar Number 22 1708, by Senator Alesi, Senate Print 2598, an 23 act to amend the Vehicle and Traffic Law. 24 THE PRESIDENT: Read the last 25 section.
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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 30th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 55. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1709, by Senator Griffo, Senate Print 2724 -- 10 SENATOR DUANE: Lay it aside, 11 please. 12 THE PRESIDENT: The bill is laid 13 aside. 14 THE SECRETARY: Calendar Number 15 1710, substituted earlier today by Member of 16 the Assembly Thiele, Assembly Print Number 17 6065, an act to amend the Criminal Procedure 18 Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE PRESIDENT: Results.
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(518) 371-8910 1 THE SECRETARY: Ayes, 53. Nays, 2 2. Senators Duane and L. Krueger recorded in 3 the negative. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1711, by Senator Winner, Senate Print 3670, an 8 act to amend the Alcoholic Beverage Control 9 Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first day of the 14 month that begins at least 90 days after the 15 date on which it shall have become a law. 16 THE PRESIDENT: Wow. Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 54. Nays, 20 1. Senator Duane recorded in the negative. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1712, substituted earlier today Member of the 25 Assembly Alessi, Assembly Print Number 6622,
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(518) 371-8910 1 an act to amend the Criminal Procedure Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 53. Nays, 9 2. Senators Duane and L. Krueger recorded in 10 the negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1713, substituted earlier today by Member of 15 the Assembly Brook-Krasny, Assembly Print 16 Number 7892, an act to amend the Private 17 Housing Finance Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. 25 THE PRESIDENT: The bill is
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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1714, substituted earlier today by Member of 4 the Assembly Schimminger, Assembly Print 5 Number 7175A, an act relating to adjusted 6 valuation for school aid. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect July 1, 2007. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 55. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1715, by Senator Marcellino, Senate Print 18 4382A, an act to amend the Executive Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55.
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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1716, by Senator Skelos, Senate Print 4401, an 5 act to amend the Education Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 5. This 9 act shall take effect on the 180th day. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1722, by Senator Hannon, Senate Print 5339, an 17 act to amend the County Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. 25 THE PRESIDENT: The bill is
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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1728, by Senator Bruno, Senate Print 5981, an 4 act to amend Chapter 757 of the Laws of 2005, 5 establishing the Tech Valley High School. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. Nays, 13 1. Senator Duane recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1730, by the Senate Committee on Rules, Senate 18 Print 6123, an act to amend the Tax Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the same date and in 23 the same manner as a chapter of the Laws of 24 2007. 25 THE PRESIDENT: Call the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1732, by Senator Skelos, Senate Print 6167 -- 7 SENATOR FUSCHILLO: Lay it aside 8 for the day, please. 9 THE PRESIDENT: The bill is laid 10 aside for the day. 11 That completes the noncontroversial 12 reading of the calendar, Senator Fuschillo. 13 SENATOR FUSCHILLO: Mr. 14 President, would you please take up Calendar 15 Number 832, which was laid aside temporarily. 16 THE PRESIDENT: The Secretary 17 will read Calendar Number 832. 18 THE SECRETARY: Calendar Number 19 832, by Senator Fuschillo, Senate Print 1531, 20 an act to amend the Real Property Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 4. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: Senator Duane. 3 SENATOR DUANE: Thank you, 4 Mr. President. 5 I just want to point out that last 6 year, in addition to myself, Senators 7 Hassell-Thompson, Liz Krueger, Velmanette 8 Montgomery, Senators Parker and Schneiderman 9 all voted in the negative on this bill. 10 And I will be voting in the 11 negative again this year, Mr. President. 12 THE PRESIDENT: Senator Duane 13 will be recorded in the negative on Calendar 14 Number 832. 15 The Secretary will announce the 16 results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 832 are 19 Senators Adams, Dilan, Duane, Montgomery, 20 Schneiderman and Serrano. 21 Ayes, 50. Nays, 6. 22 THE PRESIDENT: The bill is 23 passed. 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Mr.
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(518) 371-8910 1 President, there will be an immediate meeting 2 of the Rules Committee in the Majority 3 Conference Room. 4 And the Senate will stand at ease. 5 THE PRESIDENT: There will be an 6 immediate meeting of the Rules Committee in 7 the Senate Majority Conference Room. 8 The Senate stands at ease. 9 (Whereupon, the Senate stood at 10 ease at 4:06 p.m.) 11 (Whereupon, the Senate reconvened 12 at 4:19 p.m.) 13 THE PRESIDENT: Senator 14 Fuschillo. 15 SENATOR FUSCHILLO: Mr. 16 President, if we could return to the order of 17 reports of standing committees for the report 18 of the Rules Committee. 19 THE PRESIDENT: Reports of 20 standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 24 following bills. 25 Senate Print 1470, by Senator
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(518) 371-8910 1 Morahan, an act authorizing; 2 2035, by Senator Young, an act to 3 amend the Tax Law; 4 4017, by Senator Hannon, an act to 5 amend the County Law; 6 4018, by Senator Saland, an act to 7 amend the Education Law; 8 4070B, by the Senate Committee on 9 Rules, an act to amend the Tax Law; 10 4163, by Senator Padavan, an act to 11 amend the Civil Service Law; 12 4318, by Senator Valesky, an act to 13 amend the Tax Law; 14 4476B, by Senator Farley, an act to 15 amend the Education Law; 16 4624, by Senator Griffo, an act to 17 amend the Retirement and Social Security Law; 18 4712, by Senator Leibell, an act to 19 amend the Tax Law; 20 5373, by Senator Hannon, an act to 21 authorize; 22 5515, by Senator Bonacic, an act to 23 amend the Executive Law; 24 5671, by Senator Saland, an act to 25 amend the Education Law;
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(518) 371-8910 1 5694, by Senator Morahan, an act in 2 relation to state aid; 3 5727, by Senator Padavan, an act to 4 amend the Real Property Law; 5 5805, by Senator Griffo, an act to 6 amend the Criminal Procedure Law; 7 5831A, by Senator Larkin, an act to 8 authorize; 9 5862, by Senator Maziarz, an act to 10 amend the Environmental Conservation Law; 11 6011, by Senator Larkin, an act to 12 amend the Tax Law; 13 6024A, by Senator Padavan, an act 14 to amend the Local Finance Law; 15 6082, by Senator Wright, an act to 16 amend the Public Authorities Law; 17 6125, by Senator Padavan, an act to 18 amend the General City Law; 19 6148, by Senator Winner, an act to 20 amend Chapter 987 of the Laws of 1971; 21 6165, by Senator Bonacic, an act to 22 amend Chapter 159 of the Laws of 2000; 23 And Senate Print 6171, by Senator 24 Lanza, an act to amend Chapter 1 of the Laws 25 of 2005.
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(518) 371-8910 1 All bills ordered direct to third 2 reading. 3 THE PRESIDENT: Senator 4 Fuschillo. 5 SENATOR FUSCHILLO: Move to 6 accept the report of the Rules Committee. 7 THE PRESIDENT: All in favor of 8 accepting the Rules Committee report please 9 indicate so by saying aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The report is 14 accepted. 15 Senator Fuschillo. 16 SENATOR FUSCHILLO: May we please 17 have the noncontroversial reading of 18 Supplemental Calendar 62A. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 1717, by Senator Morahan, Senate Print 1470, 23 an act authorizing the Greenwood Lake Union 24 Free School District. 25 THE PRESIDENT: Read the last
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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1737, by Senator Young -- 11 SENATOR DUANE: Lay it aside, 12 please. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 1738, by Senator Hannon, Senate Print 4017, an 17 act to amend the County Law. 18 THE PRESIDENT: There is a 19 home-rule message at the desk. 20 The Secretary will read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)
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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1739, by Senator Saland, Senate Print -- 6 SENATOR DUANE: Lay it aside, 7 please. 8 THE PRESIDENT: The bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 1740, by the Senate Committee on Rules, Senate 12 Print 4070B, an act to amend the Tax Law. 13 THE PRESIDENT: There is a local 14 fiscal impact note at the desk. 15 The Secretary will now read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first day of the 19 month next succeeding the date on which it 20 shall have become a law. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 THE PRESIDENT: The bill is 25 passed.
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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1741, by Senator Padavan, Senate Print 4163, 3 an act to amend the Civil Service Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1742 -- 15 SENATOR FUSCHILLO: Lay it aside 16 for the day, please. 17 THE PRESIDENT: The bill is laid 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 1743, by Senator Farley, Senate Print 4476B, 21 an act to amend the Education Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect April 1, 2008.
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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1744, by Senator Griffo, Senate Print 4624, an 8 act to amend the Retirement and Social 9 Security Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1745, by Senator Leibell, Senate Print 4712, 21 an act to amend the Tax Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.
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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. Nays, 4 1. Senator Duane recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1746, by Senator Hannon, Senate Print 5373, an 9 act to authorize the Ethical Humanist Society 10 of Long Island. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. Nays, 18 3. Senators Bonacic, Larkin and Rath recorded 19 in the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1747, by Senator Bonacic, Senate Print 5515, 24 an act to amend the Executive Law. 25 THE PRESIDENT: Read the last
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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of April. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1748, by Senator Saland, Senate Print 5671, an 11 act to amend the Education Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1749, by Senator Morahan, Senate Print 5694, 23 an act in relation to state aid. 24 THE PRESIDENT: Read the last 25 section.
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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1750, Senator Padavan moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 5182 and substitute it 12 for the identical Senate Bill Number 5727, 13 Third Reading Calendar 1750. 14 THE PRESIDENT: Substitution 15 ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1750, by Member of the Assembly Young, 19 Assembly Print Number 5182, an act to amend 20 the Real Property Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 180th day. 25 THE PRESIDENT: Call the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1751, by Senator Griffo, Senate Print 5805, an 7 act to amend the Criminal Procedure Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. Nays, 15 2. Senators Duane and L. Krueger recorded in 16 the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1752, by Senator Larkin, Senate Print 5831A -- 21 SENATOR FUSCHILLO: Lay it aside 22 for the day, please. 23 THE PRESIDENT: The bill is laid 24 aside for the day. 25 THE SECRETARY: Calendar Number
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(518) 371-8910 1 1753, by Senator Maziarz -- 2 SENATOR FUSCHILLO: Lay it aside 3 for the day, please. 4 THE PRESIDENT: The bill is laid 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 1754, by Senator Larkin, Senate Print 6011, an 8 act to amend the Tax Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of August. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. Nays, 16 1. Senator Duane recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1755, by Senator Padavan, Senate Print 6024A, 21 an act to amend the Local Finance Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.
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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1756, by Senator Wright, Senate Print 6082, an 8 act to amend the Public Authorities Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1757, by Senator Padavan, Senate Print 6125, 20 an act to amend the General City Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1758, by Senator Winner -- 7 SENATOR DUANE: Lay it aside, 8 please. 9 THE PRESIDENT: The bill is laid 10 aside. 11 THE SECRETARY: Calendar Number 12 1759, by Senator Bonacic, Senate Print 6165, 13 an act to amend Chapter 159 of the Laws of 14 2000. 15 THE PRESIDENT: There is a 16 home-rule message at the desk. 17 The Secretary will read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. 24 THE PRESIDENT: The bill is 25 passed.
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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1760, by Senator Lanza, Senate Print 6171, an 3 act to amend Chapter 1 of the Laws of 2005 4 amending the State Finance Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 THE PRESIDENT: The bill is 13 passed. 14 That completes the noncontroversial 15 reading of the calendar. 16 SENATOR FUSCHILLO: Mr. 17 President. 18 THE PRESIDENT: Senator 19 Fuschillo. 20 SENATOR FUSCHILLO: Will you 21 please recognize Senator Ruth 22 Hassell-Thompson. 23 THE PRESIDENT: Senator 24 Hassell-Thompson. 25 SENATOR HASSELL-THOMPSON: Thank
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(518) 371-8910 1 you, Mr. President. 2 According to Rule 9, if I had been 3 in chambers, I would have voted no on Calendar 4 Number 832. 5 Sorry, Chuck. 6 THE PRESIDENT: The record will 7 so reflect. Thank you, Senator 8 Hassell-Thompson. 9 Senator Fuschillo. 10 SENATOR FUSCHILLO: Will you 11 please restore Calendar Number 1739, by 12 Senator Saland, to the noncontroversial 13 calendar and take it up at this time. 14 THE PRESIDENT: We will take up 15 Calendar Number 1739. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1739, by Senator Saland, Senate Print 4018, an 19 act to amend the Education Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 19. This 23 act shall take effect on the 180th day. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)
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(518) 371-8910 1 THE PRESIDENT: Senator 2 C. Johnson, to explain his vote. 3 SENATOR CRAIG JOHNSON: Thank 4 you, Mr. President. 5 I'm going to be voting in the 6 affirmative on this piece of legislation. I 7 did have a question in connection with it, as 8 to whether or not special-acts school 9 districts were required to undertake criminal 10 background checks for prospective employees. 11 I had a conversation with the 12 sponsor of this legislation, Senator Saland, 13 and he has told me I can represent that it is 14 his understanding and his counsel's 15 understanding that special-acts schools do 16 fall within this legislation, that they are 17 required to do the fingerprinting for 18 prospective employees. And so I will be 19 voting in the affirmative, given that 20 representation. 21 So thank you very much, Senator 22 Saland. 23 THE PRESIDENT: Senator 24 C. Johnson will be recorded in the affirmative 25 on Calendar Number 1739.
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(518) 371-8910 1 Senator Saland, to explain his 2 vote. 3 SENATOR SALAND: Thank you, 4 Mr. President. 5 I wish to merely affirm, or 6 confirm, Senator Johnson's remarks. Certainly 7 this bill does provide and is intended to 8 provide that special-acts schools as well as 9 the 4201 schools, all special ed schools, are 10 covered. 11 Thank you, Mr. President. 12 THE PRESIDENT: Your vote, 13 Senator? 14 SENATOR SALAND: I think I'll 15 vote in the affirmative, Mr. President. 16 THE PRESIDENT: Senator Saland 17 will be recorded as voting in the affirmative 18 on Calendar Number 1739. 19 Senator Perkins, to explain his 20 vote. 21 SENATOR PERKINS: Thank you, 22 Mr. President. 23 Pursuant to Rule Number 9, I'd like 24 to vote no on Calendar Number 381 and Calendar 25 Number --
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(518) 371-8910 1 THE PRESIDENT: Senator Perkins, 2 we're on the roll call of Calendar Number 3 1739. 4 SENATOR PERKINS: Oh. Excuse me. 5 THE PRESIDENT: So we assume 6 you're voting in the affirmative on Calendar 7 Number 1739. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Ayes, 59. Nays, 11 0. 12 THE PRESIDENT: The bill is 13 passed. 14 The chair recognizes Senator 15 Perkins. 16 SENATOR PERKINS: Once again, 17 Mr. President, pursuant to Rule Number 9, I'd 18 like to take this opportunity to vote no on 19 Calendar 381 and Calendar 832, as if I were 20 here. Thank you. 21 THE PRESIDENT: Senator Perkins, 22 pursuant to Rule 9 you cannot vote at this 23 time on those two bills. You can make record 24 of your feelings on those bills. 25 SENATOR PERKINS: In that case I
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(518) 371-8910 1 would like to have my vote recorded as if I 2 would have voted no on those two bills, 3 Calendar 381 and Calendar 832. 4 THE PRESIDENT: Thank you, 5 Senator. The record will reflect. 6 SENATOR PERKINS: Thank you. 7 THE PRESIDENT: Senator Winner. 8 SENATOR WINNER: Mr. President, 9 before we go to the controversial calendar, 10 would you lay aside my bill, Calendar Number 11 1758, for the day, please. 12 THE PRESIDENT: Calendar Number 13 1758 is laid aside for the day at the request 14 of the sponsor. 15 Senator Winner. 16 SENATOR WINNER: Yes, 17 Mr. President. On the controversial calendar 18 can we start with Calendar Number 280. 19 THE PRESIDENT: The Secretary 20 will conduct the controversial reading of the 21 calendar, Calendar Number 280 to commence. 22 Ring the bell so that all members 23 may be aware that we are now voting on bills. 24 THE SECRETARY: Calendar Number 25 280, by Senator Morahan, Senate Print 1897A,
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(518) 371-8910 1 an act authorizing the Commissioner of General 2 Services. 3 SENATOR DUANE: Explanation, 4 please. 5 THE PRESIDENT: Senator Morahan, 6 an explanation has been requested by the 7 Acting Minority Leader, Senator Duane. 8 SENATOR MORAHAN: Wow. This 9 bill -- which we voted on, by the way, in 10 March, it passed 61 to 0 -- was requested to 11 be amended by the Assembly, which this new 12 bill now reflects their amendment. 13 The bill in essence allows the 14 Commissioner of General Services to sell at 15 fair market value a portion of a state 16 facility called the Rockland Psychiatric 17 Center to the Town of Orangetown. 18 THE PRESIDENT: Senator Duane. 19 SENATOR DUANE: Thank you, 20 Mr. President. 21 If the Senator would please yield. 22 THE PRESIDENT: Senator Morahan, 23 would you wield for a question from Senator 24 Duane? 25 SENATOR MORAHAN: Yes, I will.
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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 I'm just curious, how was the bill 4 amended? What makes this bill different than 5 the original version? 6 THE PRESIDENT: Senator Morahan. 7 SENATOR MORAHAN: It was greatly 8 reduced in content. The original bill 9 outlined the use and what was going to be 10 done. It called for a project labor 11 agreement. 12 Those provisions were taken out, 13 and the phrase "fair market value" was added 14 back in. 15 THE PRESIDENT: Senator Duane. 16 SENATOR DUANE: Thank you, 17 Mr. President. 18 THE PRESIDENT: Any other Senator 19 wishing to speak on the bill? 20 In that case, debate is closed. 21 Ring the bell. 22 The Secretary will read the last 23 section on Calendar 280. 24 THE SECRETARY: Section 5. This 25 act shall take effect immediately.
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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE PRESIDENT: Announce the 4 results. 5 THE SECRETARY: Ayes, 62. Nays, 6 0. 7 THE PRESIDENT: The bill is 8 passed. 9 Senator Winner. 10 SENATOR WINNER: Continue with 11 the controversial calendar, please, 12 Mr. President. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 1433, by Senator Marcellino, Senate Print 607, 17 an act to amend the Education Law. 18 SENATOR OPPENHEIMER: 19 Explanation, please. 20 THE PRESIDENT: Senator 21 Marcellino, an explanation has been requested 22 to Calendar Number 607 by Senator Oppenheimer. 23 SENATOR MARCELLINO: Yes, 24 Mr. President. 25 This bill would require that each
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(518) 371-8910 1 school district include on their annual report 2 card the percentage of the budget that is 3 actually spent on instructional services. 4 The definition of what is an 5 instructional service is already in law. The 6 Education Commissioner has so stated. We've 7 adopted that as the definition. The school 8 districts are well aware of that. 9 We just want to make sure that the 10 taxpayers and the voters know how successful 11 and where exactly their budget dollars go, 12 their tax dollars are going, that they're not 13 being wasted, they're going into the classroom 14 for legitimate expenses. 15 THE PRESIDENT: Senator 16 Oppenheimer. 17 SENATOR OPPENHEIMER: Thank you 18 very much, Senator. 19 THE PRESIDENT: Read the last 20 section. 21 SENATOR OPPENHEIMER: No, I'd 22 like to speak, if I may be heard. 23 THE PRESIDENT: Senator 24 Oppenheimer, on the bill. 25 SENATOR OPPENHEIMER: Thank you.
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(518) 371-8910 1 I'm urging a no vote on this even 2 though I will say that what is considered 3 instructional expense in our state is much 4 broader than in many other states. And so it 5 does include things like curriculum 6 development, psychological services, guidance 7 counseling. Even interscholastic sports is 8 now considered part of instructional services. 9 But even though the definition is 10 broad, I'm against this because this is 11 already available. It is reported to the 12 state. It is highly scrutinized by the state. 13 It is public record. And I think to mandate 14 this report on the school districts is just 15 onerous and rather unnecessary. 16 I think in another way it is 17 important to defeat this because there are 18 small districts which are going to appear to 19 be wasteful because much of their expense goes 20 into transportation. And if they have 21 buildings that have to be repaired or new 22 buildings built, it makes it look like they're 23 not spending enough on instruction when indeed 24 they have to provide these other services. So 25 I think it disadvantages our smaller school
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(518) 371-8910 1 districts and our rural school districts. 2 And it turns out, you know, we in 3 New York State are really much more efficient 4 and putting much more into the classrooms as 5 defined, the classroom expense, than most 6 other states in our nation. We put 78 percent 7 of our budgets, on average, into the 8 instructional expense. And if you look at it 9 nationally, instructional expense is around 10 61.5 percent. 11 So we're already doing a lot more 12 than other states as far as improving what is, 13 you know, efficiency and putting people into 14 the classroom and into the daily interaction 15 with students and not building up 16 administration layers on top of each other. 17 So for these reasons -- the 18 information is there, it's public record. And 19 also because our smaller school districts or 20 rural districts would be quite disadvantaged 21 were this bill to go through. That's why I'm 22 urging a no vote. 23 Thank you. 24 THE PRESIDENT: Senator 25 Marcellino.
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(518) 371-8910 1 SENATOR MARCELLINO: Yes, 2 Mr. President, on the bill. 3 I beg to differ with my worthy 4 colleague. This information is not readily 5 available. The information would have to 6 be -- for the average citizen to go on the 7 State Ed website, which is a maze, they would 8 have to be able to put all of these things 9 together. Many of them are listed separately, 10 and they'd have to add them all up, because no 11 place are they in fact added up so the average 12 citizen, knowing, could find these things in 13 an easy way. 14 Every tax dollar that we spend -- 15 and I'm sure in the county that the Senator 16 represents, and I know in my county, in my 17 counties that I represent, the school property 18 tax is about 70 percent of your tax dollar. 19 The public demands to know that their tax 20 dollars are being spent appropriately. 21 We passed legislation requiring the 22 Comptroller of this state to audit every 23 school district to make sure that the money is 24 being spent appropriately. 25 I agree with the Senator, our
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(518) 371-8910 1 schools are very appropriate. They're very 2 careful in how they spend their money. They 3 do the best they can to put as much as they 4 can into the classroom. The public must know 5 this, and it must be made readily and easily 6 available to every person in the state that 7 the school districts, who are often 8 categorized as the villains in a lot of 9 situations, not be so cast in an inappropriate 10 way. 11 If they're doing something wrong, 12 that's one thing. But when they're doing it 13 right, the public should know it. All this 14 bill says is add a little number on the report 15 card -- big onerous -- one little number on a 16 report card that they put out every year which 17 basically says we're doing the right thing, 18 and this is where it is, and you can find it 19 and we're proud of it. 20 If a school district has a 21 transportation situation, the people in that 22 school district understand. They're not 23 stupid. They understand that you've got to 24 bus kids great distances in certain rural 25 districts, and therefore a large expenditure
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(518) 371-8910 1 goes for transportation. I don't think 2 they're foolish enough to think that's a bad 3 expense. 4 And if there's a building 5 situation, they know they're going to get a 6 percentage of that back. Building aid is 7 reimbursable. So what are they ashamed of? I 8 don't think that's a problem for anybody. 9 So what we're doing here, we're 10 just simply saying that since our school 11 districts do the right thing, by and large, 12 the general public should be made aware of 13 this in as clear and as easy and as open a way 14 as possible. That is what we're all about. 15 That is what this bill is all 16 about. It's very simple, very 17 straightforward. I don't think it's onerous, 18 Mr. President. And I certainly urge a 19 unanimous yes vote. 20 This bill, by the way, passed in 21 2006 with 61 votes. Last time I looked, that 22 was unanimous. 23 Thank you, Mr. President. 24 THE PRESIDENT: Any other Senator 25 who would like to speak?
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(518) 371-8910 1 Debate is closed. 2 The Secretary will ring the bell. 3 The Secretary will read the last 4 section on Calendar Number 1433. 5 THE SECRETARY: Section 11. This 6 act shall take effect on the first of July 7 next succeeding. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: The Secretary 11 will announce the results on Calendar Number 12 1433. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1433 are 15 Senators Adams, Breslin, Connor, Duane, 16 Hassell-Thompson, Huntley, L. Krueger, 17 Montgomery, Oppenheimer, Parker, Perkins, 18 Sabini, Savino, Schneiderman, Serrano, 19 Stachowski and Thompson. 20 Ayes, 45. Nays, 17. 21 THE PRESIDENT: The bill is 22 passed. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1637, by the Senate Committee on Rules, Senate
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(518) 371-8910 1 Print 5988, an act to amend the Hudson River 2 Park Act. 3 THE PRESIDENT: Senator Duane. 4 SENATOR DUANE: Thank you, 5 Mr. President. On the bill. 6 THE PRESIDENT: Senator Duane, to 7 speak on the bill. 8 SENATOR DUANE: Thank you, 9 Mr. President. 10 I believe at this point all of my 11 colleagues should have gotten a copy of a 12 letter which I sent out regarding the 13 reopening of the Hudson River Park Act, and 14 I'm hopeful that everyone had a chance to take 15 a look at it. 16 But I do want to just highlight 17 some of the points that I made in that letter 18 and make sure that they are on the record so 19 that when people look at how my colleagues 20 have voted on it, they know that not just did 21 they have a chance to read the letter but also 22 heard in person from me why it is that I so 23 strenuously oppose this legislation. 24 First of all, I want everyone to 25 know that the residents of the 29th Senatorial
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(518) 371-8910 1 District and the Assemblymembers, particularly 2 on the west side of Manhattan who represent 3 that portion of the district, all are clear in 4 their desire to do more than our fair share of 5 dealing with New York City's waste management. 6 And we all firmly and strongly 7 believe that for far too long the burden of 8 dealing with the city's waste has fallen 9 disproportionately on disadvantaged 10 communities and, frankly, also Staten Island. 11 And our position on this issue is not to foist 12 responsibility on anyone else, temporarily or 13 permanently. 14 What it's about is our ability and 15 our responsibility, frankly, to do that part 16 of our waste management in the place that will 17 frankly best meet the city's waste needs and 18 will also make the most sense for West Side 19 neighborhoods. 20 Many of you received a letter from 21 the Mayor regarding our opposition to the 22 siting of the waste transfer station on 23 Gansevoort. His letter claimed that the 24 community had its chance to work with the city 25 and that if we even looked at other
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(518) 371-8910 1 alternatives it would delay or even frustrate 2 the construction of other facilities. I'm 3 going to kindly say that that assertion is 4 misleading. 5 And the letter is frankly also 6 disingenuous in its description of the city's 7 history of support for the Hudson River Park. 8 Now, even reading the Mayor's 9 letter of June 12th, I am even more firmly 10 convinced that the city really did not 11 seriously examine any alternatives to 12 Gansevoort. And in fact, in their own initial 13 EIS it's clear that they did not, because the 14 final EIS, even in that initial report, is the 15 one that's supposed to look at not just 16 Gansevoort but, indeed, the other 17 alternatives. 18 So in fact, the city's own 19 documentation, or I should say the 20 administration's own documentation, points to 21 that it did not look substantively at any of 22 the other possible sites and it didn't even 23 look at the Gansevoort site in a thorough 24 manner. 25 I want to talk about Pier 76. Many
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(518) 371-8910 1 of you know Pier 76. If you've ever had your 2 car towed in New York City, especially in 3 Manhattan, it's been towed to Pier 76. 4 Now, while it is true that Pier 76 5 has never housed a sanitation facility, it has 6 housed the tow pound. Now, the tow pound has 7 had a lot of traffic on it. And the waste 8 transfer station will have a lot of traffic on 9 it. So it's had a lot of traffic on it. 10 Interestingly, the size of Pier 76 11 is such that you could fit more than two 12 Gansevoorts on it, and plus the present waste 13 transfer station that we have at Pier 99, 14 which is at 59th Street, all on it, and also 15 have the tow pound and also keep the police 16 horse facility on it. There's room for all of 17 it on Pier 76. 18 Unlike Gansevoort, Pier 76 is 19 actually a pier, which means boats come up to 20 it and on those boats containerized waste 21 could be put on barges. Which is the way it's 22 supposed to go off. And again, Pier 76 is a 23 pier at which boats have historically moored; 24 Gansevoort is not. Gansevoort is a piece of 25 land in the river.
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(518) 371-8910 1 The pier, as I said before, has 2 room for the police department mounted unit 3 for the horse stables that go along with that. 4 Now, by the way, the issue of the mounted 5 police stable is an issue which the city 6 created itself. They removed the horse unit 7 from an inland location, they put it on a 8 land-based facility at 23rd Street, which they 9 should not have, but the city magnanimously 10 allowed them to go there. 11 And in fact it wasn't even the city 12 that moved to take it off there, because it 13 wasn't supposed to be there. But we were nice 14 enough to let it stay there. It was actually 15 friends in the business community whose word 16 we had gotten that it would only be a 17 temporary site there that caused the city to 18 make the facility at Pier 76 available. Which 19 the community accepted, although they are 20 supposed to be moved inland, but who knows 21 whether the city will keep its word on that. 22 But if the city doesn't keep its word on that, 23 there's room for it on Pier 76, plus the tow 24 pound, plus the marine transfer station. Plus 25 there's room for a park.
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(518) 371-8910 1 And in fact the parkland that they 2 could put on it, which would be on the roof, 3 would make a lot of sense, particularly in 4 that it would be even more accessible to 5 people who use the Javits Convention Center 6 and any of the other facilities in that area. 7 So there would also be room for a very large 8 piece of parkland there also, which is 9 something which has been on the drawing board 10 in many scenarios anyway. 11 In addition, because there would 12 have to be elevation to get to the rooftop 13 park, it could also allow pedestrians and 14 cyclists to be separated from the motor 15 vehicle traffic or the truck traffic, so it 16 would be even safer for people who were using 17 the park. 18 And also the budget for 19 constructing the facility on Pier 76 is 20 absolutely within range of what is supposed to 21 happen at Gansevoort and in fact at 59. 22 Now, the city also says that 23 because of the marine traffic that 76 is not a 24 good spot. But 76 is just a few blocks from 25 the Gansevoort. There's no more and no less
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(518) 371-8910 1 marine traffic there, at 76, than there is at 2 Gansevoort. In fact, there might even be more 3 at Gansevoort. So that's just a ridiculous 4 argument. 5 Pier 57 was another location which 6 we had offered. Now, Pier 57 also, it's true, 7 has never hosted a sanitation facility. But 8 it was the place where New York Transit 9 used -- it was a location that they used for 10 their buses for as long as I can remember. So 11 again, Pier 57 is a pier. Boats use piers. 12 It had a lot of traffic. It had buses. 13 Right? 14 If any of you are trying to figure 15 out which is Pier 57, that's where the Mayor 16 incarcerated demonstrators and people who 17 weren't actually demonstrators during the 18 Democratic [sic] convention, and where there 19 are some issues with -- it needs to be cleaned 20 up, let's put it that way. 21 Of course the Mayor has promised 22 that the transfer station and the recycling 23 center is going to be beautiful, absolutely 24 lovely, clean, clean, clean. Although I do 25 have to say I went and visited one in
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(518) 371-8910 1 New Jersey which was supposed to be similar to 2 that one, the one that's supposed to go in 3 Gansevoort. And if any of you listen to my 4 podcast, you'll hear the moment when the rat 5 ran across my feet. 6 It actually didn't smell too good 7 there, either. In fact, they sprayed 8 peppermint into the air so that you can 9 actually breathe. And then they were kind 10 enough to let us breathe in without the 11 peppermint spray, and it was tough. Very 12 tough. The peppermint spray helped, but you 13 could still smell it. 14 And I did not scream like a little 15 girl -- not that there would be anything wrong 16 with it -- when the rat ran across my foot. 17 (Laughter.) 18 SENATOR DUANE: Anyway, so the 19 Mayor also says that Pier 57 is a lovely 20 historic structure and shouldn't be used for 21 this. But in fact, in all the years it was 22 used as a bus depot, with lots and lots and 23 lots of buses on it, the city never fixed it 24 up. So now the city is provided with a golden 25 opportunity to fix up the outside historic
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(518) 371-8910 1 part of the structure, which is what they're 2 talking about, and which would not in any way 3 be negatively impacted by putting a transfer 4 station. 5 And the Mayor also says that 6 there's a big plan for that. And while it's 7 true that there was a developer who was 8 interested in using it, the biggest tenant of 9 that developer who was planning on using it 10 has pulled out. 11 And the developer itself is now 12 stuck in VENDEX, and the city apparently has 13 problems -- and I'm not going to characterize 14 them, but the problems by which -- because of 15 which VENDEX were created were either the 16 company did a bad job or they had parts of 17 them or actions involved with it that 18 oftentimes required scrutiny by federal 19 prosecutors. We don't know what the answer 20 is, but we do know that it's stuck in VENDEX. 21 It could be either one of those things or it 22 could be neither of these things. But that is 23 why VENDEX is usually used. 24 And finally, I want to talk for a 25 moment about the rail option. Now, just so
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(518) 371-8910 1 you know, again, the disingenuousness of the 2 city they said, Oh, rail, you couldn't 3 possibly do it. And yet we checked with CSX, 4 with Amtrak, with Metro North, and they all 5 said absolutely possible to take the trash out 6 by train. 7 In fact, in many parts of the 8 country that's how it's done now, trash is 9 taken out by train. It's a more affordable 10 way of getting rid of trash. 11 In addition, the rail trash 12 removal, waste removal scenario would actually 13 be better for the entire city and would take 14 trucks off the streets of every neighborhood 15 in New York City. And so the city has done 16 itself -- not just us, but itself and 17 everybody in New York City -- a disservice by 18 not thoroughly exploring this option, because 19 it's an option whose time has already come. 20 The city also says that they would 21 have to buy, you know, that site for zillions 22 of dollars. It's not true; they could just 23 rent it. And again, there's money in it for 24 the rail companies to do trash removal. They 25 do it all around the country. It's a smart
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(518) 371-8910 1 way to get rid of trash. 2 Now, the city says, oh, you know, 3 some of us approved of it or whatever. That's 4 totally not true. None of us were ever for 5 it, never, ever, ever. We always had better 6 sites -- piers, where boats actually pull up, 7 and the rail freight option. 8 We were never given the opportunity 9 to weigh in. We weren't given an opportunity 10 in the inception of it, and we weren't given 11 an opportunity -- there was one City Council 12 hearing on it, and that was it. 13 Everyone opposed it. Everyone said 14 absolutely, we want to do our fair share, we 15 want to do our own trash removal, but we have 16 sites which are just a few blocks away which 17 are actually on piers, or the rail freight 18 option, and you refused to look at them. And 19 we wish you would, and we think that you'll 20 see that they're better options. 21 Now, the city says that they were a 22 huge partner with us on fighting for the park. 23 And again, I don't want to characterize it as 24 something that would be characterized as 25 sinful, so let's just say what they said is
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(518) 371-8910 1 misleading. 2 The city has put millions in, but 3 the deal is -- and we're grateful for that, 4 but they only put it in after the state put in 5 its funds. The most egregious example of the 6 city's alleged supportive funding is the 7 $8 million cost to relocate the mounted police 8 unit, which again was a problem of the city's 9 own making. And one which we accommodated 10 them, and we will continue to accommodate 11 them, even we think it's not the best place. 12 There is room for them also on 13 Gansevoort. There's plenty of room for them 14 on Gansevoort -- and a marine transfer 15 station, and the tow pound, and a park which 16 would be good for the economic development of 17 the city, which is something that they already 18 had envisioned doing. 19 Now, the city also was supposed to 20 be off the Gansevoort with their sanitation 21 facilities long ago. We had to go to court. 22 We went to court; we won. We stayed in court; 23 we won. The city signed a stipulation. I've 24 given you copies of the stipulation. If 25 anyone needs a copy, I have extra copies of
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(518) 371-8910 1 it. But I gave you copies, and I hope -- and 2 I assume you read them. 3 But probably the most important 4 thing it says is that they would be gone by 5 December 31, 2012. They signed a stipulation 6 saying they'd be gone, off that Gansevoort 7 peninsula by December 31, 2012. They can't 8 even start construction of the new facility 9 until after 2012. And yet just a few short 10 months after signing that stipulation they 11 went back on their word and decided to site 12 another sanitation facility there without 13 consultation. 14 Now, I just -- this is a warning to 15 communities that think they've made a deal 16 with the city: Don't take it to the bank. 17 Why would anyone make a deal with the city and 18 sign a stipulation if they're just going to go 19 back on their word a few months later? It's 20 really a complete, utter disgrace that they 21 did that. Absolutely horrendous. Imagine if 22 they signed a deal with you and they went back 23 on their word right after that. 24 And even still, even though we have 25 the right to not let it stay there and we'll
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(518) 371-8910 1 be back in court about it, that's the thing 2 that's going to delay it. The delay is 3 because they can't start at the very earliest 4 until 2013. And even then, I think if you 5 read the stipulation, they're not going to be 6 able to do it then either. In the meantime, 7 they could be doing Pier 57 or, better, Pier 8 76 or even the rail freight option. So, you 9 know, again, I mean why would you cut a deal 10 with them? 11 So -- and I guess the final thing I 12 want to say about this is that what they're 13 doing to us and what you're being asked to 14 vote on today is terrible. Terrible. But I 15 think maybe you should keep in mind that it 16 could happen to you. That by legislation you 17 could have something being held over your 18 heads that is most likely illegal and which is 19 irresponsible and which is something where 20 there's a better way to do it. 21 It's happening to me this year, 22 potentially, although, as I say, they can't 23 start until 2013. But you know what? It 24 could happen to any one of you. And sooner, 25 sooner than you think. You never know. You
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(518) 371-8910 1 never know. You never know. 2 So I would urge my colleagues on 3 both sides of the aisle to vote no on this, to 4 send a message that the city should not break 5 its word to communities, that there is 6 something to be said for responsible planning 7 by communities. And that in many cases, 8 especially in cases like this, the member 9 who's most directly impacted -- the member who 10 still would be getting the facility, but just 11 in a different part of his district or her 12 district -- in many cases knows best. And I 13 think you know that's true. 14 So I'm urging you all in the 15 strongest possible way to please vote no and 16 to allow us to move forward with a better plan 17 and one which will better deal with the city's 18 solid waste issues and one in which we will, 19 we promise, and we want to do our fair share 20 for the city's waste management. 21 Thank you, Mr. President. 22 THE PRESIDENT: The chair 23 recognizes Senator Diaz. 24 SENATOR DIAZ: Thank you, 25 Mr. President. On the bill.
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(518) 371-8910 1 THE PRESIDENT: Senator Diaz, on 2 the bill. 3 SENATOR DIAZ: This is the day 4 that the Lord has made. This is a day where 5 we are seeing, for the first time ever, our 6 minority community getting justice. We 7 finally are getting justice. 8 Forty percent of the garbage that 9 Manhattan produces is taken by Bronx, 10 Brooklyn, Queens and other boroughs. Every 11 single borough, especially the Bronx, has so 12 many transfer stations. So many in the Bronx. 13 Every time that they need to get a miniplant 14 or a transfer station plant, they look at our 15 communities. Manhattan never get one. Never 16 Manhattan get one. All the time they place 17 all those transfer station plants and garbage 18 plant and miniplants in minority communities, 19 black and Hispanic communities especially. 20 The last time they had seven 21 miniplants to be built, they studied 60 sites 22 in the state -- they had 11 plants, sorry, to 23 be built. They studied 60 sites in the state. 24 And out of the 11 miniplants, seven of them 25 were built in black and Hispanic communities.
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(518) 371-8910 1 Four of them in the Bronx. 2 So we are always getting -- and I'm 3 not going to say the word what I'm going to 4 say -- discriminated. Always. Now, finally, 5 the Mayor of the City of New York says let's 6 do some justice and let's build a plant in 7 Manhattan so Manhattan could take care of its 8 own garbage. And people start rising up, 9 calling it injustice. Injustice. Injustice 10 Is what has been done to us. Injustice, 11 injustice is what has been done to the South 12 Bronx. Injustice, injustice that blacks and 13 Hispanics have to go through for many years. 14 So this is an opportunity for us to 15 tell Manhattan: You've got your own garbage, 16 take care of your own garbage. The Bronx 17 doesn't have to take your garbage anymore. 18 Brooklyn doesn't have to take your garbage 19 anymore. Queens doesn't have to take your 20 garbage. Do away with your own garbage. 21 So I'm asking all of you to follow 22 the lead of Mayor Bloomberg and the City 23 Council President of the City of New York, 24 Christine Quinn, who this plan will be 25 building in her own district. And she has
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(518) 371-8910 1 taken a position, her career, against her own 2 district, saying we have to be just to the 3 minority communities and let's build it here. 4 And she's supporting this plan. 5 So she has to be praised, because 6 she has seen the light. And today I'm asking 7 all of you join her, join us, join the black 8 and Hispanics. Even though I was reading, 9 during the weekend, Friday, June 15th, I was 10 reading the editorial of the New York Post, 11 and it said that the Gansevoort site is a plan 12 which seeks to cut down on the number of 13 sanitation trucks needed to hold trash and 14 thus lightening traffic and pollution 15 throughout the city. 16 With Gansevoort, City Hall is 17 projecting some 13,600 fewer trips by 18 sanitation department trucks between 19 Manhattan, the Bronx and New Jersey -- 13,600 20 fewer trips of trucks, of sanitation trucks 21 from Manhattan, Bronx and New Jersey. 22 That obviously pollution will come 23 down and the asthma rate in the Bronx could 24 take some relief because those trucks from 25 Manhattan garbage, they come through the Bronx
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(518) 371-8910 1 to get to New Jersey. 2 Also, it's sad to say, that reading 3 the same New York Post article, it said that 4 the members of the Black and Hispanic Caucus 5 have said they will not take a position on 6 this matter. And that is sad. That is sad 7 because when we build a caucus, Black and 8 Hispanic Caucus means we got to get together 9 to protect and defend our communities. And 10 even though they are -- not every member of 11 the Black and Hispanic Caucus has taken this 12 position, it is a shame for the Black and 13 Hispanic Caucus not to take a position on this 14 thing. 15 Because this is our community that 16 we are defending, and this is the black and 17 Hispanic community who is suffering. And if 18 we are going to have a caucus of black and 19 Hispanic, meaning we're going to fight for our 20 people, we're going to protect our community 21 and we're going to defend our community at all 22 costs. 23 And I'm asking the members of the 24 Black and Hispanic Caucus in this chamber to 25 send a message, clear, a loud message: We got
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(518) 371-8910 1 elected to defend our community, we will 2 support our community, we will protect our 3 community. 4 And today is the day that the Lord 5 has made. And the time has come today to vote 6 in favor of this plan. Let Manhattan get 7 their own garbage. Because if we stop this, 8 to do this, this story talks about how it 9 takes us ten years to come to this solution. 10 Now we're going to stop it to get another 11 story? That's another ten years. Meanwhile, 12 the Bronx will keep taking and Brooklyn and 13 Queens will keep taking Manhattan garbage 14 while we take five, six, 10 years for another 15 story. 16 No, sir. This is the time. This 17 is the day. I'm asking all of you, especially 18 the minority members of this chamber, this is 19 it. This is our opportunity. Let's send a 20 clear and solid message to the other side, to 21 the other chamber. We will protect our 22 community, we will defend or community, we 23 have enough garbage in our community, we have 24 enough plants in our community, we have enough 25 transfer station plants in our community, we
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(518) 371-8910 1 have enough of them dumping on us. This time, 2 praise the Lord, Manhattan is getting a way to 3 dump their own garbage. 4 Ladies and gentlemen, I urge you to 5 support this bill. Thank you. 6 THE PRESIDENT: Are there any 7 other Senators wishing to speak on this bill? 8 Senator Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Mr. President. 11 While I agree in large part with 12 the sentiments expressed by Senator Diaz, and 13 I do support the Solid Waste Management Plan, 14 this one provision -- and I think we should be 15 clear on this -- is unique. And I don't 16 represent the area down there, it's now 17 Senator Duane's district, but it used to be my 18 district before redistricting. And I know the 19 people there, I know the folks who are in the 20 Coalition to Protect Our Parks. 21 The only area of the city where we 22 need to amend a state law -- and here we have 23 to amend the Hudson River Park Act -- is the 24 Lower West Side of Manhattan, because we have 25 jurisdiction over it. This community has
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(518) 371-8910 1 requested an amendment that would keep the 2 waste transfer facility in their area on the 3 Lower West Side of Manhattan, they've just 4 proposed an alternative location. 5 The most important thing I'd like 6 to amend about what Senator Diaz says is he 7 keeps saying Manhattan will have its own. You 8 mean Lower Manhattan will have its own. Upper 9 Manhattan, we have plenty of garbage. We've 10 got a sewage treatment plant in my district in 11 Upper Manhattan that will outstink any 12 facility anywhere in your district, I assure 13 you. 14 So Upper Manhattan, Alto Manhattan, 15 la provincia mas norte de Republica 16 Dominicana, we have plenty of garbage. But 17 Lower Manhattan is a different -- you take 18 that amendment? You accept that amendment? 19 Lower Manhattan. 20 SENATOR DIAZ: Maybe Lower 21 Manhattan get the -- 22 THE PRESIDENT: Senator 23 Schneiderman has the floor, Senator Diaz. 24 SENATOR SCHNEIDERMAN: That's 25 okay. Thank you. I can handle him. Thanks,
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(518) 371-8910 1 David. 2 (Laughter.) 3 SENATOR SCHNEIDERMAN: The most 4 important thing I want to say, though, is what 5 has impressed me about the request here is 6 very simple. This bill is apparently not 7 coming to the floor in the Assembly. We will 8 revisit this in January. 9 The request that I'm hearing from 10 Senator Duane and the Coalition to Protect Our 11 Parks is they have a location 20 blocks from 12 the proposed location that they would like to 13 have considered. Senator Duane has assured me 14 that this could be done in the next few 15 months. We will see this bill again. We will 16 have another opportunity to approve the 17 state's solid waste management plan. 18 It does seem to me that there's 19 nothing wrong with taking a few months to 20 consider an alternative facility that is in 21 the same area, with the understanding that, 22 either way, we are going to support the Solid 23 Waste Management Plan. 24 I would not support a stonewall by 25 the people representing this area if they're
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(518) 371-8910 1 saying we're going to block the plan as a 2 whole. The plan has gone through. The only 3 question is will there be an amendment to it 4 relating to this one provision. 5 This is the only area of the plan 6 that requires legislative action of this type, 7 because this is the only area of the plan 8 that's in the Hudson River Park. This is a 9 park that's in development. Whether or not 10 and how you locate a facility in a park is 11 slightly different than how you locate a 12 facility elsewhere. 13 So I must say I do have enough 14 sympathy for the coalition seeking a few 15 months to have an alternative plan within 16 their own neighborhood, 20 blocks away, 17 considered. And considering what's going on 18 in the Assembly, that I think I'm going to 19 give them a chance. 20 And I'm going to vote against this 21 with the understanding that by the time this 22 comes back to us in January, if this 23 alternative facility is not approved, I'm 24 going to support the Solid Waste Management 25 Plan. Because I agree in large part with the
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(518) 371-8910 1 principles enunciated by Reverend Diaz. We 2 have had a problem of poor communities doing 3 more than their share of hosting these sorts 4 of facilities. 5 However, when a community is 6 proposing something 20 blocks away from the 7 proposed facility, they at least deserve a 8 hearing. 9 Thank you, Mr. President. 10 THE PRESIDENT: Senator Serrano. 11 SENATOR SERRANO: Thank you, 12 Mr. President. 13 For so many years East Harlem and 14 the South Bronx has had to bear the brunt of 15 many undesirable facilities, things that have 16 contributed to the overwhelming asthma rate 17 that we see in this community. And the South 18 Bronx -- Port Morris, Hunts Point -- has had 19 to handle the majority of Manhattan's waste 20 for decades. This is how it's been. 21 It's been very unfortunate that 22 this level of social injustice continues to go 23 forward. And the idea of borough 24 self-sufficiency in regards to dealing with 25 waste throughout the city was a concept that
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(518) 371-8910 1 for many years we could not get together. 2 So here we have the Solid Waste 3 Management Plan, which finally, as Senator 4 Diaz said, finally addresses an age-old 5 concern. But all those years where there was 6 this mounting injustice in the South Bronx, 7 where was the activism from all of these 8 groups back then? Where were the voices being 9 raised for the generation that may be lost to 10 asthma in my community? We can't get those 11 years back. 12 And my fear is that any further 13 delay will -- every day that we delay this 14 means more trucks continue to go through East 15 Harlem and the South Bronx, more children will 16 get asthma, more lives may be lost. 17 So I think it's important that we 18 keep time -- time is of the essence -- in mind 19 as we move forward with this and ask 20 ourselves, is any further delay in the best 21 interests of the communities that have 22 suffered the most under the social injustice 23 of the current waste management system? Can 24 we afford to continue those delays? And how 25 important is it that we move forward with a
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(518) 371-8910 1 plan whose time has come decades ago? 2 I support this bill. 3 THE PRESIDENT: Senator Adams. 4 SENATOR ADAMS: Would Senator 5 Duane yield for a question, through you, 6 Mr. President? 7 THE PRESIDENT: Senator Duane, 8 will you yield for a question from Senator 9 Adams? 10 SENATOR DUANE: Yes, 11 Mr. President. 12 SENATOR ADAMS: Through you, 13 Mr. President. Senator Duane, were you 14 consulted at all on the proposed site? 15 SENATOR DUANE: No, I was not, 16 Mr. President. 17 SENATOR ADAMS: Would he yield 18 for another question. 19 THE PRESIDENT: Senator Duane, do 20 you continue to yield? 21 SENATOR DUANE: Yes, 22 Mr. President. 23 SENATOR ADAMS: Do you know any 24 elected official on the state level in your 25 area that was consulted?
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(518) 371-8910 1 SENATOR DUANE: Through you, 2 Mr. President, none of us were consulted. If 3 we had been consulted, we would have suggested 4 Pier 76, which is about -- a little over 5 twenty blocks north, or Pier 57, which is five 6 blocks north for this facility. 7 Or, as I say, we would have 8 suggested -- which would be good for the city, 9 better for the city -- the rail transport. 10 And if that was the way we were going to go, 11 to allow either one of those other piers to be 12 used until rail freight became operational, no 13 matter how long that took. 14 It is something that we've thought 15 about, and I think many of the members here 16 and certainly the members who served with me 17 in the New York City Council know of -- I'm 18 not going to speak for my colleagues in the 19 Assembly -- but certainly know of my 20 commitment to environmental justice. I'd 21 already been through the battle surrounding 22 incineration and other solid waste management 23 plans. 24 We've always been not only open to 25 but encouraging of taking Manhattan's solid
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(518) 371-8910 1 waste. And in fact, we know that Manhattan 2 creates more waste than anyplace else because 3 of the central business districts. So when we 4 did deal with Manhattan's own waste, we knew 5 we were dealing with not, of course, just 6 residential waste but the entirety of the 7 commercial and manufacturing waste which is 8 created in Manhattan. And we, in a spirit of 9 one city, wanted to take care of, if you will, 10 that waste. 11 Which, as I say, we -- I'm at the 12 point of saying we fought for it, but in fact 13 we did fight for it. So we weren't consulted. 14 We think we had better ideas. And it's 15 actually a tragedy that we weren't consulted, 16 because now we've lost some time. And as I 17 say, Gansevoort at the earliest couldn't be 18 used until 2013, based on the stipulation; may 19 not be able to be used after that. And in the 20 meantime we have two other excellent piers 21 that could be used for this. So, I mean, 22 that's the tragedy, that we weren't consulted. 23 SENATOR ADAMS: Through you, 24 Mr. President, would the Senator continue to 25 yield.
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(518) 371-8910 1 THE PRESIDENT: Senator Duane, do 2 you continue to yield? 3 SENATOR DUANE: Yes, 4 Mr. President. 5 SENATOR ADAMS: The train 6 transportation of garbage, you stated that the 7 city stated it wasn't possible? 8 SENATOR DUANE: Yes. Through 9 you, Mr. President, the city said that they 10 had looked at it, but in fact they had not 11 looked at it. We went to Amtrak, CSX and 12 Metro North, and they said that it was 13 entirely possible. And as I say, removing 14 trash by rail is a model which is used around 15 huge parts of the country where rail is 16 available. 17 SENATOR ADAMS: Would the Senator 18 continue to yield. 19 THE PRESIDENT: Senator Duane, do 20 you continue to yield? 21 SENATOR DUANE: Yes, 22 Mr. President. 23 SENATOR ADAMS: The alternate 24 site that you recommended, what is the date 25 that it would be ready to be used?
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(518) 371-8910 1 SENATOR DUANE: Through you, 2 Mr. President, sooner than Gansevoort will be 3 available. It's indeed, you know, very, very 4 close to being available right now. 5 There is -- it's more than twice 6 the size of Gansevoort. It's huge. The solid 7 waste facility could be there. 8 And just another -- you know, the 9 bad thing about the solid waste the way it's 10 been traditionally dealt with is not even so 11 much the smelly garbage. The bad thing is the 12 trucks, which we want to get off the streets. 13 And not only is there enough room on 14 Gansevoort for the actual facility where they 15 would load the garbage, the containerized 16 garbage onto ships, but there's also room for 17 that and to have all the truck staging so the 18 trucks would not be on the street, they would 19 actually be on the pier. 20 So in terms of air quality, 76 -- 21 and 57, but 76 is better if what we're trying 22 to do is get truck traffic off the streets and 23 to make air quality better. 24 SENATOR ADAMS: Thank you. 25 Mr. President, on the bill.
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(518) 371-8910 1 THE PRESIDENT: Senator Adams, on 2 the bill. 3 SENATOR ADAMS: Okay, I think, 4 first, I would hate to be a revisionist and 5 have to revisit history to give the impression 6 that Senator Duane was not a person who has 7 always been committed to those environmental 8 issues. And we shouldn't give the impression 9 that because he's doing what we all would do, 10 and that is fight for our districts, that in 11 some way he's attempting to say that we 12 shouldn't share the burden. 13 I think that you have a long 14 record, Senator Duane, of standing up for 15 those issues that are important to our 16 environment. 17 You know, there's an unfortunate 18 pattern that's developing out of the City of 19 New York. And I think about it as we begin to 20 look at the issue of congestion pricing and 21 how we're going to handle that. And it's the 22 level of arrogance, that basically snubbing 23 their nose at state legislators. Two weeks 24 before the end of the term, we're handed a 25 multipage bill on congestion pricing, just to
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(518) 371-8910 1 have every editorial page in the state stating 2 we're wrong if we don't look at it, when City 3 Hall is aware of these deeds. 4 To look at a site with the 5 understanding that you would need state input, 6 and not speak to the state legislators, that's 7 a slap in the face to all of us. And to 8 continue to cover oneself in the 9 environmentalist flag and state that what we 10 want to do is best for the environment, if you 11 want to do what's best for the environment, 12 then the first step is to speak to those state 13 legislators who have input. 14 Tom is right, Senator Duane is 15 right by representing his community. If a 16 site was built in my district and I did not 17 have input in that site, I would be just as 18 vociferous as Senator Duane is, and I'm sure 19 we all would be. And in fact we would be 20 neglecting our duties if we didn't do that. 21 So to know that there's an 22 alternative site that is blocks away, to find 23 out that City Hall lied about the use of road 24 transportation using trains, and to give the 25 indication that every day we delay the Mayor
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(518) 371-8910 1 is threatening the community with if we don't 2 go with his plan, then he's not going to look 3 at any other sites -- that's insulting. It's 4 insulting to me, and it should be insulting to 5 those who have areas with a high rate of 6 asthma. 7 Yes, we want to deal with those 8 areas. Yes, we do want to build a site. Yes, 9 Lower Manhattan below 86th Street, which 10 happens to be congestion-pricing territory. 11 But yes, those sites should contribute to the 12 cleanup of garbage. 13 But to merely state any plan is 14 good enough, any plan that we create is a good 15 plan long as it's in Manhattan, we can't be so 16 thirsty with putting it in Manhattan that 17 we're not going to examine is it the right 18 move to make. 19 So, Senator Duane, I'm torn. 20 Because as you know, historically our 21 communities have held the highest level of 22 garbage. We have been Manhattan's bastard 23 child when it comes down to dumping the 24 garbage. So I'm torn on should I support this 25 bill or shouldn't I support this bill, because
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(518) 371-8910 1 the message does -- it must be sent to 2 metropolitan Manhattan that we all have to 3 share this burden together. 4 But at the same time, I think you 5 raise a very troubling and disturbing pattern 6 that seems to be coming from City Hall that 7 state legislators do not matter, that state 8 legislators do not have a right in how major 9 changes are going to take place in their 10 community. 11 And I'm asking my colleagues on 12 both sides of the aisle, we need to consider 13 this when congestion pricing comes to this 14 floor. What input did we have in this? What 15 role do we have? Are we merely just going 16 through some ceremonial gesture of sitting 17 here in these beautiful red-cushioned chairs, 18 or are we legislators? And if we're not, then 19 why are we coming up here? 20 So I think you raise a good point, 21 Senator Duane. I'm not quite sure which way 22 I'm going to vote on this bill. I think that, 23 though, your colleagues from the Bronx, your 24 colleagues from Harlem, your colleagues from 25 other parts of the city, I just urge you to be
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(518) 371-8910 1 concerned that any plan is not the only plan. 2 We need to do the right plan. 3 And the right plan should include 4 not only Senator Duane when it's in Lower 5 Manhattan, but you know what? It should 6 consider you, Senator Diaz, when it's in the 7 Bronx. It should consider you, Senator 8 Perkins, when it's in Upper Manhattan. It 9 should consider all of us. We should be part 10 of the planning. 11 And unless one of my colleagues 12 from those areas can stand up and tell me they 13 had input in the plan, or if they had input in 14 those waste treatment sites in their 15 community, then I can say there was something 16 done that was different. But we don't have 17 input. And we need to have input. 18 Diane Savino should have input when 19 something takes place in closing down or 20 opening the site on Staten Island. We all 21 should have input as state legislators on 22 those things that we will have to decide if it 23 goes forward. 24 So right now I don't know which way 25 I'm going to go on the vote, Senator Duane.
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(518) 371-8910 1 But I want to once again commend you on your 2 long dedication to dealing with environmental 3 issues. 4 And we should not give the 5 impression that because you are fighting for 6 your district and believing that another 7 location or another site is as good as the 8 site or better than the site that's chosen, 9 that you're trying to abdicate your 10 responsibility of dealing with waste treatment 11 throughout the city. That would be a wrong 12 message to send. And I know what you have 13 done throughout the years, and I commend you 14 for that. 15 THE PRESIDENT: Senator Connor. 16 SENATOR CONNOR: Thank you, 17 Mr. President. 18 You know, over my years here, as my 19 district changed, it's like solid waste 20 management problems have followed me. In 1979 21 or '80 I was the only member of this house to 22 vote against a proposal that came up for an 23 incinerator in my district in Williamsburg, in 24 the Navy Yard, a large incinerator. 25 Then-Assemblyman Strelzin, I went over and
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(518) 371-8910 1 told him it was on the agenda, and he was the 2 only one in the Assembly. And we were told: 3 This is going to happen, Ed Koch wants it. 4 Years later, after much community opposition, 5 that proposal was shot down. 6 Then we got into the marine waste 7 transfer station problems. No, I should say 8 then I had Staten Island with the largest 9 mountain of garbage on the East Coast -- and I 10 believe was quickly becoming the highest 11 point, actually, on the coast, on the entire 12 East Coast of the United States. 13 And then, I don't know, 10 years or 14 so ago there was a proposal for six new marine 15 waste transfer stations. Five of them were to 16 be in my district in Brooklyn -- in Sunset 17 Park, in Williamsburg, and in Greenpoint. We 18 already had a few. And yes, some of these 19 neighborhoods -- Red Hook, Sunset Park -- were 20 minority neighborhoods, and there was no 21 justice in that proposal. None whatsoever. 22 They already had more than their fair share of 23 transfer stations. 24 And now I find myself representing 25 a goodly part of Hudson River Park, and this
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(518) 371-8910 1 issue of the Gansevoort transfer station 2 arises. It's not in my district, it's in 3 Senator Duane's district. Although I have 4 constituents who are quite concerned about it. 5 They're quite enthusiastic about having this 6 park that we, this Legislature, promised them 7 and enacted into law. And we confront this 8 issue. 9 And Senator Adams is absolutely 10 right, and he said what I was going to say. 11 Over and over again, over the years, I've seen 12 the City of New York arrive at this 13 Legislature in the last couple of weeks or the 14 last week of session with a proposal that 15 affects our district and with no consultation 16 whatsoever with the elected state 17 representatives. 18 My colleagues on the other side of 19 the aisle, can you imagine any of your local 20 governments coming up here with a proposal 21 that requires state legislation and they never 22 talk to you until the bill got filed, and they 23 didn't talk to you since? That's happened. 24 When I was Minority Leader, it 25 happened with a -- I got a call saying, "Oh,
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(518) 371-8910 1 we finally agreed" -- it was the Lower 2 Manhattan Revitalization Act -- "we finally 3 agreed." This was from community people in 4 Lower Manhattan. "We finally have a deal with 5 City Hall for this major tax incentive 6 revitalization program for Lower Manhattan." 7 I said "Yeah?" 8 "Well, it requires legislation." 9 I said, "Have you talked to Speaker 10 Silver? You haven't talked to me. It's in 11 our district." 12 "No, no, no, we're going to send 13 the bill up. You'll pass it, right?" 14 I said, "I haven't seen the bill. 15 No one's talked to me." 16 "Oh, we negotiated it all with City 17 Hall." 18 "Well, you didn't negotiate with 19 the State Legislature. You didn't negotiate 20 with the Assembly member and the State Senator 21 for the district." 22 Eventually they talked to us and 23 eventually, under my sponsorship in this house 24 and Speaker Silver's in the Assembly, we 25 passed it.
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(518) 371-8910 1 But over and over, the city does 2 this. I've been getting calls and mail and 3 seeing TV ads for weeks and weeks and weeks 4 for congestion pricing. A concept I like. A 5 concept that's probably needed. But no bill. 6 No bill until, what, a week and a half ago. 7 Not enough details in the bill. Some aspects 8 of it are the city wants carte blanche. 9 You know, I recently met, oh, last 10 year, I guess, with a group in my district 11 that was working on residential parking 12 permits. And they had been meeting with the 13 City Councilmember and the City Department of 14 Transportation for year after year after year 15 to create a system of residential parking 16 permits. 17 And I was at this meeting at 18 borough hall, and it looked like they thought 19 they had a deal. And I said, "What about 20 state legislation?" And everybody looked at 21 me and said: "State legislation? We don't 22 need state legislation. We've been dealing 23 with City DOT." 24 And I said, "Well, you most 25 certainly do. Look at the statute. There are
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(518) 371-8910 1 dozens of sections lettered A through, I don't 2 know, MM or something for virtually every city 3 in this state that has residential parking 4 permits. You need state legislation." 5 They said: "No." The city DOT 6 people sat there silently, not acknowledging 7 that it was needed. 8 I looked up the case law. It's a 9 constitutional decision by our Court of 10 Appeals, a long-standing one. You can't 11 restrict access to the highways of this state, 12 including parking on them, and that includes 13 every roadway, without state legislation. 14 The message is, and Senator Adams 15 is absolutely right, if you need state 16 legislation for either constitutional reasons 17 or in this case you're modifying a statute 18 that this Legislature passed creating a park, 19 how about talking to the people that are 20 concerned? 21 And what Senator Duane is and the 22 community is seeking here is not to send the 23 garbage back to Brooklyn or the Bronx. I 24 would not be for that. What they're saying 25 is: Talk to us, we'll give you an alternative
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(518) 371-8910 1 in our community that will work better for the 2 city and for the community. 3 And it's just plain arrogance on 4 the parts of the city to not consider that, to 5 not have consulted the state elected 6 representatives when they need legislation for 7 something. 8 I am for -- and by the way, the 9 rest of the Solid Waste Management Plan, if 10 the city has the power to implement it, they 11 should implement it. In this case they need 12 our approval, they need the state's approval. 13 The least they could do is pay the courtesy to 14 the state elected representatives for that 15 area to hear them out, to consider the 16 alternatives, to talk to a community, 17 seriously talk to a community -- not talk at a 18 community, talk to the community that's 19 willing to accept its fair share and just says 20 move it a few blocks, it will work far better. 21 They won't even hear why the community thinks 22 that. 23 So in this case I'm voting no on 24 this bill. I know how I'm voting. Because 25 I've seen this over and over again. It's time
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(518) 371-8910 1 it stops, it's time we get the respect we 2 deserve. 3 Thank you. 4 THE PRESIDENT: Senator Perkins. 5 SENATOR PERKINS: Thank you, 6 Mr. President. I'd like to speak on the bill. 7 THE PRESIDENT: Senator Perkins, 8 on the bill. 9 SENATOR PERKINS: There is no 10 question that this Mayor has not been the best 11 at communicating with us with regard to 12 congestion pricing and any other number of 13 things that take place sometimes in our 14 neighborhoods. And I have publicly denounced 15 him time and time again because of that. 16 But, Senator Adams, I have to admit 17 on this one I was consulted. I was consulted, 18 however, several years ago as a member of the 19 City Council when this proposal first came 20 before us. And at that time this solid waste 21 management treatment plan was proposed, and it 22 was debated vociferously. Because the essence 23 of it was that the new sites would not be in 24 those communities that traditionally have 25 suffered from being the ones where these
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(518) 371-8910 1 plants were located. 2 It was a plan that from the 3 perspective of Manhattan included East 91st 4 Street, I believe in Senator L. Krueger's 5 district -- or maybe it was Senator Serrano's 6 district. But it wasn't his East Harlem 7 barrio part of the district, it was in the 8 silk-stocking part of his district, the 9 wealthier, whiter part of his district, who 10 fought tooth and nail to prevent it from being 11 sited there. And then of course this one was 12 also part of the plan. 13 And I voted for the solid waste 14 management treatment plan then. And the 15 reason I voted for it is because of the 16 history of the siting of these plans. And 17 those who I depend on very much, who are what 18 I consider to be the experts, the 19 environmentalists, those who have been 20 fighting environmental racism, had fought very 21 hard to get this type of plan for the first 22 time to be considered by the city. 23 And I want to make sure it's clear 24 I consider Tom, Senator Duane, not just a 25 friend but a partner in the struggle against
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(518) 371-8910 1 environmental racism. So I don't consider 2 this a NIMBY per se on his part. 3 But, as was the case then, I 4 believe is the case now, which is that delay 5 will be a problem. And so, as I have in the 6 past, when this first was presented to me -- 7 ACTING PRESIDENT LITTLE: Senator 8 Adams -- excuse me, Senator Perkins. 9 Senator Adams, why do you rise? 10 SENATOR ADAMS: Would Senator 11 Perkins yield for a question, please. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Perkins, will you yield for 15 a question? 16 SENATOR PERKINS: Yes. 17 ACTING PRESIDENT LITTLE: The 18 Senator yields. 19 SENATOR ADAMS: Senator Perkins, 20 when you were the City Councilperson and you 21 were told about this plan several years ago, 22 was Senator Duane a State Senator? 23 SENATOR PERKINS: I believe so. 24 SENATOR ADAMS: Was Senator 25 Krueger a State Senator?
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(518) 371-8910 1 SENATOR PERKINS: I believe so. 2 SENATOR ADAMS: Would he yield 3 for another question, please. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator, do you continue to yield? 7 SENATOR PERKINS: Yes. 8 ACTING PRESIDENT LITTLE: Thank 9 you. The Senator yields. 10 SENATOR ADAMS: Do you believe 11 the environmentalists who you trust their 12 opinion of dealing with environmental racism, 13 do you believe their concern was to move a 14 site in Lower Manhattan? Or was their concern 15 to move it to only that site? What was their 16 primary concern, in your -- 17 SENATOR PERKINS: This was the 18 site that was a part of the plan that was 19 approved at that time. 20 SENATOR ADAMS: Would he continue 21 to yield. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator, do you continue to yield? 25 SENATOR PERKINS: Yes.
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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. The Senator yields. 3 SENATOR ADAMS: I understand that 4 that was the plan. But the question I'm 5 trying to find out, was the desire of those 6 environmentalists that you depend on, was 7 their desire to move a site in Lower 8 Manhattan, or was it only at that particular 9 site? Would they be upset if the site was 20 10 blocks up or 20 blocks south? What was their 11 desire? 12 SENATOR PERKINS: A twofold 13 answer. It was a very site-specific plan, 14 which included what I just described. 15 And, number two, their desire, as 16 it has been represented to me -- and I would 17 dare say to others as well -- is that this 18 plan go forward, as proposed then, without any 19 delay. 20 And by the way, I want to also say 21 that they're not in the pocket of the Mayor, 22 as may have been rumored. And for them it's 23 an insult to suggest that their opinion, that 24 their advocacy has anything to do with being 25 bought off by the Mayor.
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(518) 371-8910 1 And these are groups like the West 2 Harlem Environmental Action Group, which 3 represents Northern Manhattan, where we have 4 such a solid waste treatment plant, as well as 5 other local neighborhood environmentalists 6 that are part of the Northern Manhattan area 7 where the concern is that the delay will 8 continue the trucking through those 9 neighborhoods. 10 SENATOR ADAMS: Would the Senator 11 continue to yield. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Perkins, do you continue to 15 yield? 16 SENATOR PERKINS: Yes. 17 ACTING PRESIDENT LITTLE: The 18 Senator yields. 19 SENATOR ADAMS: I understand, 20 Senator Perkins, that they presented a plan. 21 What I'm trying to find out -- and you can 22 correct me if I don't know, but I'm trying to 23 find out -- was it their desire to find a 24 location that was in the southern part of 25 Manhattan? I understand that they presented a
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(518) 371-8910 1 plan. But was that their overall desire? 2 SENATOR PERKINS: Their desire 3 was for this site as it was represented in the 4 plan. 5 However, what you're asking me 6 would require of me skills that I don't have, 7 which is to read into their minds, as opposed 8 to what they actually said and what they 9 actually advocated for, which was very 10 explicit and very vigorous. 11 SENATOR ADAMS: Would the Senator 12 continue to yield. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Perkins, do you continue to 16 yield? 17 SENATOR PERKINS: Yes. 18 ACTING PRESIDENT LITTLE: The 19 Senator yields. 20 SENATOR ADAMS: Thank you. 21 Senator Perkins, was it your 22 desire, when you saw the high numbers of 23 asthma in your community, was it your desire 24 to ensure that Lower Manhattan carried their 25 share of the garbage? Was it your desire?
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(518) 371-8910 1 SENATOR PERKINS: Yes. 2 SENATOR ADAMS: Okay. Thank you. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Is there any other Senator wishing 6 to speak? 7 Senator Lanza, to close. 8 SENATOR LANZA: Thank you, Madam 9 President. On the bill. 10 I rise to urge my colleagues to 11 vote in favor of this legislation and to 12 respectfully disagree with some points that 13 have been made by those of my colleagues who 14 have risen to oppose it. 15 The City of New York produces 16 22,000 tons of waste and recyclables every 17 single day. And for decades the way the city 18 has handled that trash has been characterized 19 by one principle, and that has been 20 unfairness. And some of my colleagues who 21 rose and talked about the social injustice, 22 the environmental injustice, were absolutely 23 truthful in what they said. 24 Last year the City Council voted 25 overwhelmingly in favor of the city's Solid
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(518) 371-8910 1 Waste Management Plan, known affectionately as 2 "the Swamp." It was approved later in the 3 year by the State DEC. That plan will 4 revolutionize how the City of New York handles 5 its trash and recyclables. 6 It is characterized by flexibility, 7 environmental fairness and justice, and a 8 principle that has been so important and has 9 been the object of a quest over the last 10 decade for folks who live in the outer 11 boroughs, a quest that has been waged by the 12 folks who live in the outer boroughs, and that 13 is borough self-sufficiency, whereby each 14 borough handles its share of its garbage. 15 In the past, the outer boroughs -- 16 we heard from Senator Diaz in the Bronx, and 17 Senator Serrano, and Greenpoint, Williamsburg 18 in Brooklyn -- have been burdened with a 19 disproportionate share of waste facilities. 20 Let me add another fact for you 21 with respect to another group of people who 22 have been the victims of environmental 23 injustice, and those are the hundreds of 24 thousands of people who live in my district in 25 Staten Island, who have suffered in the
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(518) 371-8910 1 shadows for 48 years of one of the worst 2 environmental disasters in the State of 3 New York. By that I mean, let me remind 4 you -- Senator Connor brought it up -- the 5 unpermitted, unlined, illegal Fresh Kills 6 Landfill. 7 Senator Serrano asked where all the 8 voices in opposition to the environmental 9 injustice were with respect to the people in 10 his community. I would suggest to you they 11 were with the rest of the people in the city 12 who stood idly by and silent as that 13 environmental disaster went year in and year 14 out for nearly five decades. 15 So now we have a plan to take us 16 beyond that, to move us into a plan that will 17 equitably distribute the facilities and the 18 way the city handles its garbage. The 19 Gansevoort transfer station is the final 20 legislative hurdle to the implementation of 21 that plan. That said, I need to disagree with 22 points made by those who spoke in opposition. 23 This plan was a decade in the 24 making. It didn't happen secretly at night. 25 I sat in the City Council, on the Committee of
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(518) 371-8910 1 Sanitation and Solid Waste. There were 2 numerous public hearings that considered this 3 plan. Testimony was invited from the 4 community at large. Any elected official 5 would have been welcome at those hearings to 6 discuss this plan. Testimony was received by 7 some elected officials, not just in the city, 8 with regards to this plan. 9 The alternatives. My fear is that 10 alternatives have been proposed merely to 11 frustrate this plan, to delay implementation 12 of this plan. They've been vetted. 13 Environmental groups by and large support the 14 opening of this transfer station. Why? 15 Because in the end of the end of the day it 16 will remove 5.6 million truck miles of traffic 17 from the roads of the City of New York. 18 The Gansevoort transfer station in 19 and of itself would remove 30,000 truck miles 20 of traffic from the streets of the City of 21 New York. It was mentioned we have one of the 22 highest asthma rates in the country, four 23 times the national average, in the City of 24 New York. This plan will remove 5.6 million 25 truck miles of traffic and all the attendant
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(518) 371-8910 1 greenhouse gases and pollutants that hurt our 2 environment and no doubt contribute to that 3 ridiculous asthma rate in the City of 4 New York. 5 So this plan has been vetted. It 6 has been aired out. There has been the 7 opportunity for anyone wishing to testify or 8 to submit testimony with respect to this plan 9 in the City Council. The Speaker of the City 10 Council, Christine Quinn, within whose 11 district this site exists, is in favor of this 12 plan, came out only weeks ago to support it. 13 Talk about what can happen to you. 14 I'll tell you what can happen to you: what 15 happened to the people of Staten Island who 16 had to suffer, let me repeat, under one of the 17 worst environmental disasters in this state's 18 history. And people stood by silently. 19 We need to get beyond that. We 20 can't delay this. Delay means uncertainty. 21 Delay means that those trucks will continue to 22 run through the streets of every district in 23 our city, primarily in the outer boroughs. 24 Those alternatives, they're not 25 feasible. By everyone's account they are
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(518) 371-8910 1 not -- with the exception of a few, they're 2 not feasible. And I fear that's why they're 3 being proposed. They're being proposed in 4 order that this plan is defeated. 5 We need to put the final chapter to 6 bed here with respect to the way the city 7 deals with its waste and recyclables. This 8 plan does it. Enacting this legislation will 9 clear the way to make sure that that historic 10 plan becomes a reality. I urge my colleagues 11 to vote in favor of this. 12 Thank you, Madam President. 13 ACTING PRESIDENT LITTLE: Thank 14 you, Senator Lanza. 15 The debate is closed. The 16 Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT LITTLE: Senator 24 Adams, to explain his vote. 25 SENATOR ADAMS: Yes, Madam
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(518) 371-8910 1 President. I think, you know, we have to be 2 extremely careful not to allow politics by 3 blackmail. 4 All the experts that I've heard on 5 this issue, they've stated over and over 6 again, if we delay, if we delay, the Mayor is 7 not going to allow us to move ahead with any 8 other project. This has been stated often. 9 And, you know, I commend both 10 Senator Perkins as well as Senator Duane 11 because they've long been soldiers in this 12 battle of improving the environment that we're 13 in. And it's important that Manhattan find an 14 alternative site. And this is probably the 15 first time I've been in this chamber that I'm 16 torn on the issue of vote. 17 I'm going to vote in support of the 18 bill. But I encourage my colleagues that we 19 look towards City Hall and demand that the 20 city halls throughout this state show this 21 body the respect that it deserves. 22 ACTING PRESIDENT LITTLE: Thank 23 you. Senator Adams will be recorded in the 24 affirmative. 25 Could we have it quiet in the
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(518) 371-8910 1 chamber, please, while members explain their 2 votes. 3 Senator Duane. 4 SENATOR DUANE: Thank you, Madam 5 President. 6 You know, I was in the City Council 7 when Fresh Kills was closed. And I think the 8 only part of that that was unfortunate is that 9 there was no plan in place and we've struggled 10 since then to deal with our solid waste. It 11 would have been better to, at the very least 12 simultaneously, have a plan that was workable. 13 But I would be remiss if I didn't 14 draw the example, since it was raised by my 15 colleague. An agreement was made between the 16 people of Staten Island and then-Mayor 17 Giuliani to close the Staten Island landfill. 18 And what's happening with us in Gansevoort, 19 although it is on a slightly smaller scale, is 20 as if the city reneged on its agreement to 21 close Fresh Kills. 22 That's what they're doing with us, 23 signing a stipulation saying that they would 24 move off the piece of land and then going back 25 on their word and siting a facility there,
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(518) 371-8910 1 especially when we have other viable 2 alternatives, better alternatives, one 20 3 blocks away, one five blocks away. 4 Madam President, I'll be voting in 5 the negative, with the sincere desire that no 6 one else in this chamber is ever put in the 7 same position that I'm being put in today. 8 Because that could happen. 9 Thank you, Madam President. 10 ACTING PRESIDENT LITTLE: Thank 11 you. Senator Duane will be recorded in the 12 negative. 13 Senator Perkins, to explain his 14 vote. 15 SENATOR PERKINS: Thank you. 16 I just want to again reiterate my 17 support for this. And especially from the 18 perspective of environmental justice, the fact 19 that certain communities, including my own, 20 have over the years suffered having to be the 21 dumping grounds for the city's waste, for the 22 city's garbage, and has had the consequences 23 of all kinds of illnesses -- in fact, even a 24 sense of paranoia that it would never change, 25 that it would continue to be the case.
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(518) 371-8910 1 This particular situation at 2 Gansevoort has risen to almost a point of a 3 symbolic thing in some people's minds because 4 it represents another opportunity to do the 5 right thing. And folks are concerned that if 6 there's a delay, it will be a delay that is 7 designed to redo the whole plan, with the 8 result that the dumping will go back to those 9 communities such as mine, such as the ones in 10 the Bronx and other so-called minority 11 communities, communities that are for the most 12 part black and Latino and low-income. 13 And we don't want to see that 14 anymore. I'm sure Senator Duane doesn't want 15 to see that anymore. And I would urge that 16 when we have these differences that we do not 17 undermine the debate by characterizing the 18 leaders in these efforts, who are 19 environmentalists, who were for years and 20 years and years, as being corrupt or in the 21 pockets of the Mayor. 22 Thank you. 23 ACTING PRESIDENT LITTLE: Senator 24 Perkins, how do you vote? 25 SENATOR PERKINS: I'm voting yes.
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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. You will be recorded in the affirmative. 3 Senator Sabini, to explain his 4 vote. 5 SENATOR SABINI: Thank you, Madam 6 President. To explain my vote. 7 Senator Duane is right about one 8 thing. When the Giuliani administration, in 9 their desperate attempt to curry favor with 10 Staten Island, closed the Staten Island 11 landfill, there wasn't a plan of what to do 12 with the garbage. And I believe that in 13 retrospect one of the greatest failings of the 14 eight years of the Giuliani administration was 15 having a goal -- closing Fresh Kills -- 16 without having a plan. 17 And, you know, the garbage doesn't 18 stop in New York. It just keeps on coming. 19 Like Lucy and Ethel at the candy factory, it 20 just keeping coming. So we've got to find a 21 way to do it. 22 And I've got to give Mayor 23 Bloomberg credit. During his term in office 24 he has tried very hard to deal with that and 25 get a plan that was fair, environmentally
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(518) 371-8910 1 sensitive, recyclable-friendly. And I think 2 he's done that. 3 I served on the City Council for 4 10 years, and one of the first bills we passed 5 when we got there -- and Senator Duane was a 6 member of the same class -- was to force the 7 City Council to approve the Solid Waste 8 Management Plan before it was submitted to 9 DEC. Now, why is that impressive? Because 10 then people actually had to vote on the fates 11 of their own districts and things like that 12 before it went down the pike to DEC. 13 So the Council holds lots of 14 hearings on this, people are invited to 15 testify ad nauseam. Perhaps the longest 16 hearings I ever went to were Environmental 17 Protection hearings on the first solid waste 18 management plan that the city submitted 19 through the council. 20 This plan went through all that, it 21 was approved by DEC. It is the most local of 22 bodies, the council, and they spent lots of 23 time analyzing this. And while it may not be 24 a perfect site, there are no perfect sites for 25 garbage, because no one likes having it near
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(518) 371-8910 1 them or having it trucked near them. 2 So I do extend concerns over the 3 arguments made by Senator Duane, but I think 4 in totality we should let this plan move 5 forward. I'm going to vote aye. 6 ACTING PRESIDENT LITTLE: Thank 7 you. Senator Sabini will be recorded in the 8 affirmative. 9 Senator Lanza, to explain his vote. 10 SENATOR LANZA: Thank you, Madam 11 President. I vote aye. 12 I just want to voice my outrage 13 with respect to what I just heard, that Mayor 14 Giuliani should somehow be criticized for 15 closing one of New York State's worst 16 environmental disasters. It is one of his 17 shining moments. 18 Let me remind my colleagues about 19 what exactly the Staten Island landfill was. 20 There was no lining, as is required under 21 federal law. It was without permit. It sat 22 in just about the worst place you can pick to 23 put an unlined dump, unless, of course -- 24 unless, of course, you were politically 25 motivated in where you were placing it. It
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(518) 371-8910 1 sat on tidal wetlands, brackish waters, 2 estuaries. 3 The worst place you could ever have 4 imagined to put an unlined dump, and that's 5 where they put it. And why? Because it was 6 on Staten Island. Why? Because it was 7 politically motivated. 8 And so Mayor Giuliani ought to be 9 commended for what he did. Because remember, 10 it was Governor Cuomo, Mayor Dinkins, Mayor 11 Koch, Mayor Beame who every single year, by 12 the swipe of a pen, said: I ignore the law 13 and I don't care about the people of Staten 14 Island and I don't care about the environment. 15 And they signed off on continuing to pile that 16 garbage there. 17 So that was one of Mayor Giuliani's 18 finest moments, and now Mayor Bloomberg's 19 finest moment in taking the city out of the 20 shadows of that environmental disaster. 21 I vote aye, Madam President. 22 ACTING PRESIDENT LITTLE: Thank 23 you. Senator Lanza will be recorded in the 24 affirmative. 25 Senator Stachowski, to explain his
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(518) 371-8910 1 vote. 2 SENATOR STACHOWSKI: Madam 3 President, I wasn't going to say anything. 4 But having been here when the Staten Island 5 landfill was closed, I would have to point out 6 that I thought the only point that Senator 7 Duane was making wasn't that it was a good 8 idea to close Fresh Kills, which it was. 9 The problem was, and it was 10 mentioned and debated on the floor at the 11 time, was that, yeah, Mayor Giuliani's doing a 12 good thing, he's closing this, but he had no 13 plan what he was going to do with the garbage 14 once he closed it. And that's what the 15 problem was. That's what Senator Duane just 16 pointed out. And if that's a shining moment, 17 that's great. 18 But I'm going to vote for this 19 bill. 20 ACTING PRESIDENT LITTLE: Thank 21 you. Senator Stachowski will be recorded in 22 the affirmative. 23 The Secretary will announce the 24 results. 25 THE SECRETARY: Those recorded in
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(518) 371-8910 1 the negative on Calendar Number 1637 are 2 Senators Breslin, Connor, Duane, Klein, 3 L. Krueger, C. Kruger, Schneiderman, and 4 Stavisky. 5 Absent from voting: Senator 6 Fuschillo. 7 Ayes, 53. Nays, 8. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1709, by Senator Griffo, Senate Print 2724, 13 Concurrent Resolution of the Senate and 14 Assembly proposing an amendment to Section 1 15 of Article 5. 16 SENATOR LIZ KRUEGER: 17 Explanation. 18 ACTING PRESIDENT LITTLE: Thank 19 you. Senator Griffo, for an explanation. 20 This is a concurrent resolution, 21 though. It's not a bill. 22 SENATOR GRIFFO: Thank you, 23 Madam President. 24 We during the course of this 25 session have had a deal with a number of
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(518) 371-8910 1 changes in the political landscape. And what 2 I was attempting to do here, after in recent 3 memory we've seen this particular office, the 4 Office of State Comptroller, change twice 5 through an act of resignation and the current 6 process be put in place where an appointment 7 to that office takes effect. 8 This year particularly was 9 concerning, because it would be almost a 10 four-year appointment to a job that has great 11 authority and responsibility, and that the 12 people should have the choice and have had the 13 choice to make that determination in a general 14 election. 15 If we look at what happens in a 16 vacancy in state government, in the 17 Legislature, there will be a call for a 18 special election. We saw that this year in 19 the State Senate. We look at local 20 government, and local governments across the 21 state, when there's a vacancy in the elective 22 office, there is a special election to 23 ultimately fill that seat. 24 So what I have attempted to propose 25 here is an opportunity to continue to engage
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(518) 371-8910 1 and involve the people in the democratic 2 property to select those chief statewide 3 elected officials, like the Comptroller, so 4 ultimately they will have the final decision 5 on who should be running and charged with the 6 responsibilities and duties such as the office 7 of the Comptroller, a significant job as it 8 is, rather than allowing an appointment 9 through a legislative body. 10 ACTING PRESIDENT LITTLE: Thank 11 you. Senator Krueger. 12 SENATOR LIZ KRUEGER: Thank you, 13 Madam President. If the sponsor would yield, 14 please. 15 ACTING PRESIDENT LITTLE: Thank 16 you. Senator Griffo, do you yield for a 17 question? 18 SENATOR GRIFFO: Gladly. 19 ACTING PRESIDENT LITTLE: Yes, 20 the Senator yields. 21 SENATOR LIZ KRUEGER: Thank you, 22 Madam President. Thank you, Senator Griffo, 23 for your explanation. 24 So I understand your point. We 25 have no model for special elections for
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(518) 371-8910 1 Attorney General or Comptroller, and so we end 2 up with the Legislature deciding. And I heard 3 you say that we should put this back in the 4 hands of the people, and I agree with you. 5 But how would the people decide the 6 candidates in a special election for a 7 statewide office? What would be the process, 8 from your bill, of who would make the decision 9 of who were the candidates running for that 10 seat? 11 SENATOR GRIFFO: Well, the 12 bill -- Madam President. 13 ACTING PRESIDENT LITTLE: Thank 14 you. Senator Griffo. 15 SENATOR GRIFFO: Senator Krueger, 16 the bill as presently drafted would allow for 17 the same procedures that are in place today 18 for selection during the legislative process. 19 It would entail a special election to be 20 called by the Governor. And obviously there 21 are certain things, benchmarks that you would 22 use. 23 For instance, if it were after 24 June, it would take place in that November. 25 If it were after September 20th, it would have
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(518) 371-8910 1 wait until the next general year. 2 So basically it follows the same 3 procedures that are in existence right now if 4 there were a vacancy in a seat like we had in 5 the Senate this year. 6 SENATOR LIZ KRUEGER: Thank you, 7 Madam President. On the bill. 8 ACTING PRESIDENT LITTLE: Thank 9 you. Senator Krueger, on the bill. 10 It's a resolution, Senator. On the 11 resolution. 12 SENATOR LIZ KRUEGER: Excuse me. 13 Thank you. My mistake. On the resolution, 14 Madam President. 15 ACTING PRESIDENT LITTLE: That's 16 okay. Thank you. 17 SENATOR LIZ KRUEGER: Thank you. 18 Well, here's my problem with the 19 resolution, Senator. I don't think special 20 elections are the best model for filling 21 vacancies. Because on a local level, in a 22 special election you can have a county 23 committee or a subpopulation of a county 24 committee making the decision who's the 25 candidate for the Democrats, who's the
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(518) 371-8910 1 candidate for the Republicans. And 2 third-party candidates really don't have any 3 options. 4 And on a statewide basis, for a 5 special election you're basically saying 6 whoever is leading the Democratic Party and 7 whoever is leading the Republican Party, 8 that's the two people who will decide who the 9 two candidates for a statewide special are. 10 So I think you and I both want a 11 process where the people really do have a say, 12 but I'm afraid that in a statewide special 13 election, where it would just be the leader of 14 each party deciding you're the candidate and 15 you're the candidate, ironically we'd actually 16 see less participation of people in making the 17 decisions who the candidates were over the 18 current model. 19 But I share your concerns about the 20 current model. So there's a movement of 21 people, and I support that movement, who are 22 saying we need to change the structure for 23 special elections, we need to set up a 24 mechanism for primaries within special 25 elections so that people really do have an
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(518) 371-8910 1 opportunity to compete for these seats. 2 And if I can see the value of that 3 argument for an Assembly seat or a Senate 4 seat, I can absolutely make the argument that 5 to decide who should be the next Attorney 6 General or Comptroller of the State of 7 New York, if there is a vacancy, that we 8 should really open it up to the people and set 9 up a process where we could have a primary 10 process rather than just the two party heads 11 deciding who the two candidates would be. 12 That we should perhaps have a model 13 of weighted voting, using instant runoff 14 voting as one possibility, if we're concerned 15 about a timeliness factor in replacing an 16 Attorney General or Comptroller. Because I 17 think we probably would all agree we wouldn't 18 want to spend an extended period of time 19 without someone being the Attorney General or 20 the Comptroller of the State of New York. 21 So we could do a primary election 22 before we got to the point of the special 23 election. We could do runoff voting for 24 determining that the majority candidate 25 actually won the election. We could come up
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(518) 371-8910 1 with a variety of models that we use in other 2 parts of the country or for other seats. 3 But again, my reason for voting 4 against your resolution tonight is I really 5 think, when you think of a statewide election 6 and you say a special election is better than 7 the Legislature deciding, that sounds right. 8 But when you actually ask the question who 9 would decide who each of the two party 10 candidates would be, it would not be all of 11 the Legislature deciding or taking a vote, it 12 would be literally two people in the State of 13 New York deciding one party's candidate and 14 the other party's candidate. And so I don't 15 sincerely think that was what you wanted it to 16 be either. 17 So I'll vote no on the resolution. 18 Thank you, Madam President. 19 ACTING PRESIDENT LITTLE: Thank 20 you, Senator Krueger. 21 Senator Sabini. 22 SENATOR SABINI: Madam President, 23 would the sponsor yield for a question. 24 ACTING PRESIDENT LITTLE: Thank 25 you. Senator Griffo, will you yield for a
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(518) 371-8910 1 question? 2 SENATOR GRIFFO: Yes. 3 ACTING PRESIDENT LITTLE: Thank 4 you. The Senator yields. 5 SENATOR SABINI: Thank you. 6 Madam President, through you, if the sponsor 7 could tell me who would call the special 8 election and at what point would it be 9 required to be called. 10 SENATOR GRIFFO: Madam President. 11 ACTING PRESIDENT LITTLE: Thank 12 you. Senator Griffo. 13 SENATOR GRIFFO: Senator Sabini, 14 I had indicated earlier, based on the current 15 concept, it would be at the discretion of the 16 Governor. 17 And again, it would use certain 18 milestones, as I indicated. If it were before 19 June, it would be within that time period. 20 After July, it would become a November 21 election. And after September 20th, you have 22 another problem; it would have to go to the 23 next year. 24 SENATOR SABINI: Thank you, Madam 25 President. Through you, if the sponsor would
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(518) 371-8910 1 continue to yield. 2 ACTING PRESIDENT LITTLE: Thank 3 you. Senator Griffo, do you continue to 4 yield? 5 SENATOR GRIFFO: Sure. 6 ACTING PRESIDENT LITTLE: The 7 Senator yields. 8 SENATOR SABINI: I think the 9 sponsor actually did mention it, but I want to 10 be sure I got it right. In the fiscal 11 implication in the sponsor's memo, it says 12 there is none. And I'm just wondering who 13 pays for this special election. 14 SENATOR GRIFFO: Madam President. 15 ACTING PRESIDENT LITTLE: Thank 16 you. Senator Griffo. 17 SENATOR GRIFFO: Senator, this 18 will follow the same format that you would 19 have in any general election that would take 20 place across the state. 21 SENATOR SABINI: Madam President, 22 through you, if the sponsor would continue to 23 yield. 24 ACTING PRESIDENT LITTLE: Thank 25 you. Senator Griffo, do you continue to
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(518) 371-8910 1 yield? 2 SENATOR GRIFFO: Yes. 3 ACTING PRESIDENT LITTLE: The 4 Senator yields. 5 SENATOR SABINI: I'm wondering, 6 through you, Madam President, if the sponsor 7 could tell me, then, if that's the case, 8 aren't we again sticking to localities another 9 bill with no funding, that we're going to 10 require local Boards of Elections to conduct a 11 statewide election and, you know, to say 12 there's no fiscal implications -- somebody's 13 paying the bill. 14 And I'm just wondering at what 15 point do we admit who pays the bill here. 16 SENATOR GRIFFO: Madam President. 17 Senator, I think it's an interesting dilemma 18 that we have there. Because many of the 19 people want to have that opportunity to be 20 heard in statewide office and not allow a 21 group of 212 legislators to make an 22 appointment. 23 And from my discussions, while we 24 do not want to incur additional cost, and 25 that's something that maybe we can consider in
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(518) 371-8910 1 the future under a special election, at this 2 point in time it's weighing whether or not we 3 want to let the people, allow them to have a 4 direct voice and at what cost democracy. 5 SENATOR SABINI: Thank you, Madam 6 President. On the bill. 7 ACTING PRESIDENT LITTLE: Thank 8 you. Senator Sabini, on the resolution. 9 SENATOR SABINI: I'm sorry, on 10 the resolution. 11 I can understand the sponsor's 12 desire to have more democracy in the state. 13 We all want that. We'd like to see more 14 democracy in this chamber once in a while. 15 But I think this is an idea that 16 hasn't fully germinated out of its seedling 17 yet. I see this as an unfunded mandate to 18 localities. An election like that will 19 generate enormous publicity. And I'd like to 20 at some point figure out who's going to pay 21 the bills for localities having yet another 22 election that they didn't call. 23 And I think that the system we have 24 now is so rarely used that it has worked up 25 till now. Certainly we didn't hear a lot of
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(518) 371-8910 1 problems this year when the Majority's 2 candidate was selected in the statewide 3 procedure to elect a new Comptroller. And in 4 the past, the procedure has been used to elect 5 members of the Legislature to the Attorney 6 General's spot. 7 So I'd like to see more debate on 8 this, and perhaps a different system. But for 9 now I'm going to be voting in the negative. 10 Thank you, Madam President. 11 ACTING PRESIDENT LITTLE: Thank 12 you. Senator Maziarz. 13 SENATOR MAZIARZ: Thank you very 14 much, Madam President. 15 I wanted to stand up because I 16 couldn't believe the arguments of my 17 colleagues on the Minority side. And just to 18 tell Senator Griffo, the sponsor of this 19 resolution, I can't see how anyone in their 20 right mind would vote against this. 21 I mean, the selection of the 22 Comptroller that just happened several months 23 ago was clearly not New York's proudest 24 moment. I mean, I don't understand when you 25 say that the political parties would nominate
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(518) 371-8910 1 a candidate for a special election and who's 2 going to pay for the special election. The 3 taxpayers are going to pay. That's who pays 4 now for our elections. That's who pays now 5 when there's a special election. That's who 6 paid for Senator Craig Johnson's election in 7 Long Island. 8 You know, when we had a vacancy in 9 the office of comptroller, an extremely 10 popular, just recently elected governor had a 11 candidate -- the leader of the Democratic 12 party. And one individual, one individual who 13 was the most popular person in the Assembly 14 majority had another candidate. And we ended 15 up with a candidate not of the most recently 16 elaborated popular governor, but the candidate 17 of the -- at least most popular speaker in the 18 Assembly. 19 You know, I think this puts the 20 onus and puts the decision in the hands of the 21 voters of the state of New York. What could 22 be better than that? And as a taxpayer, what 23 price do you put on democracy, Senator? I 24 think it would be well worth it to have a 25 special election by candidates nominated by
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(518) 371-8910 1 all five of the major political parties. 2 I will be voting in the 3 affirmative. Thank you. 4 ACTING PRESIDENT LITTLE: Thank 5 you, Senator Maziarz. 6 Is there any other Senator wishing 7 to be heard? 8 Senator Connor. 9 SENATOR CONNOR: Thank you, Madam 10 President. 11 I'm going to vote for this because 12 my Assemblymember introduced a similar 13 resolution and I introduced it too earlier 14 this session. 15 But while we're having this debate, 16 I think we ought to give it a lot of thought. 17 You know, everybody jumps to this because, oh, 18 that's the most recent thing they remember; we 19 elected a comptroller recently. Hey, a few 20 years back we elected an attorney general and 21 a comptroller within a period of 10 months. 22 So that's been the system. 23 The one thing nobody has ever 24 addressed, no one has ever addressed -- 25 Governor Cuomo actually called for us to do
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(518) 371-8910 1 something about it -- and that is, what 2 happens when there's a vacancy in the office 3 of lieutenant governor? And that's 4 happened -- if you look in the Red Book, 5 that's happened frequently in our history. 6 And it certainly happened when Governor Cuomo 7 came in and about a year later, Lieutenant 8 Governor DelBello resigned and we went three 9 years without a lieutenant governor. 10 And, you know, the majority in this 11 house smiled when Lieutenant Governor DelBello 12 resigned and Governor Cuomo said, It's 13 terrible, we have no way to replace a 14 lieutenant governor. Why? Because the 15 majority leader is next in line for governor. 16 What's wrong with that if you're the majority 17 here? 18 Well, you know, we've seen in 19 New Jersey where the Senate president has been 20 acting governor, frequently. Different ones 21 in the last seven or eight years. But under 22 their constitution, the person remains the 23 president of the Senate and gets to go back to 24 that job. 25 What, let me ask you, would happen
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(518) 371-8910 1 if a majority leader, temporary president of 2 this body, who loved that position, loved 3 being a Senator, found him or herself in the 4 position where the office of lieutenant 5 governor was vacant and the lame-duck governor 6 resigns November 15th? Now the Senate 7 temporary president is, by our constitution, 8 governor for six weeks. Out of the Senate, 9 out as majority leader. 10 My colleagues, think about it 11 before you smile. It may have been nice to 12 have the majority leader poised to succeed 13 Governor Cuomo for three years. But I suggest 14 we have this gap in our constitution that 15 could have some very, very unforeseen results. 16 And I think, while we're playing 17 with the constitution here, someone ought to 18 put a bill in to fill the office of lieutenant 19 governor, because that is a statewide 20 position. 21 And someone ought to think about 22 how you would feel if you'd sat in that chair 23 as temporary president and were forced to 24 leave to be governor for three weeks. And we 25 once upon a time had a governor, I remind you,
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(518) 371-8910 1 a lame-duck governor who resigned with but six 2 or eight weeks to go in his term, to take a 3 federal position. But there was a lieutenant 4 governor, Charles Poletti, who became governor 5 for seven weeks. 6 So things like that can happen. 7 And it may not be the best thing in the world 8 for the majority of this house to have its 9 temporary president become governor if it's 10 only for four or five weeks and you're out of 11 the Senate then, forced out. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 The debate is closed. 15 The Secretary will ring the bell. 16 Call the roll on the resolution. 17 (The Secretary called the roll.) 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1709 are 20 Senators Breslin, Dilan, Gonzalez, 21 Hassell-Thompson, Huntley, Klein, L. Krueger, 22 C. Kruger, Onorato, Oppenheimer, Parker, 23 Perkins, Sabini, Sampson, Schneiderman, 24 Serrano, Smith, Stachowski and Thompson. 25 Absent from voting: Senator
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(518) 371-8910 1 Fuschillo. 2 Ayes, 42. Nays, 19. 3 ACTING PRESIDENT LITTLE: The 4 resolution is adopted. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1737, by Senator Young, Senate Print 2035, an 8 act to amend the Tax Law. 9 SENATOR LIZ KRUEGER: 10 Explanation. 11 ACTING PRESIDENT LITTLE: Senator 12 Young, an explanation has been requested. 13 Senator Winner. 14 SENATOR WINNER: If you'd lay 15 Senator Young's bill aside for the day, 16 please. 17 ACTING PRESIDENT LITTLE: Thank 18 you. The bill is laid aside for the day. 19 Senator Winner, that completes the 20 reading of the controversial calendar. 21 SENATOR WINNER: Madam President, 22 is there any housekeeping? 23 ACTING PRESIDENT LITTLE: Yes, 24 there is, Senator Winner. 25 Senator Nozzolio.
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(518) 371-8910 1 SENATOR NOZZOLIO: Madam 2 President, I wish to call up, on behalf of 3 Senator Skelos, Print Number 4383B, recalled 4 from the Assembly, which is now at the desk. 5 ACTING PRESIDENT LITTLE: The 6 Secretary will read. 7 Could we please have it quiet in 8 the chamber while we finish the day's 9 business. Thank you. 10 THE SECRETARY: Calendar Number 11 1065, by Senator Skelos, Senate Print 4383B, 12 an act to amend the Penal Law. 13 ACTING PRESIDENT LITTLE: Senator 14 Nozzolio. 15 SENATOR NOZZOLIO: Madam 16 President, I now move to reconsider the vote 17 by which the bill was enacted. 18 ACTING PRESIDENT LITTLE: The 19 Secretary will call the roll on 20 reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 SENATOR NOZZOLIO: Madam 24 President, I now offer the following 25 amendments.
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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 amendments are received. 3 SENATOR NOZZOLIO: Madam 4 President, on page number 29 I offer the 5 following amendments to Calendar Number 983, 6 Senate Print Number 4029A, by Senator Volker, 7 and ask that said bill retain its place on 8 Third Reading Calendar. 9 ACTING PRESIDENT LITTLE: The 10 amendments are received, and the bill will 11 retain its place on the Third Reading 12 Calendar. 13 SENATOR NOZZOLIO: Madam 14 President, I wish to call up, on behalf of 15 Senator Fuschillo, Print Number 5517, recalled 16 from the Assembly, which is now at the desk. 17 ACTING PRESIDENT LITTLE: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1488, by Senator Fuschillo, Senate Print 5517, 21 an act to amend the Penal Law and others. 22 SENATOR NOZZOLIO: Madam 23 President, I now move to reconsider the vote 24 by which the bill was enacted. 25 ACTING PRESIDENT LITTLE: The
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(518) 371-8910 1 Secretary will call the roll on 2 reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 SENATOR NOZZOLIO: Madam 6 President, I now offer the following 7 amendments. 8 ACTING PRESIDENT LITTLE: The 9 amendments are received. 10 SENATOR NOZZOLIO: Madam 11 President, I wish to call up my bill, Print 12 Number 5012, recalled from the Assembly, which 13 is now at the desk. 14 ACTING PRESIDENT LITTLE: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 1697, by Senator Nozzolio, Senate Print 5012, 18 an act to amend the Penal Law. 19 ACTING PRESIDENT LITTLE: Senator 20 Nozzolio. 21 SENATOR NOZZOLIO: Thank you, 22 Madam President. I now move to reconsider the 23 vote by which the bill was enacted. 24 ACTING PRESIDENT LITTLE: The 25 Secretary will call the roll on
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(518) 371-8910 1 reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 62. 4 ACTING PRESIDENT LITTLE: Senator 5 Nozzolio. 6 SENATOR NOZZOLIO: Madam 7 President, I now offer the following 8 amendments. 9 ACTING PRESIDENT LITTLE: The 10 amendments are received. 11 Senator Winner. 12 SENATOR WINNER: Yes, Madam 13 President. There will be a Rules Committee 14 meeting at 7:00 p.m. in the Majority 15 Conference Room, and the house stands at ease 16 pending the report of the Rules Committee. 17 And there will be no further 18 business tonight. 19 ACTING PRESIDENT LITTLE: Thank 20 you. There is a Rules Committee meeting at 21 7:00 o'clock in the Senate Majority Conference 22 Room, and the Senate stands at ease until the 23 report of the Rules Committee. 24 (Whereupon, the Senate stood at 25 ease at 6:48 p.m.)
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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 7:04 p.m.) 3 ACTING PRESIDENT STACHOWSKI: 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 if we could return to motions and resolutions. 7 On behalf of Senator Alesi, I wish 8 to call up his bill, Print Number 961, 9 recalled from the Assembly, which is now at 10 the desk. 11 ACTING PRESIDENT STACHOWSKI: 12 Motions and resolutions. 13 The Secretary will now read. 14 THE SECRETARY: Calendar Number 15 866, by Senator Alesi, Senate Print 961, an 16 act to amend the General Business Law. 17 SENATOR SKELOS: Mr. President, I 18 now move to reconsider the vote by which this 19 bill was passed. 20 ACTING PRESIDENT STACHOWSKI: The 21 Secretary will call the roll on 22 reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 SENATOR SKELOS: I offer the
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(518) 371-8910 1 following amendments. 2 ACTING PRESIDENT STACHOWSKI: The 3 amendments are received. 4 SENATOR SKELOS: Mr. President, 5 if we could return to the order of reports of 6 standing committees, there's a report of the 7 Rules Committee at the desk. I ask that it be 8 read at this time. 9 ACTING PRESIDENT STACHOWSKI: 10 Reports of standing committees. 11 The Secretary will read. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bills: 15 Senate Print 1668, by Senator 16 LaValle, an act to amend the Executive Law; 17 2506B, by Senator Trunzo, an act in 18 relation to authorizing; 19 3223A, by Senator Skelos, an act to 20 amend the Workers' Compensation Law; 21 4011, by Senator Marcellino, an act 22 to authorize; 23 4612A, by Senator Marcellino, an 24 act to authorize; 25 4717A, by Senator Marcellino, an
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(518) 371-8910 1 act to authorize; 2 5609A, by Senator Lanza, an act to 3 amend the Environmental Conservation Law; 4 6057, by Senator O. Johnson, an act 5 to amend the Environmental Conservation Law; 6 6288, by Senator Bruno, an act to 7 amend the Education Law; 8 And Senate Print 6289, by Senator 9 Bruno, an act to amend the Education Law and 10 the Tax Law. 11 All bills ordered direct to third 12 reading. 13 ACTING PRESIDENT STACHOWSKI: 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, I 16 move to accept the report of the Rules 17 Committee. 18 ACTING PRESIDENT STACHOWSKI: All 19 in favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT STACHOWSKI: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT STACHOWSKI: The 25 report is accepted.
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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Is there any 3 further business at the desk? 4 ACTING PRESIDENT STACHOWSKI: No 5 further business at the desk. 6 SENATOR SKELOS: Thank you, 7 Mr. President. 8 There being no further business, I 9 move we stand adjourned until Tuesday, 10 June 19th, at 3:00 a.m. 11 ACTING PRESIDENT STACHOWSKI: On 12 motion, the Senate stands adjourned until 13 Tuesday, June 19th, at 3:00 p.m. 14 (Whereupon, at 7:06 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22 23 24 25
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