Tuesday, June 17, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 17, 2008 11 11:05 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR THOMAS W. LIBOUS, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT LIBOUS: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat after me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT LIBOUS: To give 10 the invocation this morning is Reverend 11 Matthew Smith, pastor of Faith Baptist Church 12 in Cortland. 13 REVEREND SMITH: Let us pray. 14 Almighty God and Eternal Father, 15 You are the mighty King of Kings and Lord of 16 Lords. Your kingdom is an everlasting 17 kingdom, and Your dominion is from generation 18 to generation. 19 Today we acknowledge Your great 20 sovereignty, that You do according to Your 21 Will in the host of heaven and among the 22 inhabitants of the earth. 23 We give You thanks for revealing 24 Your glory among the nations and for giving us 25 the opportunity to cherish the freedoms that

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(518) 371-8910 1 You have provided for us as citizens of this 2 country and this great state. 3 We thank You for each of the 4 members of this honorable Senate that You have 5 called to represent Your people. We thank You 6 for their families and their staff, and we ask 7 that the light of Your divine wisdom direct 8 their deliberations and shine forth in all 9 their proceedings -- the bills, the 10 resolutions framed by them. 11 Grant them the fortitude to make 12 decisions and lead our state in a way that 13 pleases You. May those who serve in this body 14 be enabled by Your powerful protection to 15 discharge their duties with honesty and 16 integrity. Give them strength of body and 17 mind and boldness to stand for what is right 18 in Your sight. 19 May they seek to preserve peace, 20 protect life, promote happiness, and continue 21 to bring us the blessings of liberty and 22 justice for all. 23 Today we implore the assistance of 24 heaven and ask that Your will always be done 25 in our state and that Your love always abound

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(518) 371-8910 1 in our hearts, for to You belong the 2 greatness, the power and the glory forever and 3 ever. 4 And I ask this in the name above 5 all names, the Lord Jesus Christ. Amen. 6 ACTING PRESIDENT LIBOUS: Reading 7 of the Journal. 8 THE SECRETARY: In Senate, 9 Monday, June 16, the Senate met pursuant to 10 adjournment. The Journal of Sunday, June 15, 11 was read and approved. On motion, Senate 12 adjourned. 13 ACTING PRESIDENT LIBOUS: Without 14 objection, the Journal stands approved as 15 read. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 Senator Farley. 25 SENATOR FARLEY: Thank you,

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(518) 371-8910 1 Mr. President. 2 On behalf of Senator Morahan, I 3 wish to call up his bill, Print Number 2441, 4 recalled from the Assembly, and it's now at 5 your desk. 6 ACTING PRESIDENT LIBOUS: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1124, by Senator Morahan, Senate Print 2441, 10 an act to amend the Tax Law. 11 ACTING PRESIDENT LIBOUS: Senator 12 Farley. 13 SENATOR FARLEY: Mr. President, I 14 now move to reconsider the vote by which this 15 bill was passed. 16 ACTING PRESIDENT LIBOUS: Call 17 the roll on reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 37. 20 SENATOR FARLEY: Mr. President, I 21 now offer the following amendments. 22 ACTING PRESIDENT LIBOUS: The 23 amendments are received. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President, I

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(518) 371-8910 1 believe there are a number of substitutions at 2 the desk, if we could make them at this time. 3 ACTING PRESIDENT LIBOUS: The 4 Secretary will read. 5 THE SECRETARY: On page 7, 6 Senator Fuschillo moves to discharge, from the 7 Committee on Rules, Assembly Print Number 72D 8 and substitute it for the identical Senate 9 Bill Number 2360D, Third Reading Calendar 165. 10 On page 20, Senator Lanza moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 537B and substitute it 13 for the identical Senate Bill Number 2173B, 14 Third Reading Calendar 555. 15 On page 20, Senator Alesi moves to 16 discharge, from the Committee on Consumer 17 Protection, Assembly Bill Number 472 and 18 substitute it for the identical Senate Bill 19 Number 170A, Third Reading Calendar 567. 20 On page 28, Senator Hannon moves to 21 discharge, from the Committee on Health, 22 Assembly Bill Number 7674B and substitute it 23 for the identical Senate Bill Number 5018B, 24 Third Reading Calendar 820. 25 On page 31, Senator Farley moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 11028 and substitute it 3 for the identical Senate Bill Number 7365, 4 Third Reading Calendar 893. 5 On page 44, Senator Larkin moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 10831 and substitute it 8 for the identical Senate Bill Number 7777, 9 Third Reading Calendar 1207. 10 On page 48, Senator O. Johnson 11 moves to discharge, from the Committee on 12 Health, Assembly Bill Number 10677 and 13 substitute it for the identical Senate Bill 14 Number 7694, Third Reading Calendar 1290. 15 On page 56, Senator Young moves to 16 discharge, from the Committee on Commerce, 17 Economic Development and Small Business, 18 Assembly Bill Number 8075 and substitute it 19 for the identical Senate Bill Number 6781, 20 Third Reading Calendar 1458. 21 On page 56, Senator Young moves to 22 discharge, from the Committee on Commerce, 23 Economic Development and Small Business, 24 Assembly Bill Number 8074 and substitute it 25 for the identical Senate Bill Number 6782,

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(518) 371-8910 1 Third Reading Calendar 1459. 2 On page 56, Senator Young moves to 3 discharge, from the Committee on Commerce, 4 Economic Development and Small Business, 5 Assembly Bill Number 10393 and substitute it 6 for the identical Senate Bill Number 7313, 7 Third Reading Calendar 1460. 8 On page 56, Senator Seward moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 7699A and substitute it 11 for the identical Senate Bill Number 4617A, 12 Third Reading Calendar 1464. 13 On page 57, Senator Seward moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 10656 and substitute it 16 for the identical Senate Bill Number 7550, 17 Third Reading Calendar 1476. 18 On page 57, Senator Padavan moves 19 to discharge, from the Committee on Rules, 20 Assembly Bill Number 10389 and substitute it 21 for the identical Senate Bill Number 7294, 22 Third Reading Calendar 1491. 23 On page 59, Senator Hannon moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11054A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 7751A, 2 Third Reading Calendar 1518. 3 On page 62, Senator Nozzolio moves 4 to discharge, from the Committee on Civil 5 Service and Pensions, Assembly Bill Number 6 1804A and substitute it for the identical 7 Senate Bill Number 8336, Third Reading 8 Calendar 1759. 9 On page 63, Senator Flanagan moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 11094 and substitute it 12 for the identical Senate Bill Number 8349, 13 Third Reading Calendar 1833. 14 On page 66, Senator Alesi moves to 15 discharge, from the Committee on Commerce, 16 Economic Development and Small Business, 17 Assembly Bill Number 2554A and substitute it 18 for the identical Senate Bill Number 3592A, 19 Third Reading Calendar 1854. 20 On page 66, Senator DeFrancisco 21 moves to discharge, from the Committee on 22 Mental Health and Developmental Disabilities, 23 Assembly Bill Number 8983 and substitute it 24 for the identical Senate Bill Number 5129, 25 Third Reading Calendar 1861.

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(518) 371-8910 1 On page 67, Senator Farley moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 251 and substitute it for 4 the identical Senate Bill Number 5621, Third 5 Reading Calendar 1863. 6 On page 67, Senator Fuschillo moves 7 to discharge, from the Committee on Civil 8 Service and Pensions, Assembly Bill Number 9 8473A and substitute it for the identical 10 Senate Bill Number 5687B, Third Reading 11 Calendar 1864. 12 On page 67, Senator Saland moves to 13 discharge, from the Committee on Education, 14 Assembly Bill Number 8699B and substitute it 15 for the identical Senate Bill Number 6040A, 16 Third Reading Calendar 1867. 17 On page 68, Senator Alesi moves to 18 discharge, from the Committee on Commerce, 19 Economic Development and Small Business, 20 Assembly Bill Number 9997 and substitute it 21 for the identical Senate Bill Number 7135, 22 Third Reading Calendar 1876. 23 On page 68, Senator Seward moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 11052 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 7690, 2 Third Reading Calendar 1880. 3 On page 68, Senator Seward moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 10573A and substitute it 6 for the identical Senate Bill Number 7691, 7 Third Reading Calendar 1881. 8 On page 69, Senator Valesky moves 9 to discharge, from the Committee on Rules, 10 Assembly Bill Number 10771 and substitute it 11 for the identical Senate Bill Number 8236, 12 Third Reading Calendar 1888. 13 On page 69, Senator Maziarz moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 11329 and substitute it 16 for the identical Senate Bill Number 8245, 17 Third Reading Calendar 1889. 18 And on page 69, Senator Griffo 19 moves to discharge, from the Committee on 20 Elections, Assembly Bill Number 10087 and 21 substitute it for the identical Senate Bill 22 Number 8443, Third Reading Calendar 1891. 23 ACTING PRESIDENT LIBOUS: 24 Substitutions ordered. 25 Senator Griffo.

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(518) 371-8910 1 SENATOR GRIFFO: Mr. President, 2 I'd like to call up my bill, Print Number 3 8363, recalled from the Assembly, which is now 4 at the desk. 5 ACTING PRESIDENT LIBOUS: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 1703, by the Senate Committee on Rules, Senate 9 Print 8363, an act in relation to adjusting. 10 ACTING PRESIDENT LIBOUS: Senator 11 Griffo. 12 SENATOR GRIFFO: Mr. President, I 13 now move to reconsider the vote by which this 14 bill was passed. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll on reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 41. 19 SENATOR GRIFFO: Mr. President, I 20 now offer the following amendments. 21 ACTING PRESIDENT LIBOUS: The 22 amendments are received. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 if we could adopt the Resolution Calendar,

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(518) 371-8910 1 with the exception of Resolution 6606. 2 ACTING PRESIDENT LIBOUS: All in 3 favor of adopting the Resolution Calendar, 4 with the exception of Resolution 6606, say 5 aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT LIBOUS: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT LIBOUS: The 11 Resolution Calendar is adopted. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 Resolution 6606, by Senator Bruno, is at the 15 desk. If we could read it in its entirety, 16 move for its immediate adoption, and open it 17 up for cosponsorship. 18 ACTING PRESIDENT LIBOUS: The 19 Secretary will read Resolution Number 6606 in 20 its entirety. 21 THE SECRETARY: By Senator Bruno, 22 Legislative Resolution Number 6606, mourning 23 the death of David D. Cole, distinguished 24 citizen and devoted member of his community. 25 "WHEREAS, It is the custom of this

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(518) 371-8910 1 Legislative Body to pay tribute to citizens of 2 the State of New York whose lifework and civic 3 endeavor served to enhance the quality of life 4 in their communities and the great State of 5 New York; and 6 "WHEREAS, David D. Cole of Averill 7 Park, New York, died on Wednesday, 8 November 14, 2007, at the age of 66; and 9 "WHEREAS, Born in Troy, New York, 10 to the late Westburn and Vera Jones Cole, 11 David D. Cole graduated from Troy High School 12 in 1959; and 13 "WHEREAS, on May 5, 1962, David 14 married JoAnn Hug, who was also a student at 15 Troy High School. Together, they had four 16 wonderful children. Since 1963, the Cole 17 family has resided within the Averill Park 18 area; and 19 "WHEREAS, David D. Cole 20 distinguished himself in his profession and by 21 his sincere dedication and substantial 22 contribution to the welfare of his community; 23 and 24 "WHEREAS, on August 6, 1990, David 25 D. Cole began his employment with the New York

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(518) 371-8910 1 State Senate as a supply clerk. After more 2 than 17 years of dedicated service and 3 numerous promotions, he retired on October 31, 4 2007, from the position of audiovisual 5 technician; and 6 "WHEREAS, A communicant of 7 St. Henry's Church in Averill Park, David D. 8 Cole enjoyed carpentry work and doing his own 9 home improvements, as well as gardening. In 10 addition, he took great pleasure in spending 11 time with both his children and his 12 grandchildren, with his number-one goal in his 13 life being to teach them everything he knew 14 about fixing things and the many talents he 15 had learned throughout his life; and 16 "WHEREAS, Another occasion that 17 brought great happiness to David's life was 18 the family vacations they took each year to 19 Rhode Island. He enjoyed the ocean and deep 20 sea fishing; and 21 "WHEREAS, Predeceased by his 22 brother Allen Cole, David D. Cole is survived 23 by his wife, JoAnn Hug Cole; his four 24 children, Cindy Ann and Antonio Torres Cole, 25 John W. and Regina Cole, Daniel F. and Brenda

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(518) 371-8910 1 Cole, and Donna and Scott Cole-Paul; brother, 2 John and Grace Cole; sister, Charlotte and 3 William Foster; mother-in-law, Josephine Hug; 4 and 11 grandchildren; and 5 "WHEREAS, A wonderful husband, 6 loving father and caring grandfather who 7 always put everyone else's needs ahead of his 8 own, David D. Cole leaves behind a legacy 9 which will long endure the passage of time and 10 will remain as a comforting memory to all he 11 served and befriended; now, therefore, be it 12 "RESOLVED, That this Legislative 13 Body pause in its deliberations to mourn the 14 death of David D. Cole, distinguished citizen 15 and devoted member of his community; and be it 16 further 17 "RESOLVED, That a copy of this 18 resolution, suitably engrossed, be transmitted 19 to the family of David D. Cole." 20 ACTING PRESIDENT LIBOUS: Senator 21 Farley, before you speak, could I ask -- 22 there's too many conversations in the 23 fireplaces. Could you please take your 24 conversations outside while this very serious 25 resolution is being taken up.

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(518) 371-8910 1 Senator Farley, you have the floor, 2 sir. 3 SENATOR FARLEY: Thank you, 4 Mr. President. 5 I rise on behalf of Senator Bruno, 6 of whom David Cole was his constituent and 7 long-time member of this house. 8 You know, David Cole sat right here 9 and made it possible at this desk for us to 10 speak for 17 years. He was a very kind and 11 gentle and capable person who was a tremendous 12 help to the desk and to everyone. And, you 13 know, as you review his life -- and he was 14 taken too quickly, in my judgment -- David was 15 most importantly a family man, somebody that 16 had 11 grandchildren, loved his family. I 17 noticed he loved deep sea fishing and being 18 with his family in Rhode Island. 19 David Cole was a member of this 20 house and a cherished member of the Senate who 21 did a terrific job for us. He died last 22 November when we were out of session, and 23 consequently we're doing this resolution 24 today. 25 Mr. President, his family is here

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(518) 371-8910 1 in the gallery, and I know that you're going 2 to acknowledge them. He not only was a dear 3 friend of Senator Bruno's and everybody in 4 this chamber; of course, John Casey, who's our 5 counsel at the desk up there, was also very 6 close with his family. 7 And on behalf of the New York State 8 Senate, I want to extend our deepest sympathy 9 on the loss of your dad and your husband and 10 grandfather, and wish you all well, and to 11 thank you so much for the service that David 12 rendered to this house. 13 ACTING PRESIDENT LIBOUS: Senator 14 Duane. 15 SENATOR DUANE: Thank you, 16 Mr. President. 17 David Cole was an absolute pleasure 18 to work with in every way -- on the floor, off 19 the floor, just really made everything just go 20 so much easier. He was really smart about how 21 he did his job and made it seem effortless for 22 the rest of us. And he was incredibly helpful 23 to everybody, members and staff. 24 And I know I speak for our entire 25 conference, members and staff, when I say how

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(518) 371-8910 1 much we miss him and how much we enjoyed 2 working with him, and our deepest sympathies 3 go out to his family and his friends. He is 4 enormously missed. 5 Thank you, Mr. President. 6 ACTING PRESIDENT LIBOUS: On the 7 resolution, all in favor signify by saying 8 aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT LIBOUS: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT LIBOUS: The 14 resolution is carried. 15 We are joined today by David's 16 family: his daughter Donna, his son John, and 17 his wife JoAnn. 18 Our hearts are saddened, as yours 19 are. He was a very dear friend of every 20 member of this chamber. He came to work 21 diligently every day, always smiled, always 22 worked. And as you will miss a father an 23 husband, we will miss a true friend of the 24 Senate. Our sympathies are with your family. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: If we could have 2 an immediate meeting of the Rules Committee. 3 ACTING PRESIDENT LIBOUS: There 4 will be an immediate meeting of the Rules 5 Committee in Room 332. 6 The Senate will stand at ease 7 temporarily. 8 (Whereupon, the Senate stood at 9 ease at 11:25 a.m.) 10 (Whereupon, the Senate reconvened 11 at 11:32 a.m.) 12 ACTING PRESIDENT LIBOUS: The 13 Senate will come to order. 14 Members please find their seats, 15 take the conversations outside of the chamber. 16 Senator Skelos. 17 SENATOR SKELOS: Thank you, 18 Mr. President. 19 And I would urge the members to 20 stick close to the chamber because we have 21 many bills to take up today, so we can move 22 quickly. 23 So if we could go to the 24 noncontroversial reading of the calendar. 25 ACTING PRESIDENT LIBOUS: Senator

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(518) 371-8910 1 Skelos has ordered the noncontroversial 2 reading of the calendar. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 88, by Senator Farley, Senate Print 5344, an 6 act to amend the Banking Law. 7 ACTING PRESIDENT LIBOUS: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT LIBOUS: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 48. 15 ACTING PRESIDENT LIBOUS: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 103, by Senator Fuschillo, Senate Print 6737A, 19 an act to amend the Environmental Conservation 20 Law and the Public Authorities Law. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LIBOUS: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 50. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 165, substituted earlier today by Member of 8 the Assembly Weisenberg, Assembly Print Number 9 72D, an act to amend the General Business Law. 10 ACTING PRESIDENT LIBOUS: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT LIBOUS: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 50. 18 ACTING PRESIDENT LIBOUS: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 195 -- 22 SENATOR SKELOS: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT LIBOUS: The 25 bill is laid aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 247, by Senator Robach, Senate Print 6829, an 3 act to amend the Civil Service Law. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 51. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 264, by Senator LaValle, Senate Print 930B, an 16 act to amend the Business Corporation Law and 17 the Education Law. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 17. This 21 act shall take effect January 1, 2010. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 52.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 411, by Senator Golden, Senate Print 6966B, an 5 act to amend the Elder Law. 6 ACTING PRESIDENT LIBOUS: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 52. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 436, by Senator Libous, Senate Print 4321A, an 18 act appointing certain individuals to 19 full-time status. 20 ACTING PRESIDENT LIBOUS: There 21 is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LIBOUS: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 52. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 444, by Senator Fuschillo, Senate Print 6799C, 8 an act to create a course of instruction to 9 train mental health providers. 10 ACTING PRESIDENT LIBOUS: Read 11 the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect on the 60th day. 14 ACTING PRESIDENT LIBOUS: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 52. 18 ACTING PRESIDENT LIBOUS: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 521, by Senator Morahan, Senate Print 6217A, 22 an act to amend the Highway Law. 23 ACTING PRESIDENT LIBOUS: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 52. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 555, substituted earlier today by Member of 10 the Assembly Paulin, Assembly Print Number 11 537B, an act to amend the Alcoholic Beverage 12 Control Law. 13 ACTING PRESIDENT LIBOUS: Read 14 the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect on the 120th day. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 52. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 567, substituted earlier today by Member of 25 the Assembly Fields, Assembly Print Number

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(518) 371-8910 1 472, an act to amend the General Business Law. 2 ACTING PRESIDENT LIBOUS: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT LIBOUS: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 52. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 612, by Senator Larkin, Senate Print 205B, an 14 act to amend the Insurance Law. 15 ACTING PRESIDENT LIBOUS: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of January. 19 ACTING PRESIDENT LIBOUS: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT LIBOUS: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 614, by Senator Seward -- 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT LIBOUS: Would 5 you lay that bill aside, please, at the 6 request of Senator Duane. 7 THE SECRETARY: Calendar Number 8 693, by Senator Skelos, Senate Print 962C, an 9 act to amend the Public Officers Law and the 10 Civil Practice Law and Rules. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect on the 30th day. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 52. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 Could I again ask, so that we can 22 hear the clerk, that conversations be taken 23 outside of the chamber so the members can hear 24 the roll call. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 705, by Senator Golden, Senate Print 4157E, an 3 act to amend the Vehicle and Traffic Law and 4 the Education Law. 5 ACTING PRESIDENT LIBOUS: There 6 is a local fiscal impact note at the desk. 7 Read the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the 130th day. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT LIBOUS: Senator 14 Golden, to explain his vote. 15 SENATOR GOLDEN: Thank you, 16 Mr. President. 17 I rise today to compliment our body 18 and to compliment the Assembly for voting this 19 bill, because this bill will protect children 20 across the city and state of New York. 21 Our parents send their kids and 22 place them on those buses, and they believe 23 when that child leaves their home and gets on 24 that bus that they are safe and that they will 25 return to them safely.

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(518) 371-8910 1 And we see, time after time, fights 2 on these buses, we see where kids have been 3 abused, assaulted, beaten not only by the 4 students but by the bus drivers themselves. 5 We now, with this bill, will be 6 able to identify with this monitoring system 7 those that would be causing this harm to our 8 children and put a stop to it across the city 9 and state of New York. 10 There are 55,000 school buses that 11 transmit 2.3 million children each and every 12 day. And just this past week we've seen on 13 YouTube where the kids were in a fight and 14 they fought for over 15 minutes on this bus 15 before it was stopped, and kids were hurt and 16 taken to the hospital. 17 This would give that sense of 18 security. That would also give us the ability 19 to understand what's going on on those buses 20 and would put these bus drivers and the 21 children on notice that there is a monitoring 22 system on that bus. 23 I have children today up in the 24 gallery upstairs here, and they come from 25 McKinley Junior High School. These are stars

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(518) 371-8910 1 from McKinley Junior High School. And each 2 and every one of these kids are bussed in and 3 out of McKinley Junior High School and see 4 what's going on. 5 This is in addition to keeping our 6 kids secure and giving our mothers and 7 fathers, the parents of these children, the 8 opportunity to know that when their kids go to 9 school that they will be safe. 10 I vote aye. Thank you, sir. 11 (Applause from balcony.) 12 ACTING PRESIDENT LIBOUS: Senator 13 Golden is recorded in the affirmative. 14 Senator Diaz, to explain his vote. 15 SENATOR DIAZ: Thank you, 16 Mr. Chairman. 17 I also rise to support this piece 18 of legislation and congratulate Senator Golden 19 and congratulate Assemblyman Ruben Diaz, Jr., 20 who is the sponsor of this bill in the 21 Assembly. 22 This is a bill that is sorely 23 needed, especially in the City of New York, 24 where so many accidents and so many troubles 25 with the children that are being left alone

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(518) 371-8910 1 sometimes in the school buses. 2 So, Senator Golden, 3 congratulations. And congratulations to 4 Assemblyman Ruben Diaz, Jr. This is a 5 wonderful bill and it's a bill needed. 6 Thank you very much. 7 ACTING PRESIDENT LIBOUS: 8 Announce the results. 9 THE SECRETARY: Ayes, 54. Nays, 10 0. 11 ACTING PRESIDENT LIBOUS: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 730, by Senator Maltese, Senate Print 302A, an 15 act to amend the Real Property Tax Law. 16 ACTING PRESIDENT LIBOUS: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect June 1, 2009. 20 ACTING PRESIDENT LIBOUS: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 54. 24 ACTING PRESIDENT LIBOUS: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 741, by Senator Leibell, Senate Print 3811A, 3 an act to amend the Penal Law. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 13. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 54. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 787, by Senator Winner, Senate Print 3225A, an 17 act to amend the Education Law. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 54.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 820, substituted earlier today by Member of 5 the Assembly Paulin, Assembly Print Number 6 7674B, an act to amend the Public Health Law. 7 ACTING PRESIDENT LIBOUS: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LIBOUS: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 54. 15 ACTING PRESIDENT LIBOUS: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 879, by Senator Padavan -- 19 SENATOR SKELOS: Lay it aside for 20 the day, please. 21 ACTING PRESIDENT LIBOUS: Lay it 22 aside for the day. 23 THE SECRETARY: Calendar 892, by 24 Senator Farley, Senate Print 7360A, an act to 25 amend the Banking Law.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Read 2 the last section. 3 THE SECRETARY: Section 13. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LIBOUS: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. Nays, 9 1. Senator Maziarz recorded in the negative. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 893, substituted earlier today by Member of 14 the Assembly Towns, Assembly Print Number 15 11028, an act to amend the Banking Law. 16 ACTING PRESIDENT LIBOUS: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LIBOUS: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 54. Nays, 24 1. Senator Maziarz recorded in the negative. 25 ACTING PRESIDENT LIBOUS: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 924, by Senator Hannon, Senate Print 6468A, an 4 act to amend the -- 5 SENATOR HANNON: Lay it aside for 6 the day. 7 ACTING PRESIDENT LIBOUS: Lay it 8 aside for the day. 9 THE SECRETARY: Calendar Number 10 1003, by Senator Lanza, Senate Print 7602A, an 11 act to amend the Penal Law. 12 ACTING PRESIDENT LIBOUS: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 55. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1115, by Senator C. Kruger, Senate Print 25 8147A, an act to amend the Social Services

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(518) 371-8910 1 Law. 2 ACTING PRESIDENT LIBOUS: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT LIBOUS: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 55. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1155, by Senator LaValle, Senate Print 7593, 14 an act in relation to authorizing the 15 Commissioner of Environmental Conservation. 16 ACTING PRESIDENT LIBOUS: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LIBOUS: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 56. 24 ACTING PRESIDENT LIBOUS: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1207, substituted earlier today by Member of 3 the Assembly Cahill, Assembly Print Number 4 10831, an act to adjust certain state aid 5 payments. 6 ACTING PRESIDENT LIBOUS: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1249, by Senator Robach, Senate Print 8212, an 18 act to amend the Labor Law. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 180th day. 23 ACTING PRESIDENT LIBOUS: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Senator 2 Robach, to explain his vote. 3 SENATOR ROBACH: Yes, just 4 briefly, Mr. President. 5 Thank you, colleagues, for 6 supporting this, and I believe it has support 7 in the other house. 8 Given the climate we're in today, 9 with people switching jobs frequently, the 10 economy in a little bit, sometimes, of a 11 turmoil, this is a very, very important bill. 12 We worked closely with the commissioner, 13 everyone involved. 14 This bill, called the WARN Act, 15 Worker Adjustment and Retraining Notification 16 Act, is critically important in today's world. 17 It requires that companies have to give people 18 a 90-day notification in terms of downsizing, 19 downturning or even closing. We've had 20 incidents in my district where people actually 21 showed up to work on a Monday having no idea 22 that their place of employment would be 23 closing or no word from management, obviously 24 giving them no time to transition or change. 25 This would at least rectify that

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(518) 371-8910 1 and help them in some small way as they deal 2 with this difficulty. And it's something, 3 unfortunately, we need in today's environment. 4 So I wanted to thank my colleagues 5 for their support of this very, very important 6 legislation. 7 Thank you, Mr. President. 8 ACTING PRESIDENT LIBOUS: Senator 9 Robach is in the affirmative. 10 Results. 11 THE SECRETARY: Ayes, 56. Nays, 12 0. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1290, substituted earlier today by Member of 17 the Assembly Sweeney, Assembly Print Number 18 10677, an act to amend Chapter 563 of the Laws 19 of 2001 amending the Public Health Law. 20 ACTING PRESIDENT LIBOUS: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LIBOUS: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 ACTING PRESIDENT LIBOUS: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1319, by Senator Trunzo, Senate Print 559, an 7 act to amend the Agriculture and Markets Law. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 120th day. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1337, by Senator Winner, Senate Print 7125, an 20 act to amend the Elder Law. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the first of April. 25 ACTING PRESIDENT LIBOUS: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1357, by Senator Winner, Senate Print 8214, an 8 act to amend the Tax Law. 9 ACTING PRESIDENT LIBOUS: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LIBOUS: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 56. 17 ACTING PRESIDENT LIBOUS: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1426, by Senator Libous, Senate Print 7405, an 21 act to amend the Vehicle and Traffic Law. 22 ACTING PRESIDENT LIBOUS: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. Nays, 5 1. Senator Duane recorded in the negative. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1436, by Senator LaValle, Senate Print 8116, 10 an act to amend the Education Law. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1441, by Senator Maziarz, Senate Print 7776, 23 an act to amend the Public Service Law. 24 ACTING PRESIDENT LIBOUS: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LIBOUS: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. 7 ACTING PRESIDENT LIBOUS: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1453, by Senator Volker, Senate Print 6731, an 11 act to amend the Executive Law. 12 ACTING PRESIDENT LIBOUS: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LIBOUS: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 56. 20 ACTING PRESIDENT LIBOUS: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1458, substituted earlier today by Member of 24 the Assembly Gianaris, Assembly Print Number 25 8075, an act to amend the State Administrative

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(518) 371-8910 1 Procedure Act. 2 ACTING PRESIDENT LIBOUS: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first of January. 6 ACTING PRESIDENT LIBOUS: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 56. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1459, substituted earlier today by Member of 14 the Assembly Gianaris, Assembly Print Number 15 8074, an act to amend the State Administrative 16 Procedure Act. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the first of January. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. Nays, 25 1. Senator Duane recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1460, substituted earlier by Member of the 5 Assembly Gianaris, Assembly Print Number 6 10393, an act to amend the State 7 Administrative Procedure Act. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1464, substituted earlier today by Member of 20 the Assembly Destito, Assembly Print Number 21 7699A, an act to amend the General Municipal 22 Law. 23 ACTING PRESIDENT LIBOUS: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 180th day. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1469, by Senator Seward, Senate Print 6535A, 10 an act to amend the Insurance Law. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1475, by Senator Seward -- 23 SENATOR SKELOS: Lay it aside for 24 the day, please. 25 ACTING PRESIDENT LIBOUS: Lay

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(518) 371-8910 1 this bill aside for the day. 2 THE SECRETARY: Calendar Number 3 1476, substituted earlier today by Member of 4 the Assembly Morelle, Assembly Print Number 5 10656, an act to amend the Insurance Law. 6 ACTING PRESIDENT LIBOUS: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1491, substituted earlier today by Member of 18 the Assembly Brennan, Assembly Print Number 19 10389, an act to amend the Real Property Tax 20 Law. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LIBOUS: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 SENATOR MAZIARZ: Mr. President, 7 I wanted to be recorded in the negative on 8 that. 9 ACTING PRESIDENT LIBOUS: Senator 10 Maziarz would wish to be recorded in the 11 negative on that bill. 12 THE SECRETARY: In relation to 13 Calendar Number 1491: Ayes, 56. Nays, 1. 14 Senator Maziarz recorded in the negative. 15 ACTING PRESIDENT LIBOUS: The 16 bill is passed. 17 THE SECRETARY: Senate Bill 18 8189A, Calendar Number 1640. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 30th day. 23 ACTING PRESIDENT LIBOUS: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1809, by Member of the Assembly Sweeney, 6 Assembly Print Number 10981, an act to amend 7 Chapter 318 of the Laws of 2004. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 Calendar 1809 will be laid aside 19 temporarily. It is out of order and will be 20 picked up later on today. 21 THE SECRETARY: Calendar Number 22 1509, by Senator Hannon, Senate Print 8234, an 23 act to amend Chapter 384 of the Laws of 1998 24 amending the Public Authorities Law. 25 ACTING PRESIDENT LIBOUS: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1518, substituted earlier today by Member of 12 the Assembly Rivera, Assembly Print Number 13 11054A, an act to amend the Mental Hygiene 14 Law. 15 ACTING PRESIDENT LIBOUS: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect upon the date of the 19 approval and availability of the simplified 20 Advanced Healthcare Directives form. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT LIBOUS: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1609, by Senator Winner, Senate Print 6475, an 4 act to amend the Public Officers Law. 5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 120th day. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1610, by Senator Winner, Senate Print 6476, an 17 act to amend the Public Officers Law. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: The 2 bill is passed. 3 We're going to go to Calendar 4 Number 1279 that was skipped inadvertently, 5 and then we'll go back to regular order. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1279, by Senator Golden, Senate Print 8196A, 9 an act to amend the Social Services Law and 10 the Public Authorities Law. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1614, by Senator Griffo, Senate Print 6930B, 23 an act to amend the Correction Law. 24 ACTING PRESIDENT LIBOUS: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT LIBOUS: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on 1614 are Senators Duane, 8 Montgomery, Perkins and Serrano. 9 Ayes, 53. Nays, 4. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1656, by Senator Marcellino, Senate Print 14 5307A, an act to amend the Education Law and 15 others. 16 ACTING PRESIDENT LIBOUS: Read 17 the last section. 18 THE SECRETARY: Section 16. This 19 act shall take effect two years after the date 20 on which it shall have become law. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 ACTING PRESIDENT LIBOUS: The

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(518) 371-8910 1 bill is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 as we're taking care of certain clerical 5 situations, I just want to wish our colleague 6 Mary Lou Rath, Senator Rath, a happy birthday. 7 Happy birthday, Mary Lou. 8 (Applause.) 9 ACTING PRESIDENT LIBOUS: Senator 10 Rath. 11 SENATOR RATH: Thank you. After 12 a certain point they're all nonbirthdays, but 13 thank you. 14 (Laughter.) 15 ACTING PRESIDENT LIBOUS: Senator 16 Rath, happy birthday. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1671, by Senator Morahan, Senate Print 8078A, 20 an act to authorize the Rockland Housing 21 Action Coalition, Inc. 22 ACTING PRESIDENT LIBOUS: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1671 are 6 Senators Bonacic, Larkin and Rath. 7 Ayes, 54. Nays, 3. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1695, by Senator Leibell -- 12 SENATOR SKELOS: Lay it aside for 13 the day, please. 14 ACTING PRESIDENT LIBOUS: Lay 15 this bill aside for the day. 16 THE SECRETARY: Calendar Number 17 1710, by Senator Padavan, Senate Print 1665A, 18 an act to amend the Family Court Act. 19 ACTING PRESIDENT LIBOUS: There 20 is a local fiscal impact note at the desk. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LIBOUS: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT LIBOUS: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1724, by Senator Morahan, Senate Print 8072A, 7 an act to authorize. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1724 are 17 Senators Bonacic, Larkin and Rath. 18 Ayes, 54. Nays, 3. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1729, by Senator Leibell, Senate Print -- 23 SENATOR SKELOS: Lay it aside for 24 the day, please. 25 ACTING PRESIDENT LIBOUS: Lay

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(518) 371-8910 1 this bill aside for the day. 2 THE SECRETARY: Calendar Number 3 1738, by Senator Skelos, Senate Print 3223A, 4 an act to amend the Workers' Compensation Law. 5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1759, substituted earlier today by Member of 17 the Assembly Lupardo, Assembly Print Number 18 1804A, an act to amend the Civil Service Law. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LIBOUS: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1762, by Senator Robach -- 6 SENATOR ROBACH: Lay it aside for 7 the day. 8 ACTING PRESIDENT LIBOUS: Lay 9 this bill aside for the day. 10 THE SECRETARY: Calendar Number 11 1779, by Senator Fuschillo, Senate Print 5034, 12 an act to amend the Education Law. 13 ACTING PRESIDENT LIBOUS: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of January. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1794, by Senator Stachowski, Senate Print 25 6711, an act to authorize Global Concepts

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(518) 371-8910 1 Charter School. 2 ACTING PRESIDENT LIBOUS: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LIBOUS: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1794 are 11 Senators Bonacic, Larkin and Rath. 12 Ayes, 54. Nays, 3. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1802, by Senator Winner, Senate Print 7490A, 17 an act to amend the Education Law. 18 SENATOR WINNER: Lay it aside for 19 the day. 20 ACTING PRESIDENT LIBOUS: Lay 21 this bill aside for the day. 22 THE SECRETARY: Calendar Number 23 1804, by Senator Lanza, Senate Print 8017A, an 24 act to amend the Vehicle and Traffic Law. 25 ACTING PRESIDENT LIBOUS: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1809, by Member of the Assembly Sweeney, 12 Assembly Print Number 10981, an act to amend 13 Chapter 318 of the Laws of 2004. 14 ACTING PRESIDENT LIBOUS: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 30th day. 18 ACTING PRESIDENT LIBOUS: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1828, by the Assembly Committee on Rules --

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(518) 371-8910 1 SENATOR SKELOS: Lay it aside for 2 the day, please. 3 ACTING PRESIDENT LIBOUS: Lay 4 that bill aside for the day. 5 THE SECRETARY: Calendar Number 6 1829, by Senator Lanza, Senate Print 8018, an 7 act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 180th day. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1829 are 17 Senators Duane, Montgomery, Perkins and 18 Serrano. 19 Ayes, 53. Nays, 4. 20 ACTING PRESIDENT LIBOUS: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1830, by Senator Lanza, Senate Print 8019, an 24 act to establish the Teen Driver Safety 25 Commission.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LIBOUS: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 57. 9 ACTING PRESIDENT LIBOUS: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1832, by Senator Huntley, Senate Print 8224, 13 an act to amend the Vehicle and Traffic Law. 14 ACTING PRESIDENT LIBOUS: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LIBOUS: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1833, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly O'Donnell, Assembly Print Number 2 11094, an act to amend Chapter 492 of the Laws 3 of 1993. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1834, by Senator Seward, Senate Print 8357, an 16 act to amend the Insurance Law. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT LIBOUS: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1835, by Senator Skelos, Senate Print 8382A, 4 an act relating to the real property tax 5 exemption. 6 ACTING PRESIDENT LIBOUS: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1836, by Senator Morahan, Senate Print 8389A, 18 an act to amend Chapter 24 of the Laws of 19 2007, amending the Mental Hygiene Law. 20 ACTING PRESIDENT LIBOUS: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LIBOUS: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT LIBOUS: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1837, by Senator Padavan, Senate Print 8426, 7 an act to amend the Real Property Tax Law. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. Nays, 16 1. Senator Maziarz recorded in the negative. 17 ACTING PRESIDENT LIBOUS: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1838, by Senator Winner, Senate Print 8430, an 21 act to amend the Agriculture and Markets Law. 22 ACTING PRESIDENT LIBOUS: There 23 is a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 58. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1839, by Senator Flanagan, Senate Print 8437, 10 an act to amend the General Municipal Law. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1840, by the Senate Committee on Rules, Senate 23 Print Number 8442, an act to amend the Real 24 Property Tax Law. 25 ACTING PRESIDENT LIBOUS: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1841, by Senator Nozzolio, Senate Print 8447, 12 an act to amend the Monroe County Tax Act. 13 ACTING PRESIDENT LIBOUS: Read 14 the last section. 15 THE SECRETARY: Section 9. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1843, by Senator Fuschillo, Senate Print 8455, 25 an act to amend the Real Property Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LIBOUS: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT LIBOUS: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1845, by Senator Maltese -- 13 SENATOR DUANE: Lay it aside, 14 please. 15 ACTING PRESIDENT LIBOUS: Lay 16 that bill aside. 17 THE SECRETARY: Calendar Number 18 1846, by Senator Padavan, Senate Print 8459, 19 an act to amend the Public Authorities Law. 20 ACTING PRESIDENT LIBOUS: Read 21 the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LIBOUS: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT LIBOUS: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1848, by Senator Farley, Senate Print 8464, an 7 act in relation to requiring. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1849, by Senator Seward, Senate Print 8466, an 20 act to amend Chapter 673 of the Laws of 2005, 21 amending the Insurance Law. 22 ACTING PRESIDENT LIBOUS: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT LIBOUS: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1850, by Senator Leibell, Senate Print 8472, 9 an act to amend the Public Officers Law. 10 ACTING PRESIDENT LIBOUS: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LIBOUS: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 ACTING PRESIDENT LIBOUS: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1852, by Senator Larkin, Senate Print 8483, an 22 act to amend the Criminal Procedure Law. 23 ACTING PRESIDENT LIBOUS: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1852 are 7 Senators Duane and Perkins. 8 Ayes, 56. Nays, 2. 9 ACTING PRESIDENT LIBOUS: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1854, substituted earlier today by Member of 13 the Assembly Morelle, Assembly Print Number 14 2554A, an act to amend the Economic 15 Development Law. 16 ACTING PRESIDENT LIBOUS: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LIBOUS: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT LIBOUS: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1855, by Senator Leibell, Senate Print 3619A, 3 an act to amend the Volunteer Firefighters 4 Benefit Law and the Volunteer Ambulance 5 Workers Benefit Law. 6 ACTING PRESIDENT LIBOUS: Read 7 the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1856, by Senator Lanza, Senate Print 3888, an 18 act to amend the Public Authorities Law and 19 the Executive Law. 20 ACTING PRESIDENT LIBOUS: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LIBOUS: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT LIBOUS: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1857, by Senator LaValle, Senate Print 4155, 7 an act to amend the Education Law. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1858, by Senator Morahan, Senate Print 4467, 20 an act to amend the New York State Urban 21 Development Corporation Act. 22 ACTING PRESIDENT LIBOUS: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT LIBOUS: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1859, by Senator Skelos, Senate Print 4490, an 9 act to authorize. 10 ACTING PRESIDENT LIBOUS: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LIBOUS: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1859 are 19 Senators Bonacic, Larkin and Rath. 20 Ayes, 55. Nays, 3. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1860, by Senator Saland, Senate Print 5052A, 25 an act to amend the Executive Law.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 120th day. 5 ACTING PRESIDENT LIBOUS: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT LIBOUS: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1861, substituted earlier today by Member of 13 the Assembly Rivera, Assembly Print Number 14 8983, an act to amend the Mental Hygiene Law. 15 ACTING PRESIDENT LIBOUS: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LIBOUS: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT LIBOUS: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1862, by Senator Larkin, Senate Print 5357A, 2 an act to amend the Agriculture and Markets 3 Law. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the first of January. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1863, substituted earlier today by Member of 16 the Assembly Magnarelli, Assembly Print Number 17 251, an act to amend the Banking Law. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1864, substituted earlier today by Member of 5 the Assembly Cahill, Assembly Print Number 6 8473A, an act to amend the Civil Service Law. 7 ACTING PRESIDENT LIBOUS: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT LIBOUS: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT LIBOUS: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1865, by Senator Morahan, Senate Print 5694, 19 an act in relation to state aid for certain 20 school districts. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LIBOUS: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 THE SECRETARY: Calendar 7 Number -- 8 ACTING PRESIDENT LIBOUS: Excuse 9 me. Excuse me. 10 Ladies and gentlemen, could we have 11 some order in the chamber. Take your 12 conversations outside of the chamber so we can 13 hear the clerk read the roll. Thank you. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1866, by Senator Flanagan, Senate Print -- 17 SENATOR SKELOS: Lay it aside for 18 the day, please. 19 ACTING PRESIDENT LIBOUS: Lay 20 that aside for the day. 21 THE SECRETARY: Calendar Number 22 1867, substituted earlier today by Member of 23 the Assembly Nolan, Assembly Print Number 24 8699B, an act to amend the Education Law. 25 ACTING PRESIDENT LIBOUS: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1868, by Senator Young, Senate Print 6198A, an 12 act to amend the Agriculture and Markets Law. 13 ACTING PRESIDENT LIBOUS: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1869, by Senator Flanagan, Senate Print 6251, 25 an act to amend the Vehicle and Traffic Law.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT LIBOUS: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1871, by Senator Skelos, Senate Print 6721A, 14 an act in relation to enacting. 15 ACTING PRESIDENT LIBOUS: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LIBOUS: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT LIBOUS: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1872, by Senator Lanza, Senate Print 6762B, an 2 act to amend the Criminal Procedure Law. 3 ACTING PRESIDENT LIBOUS: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT LIBOUS: Senator 12 Schneiderman, to explain his vote. 13 SENATOR SCHNEIDERMAN: Thank you, 14 Mr. President. 15 This piece of legislation would 16 eliminate the protections provided to youthful 17 offenders, the confidentiality regarding 18 misconduct when they were acting under 19 youthful offender status, if the youthful 20 offender was in possession of a graffiti 21 instrument. 22 I realize that, you know, there are 23 a lot of very, very substantial crimes, there 24 are a lot of really severe crimes that someone 25 can be found guilty of when they're in

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(518) 371-8910 1 youthful offender status. But why we should 2 single out possession of Magic Markers, which 3 are within the definition of graffiti 4 instrument, to use as a basis for eliminating 5 the confidentiality, eliminating the focus of 6 youthful offender status -- which is to try to 7 enable young people who commit bad acts when 8 they're very young to get into society without 9 the stigma of being labeled as a felon from a 10 very young age. 11 This is a good public policy that 12 has worked. We're always sorting out the 13 nuances of it. We want to protect society 14 from truly dangerous people. I am at a loss 15 to see why someone found guilty, when they are 16 very young, of possession of a Magic Marker 17 should fall into the category of those from 18 whom society needs protection. I would much 19 rather focus on people who commit violent 20 crimes. 21 I'm voting no on this, 22 Mr. President. I think it's a poorly 23 conceived idea. I realize that in some parts 24 of the state there's a lot of public outcry 25 about graffiti, but this is not the way to

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(518) 371-8910 1 address that problem. 2 I urge everybody to vote no. 3 ACTING PRESIDENT LIBOUS: Senator 4 Schneiderman will be recorded in the negative. 5 Announce the results, please. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1872 are 8 Senators Duane, Marcellino, Montgomery, 9 Morahan, Perkins, Schneiderman, Serrano and 10 Thompson. 11 Ayes, 50. Nays, 8. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1873, by Senator Seward, Senate Print 6835B, 16 an act to establish a blue ribbon commission. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT LIBOUS: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1874, by Senator Adams, Senate Print 7036, an 4 act to amend the Penal Law. 5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. Nays, 13 1. Senator Montgomery recorded in the 14 negative. 15 ACTING PRESIDENT LIBOUS: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1875, by Senator Libous, Senate Print 7049, an 19 act to amend the County Law. 20 ACTING PRESIDENT LIBOUS: There 21 is a local fiscal impact note at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LIBOUS: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1876, substituted earlier today by Member of 8 the Assembly Weprin, Assembly Print Number 9 9997, an act to amend the Economic Development 10 Law. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first of January. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1877, by Senator Winner, Senate Print 7232, an 23 act to amend the Public Health Law. 24 ACTING PRESIDENT LIBOUS: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LIBOUS: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 ACTING PRESIDENT LIBOUS: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1880, substituted earlier today by Member of 11 the Assembly Lifton, Assembly Print Number 12 11052, an act relating to increasing 13 availability. 14 ACTING PRESIDENT LIBOUS: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LIBOUS: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 ACTING PRESIDENT LIBOUS: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1881, substituted earlier today by Member of

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(518) 371-8910 1 the Assembly Magee, Assembly Print Number 2 10573A, an act relating to increasing 3 availability. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LIBOUS: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT LIBOUS: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1882, by Senator Hannon, Senate Print 7807A, 16 an act to amend the Public Authorities Law. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT LIBOUS: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1884, by Senator Leibell, Senate Print 7966A, 4 an act to amend the Local Finance Law. 5 ACTING PRESIDENT LIBOUS: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1885, by Senator LaValle, Senate Print 8108, 18 an act to amend the Real Property Tax Law. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LIBOUS: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1887, by Senator Young -- 6 SENATOR DUANE: Lay it aside, 7 please. 8 ACTING PRESIDENT LIBOUS: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 1888, substituted earlier today by Member of 12 the Assembly Magee, Assembly Print Number 13 10771, an act to authorize. 14 ACTING PRESIDENT LIBOUS: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LIBOUS: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. Nays, 22 1. Senator Bonacic recorded in the negative. 23 ACTING PRESIDENT LIBOUS: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1889, substituted earlier today by Member of 2 the Assembly Gabryszak, Assembly Print Number 3 11329, an act to amend Chapter 433 of the Laws 4 of 1997. 5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1890, by Senator Bonacic, Senate Print 8294A, 17 an act to amend the Insurance Law. 18 ACTING PRESIDENT LIBOUS: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT LIBOUS: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

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(518) 371-8910 1 ACTING PRESIDENT LIBOUS: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1891, substituted earlier by Member of the 5 Assembly Wright, Assembly Print Number 10087, 6 an act to amend Chapter 92 of the Laws of 7 2001, amending the Election Law. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1892, by the Senate Committee on Rules, Senate 20 Print 8446, an act to amend the Insurance Law. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LIBOUS: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. Nays, 4 1. Senator L. Krueger recorded in the 5 negative. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 Senator Skelos, that completes the 9 noncontroversial reading of the calendar. 10 SENATOR SKELOS: Thank you, 11 Mr. President. I believe we have several 12 motions to be made at this time. 13 SENATOR SEWARD: Mr. President. 14 ACTING PRESIDENT LIBOUS: Motions 15 and resolutions. 16 Senator Seward. 17 SENATOR SEWARD: Yes, on behalf 18 of Senator Lanza, on page number 31 I offer 19 the following amendments to Calendar Number 20 887, Senate Print Number 7353A, and ask that 21 the bill retain its place on the Third Reading 22 Calendar. 23 ACTING PRESIDENT LIBOUS: The 24 amendments are received and adopted, and the 25 bill will retain its place on the Third

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(518) 371-8910 1 Reading Calendar. 2 SENATOR SEWARD: Mr. President, 3 on behalf of Senator Bruno, I wish to call up 4 his bill, Print Number 8259, recalled from the 5 Assembly, which is now at the desk. 6 ACTING PRESIDENT LIBOUS: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1727, by Senator Bruno, Senate Print 8259, an 10 act authorizing the County of Saratoga. 11 SENATOR SEWARD: Mr. President, I 12 now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT LIBOUS: Call 15 the roll on reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 SENATOR SEWARD: Mr. President, I 19 now offer the following amendments. 20 ACTING PRESIDENT LIBOUS: The 21 amendments are received. 22 Senator Little. 23 SENATOR LITTLE: Thank you, 24 Mr. President. 25 On page 68 I offer the following

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(518) 371-8910 1 amendments to Calendar Number 1879, Senate 2 Print 7282B, and ask that said bill retain its 3 place on Third Reading Calendar. 4 ACTING PRESIDENT LIBOUS: 5 Senator, the amendments are received and 6 adopted, and the bill will retain its place on 7 the Third Reading Calendar. 8 SENATOR LITTLE: Thank you. 9 Mr. President I ask for a 10 reconsideration of -- 11 ACTING PRESIDENT LIBOUS: Excuse 12 me, Senator Little. 13 If I could just ask once again, the 14 Senate is in session and that conversations 15 should go outside of the chamber. Thank you. 16 Senator Little. 17 SENATOR LITTLE: Thank you, 18 Mr. President. 19 I wish to call up Senator Maziarz's 20 bill, Senate Print Number 7776, which is at 21 the desk, and ask for a reconsideration of the 22 vote. 23 ACTING PRESIDENT LIBOUS: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1441, by Senator Maziarz, Senate Print 7776, 2 an act to amend the Public Service Law. 3 SENATOR LITTLE: I now move to 4 reconsider the vote by which this bill was 5 passed and ask that the bill be restored to 6 the order of third reading. 7 ACTING PRESIDENT LIBOUS: Call 8 the roll on reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 SENATOR LITTLE: Thank you. And 12 the bill is restored to the third reading, and 13 I would now ask you to star the bill. 14 ACTING PRESIDENT LIBOUS: 15 Restored to the Third Reading Calendar, the 16 bill is starred, it is so ordered. 17 SENATOR LITTLE: Thank you. 18 Mr. President, on page 48 I offer 19 the following amendments to Calendar Number 20 1285, Senate Print Number 3248A, and ask that 21 said bill retain its place on the Third 22 Reading Calendar, on behalf of Senator 23 Fuschillo. 24 ACTING PRESIDENT LIBOUS: The 25 amendments are received, and the bill will

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(518) 371-8910 1 retain its place on the Third Reading 2 Calendar. 3 SENATOR LITTLE: Thank you. 4 ACTING PRESIDENT LIBOUS: Thank 5 you, Senator. 6 Senator Rath. 7 SENATOR RATH: Mr. President, can 8 we please hear the reading of the 9 controversial calendar. 10 ACTING PRESIDENT LIBOUS: We will 11 read the controversial calendar. 12 If the Secretary would please ring 13 the bells and members come to the chamber so 14 that we can do the controversial calendar. 15 ACTING PRESIDENT GRIFFO: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 614, by Senator Seward, Senate Print 2968A, an 19 act to amend the Insurance Law. 20 SENATOR LIZ KRUEGER: 21 Explanation. 22 ACTING PRESIDENT GRIFFO: 23 Explanation, Senator Seward. 24 SENATOR SEWARD: Certainly, 25 Mr. President.

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(518) 371-8910 1 This legislation would permit all 2 HMOs and insurers in New York State to offer 3 the high-deductible health plans that are 4 coupled with health savings accounts. These 5 plans became available in the year 2003, when 6 the federal government passed legislation that 7 authorized these types of policies to exist. 8 However, New York State law 9 currently prohibits these high-deductible 10 plans and HSAs from being offered by the HMOs 11 or in the individual market. So today we have 12 a situation where some of the plans are able 13 to offer this option to their clients; 14 however, not all. This legislation would 15 allow HMOs to offer this product, and also 16 those that are marketing to the individual 17 segment of our market. 18 These types of policies, on 19 average, cost about 40 percent less than 20 traditional policies and, with that savings, 21 that frees up money for both an employer and 22 the employee, should they wish to contribute 23 to the HSA, to cover any medical expenses that 24 they may incur that leads up to that 25 deductible amount.

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(518) 371-8910 1 So this is a piece of legislation 2 which will simply offer one additional option 3 to New Yorkers in terms of being able to 4 obtain health insurance. 5 ACTING PRESIDENT GRIFFO: Senator 6 Krueger. 7 SENATOR LIZ KRUEGER: Thank you, 8 Mr. President. If the sponsor would please 9 yield. 10 ACTING PRESIDENT GRIFFO: Senator 11 Seward, will you yield? 12 SENATOR SEWARD: Certainly. 13 ACTING PRESIDENT GRIFFO: Senator 14 Krueger. 15 SENATOR LIZ KRUEGER: Thank you. 16 We've debated this bill before, 17 Senator Seward and I. And, Senator, I was 18 curious, have you seen the new General 19 Accounting Office study from May of this year 20 showing that the health savings accounts are 21 functioning as tax shelters but not actually 22 being used by anyone to expand healthcare 23 coverage or to serve lower-income or working 24 people in health insurance? 25 SENATOR SEWARD: Well,

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(518) 371-8910 1 Mr. President, I haven't read that particular 2 study, but I do know that I would question -- 3 I have a couple of reactions to just the 4 statement you've made, however. 5 Number one, I have heard from a 6 number of small businesses in particular that 7 have told me that they have offered this 8 option and it is working. 9 And also, I would further point out 10 that I recognize that this particular product 11 is not for everyone. It simply adds an 12 additional option to those who wish to pursue 13 this type of product for their health 14 insurance. I think it's been a very positive 15 addition to the menu of options that are 16 offered in New York State when it comes to 17 health insurance. 18 SENATOR LIZ KRUEGER: Thank you. 19 Mr. President, on the bill. 20 ACTING PRESIDENT GRIFFO: Senator 21 Krueger, on the bill. 22 SENATOR LIZ KRUEGER: Thank you. 23 I thank the sponsor. 24 So there is a new report from the 25 federal government's accountability office,

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(518) 371-8910 1 the GAO: Health savings accounts, 2 participation increasingly was more common 3 among individuals with higher incomes. I 4 misspoke before, it was not a May '08 report, 5 it was an April '08 report. 6 And the findings of that report -- 7 and it follows up on an earlier GAO report 8 from two years earlier -- was that the average 9 income of health savings account contributors 10 was $139,000, almost double other tax filers 11 who use other forms of employment-related 12 health insurance. 13 The GAO report on HSAs highlighted 14 their continuing concern that what these 15 accounts are actually being used for is tax 16 sheltering of income by high-income people and 17 not, in fact, being used by people to provide 18 health insurance or health coverage for 19 themselves. 20 Again, the findings from the 21 federal GAO report are that HSA participants 22 are disproportionately high-income, that HSA 23 participants contribute much more to the 24 accounts than other participants, but they're 25 not using them for healthcare, they're using

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(518) 371-8910 1 them for tax shelters. And that many of the 2 participants appear to view this primarily as 3 a tax shelter rather than an out-of-pocket 4 healthcare cost. 5 The report further goes on to 6 discuss the fact that the types of employers 7 who are using these high-deductible health 8 insurance plans did not contribute to their 9 workers' HSAs. And in fact, we have seen 10 through the federal studies in '05, '06, and 11 '07 that employers are less likely to 12 contribute to their employees' health 13 insurance programs if they have an HSA plan. 14 So as I have argued in the past, I 15 believe the sponsor and I both want health 16 insurance options that will cover more people. 17 We want health insurance options that are 18 affordable. The president of the United 19 States has argued for these plans, I believe 20 now since he got into office, and as a result 21 there have been studies done by the federal 22 government, and none of them justify our 23 moving down this road. 24 I think that the research has been 25 done, the findings are clear that this is not

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(518) 371-8910 1 the direction New York State ought to go in 2 expanding health coverage. I would love for 3 us to be talking universal healthcare today, 4 or expansion of -- even a broader discussion 5 of the bill that I think passed a little while 6 ago to ensure more people can get into Healthy 7 New York insurance or the Family Health Plus 8 insurance or even a state add-on to the 9 Medicare program for younger people. 10 There are lots of good directions 11 we ought to go in healthcare in this state. 12 There are people begging us for better 13 alternatives for them to be covered by health 14 insurance and for it to be affordable. 15 I know this is a one-house bill 16 again, but just for the record, this is not 17 the direction we ought to go. And every year 18 we look at this, we have more data from other 19 states and from, thank you, the federal 20 government telling us that we should not go 21 down this road. 22 So I'll be voting no and urging my 23 colleagues to vote no, Mr. President. Thank 24 you. 25 ACTING PRESIDENT GRIFFO: Thank

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(518) 371-8910 1 you, Senator Krueger. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, on 4 the bill. 5 ACTING PRESIDENT GRIFFO: Senator 6 Klein, on the bill. 7 SENATOR KLEIN: I want to echo 8 what Senator Krueger has said. 9 Here we are trying to solve the 10 healthcare crisis, making sure that everyone 11 has access to health insurance. What we also 12 need to look at is the problem of people who 13 are paying good money, hard-earned money, for 14 health insurance and not getting what they 15 paid for. 16 My office released a study last 17 month where we looked at the problem of all 18 the healthcare insurance companies, the HMOs 19 that presently insure people in New York 20 State, and we looked to see how they cover 21 what's known as single-source drugs. 22 Single-source drugs are drugs that are usually 23 under patent. They're specific drugs, 24 name-brand drugs. They tend to be more 25 expensive than other drugs.

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(518) 371-8910 1 And one of the things we're 2 finding, time and time again, is when a doctor 3 prescribes such a drug, most of these drugs 4 are not covered by the HMO. And if they are 5 covered, they're forcing the client or the 6 consumer to jump through hoops, to get all 7 types of permission to first use a generic 8 drug before they can use a name-brand drug -- 9 and this is after a doctor has already 10 prescribed the specific medication that they 11 know works for their patient. 12 So I think what we need to be doing 13 is changing our present healthcare system in 14 relation to HMOs in New York State. I think 15 we need a very, very simple system. Sometimes 16 we try to complicate things, but I think the 17 way we really solve this problem is make it 18 rather easy. If a doctor, let's say, 19 prescribes a specific medication for a 20 patient, they know that that drug works well 21 for their patient without any side effects, 22 that's the drug that the HMO should pay for. 23 And if there is a need for a copayment, it 24 should be a very reasonable copayment. 25 Right now I'm hearing from doctors

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(518) 371-8910 1 time and time again that they lost control 2 over their ability to do what's right for 3 their patient. And that's just wrong. If a 4 doctor prescribes a specific medication, the 5 HMO should pay for it. Healthcare decisions 6 should be made rather simple between a doctor 7 and a patient, not by some bureaucrat sitting 8 behind a desk at an HMO. 9 One of the things we looked at as 10 well is specific drugs, like Lipitor. And 11 this is going to be a problem, I believe, in 12 the future, because Lipitor is about to go 13 off-patent, which means the market is going to 14 be flooded with various generics. 15 And the problem is, Lipitor is a 16 specific class of drug that helps people with 17 high blood pressure, and the HMOs are going to 18 be prescribing all of these generics because 19 it's just cheaper. I'm not saying a generic 20 shouldn't be something that can be recommended 21 by a physician. But if a generic is proven 22 not to work for a patient, then the name-brand 23 drug or the specific single-source drug is 24 what the HMO should pay for. 25 So again, I think we should be

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(518) 371-8910 1 doing a lot more than this bill does today, 2 because we're truly in a crisis situation, not 3 only for those who have no health insurance, 4 but even those who are paying good money to 5 have healthcare coverage and get the 6 prescription drugs they need. 7 So I vote no on this legislation. 8 ACTING PRESIDENT GRIFFO: Thank 9 you, Senator Klein. 10 Senator Schneiderman. 11 SENATOR SCHNEIDERMAN: Thank you, 12 Mr. President. On the bill. 13 ACTING PRESIDENT GRIFFO: Senator 14 Schneiderman, on the bill. 15 SENATOR SCHNEIDERMAN: This 16 almost makes me feel as though we're enacting 17 a bill that would make it all right to sell a 18 quart of milk that actually was filled with 19 half milk, half water. 20 This is something that waters down 21 healthcare coverage and opens the door to 22 people paying money for plans that really will 23 not give them the coverage that they need 24 should they have a serious problem. 25 A lot of employers in other states

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(518) 371-8910 1 who have attempted to use this sort of a 2 program have in fact offered this more or less 3 as a bait and switch. People think they're 4 getting more than they are, they don't get the 5 coverage that they need. 6 And I would urge all of you to 7 remember that this is largely the fault of the 8 Senate that we're in this situation, because 9 in 1999 the Senate Majority allowed the 10 statute requiring approval for increases in 11 health insurance premiums to expire. I mean, 12 the State Insurance Department doesn't have 13 the leverage they used to have. 14 So what do we come out with? We 15 come out with these bad plans, these 16 watered-down plans that don't give people the 17 coverage they need. This is not the direction 18 our state should be taking. 19 I'm going to be voting no, and I 20 look forward in the months ahead to us coming 21 up with real solutions to the healthcare 22 crisis in this state instead of just providing 23 watered-down milk. 24 Thank you. 25 ACTING PRESIDENT GRIFFO: Is

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(518) 371-8910 1 there any other Senator wishing to be heard? 2 Debate is closed. The Secretary 3 will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect January 1, 2009. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT GRIFFO: Senator 11 Breslin, to explain his vote. 12 SENATOR BRESLIN: Thank you, 13 Mr. President. 14 I fully appreciate and respect the 15 opinion of most of the members of the 16 Democratic conference on this bill. 17 However, I look at it from a 18 different vantage point, and hopefully not a 19 naive one, that on any given day we have close 20 to 3 million uninsured in this state and 21 5 million in any given year. And that this 22 bill, this high-end health insurance bill, 23 gives an opportunity for small-businessmen who 24 might not otherwise be able to provide 25 insurance to their employees to be able to

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(518) 371-8910 1 reach out and bring them under an umbrella. 2 Is it a Band-Aid? Yes, it's a 3 Band-Aid. But if we can insure some 4 additional folks with health insurance, I have 5 to support it. And as we move towards -- 6 hopefully, sooner rather than later -- a 7 universal health plan, we should provide those 8 opportunities for employers when they're given 9 an opportunity to provide, again, Band-Aid 10 plans which allow their employees to maybe get 11 to a doctor or get to an emergency room, to 12 have crisis-intervention healthcare. 13 Is it good? It's not great, but 14 it's better than not having it. 15 So for those reasons, I vote aye. 16 ACTING PRESIDENT GRIFFO: Senator 17 Breslin to be recorded in the affirmative. 18 Senator Seward, to explain his 19 vote. 20 SENATOR SEWARD: Yes, thank you, 21 Mr. President. I also rise in support of this 22 legislation. 23 Certainly everyone in this chamber, 24 I'm sure, wants to see everyone covered in 25 New York State when it comes to health

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(518) 371-8910 1 insurance, to not have any uninsured in 2 New York. 3 And I'm very pleased that in the 4 last year or so the administration, through 5 the Insurance Department and the Department of 6 Health, has been going around the state having 7 hearings, gathering testimony about how 8 New York State could best achieve universal 9 coverage for all New Yorkers. 10 However, we are not sitting by and 11 waiting for this report, which was due 12 May 31st and now it may not be until sometime 13 this fall or even the end of the year. These 14 are complex, complicated issues. To our 15 credit, this Legislature, working with the 16 Governor, has not been sitting idly by, 17 waiting for a report, because in this year's 18 budget we established a new low-cost 19 prescription program, we expanded Child Health 20 Plus to include more young people. We are 21 moving forward to close the session here with 22 an expansion of the Healthy New York program. 23 And we just passed, earlier today, 24 legislation which I believe is going to become 25 law which gives another low-cost option for

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(518) 371-8910 1 young people getting out of college, no longer 2 covered by their parents' insurance, before 3 they get that first job or get their own 4 coverage, to fill that gap. 5 This legislation before us, as 6 Senator Breslin has described very well, 7 provides just one more option to help people 8 be able to obtain health insurance. 9 I think it's a very worthy piece of 10 legislation, and that's why it's sponsored by 11 the Farm Bureau, the Business Council, and 12 many other groups who are seeking a way to 13 afford health insurance for themselves and 14 their employees. 15 I vote aye. 16 ACTING PRESIDENT GRIFFO: Senator 17 Seward to be recorded in the affirmative. 18 Announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 614 are 21 Senators Dilan, Duane, C. Johnson, Klein, 22 L. Krueger, Montgomery, Onorato, Perkins, 23 Sabini, Sampson, Savino, Schneiderman, 24 Stewart-Cousins and Thompson. Also Senator 25 Smith. Also Senator Serrano. Also Senator

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(518) 371-8910 1 Stavisky. 2 Absent from voting: Senators 3 Adams, Hassell-Thompson and Parker. 4 Ayes, 41. Nays, 17. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1845, by Senator Maltese, Senate Print 8457, 9 an act to amend the Elder Law. 10 ACTING PRESIDENT GRIFFO: Senator 11 Smith. 12 SENATOR SMITH: Thank you, 13 Mr. President. I believe I have an amendment 14 at the desk, and I am asking that the 15 amendment be waived and I ask to be heard on 16 the amendment. 17 ACTING PRESIDENT GRIFFO: Thank 18 you, Senator. 19 Yes, Senator Smith, I do have the 20 amendment. I have reviewed that amendment 21 with counsel, and this amendment appears to be 22 identical to Senate Bill 8153A, which lacks a 23 home-rule message, which is necessary. So the 24 amendment is out of order. 25 SENATOR SMITH: Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Smith. 3 SENATOR SMITH: This is being 4 offered not as a bill, this is an amendment to 5 the bill. 6 ACTING PRESIDENT GRIFFO: I 7 understand, Senator Smith. However, it is the 8 content that controls the legislation. This 9 content is identical to the bill that I had 10 identified previously, 8153A. 11 Under Article 9, Section 2 of the 12 Constitution, Senator Smith, those issues 13 dealing with property and affairs of 14 localities do require a home-rule message, and 15 this does that. So accordingly, it's 16 identical to the bill and deals with that 17 content. 18 So as a result of that, the 19 amendment is not in order. 20 SENATOR SMITH: Mr. President, 21 this particular amendment was filed prior to 22 this, the other day, and was ruled actually to 23 be not germane. This is not a bill. I 24 understand you're citing Section 9, but this 25 again is an amendment to a bill that's being

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(518) 371-8910 1 offered by Senator Maltese. 2 I think Senator Maltese clearly 3 understands the importance of this issue, and 4 perhaps you may want to engage the sponsor of 5 the bill and actually request that you engage 6 the sponsor of the bill and have him speak to 7 the fact that this is -- 8 ACTING PRESIDENT GRIFFO: Senator 9 Smith, this is not a ruling of germaneness, it 10 is a ruling on the content, what is required. 11 As a result of that, this issue 12 is -- as I indicated earlier, the amendment is 13 unacceptable because of its identical nature 14 to the bill that has been previously 15 identified. And it is governed by the home 16 rule procedures accordingly with the 17 Constitution, as I have cited to you, 18 Article 9, Section 2 specifically of the 19 Constitution. 20 SENATOR SMITH: Right. And I 21 respect your knowledge of the rules, 22 Mr. President. 23 But I respectfully submit that this 24 particular amendment that I am putting forward 25 is a matter of amending procedure, not

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(518) 371-8910 1 regarding the bill. I understand where you 2 are, and I understand what you are ruling on. 3 But again, this is procedurally what we're 4 trying to do, not a matter of dealing with the 5 bill specifically. 6 ACTING PRESIDENT GRIFFO: But the 7 ruling is on the substance, Senator Smith, 8 because we're not dealing with procedure now. 9 The amendment requires a certain act. And as 10 a result of that, it is not a matter of 11 germaneness but, again, on the content. So as 12 a result of that, the amendment is 13 unacceptable. 14 SENATOR SMITH: Mr. President, 15 I -- 16 ACTING PRESIDENT GRIFFO: That is 17 the ruling of the chair, Senator Smith. 18 SENATOR SMITH: Mr. President, I 19 am asking for us to be heard on a procedure, 20 not on the amendment per se, which, 21 Mr. President, we are allowed, as you know, 22 according to the rules. All I'm saying, we 23 have a procedure that we're looking for, and 24 that's all we're asking. I'm not asking to do 25 anything more than that.

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(518) 371-8910 1 So I understand what you're citing, 2 but you're actually changing the rules with 3 respect to what I am actually asking. It is 4 not germane to what I'm asking. 5 ACTING PRESIDENT GRIFFO: Senator 6 Smith, I think, though, that we're ruling on 7 an amendment that you are asking for a waiver 8 of the reading of an amendment. We are 9 telling you that the amendment is 10 unacceptable, for the regulations that I have 11 cited earlier with the Constitution. 12 So the amendment is out of order. 13 So accordingly, you cannot be heard on an 14 amendment -- we cannot waive a reading on an 15 amendment that is out of order. 16 SENATOR SMITH: Mr. President, 17 let me be clear. Well, we can appeal the 18 ruling, but that's -- I just want to be clear. 19 So what you are saying, 20 Mr. President, is that the amendment that I am 21 asking to be heard on, which deals with the 22 modernization of the NYCHA homes, the senior 23 citizen centers, which we think at this point 24 is actually going to be closed, based on the 25 fact that Senator Maltese's bill --

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(518) 371-8910 1 SENATOR PADAVAN: Mr. President. 2 Mr. President, point of order. 3 ACTING PRESIDENT GRIFFO: Senator 4 Padavan. 5 SENATOR PADAVAN: I believe the 6 chair -- you have ruled on whether or not this 7 amendment can be pursued by virtue of its 8 lacking a home rule message. Your ruling has 9 been challenged. 10 Therefore, let us vote on that and 11 not debate the content of an amendment that's 12 no longer permitted to be submitted to this 13 body for consideration. 14 ACTING PRESIDENT GRIFFO: Thank 15 you, Senator Padavan. Your point of order is 16 well-taken. 17 Senator Smith, my ruling stands. 18 SENATOR SMITH: Mr. President, I 19 appreciate Senator Padavan's eagerness to 20 engage himself in this dialogue, but 21 unfortunately you should rule him out of 22 order, because this is a dialogue between you 23 and I. 24 ACTING PRESIDENT GRIFFO: Senator 25 Smith, my ruling --

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(518) 371-8910 1 SENATOR SMITH: Mr. President -- 2 ACTING PRESIDENT GRIFFO: -- and 3 as I indicated to you earlier, you're again 4 dealing with the affairs of property, and that 5 is under the jurisdiction of the locality. 6 Property and affairs of a locality require 7 home rules, Senator Smith. And that is what 8 you are dealing with. So the ruling stands. 9 Are you asking now for an appeal of 10 the ruling? 11 SENATOR SMITH: Mr. President, 12 not am I asking for an appeal of the ruling, 13 but I understand you understand that we need a 14 home rule message for this. 15 Now, I don't know, Mr. President, 16 if at this point it is in order for us to move 17 to be at ease so we can get an actual ruling 18 on this. But you tell me, Mr. President. 19 ACTING PRESIDENT GRIFFO: Senator 20 Padavan. 21 SENATOR PADAVAN: Mr. President, 22 I understand you issued a ruling based on 23 counsel and your understanding of the 24 requirements of a home rule message. 25 Now, I've been in this chamber

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(518) 371-8910 1 36 years. I don't recall a debate between the 2 chair and a member on any issue. So either 3 your ruling is being challenged and should be 4 acted upon accordingly or the amendment 5 withdrawn, one or the other. 6 This debate is inconsistent with 7 the rules of this house. 8 ACTING PRESIDENT GRIFFO: Thank 9 you, Senator Padavan. 10 Senator Smith, let me reiterate 11 that I have made a rule on the amendment. 12 Short of an appeal -- you've indicated that 13 you do not want to appeal the decision of the 14 chair, so accordingly we will move on to the 15 bill. 16 SENATOR SMITH: Mr. President, I 17 still reserve the right to appeal -- 18 ACTING PRESIDENT GRIFFO: Senator 19 Smith, do you wish to be heard on the bill? 20 SENATOR SMITH: Mr. President, I 21 still reserve the right to appeal the ruling 22 on the amendment. 23 What I'm asking for is 24 clarification. Senator Padavan is not the 25 president of the Senate right now; you are.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: 2 Correct. But I have given you my ruling -- 3 SENATOR SMITH: I am not -- 4 ACTING PRESIDENT GRIFFO: -- and 5 you continue to challenge my ruling. 6 SENATOR SMITH: Mr. President -- 7 Mr. President -- 8 ACTING PRESIDENT GRIFFO: I have 9 given you a ruling, Senator Smith. 10 SENATOR SMITH: Did you not say 11 that I had the right to appeal the decision? 12 ACTING PRESIDENT GRIFFO: I did, 13 and you indicated you did not have a desire 14 to. 15 SENATOR SMITH: Mr. President, 16 Mr. President, I have not told you whether or 17 not I'm appealing your ruling. 18 What I'm trying to do is get an 19 understanding of what you are telling me. I 20 am not as intelligent as you are; it takes me 21 a lot longer to understand the facts. And I 22 believe, as one colleague to another, you owe 23 me the respect to explain to me why you are 24 ruling that way in terms of needing a home 25 rule in Section 9. That's all I'm asking.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: I think 2 that -- 3 SENATOR SMITH: Mr. Padavan is 4 trying to protect you, for what reason I don't 5 know. 6 ACTING PRESIDENT GRIFFO: There's 7 no one trying to protect, Senator Smith. 8 I've indicated several times now 9 how and why we made the ruling of the chair, 10 and we have been very clear about that, citing 11 sections of the Constitution, talking about 12 the content which controls, talking to you 13 about the purview within the affairs of the 14 property. And the affairs are that dealing 15 with a locality; therefore, they require a 16 home rule, as in accordance with counsel. 17 So I have specifically given you an 18 answer and have ruled on this, Senator Smith. 19 So short of an appeal, we will move forward on 20 the bill. 21 Senator Maltese, why do you rise? 22 SENATOR SMITH: Mr. President, we 23 will appeal the ruling of the chair. 24 ACTING PRESIDENT GRIFFO: Senator 25 Maltese, why do you rise?

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(518) 371-8910 1 SENATOR MALTESE: Yes, 2 Mr. President, since it's my bill, I would 3 respectfully request that possibly the points 4 that my colleague would wish to make can be 5 made during the debate on the initial bill. 6 And all aspects of that debate can be covered 7 at that time, including the proposals that 8 would be made by Senator Smith and others at 9 this time. 10 SENATOR SMITH: Mr. President, 11 I'd like to appeal the ruling of the chair. 12 ACTING PRESIDENT GRIFFO: Thank 13 you, Senator Smith. Senator Smith is asking 14 for an appeal of the ruling of the chair. 15 SENATOR CONNOR: Slow roll call, 16 Mr. President. 17 SENATOR MONTGOMERY: Slow roll 18 call. 19 ACTING PRESIDENT GRIFFO: 20 Gentlemen, may we have order in the house, 21 please. 22 I am reviewing now the request to 23 appeal the ruling of the chair. The 24 indication of the interest and desire for a 25 slow roll call is not eligible, under the

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(518) 371-8910 1 rules of the Senate, under actions of bills 2 and concurrent resolutions and nominations, 3 which are Article 8, Section 6(B) only allows 4 for the slow roll call. So in this case a 5 slow roll call will not be allowed. 6 The negatives will please raise 7 their hands. 8 SENATOR CONNOR: Point of order, 9 Mr. President. 10 ACTING PRESIDENT GRIFFO: Senator 11 Connor, why do you rise? 12 SENATOR CONNOR: We had a slow 13 roll call a week ago on a ruling of the chair. 14 ACTING PRESIDENT GRIFFO: Senator 15 Connor, that was done on consent, by unanimous 16 consent. 17 There does not appear to be 18 unanimous consent in the chamber today, so 19 your point is not well-taken. 20 I have cited to -- 21 SENATOR CONNOR: Mr. President, 22 you're entitled to your opinion, but not your 23 own facts. There was no consent. 24 ACTING PRESIDENT GRIFFO: These 25 are not opinions, Senator Connor. I am citing

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(518) 371-8910 1 to you specific rules of engagement here in 2 the chamber. 3 Senator Duane, why do you rise? 4 SENATOR DUANE: Because, 5 Mr. President, I was actually sitting in the 6 chair. There was no call for consent. We 7 went immediately to a slow roll when it was 8 requested. 9 I think if you took another look at 10 the rules, you would see that that's totally 11 appropriate. 12 And as has been stated, a precedent 13 was set, and to change the rules at this point 14 would be really a breach of trust on how we 15 operate in this chamber. 16 ACTING PRESIDENT GRIFFO: That 17 is -- unfortunately, Senator Duane, that is 18 not accurate. I have told you that the 19 previous ruling was done on unanimous consent. 20 That does not exist today. I have cited the 21 rules that are present here, talking to you 22 about Rule 8, Section 6(B). 23 So as a result of that, the ruling 24 stands. I would ask that all those who 25 disagree who want to overrule the chair,

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(518) 371-8910 1 please raise their hand. 2 SENATOR DUANE: Mr. President -- 3 ACTING PRESIDENT GRIFFO: That is 4 the ruling of the chair. Senator Duane, 5 you're out of order. 6 SENATOR DUANE: Mr. President, 7 since there's a dispute, may we have a reading 8 of the transcript of that day, Mr. President? 9 I think you will see and hear that there -- 10 I'm sorry that you are mistaken about that, 11 but if you -- if we have a reading of the 12 transcript, you will see that there was no 13 call for consent, we went right to a slow roll 14 call. 15 And I'm entitled to hear that. 16 We're all entitled to hear that. 17 ACTING PRESIDENT GRIFFO: Senator 18 Duane, the chair has made its ruling. 19 I will now ask that all those who 20 are opposed and would like to have a 21 reconsideration of appeal of the chair, please 22 raise your hands. 23 SENATOR DUANE: Mr. President -- 24 Mr. President -- 25 SENATOR SMITH: Point of order,

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(518) 371-8910 1 Mr. President. 2 ACTING PRESIDENT GRIFFO: Senator 3 Maziarz, why do you rise? 4 SENATOR MAZIARZ: Excuse me. 5 Excuse me, Mr. President. Can we just have a 6 very brief recess. 7 Mr. President. 8 ACTING PRESIDENT GRIFFO: Senator 9 Maziarz. 10 SENATOR MAZIARZ: Would the 11 Senate please stand in recess for two minutes. 12 ACTING PRESIDENT GRIFFO: The 13 Senate stands at ease. 14 (Whereupon, the Senate stood at 15 ease at 1:05 p.m.) 16 (Whereupon, the Senate reconvened 17 at 1:09 p.m.) 18 ACTING PRESIDENT GRIFFO: The 19 Senate will come to order. The Senate will 20 please come to order. 21 Senator Skelos. 22 SENATOR SKELOS: It's my 23 understanding that the Minority has offered up 24 an amendment. The Majority has said that it's 25 out of order because a home-rule message is

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(518) 371-8910 1 required. I believe the Minority is appealing 2 the ruling of the chair. 3 And I believe we're on a slow roll 4 call now? 5 SENATOR SMITH: No -- 6 ACTING PRESIDENT GRIFFO: Senator 7 Skelos -- 8 SENATOR SKELOS: Have you ruled 9 on the amendment? 10 ACTING PRESIDENT GRIFFO: I have. 11 The slow roll call will not be 12 accepted. I have cited the rationale behind 13 that, and there is no precedent in this case 14 because there was no objection registered 15 during the last time. 16 There has been an objection 17 registered today, Senator Duane. So, 18 accordingly, the ruling stands. The ruling of 19 the chair stands. 20 SENATOR SABINI: Mr. President -- 21 ACTING PRESIDENT GRIFFO: Senator 22 Sabini, you're out of order. Please sit down. 23 SENATOR SABINI: -- point of 24 order. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Skelos has the floor. Do you yield to Senator 2 Sabini, Senator Skelos? 3 SENATOR SKELOS: No, I do not. 4 ACTING PRESIDENT GRIFFO: Okay. 5 Senator Sabini, please take your seat. 6 Senator Skelos, you may continue. 7 SENATOR SKELOS: If we could now 8 go to the main bill. 9 SENATOR SABINI: Mr. President, 10 point of order. 11 ACTING PRESIDENT GRIFFO: Senator 12 Sabini, on your point of order. 13 SENATOR SABINI: Who objected to 14 the slow roll call? 15 ACTING PRESIDENT GRIFFO: Today? 16 SENATOR SABINI: Yes. 17 ACTING PRESIDENT GRIFFO: Slow 18 roll call? A member of the Majority 19 indicated, I think Senator Maltese may have. 20 He wanted to discuss the bill. 21 SENATOR SABINI: I did not hear 22 that. 23 ACTING PRESIDENT GRIFFO: 24 Paterson did -- Senator Padavan did. Excuse 25 me.

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(518) 371-8910 1 SENATOR SABINI: Senator Paterson 2 or Senator Padavan? 3 ACTING PRESIDENT GRIFFO: Senator 4 Padavan. Mr. Chairman, Senator Padavan did. 5 SENATOR DUANE: Mr. President. 6 ACTING PRESIDENT GRIFFO: Senator 7 Duane. 8 SENATOR DUANE: I don't believe 9 that you have responded to the request for a 10 reading of the Journal of last week when we 11 had a similar situation. 12 ACTING PRESIDENT GRIFFO: Senator 13 Duane is out of order. We're on the bill. 14 I've made my ruling. The ruling stands as is. 15 We will now return to the motion to 16 overrule -- 17 SENATOR DUANE: Mr. President, 18 did you rule -- 19 ACTING PRESIDENT GRIFFO: Senator 20 Duane, you're out of order. 21 SENATOR DUANE: Did you rule on 22 the -- 23 ACTING PRESIDENT GRIFFO: -- on 24 the motion to overrule -- 25 SENATOR DUANE: Mr. President,

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(518) 371-8910 1 point of -- 2 ACTING PRESIDENT GRIFFO: -- to 3 overrule that of the -- 4 SENATOR DUANE: -- point of -- 5 ACTING PRESIDENT GRIFFO: Senator 6 Duane, please take your seat. 7 SENATOR DUANE: A point of 8 clarification. Did you rule -- 9 ACTING PRESIDENT GRIFFO: Senator 10 Duane, please take your seat. 11 SENATOR DUANE: -- that you are 12 not permitting the reading of the Journal from 13 last week? Did you make a ruling on that, 14 Mr. President? 15 ACTING PRESIDENT GRIFFO: Senator 16 Duane, I did. I just said that your request 17 is out of order at this time because we are on 18 the bill. 19 SENATOR DUANE: Well, I would 20 challenge -- I would challenge that, 21 Mr. President. A point of order is always in 22 order. 23 ACTING PRESIDENT GRIFFO: We 24 cannot overrule two things at the same time. 25 We can take that up after we take the first

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(518) 371-8910 1 vote if you would like to, Senator Duane. 2 Currently the motion before this 3 body -- gentlemen -- 4 SENATOR DUANE: A point of order 5 takes precedent over everything else. 6 ACTING PRESIDENT GRIFFO: Your 7 point of order is not well-taken. Please take 8 your seat. 9 SENATOR DUANE: There's no such 10 thing as a point of order not being well-taken 11 when there's no response on the merits. 12 ACTING PRESIDENT GRIFFO: I 13 didn't give you a response on that, Senator 14 Duane. I told you that you were out of order. 15 We're speaking on the bill right now. That's 16 your motion. 17 SENATOR DUANE: Then I'm 18 challenging that. 19 ACTING PRESIDENT GRIFFO: That 20 challenge will have to take secondary to 21 the -- there is a challenge to the rule of the 22 chair right now. Are you withdrawing that 23 ruling, then, that Senator Smith made? Is he 24 withdrawing that motion? 25 SENATOR DUANE: Mr. President --

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Duane, is he withdrawing that motion? Do you 3 speak for him? 4 SENATOR DUANE: How are we 5 dealing with that motion? 6 ACTING PRESIDENT GRIFFO: Right 7 now we are dealing with that -- the motion was 8 on whether or not you should overrule the 9 ruling of the chair. 10 SENATOR SMITH: Point of order, 11 Mr. President. 12 ACTING PRESIDENT GRIFFO: Senator 13 Smith. 14 SENATOR SMITH: Yes. Can I 15 withdraw my motion? 16 ACTING PRESIDENT GRIFFO: You 17 want to withdraw your motion? 18 SENATOR SMITH: I withdraw my 19 motion. 20 ACTING PRESIDENT GRIFFO: The 21 amendment is withdrawn. 22 Senator Bruno. 23 SENATOR BRUNO: It's the Senator 24 Maltese bill that's on the floor? 25 ACTING PRESIDENT GRIFFO:

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(518) 371-8910 1 Correct, Senator Bruno. 2 SENATOR BRUNO: Can we lay it 3 aside presently, Senator? Do you mind laying 4 this bill aside presently? 5 SENATOR MALTESE: Mr. President, 6 lay my bill aside temporarily. 7 ACTING PRESIDENT GRIFFO: 8 Calendar 1845 is laid aside temporarily. 9 SENATOR BRUNO: Thank you, 10 Mr. President. 11 And I would, with the concurrence 12 of our colleagues, continue with the calendar. 13 ACTING PRESIDENT GRIFFO: Without 14 objection, the calendar will continue. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1887, by Senator Young, Senate Print 8169A, an 18 act to amend the Environmental Conservation 19 Law. 20 SENATOR SABINI: Explanation. 21 ACTING PRESIDENT GRIFFO: 22 Explanation, Senator Young. 23 SENATOR YOUNG: Yes, this bill 24 was requested by the Department of 25 Environmental Conservation. It establishes

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(518) 371-8910 1 statewide requirements for oil wells and 2 horizontal gas wells to access natural gas 3 resources throughout the Southern Tier of 4 Western New York and across the entire 5 Southern Tier east. 6 Basically, this would allow the 7 proper management, it would streamline things 8 for DEC to be able to get things moving. It 9 does not change whether or not you can access 10 and drill for oil and gas right now in 11 New York State; you can do this. This helps 12 streamlined the permitting process. 13 ACTING PRESIDENT GRIFFO: Senator 14 Sabini. 15 SENATOR SABINI: Mr. President, 16 would the sponsor yield for a question. 17 ACTING PRESIDENT GRIFFO: Senator 18 Young, will you yield for a question? 19 SENATOR YOUNG: Yes, 20 Mr. President. 21 ACTING PRESIDENT GRIFFO: Senator 22 Sabini. 23 SENATOR SABINI: Mr. President, 24 through you, would the sponsor tell me what 25 counties are going to be affected by this

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(518) 371-8910 1 piece of legislation? 2 ACTING PRESIDENT GRIFFO: Senator 3 Young. 4 SENATOR YOUNG: It's all of the 5 Southern Tier. It's not listed by counties, 6 but it's Broome, Tioga, Sullivan, and 7 Delaware, in addition to Allegany, Cattaraugus 8 and Chautauqua counties. 9 SENATOR SABINI: Mr. President, 10 if the sponsor would continue to yield. 11 ACTING PRESIDENT GRIFFO: Senator 12 Young, would you continue to yield? 13 SENATOR YOUNG: Yes. 14 ACTING PRESIDENT GRIFFO: Senator 15 Sabini. 16 SENATOR SABINI: Through you, 17 Mr. President, would the sponsor tell me how 18 people get their drinking water in those 19 counties? 20 ACTING PRESIDENT GRIFFO: Senator 21 Young. 22 SENATOR YOUNG: Well, people get 23 their drinking water in those counties the 24 same way everyone else does -- through the 25 different water systems, through wells,

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(518) 371-8910 1 through surface water, depending on what 2 system is in place in those particular 3 communities. 4 SENATOR SABINI: Mr. President, 5 if the sponsor could continue to yield. 6 ACTING PRESIDENT GRIFFO: Senator 7 Young, do you yield? 8 SENATOR YOUNG: Yes. 9 ACTING PRESIDENT GRIFFO: Senator 10 Sabini. 11 SENATOR SABINI: Actually, I 12 don't get my drinking water when I'm home that 13 way at all, I get it through the Cat/Del 14 Reservoir system. Is part of that New York 15 City Watershed area in this -- the area that 16 would be affected by this legislation? 17 ACTING PRESIDENT GRIFFO: Senator 18 Young. 19 SENATOR YOUNG: No, it is not. 20 SENATOR SABINI: Mr. President, 21 if the sponsor would continue to yield. 22 SENATOR YOUNG: Yes. 23 ACTING PRESIDENT GRIFFO: Senator 24 Young yields. 25 SENATOR SABINI: Through you,

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(518) 371-8910 1 Mr. President, my understanding is that the 2 Delaware River Valley part of the -- and I 3 always mispronounce this -- the Shawangunk 4 Ridge, I believe it's called, is part of this 5 which is in the New York City Watershed area, 6 is it not? 7 SENATOR YOUNG: Senator Sabini, 8 one of the things that I want to stress is 9 that this bill does not change anything that 10 can occur right now. That this is a 11 departmental bill from DEC, it will have no 12 effect on water sources in New York State. 13 There has been no incident of it affecting any 14 water sources in New York State. 15 And so I believe that your line of 16 questioning is not relevant to the focus of 17 the bill. 18 SENATOR SABINI: Mr. President, 19 if the sponsor could continue to yield. 20 SENATOR YOUNG: Yes. 21 ACTING PRESIDENT GRIFFO: Senator 22 Young yields. 23 SENATOR SABINI: Through you, 24 Mr. President, can the sponsor describe to the 25 house what the term "fracking" or fracturing

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(518) 371-8910 1 drilling is? 2 SENATOR YOUNG: Basically, what 3 it does is it breaks up rock, and there is 4 water that is injected to recover the oil and 5 gas. 6 However, I would stress again there 7 has never been any source of contamination 8 that I'm aware of -- if Senator Sabini has it, 9 I'd love to hear about it. But that this is a 10 safe process, it's a new technology, it's been 11 proven. 12 And I believe very strongly if the 13 Department of Environmental Conservation, if 14 it was a problem, they would not allow this 15 process in New York State. 16 SENATOR SABINI: Mr. President, 17 through you, would the sponsor continue to 18 yield. 19 SENATOR YOUNG: Yes. 20 ACTING PRESIDENT GRIFFO: Senator 21 Young yields. 22 SENATOR SABINI: I'm delighted at 23 the newfound faith in the DEC by Senator 24 Young, since I've heard otherwise in the past. 25 I'm glad we've had this epiphany.

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(518) 371-8910 1 Mr. President, would the sponsor 2 tell me what is in this water that's injected 3 to get the gas out of the wells, what 4 chemicals? 5 SENATOR YOUNG: You know, Senator 6 Sabini, I'm not sure right at the moment. But 7 they are not qualified, I believe, by DEC as 8 hazardous materials. That's the understanding 9 that I have. 10 SENATOR SABINI: Mr. President, 11 on the bill. 12 ACTING PRESIDENT GRIFFO: Senator 13 Sabini, on the bill. 14 SENATOR SABINI: Well, Senator 15 Young is right, she doesn't know. None of us 16 know, because those chemicals are protected 17 under federal law. It is suspected by many 18 people that one of the chemicals that's mixed 19 with that water -- besides sand -- is 20 strychnine, not something I would think the 21 sponsor or anyone else would want in our wells 22 or in our water supply. That's a carcinogen. 23 With regard to past experience as 24 to whether or not this technology has 25 contaminated anything, we don't really know

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(518) 371-8910 1 yet, because the technology is very new. 2 I can tell you that in the case of 3 the Binghamton-Johnson City water treatment 4 facility, they're talking about bringing in a 5 million gallons of wastewater that treatment 6 plants may not be able to handle. That's a 7 little frightening. 8 Water treatment plants have 9 capacity, they're built with capacity. And 10 the millions of gallons of water that will be 11 used to fracture this gas out of the Marcellus 12 shale is a lot more water than the wastewater 13 treatment plants are able to handle. 14 Now, the Pennsylvania Department of 15 Environmental Protection met with 150 people 16 from the gas and oil industry just the other 17 day to make sure that Pennsylvania companies 18 understand that there are laws governing 19 drilling. And this kind of meeting came after 20 operators in Pennsylvania illegally diverted 21 streams from their streambeds and spilled 22 diesel fuel at sites. 23 There are farmers upstate who have 24 already noticed that wastewater from this 25 fracturing is being deposited onto roadways

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(518) 371-8910 1 that spill into local water supplies and 2 wells. 3 I understand that there's a lot of 4 money in this industry of fracturing; I 5 understand that. And in distressed economic 6 times, I understand that there are those who 7 would rather have their farmland subject to 8 this fracturing rather than wait and find out 9 what that will mean. 10 It's sad that we're in an economic 11 time where a quick buck is more important than 12 long-term concerns. But no one really knows 13 what this fracturing will do to the land 14 throughout the counties being discussed. I 15 think we should take a go-slow approach. 16 There are others that feel that way as well. 17 We are in a position now of being 18 at sort of the first step of learning about 19 this kind of mining for gas, and yet I believe 20 this bill will speed up the process. The 21 Susquehanna River Basin Commission, which is a 22 bi-state commission, has told 23 exploration 23 companies operating in New York and 24 Pennsylvania that they need to come to them 25 before obtaining water from rivers, creeks and

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(518) 371-8910 1 streams in the area that they're talking about 2 mining in. 3 The process of drilling wells in 4 underground Marcellus and Utica shale 5 formations involves injecting large amounts of 6 water into these formations, breaking them up, 7 releasing trapped gas, and sending sand and 8 other chemicals which are protected under 9 federal patent law -- that we don't know 10 about -- into the ground. 11 Large, unregulated withdrawals from 12 streams can reduce the flow of water in time 13 of drought and cripple our wastewater plants 14 in time of flood. I think this is a 15 technology that we're nowhere near knowing 16 enough about. I think there's lots of people 17 within this area that have emailed us and 18 called us, and a number of environment groups 19 have come forward to say let's take a go-slow 20 approach on this. 21 So, Mr. President, I'm going to be 22 voting in the negative, thank you. 23 ACTING PRESIDENT GRIFFO: Senator 24 Duane. 25 SENATOR DUANE: Thank you.

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(518) 371-8910 1 Mr. President, on the bill. 2 ACTING PRESIDENT GRIFFO: Senator 3 Duane, on the bill. 4 SENATOR DUANE: This is, 5 interestingly, a time where I think everyone 6 in the state, no matter where they live, has a 7 tremendous interest in this legislation and 8 not passing this legislation at this point in 9 time. 10 Let me say from the get-go, it's 11 possible, though I think unlikely -- and I'm 12 willing to be wrong about it -- but it's 13 possible that, as the sponsor says, there is 14 absolutely no danger, that this is a totally 15 safe technology. However, we do not know 16 that. And there is no proof of that. 17 As the sponsor said, this is a new 18 technology. We do not know the ramifications 19 of this technology. Absolutely, it has an 20 impact on the water table of anywhere where 21 this drilling takes place. Because in order 22 for this drilling to take place, the drilling 23 uses up an enormous amount of water. 24 It uses an enormous amount of water 25 in the area that the drill is taking place,

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(518) 371-8910 1 and we do not know what is left in place of 2 that water that's used. The water is 3 displaced, it's contaminated. The water 4 that's left is also contaminated. 5 So lay aside what it might do to 6 the New York City Watershed. What it does to 7 the local drinking water of the counties and 8 municipalities that are being impacted 9 potentially by this drilling. 10 The vast majority of people who 11 live in these counties get their water 12 locally, sometimes through a municipal water 13 system and sometimes through wells. And we do 14 not know the impact of this technology. Why 15 are we making it so that we won't be finding 16 out about it? If we permit this drilling to 17 start now -- 18 ACTING PRESIDENT GRIFFO: Senator 19 Young, why do you rise? 20 SENATOR YOUNG: Will Senator 21 Duane yield for a question. 22 ACTING PRESIDENT GRIFFO: Senator 23 Duane, will you yield for a question? 24 SENATOR DUANE: Sure. Yes, 25 Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Young. 3 SENATOR YOUNG: Senator Duane, 4 I'm listening to what you're saying, and my 5 question is, on what factual information are 6 you basing the comments that you're making 7 right now? Because you even admitted yourself 8 you don't know. 9 What I'd like to point out is that 10 DEC -- what this bill actually does is that it 11 will give DEC even more oversight over this 12 process. And it's not going to contaminate 13 water wells, it's not going to contaminate 14 municipal systems. There have been millions 15 of fracking across this country -- for 16 example, in Texas, the Burnett shale -- and 17 there have been no incidents of water being 18 contaminated. Millions, millions. 19 So I guess my question to you, 20 again, is where are you getting your 21 information from? Because it's totally 22 unsubstantiated. 23 SENATOR DUANE: Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Duane.

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(518) 371-8910 1 SENATOR DUANE: I said that I 2 wanted to have more information. Perhaps a 3 public hearing. What a concept. 4 Interestingly, the only state that 5 was specifically mentioned by the sponsor in 6 her question was Texas. Now, if we want to 7 have the same environmental situation here in 8 New York that Texas has, I think it's time for 9 most of us to move, because Texas has a 10 horrendous, horrible environmental record. 11 If we want to look at examples of 12 what has happened, let's look at Ohio, let's 13 look at Pennsylvania -- which, frankly, the 14 terrain of which, the geology of which much 15 move tracks with Senator Young's district than 16 does Texas. And I actually know something 17 about -- 18 SENATOR YOUNG: Senator Duane, 19 will you yield for a question? 20 SENATOR DUANE: If I could finish 21 answering the question -- if I may finish 22 answering the question, which I think I'm 23 allowed to, since I was kind enough to yield 24 before I finished -- there is an incredibly 25 high rate of cancer in many places in Texas

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(518) 371-8910 1 which many believe, scientists believe, is in 2 part caused by the terrible environment there. 3 And I have some personal knowledge 4 of that. My partner's mother died of cancer, 5 they lived in the Rio Grande Valley, and they 6 strongly believe that it's the water that 7 caused her to get esophageal cancer. As have 8 many people on both sides of the Rio Grande. 9 So I don't want us to be Texas. 10 Let's look at what has happened in 11 Pennsylvania, let's look at what happened in 12 Ohio before we rush to pass this legislation. 13 SENATOR YOUNG: Senator Duane, 14 again, first of all, I'm sure you're aware 15 that New York State is probably the most 16 regulated, environmentally regulated state in 17 the entire country. 18 And if some of the states are less 19 regulated but they still haven't had an 20 incident, how can you stand there today and 21 say that you have some kind of facts or some 22 kind of data that suggests otherwise? I think 23 it's outrageous that you would even say that. 24 We have looked at what has happened 25 in Pennsylvania. We have looked at what has

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(518) 371-8910 1 happened in Ohio. And I have to say they're 2 even less regulated than us. And one thing 3 that I want to point out to you that I guess 4 I'm asking if you understand about the bill is 5 that -- 6 SENATOR DUANE: I just want to -- 7 ACTING PRESIDENT GRIFFO: Senator 8 Connor, why do you rise? 9 SENATOR CONNOR: Point of order. 10 There's a back and forth. I haven't heard a 11 question. 12 SENATOR YOUNG: If you 13 understand -- I'm asking the question, Senator 14 Connor. 15 I'm wondering if you understand, 16 Senator Duane, that we are the most regulated 17 environmentally, from an environmental 18 standpoint, state. And, number two, whether 19 you understand that this recovery of oil and 20 gas is already allowable in New York State, 21 and this does not change that one bit, but 22 basically gives more oversight to DEC in this 23 process. 24 Do you understand those two things? 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Duane. 2 SENATOR DUANE: Mr. President, I 3 think there were two questions. One is how 4 can I say this, and the second question was -- 5 what was the very end of your -- 6 SENATOR YOUNG: This legislation 7 does not change the fact that you already can 8 recover oil and gas in New York State through 9 horizontal drilling. That already occurs. 10 Basically what this does is help DEC. This 11 is -- 12 SENATOR DUANE: Mr. President, I 13 actually just was asking for a very specific 14 clarification. There was a question how can I 15 say this, and then at the very end of what the 16 sponsor was saying she had another question, 17 which I just forgot. 18 But I'll answer the first question, 19 and if we come to the second one -- how can I 20 say this? How can the sponsor say what she's 21 saying? She doesn't know any more than I do 22 about this, because nobody knows about this, 23 because it's a new technology. 24 And I'm sure that the companies 25 that are going to make a windfall profit on

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(518) 371-8910 1 this, of course they're going to say it's 2 totally safe. Of course they're going to say 3 that. But there are numerous people in Ohio 4 and Pennsylvania who are sorry that they let 5 people come onto their land and do this, and 6 there are municipalities in Ohio and in 7 Pennsylvania who do not know what has happened 8 to their water. And they are very concerned 9 that their drinking water has been negatively 10 impacted, if not destroyed, by this 11 technology. 12 So both of us could say "how could 13 you say this." How could we say this? We're 14 both operating without the amount of 15 information that we need to have to make a 16 good choice about whether or not to allow this 17 kind of technology to be used. 18 SENATOR YOUNG: Senator Duane, 19 will you yield? 20 ACTING PRESIDENT GRIFFO: Senator 21 Duane, will you continue to yield for another 22 question? 23 SENATOR DUANE: Yes, 24 Mr. President. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Young. 2 SENATOR DUANE: As long as the 3 question is not endless. 4 SENATOR YOUNG: Senator Duane, 5 this is a DEC departmental bill. This is a 6 DEC -- 7 ACTING PRESIDENT GRIFFO: Senator 8 Young, perhaps you can repeat the question. 9 SENATOR YOUNG: Senator Duane, 10 I'd like to remind you, this is a DEC 11 departmental bill. And I know that you were 12 very supportive, I believe, of Commissioner 13 Grannis when we confirmed him. 14 So my question is, do you not have 15 faith in what DEC is putting forward? Do you 16 think that they're wrong on this issue? 17 ACTING PRESIDENT GRIFFO: Senator 18 Duane. 19 SENATOR DUANE: Mr. President, I 20 would like to have the luxury of a little bit 21 of time to find out whether they are wrong or 22 not. I do not know. 23 I think that this technology is 24 potentially very dangerous. I would like -- 25 if DEC thinks that this is a good piece of

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(518) 371-8910 1 legislation, then I'd like to have a hearing 2 on it and have them come forward and discuss 3 it. 4 I'm more than happy to have the 5 corporations that are pushing this technology 6 to come and testify. And I think we also need 7 to talk with the municipalities and the 8 landowners who have had this technology used 9 on their land in, for instance, Pennsylvania 10 and Ohio. 11 Let's get them all in the same room 12 and testify, and I can ask as many questions 13 as they want and the sponsor can ask as many 14 questions as she wants. Senator Sabini can 15 ask his questions. We can all ask our 16 questions. 17 I think it's a little weird, 18 frankly, that we're in the closing days of the 19 session and this bill has just arrived here, 20 no public hearings on it. There is tremendous 21 concern about this legislation among the 22 people and counties across New York State, and 23 I think that we need to hear from them before 24 we take action on this. 25 You know, I don't know whether

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(518) 371-8910 1 we're the most overly regulated state, but I 2 do know that our water is among the best in 3 the country, and I would like to keep it that 4 way. 5 ACTING PRESIDENT GRIFFO: Thank 6 you, Senator Duane. 7 Is there anything further you would 8 like to add on the bill? 9 SENATOR DUANE: Just if I may 10 finish speaking on the bill, Mr. President. 11 ACTING PRESIDENT GRIFFO: Senator 12 Duane, on the bill. 13 SENATOR DUANE: I would encourage 14 my colleagues to vote in the negative on this. 15 I really think that we need a 16 chance to examine this, to hear from experts. 17 You know, I'm a person -- I know a lot about a 18 few things, I know a little about a lot of 19 things, but I don't know enough about many, 20 many things, and I like to hear from people 21 who know more than I do about them. 22 So I know that that's a luxury 23 here, but in this case, because it impacts on 24 our environment and our drinking water across 25 the state, I think that we should give this

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(518) 371-8910 1 some time, have hearings, hear from people, 2 make the most educated decision we can on it. 3 So I'm not saying that we should 4 never pass this, I'm just saying we need time 5 to really examine it. So I am encouraging my 6 colleagues to vote in the negative on this to 7 give us a chance to do that. 8 And I also want to wish Senator 9 Sampson a happy birthday. 10 Thank you, Mr. President. 11 ACTING PRESIDENT GRIFFO: Happy 12 birthday, Senator Sampson. 13 (Applause.) 14 ACTING PRESIDENT GRIFFO: Are 15 there any other Senators wishing to speak? 16 Senator Young. 17 SENATOR YOUNG: Thank you, 18 Mr. President. 19 While I respect my colleagues 20 Senators Duane and Sabini very much, I believe 21 that some of the statements that have been 22 made have been misrepresentative of this 23 legislation. Because this does not change a 24 thing as to what's happening right now in 25 New York State as far as allowing horizontal

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(518) 371-8910 1 drilling for natural gas and oil. 2 And according to DEC's own 3 statistics, there has been 75,000 of these 4 drilling operations upstate with not one 5 negative incident. That's upstate, that's 6 New York State, those are statistics that are 7 kept by our own DEC. 8 You know, we have the opportunity 9 here to really revitalize the upstate economy, 10 because this is a great opportunity for our 11 localities, it's a great opportunity for our 12 property owners. 13 And by the way, I do want to 14 mention that there's a bill that will be put 15 on the calendar shortly that gives landowners 16 a longer period of time so that they can 17 review things and refuse if they don't want to 18 accept a contract that's put forward by one of 19 the drilling companies. 20 But this is really key to 21 revitalizing the upstate economy. These 22 companies want to invest millions of dollars 23 into our economy. 24 And also, at the same time, you 25 know, if people in this chamber are concerned

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(518) 371-8910 1 about energy costs, about the consumers, one 2 of the things that undoubtedly we have to do 3 is increase our domestic supply. This does 4 exactly that. 5 So I would encourage all of our 6 colleagues and actually urge them to vote yes. 7 This is environmentally sound. This is a DEC 8 departmental bill. This revives the upstate 9 economy, and it increases our supply of 10 energy. 11 Thank you. 12 ACTING PRESIDENT GRIFFO: Thank 13 you, Senator Young. 14 Senator Sabini. 15 SENATOR SABINI: Mr. President, 16 on the bill. 17 ACTING PRESIDENT GRIFFO: Senator 18 Sabini, on the bill. 19 SENATOR SABINI: I think it's 20 clear to me that this practice of fracking our 21 shale supply is one that really requires a 22 little more study. The executive director of 23 the Broome County Soil and Water Conservation 24 District said in a newspaper report just 25 yesterday: "This is like a road covered in

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(518) 371-8910 1 fog. It's hard to see which way it turns." 2 The fact of the matter is it will 3 take millions of gallons of water out of the 4 water supply and then put millions of gallons 5 of water back into the sewage treatment system 6 that has chemicals injected into them by the 7 process and then things taken out of the rock 8 in the process that we don't even know what 9 they are. They could be chemical, they could 10 be radioactive. 11 None of the soil and water 12 conservation districts have had anything but 13 questions about this process. They don't know 14 how they're going to have the capacity to 15 handle the wastewater, the millions of gallons 16 of wastewater. 17 Landowners are being -- frankly, 18 it's turned into a land rush where you can get 19 lots of money per acreage to have this process 20 done on your land, and yet they have to do 21 explosions, drilling, and water has to come 22 out of your land and be carted off elsewhere. 23 I think this is a technology that 24 we need to know more about, rather than 25 encouraging it at the last minute of session.

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(518) 371-8910 1 So I urge all my colleagues from upstate and 2 downstate -- and most of Delaware County is in 3 the New York City Watershed area, as far as I 4 know, having studied a lot about the 5 watershed. I'm concerned about the water 6 supply everywhere in this state. I think this 7 is a process that needs to be looked at more 8 closely rather than speeded up. 9 And I urge everyone to vote no. 10 ACTING PRESIDENT GRIFFO: Senator 11 Marcellino. 12 SENATOR MARCELLINO: Mr. 13 President, just on the bill. Just a 14 clarification so that we understand something. 15 This bill gives the DEC more 16 authority to regulate and control the process. 17 That's something to be aware of. They are 18 asking for us to give them greater control so 19 that they can monitor these wells, so they can 20 appropriately space these wells so that they 21 will have a minimal or as minimal as possible 22 impact on the local environment. 23 We're not going at this 24 willy-nilly. This stuff has been done before. 25 It's not new. Not new, it's not brand-new.

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(518) 371-8910 1 It's been used before. We want to, in this 2 state, use it appropriately, with more 3 controls and more monitoring. I don't know 4 how many other times and other ways to say 5 this. 6 This is a good bill. This will 7 move forward and will help, and it will not 8 negatively impact local water supply or the 9 water supply for the City of New York. It's 10 as simple as that. It's giving more control. 11 I should think you'd want that. 12 Thank you. 13 ACTING PRESIDENT GRIFFO: Senator 14 Libous. 15 SENATOR LIBOUS: Mr. President, I 16 feel compelled to stand up, since my 17 colleagues on the other side of the aisle have 18 talked so eloquently about my district. 19 And this is something that we are 20 paying very close attention to, not only in 21 the Broome-Chenango-Tioga-Delaware-County area 22 but throughout the state, and that is the 23 concept behind this departmental bill. 24 We have had dozens of meetings in 25 the Broome County area, because right now they

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(518) 371-8910 1 tell us that the Marcellus shale that's in 2 Broome County is the richest, possibly, in the 3 country. And as Senator Young said, right now 4 they're talking about $180 million in lease 5 arrangements with farmers who haven't been 6 able to pay their taxes for the last five 7 years and other landowners who have been 8 struggling in an upstate economy in an a 9 region where IBM once employed 17,000 people 10 and now employs 1200. 11 So yes, from an economic 12 development standpoint, my colleagues on the 13 other side of the aisle, this is big for us. 14 On the other side of the issue, 15 like anything we do here, you have to have 16 balance, you have to have control. We too are 17 extremely concerned about the environment. 18 We're concerned about the water table. We're 19 concerned about a whole host of issues. 20 That's why Chip McElwee, who made 21 those comments, Senator, in the paper, we have 22 been looking at a number of different ways to 23 make sure that we protect the water table, 24 that we protect -- you mentioned the New York 25 City Reservoir. This side of the aisle,

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(518) 371-8910 1 Senator Bonacic, others here, we have done a 2 number of things over the years to protect the 3 reservoirs that feed New York City. We care 4 very deeply. 5 During the aftermath of 9/11, it 6 was this house that did a number of major 7 important issues to make sure that those 8 reservoirs were secure and safe during some of 9 the issues that took place during and after 10 9/11. 11 So, Mr. President, to my colleagues 12 on the other side of the aisle, I certainly 13 appreciate their concern about some of our 14 districts upstate. I appreciate their 15 concern. But again, this bill, this bill is 16 going to give the answers to those questions. 17 As Senator Young said, this bill gives DEC 18 more authority to regulate, more authority for 19 oversight. That's what DEC is all about. 20 As a matter of fact, I've spent 21 20 years here, and I've heard time and time 22 again from my colleagues on the other side of 23 the aisle talking about the regulatory process 24 in DEC and how important it was. And in many 25 cases I've argued against it, because they

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(518) 371-8910 1 seem to be fighting the whole process in 2 creating new businesses and new jobs. 3 In this case, I agree with you. I 4 agree with you because what Senator Young is 5 trying to do here is make sure that we have a 6 balanced approach. So with all due respect to 7 my colleagues on the other side of the aisle, 8 I respect their opinion, I respect what they 9 have to say, but the answer is within Senator 10 Young's bill, because DEC will be making those 11 decisions that the people in Broome County at 12 the local level that I represent maybe don't 13 have not only the authority but the expertise 14 to make. 15 Just like we called upon them with 16 the some of the TEC vapors that we've had in 17 the Endicott area. The scientists from DEC 18 come down and they help us, they work with us. 19 It's not the local people who make those 20 decisions. 21 So, Senator Young, this is an 22 outstanding piece of legislation. This is the 23 balance between the possibility of some great 24 economic growth in upstate New York but also 25 in protecting the environment.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Winner. 3 SENATOR WINNER: Thank you, 4 Mr. President. 5 As a Senator representing an area 6 that has had extensive gas exploration in the 7 last number of years, and also as the sponsor 8 of the 2005 amendments to the Environmental 9 Conservation Law which established the new 10 procedures for unitization of gas wells in the 11 state, you know, I'm pleased to support this 12 bill. And I want to commend Senator Young for 13 her efforts in this regard. 14 You know, it's astonishing to me to 15 listen to some of the downstate patronization 16 of upstate New York with regard to their 17 concerns, their purported concerns over the 18 environment, when this legislation is 19 specifically authorizing more oversight by the 20 Department of Environmental Conservation in 21 order to protect the environment rather than 22 to harm the environment. 23 And to that extent, I find your 24 concerns to be only knee-jerk-environmentalist 25 types of responses, and therefore I find it

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(518) 371-8910 1 very, very strange that -- 2 ACTING PRESIDENT GRIFFO: Senator 3 Sabini, why do you rise? 4 SENATOR SABINI: Would Senator 5 Winner yield for a question. 6 ACTING PRESIDENT GRIFFO: Senator 7 Winner, will you yield for a question? 8 SENATOR WINNER: Yes. 9 ACTING PRESIDENT GRIFFO: Senator 10 Sabini. 11 SENATOR SABINI: Mr. President, 12 through you, Senator Winner pointed out this 13 bill would give more oversight to DEC. Is the 14 Senator aware that the bill would reduce the 15 setback for drilling from 660 feet spacings to 16 460 feet spacings, thereby creating more 17 ability to drill these wells? That's your 18 idea of more regulation, to allow more? 19 ACTING PRESIDENT GRIFFO: Senator 20 Winner. 21 SENATOR WINNER: Well, Senator 22 Sabini, the Department of Environmental 23 Conservation is very expert with regard to the 24 way they establish their well setbacks. 25 And their unitization provisions,

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(518) 371-8910 1 rather than -- I'm sure that Queens, with all 2 of the gas wells that they have down there, is 3 very -- and the Senator from Queens who is 4 about to be a member of the New York Racing 5 and Wagering Board, is certainly going to 6 be -- is very knowledgeable about how they do 7 spacing of gas wells in the Southern Tier. I 8 appreciate that. 9 I know that you like to use the gas 10 that we're transmitting downtown to New York 11 City in order to fire your generating plants, 12 heat your homes, and otherwise provide 13 affordable energy. I know that you enjoy the 14 provisions of the Empire Pipeline that cut 15 through upstate New York and the Millennium 16 Pipeline that is going all the way through the 17 Southern Tier of New York in order to deliver 18 gas to your municipality down there so you can 19 have cheap and reliable power in order to heat 20 your homes and generate your electricity. 21 But it is astonishing to me that 22 all of a sudden you now have become, in that 23 process, an expert at how we space wells and 24 site and permit wells for the exploration of 25 gas in New York State.

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(518) 371-8910 1 SENATOR SABINI: Mr. President, 2 if I could -- 3 ACTING PRESIDENT GRIFFO: Senator 4 Sabini. 5 SENATOR SABINI: If I could 6 address the Senator's remarks. 7 I don't claim to be an expert in 8 it, but I'm just pointing out that in 9 answering a question about regulation, that 10 the regulation is allowing more drilling, not 11 less. 12 ACTING PRESIDENT GRIFFO: Senator 13 Sabini, are you asking Senator Winner to 14 continue to yield? 15 SENATOR SABINI: Who's presiding 16 up there? They're ganging up on us. 17 (Laughter.) 18 ACTING PRESIDENT GRIFFO: It's 19 his birthday. 20 SENATOR SABINI: Mr. President, 21 I'm only pointing out that while -- 22 ACTING PRESIDENT GRIFFO: Senator 23 Sabini, are you asking Senator Winner to 24 continue to yield? 25 SENATOR SABINI: I'm trying to

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(518) 371-8910 1 answer his point, which is that I'm not expert 2 on the spacing or drilling of wells, but I do 3 know that if you reduce the amount of space, 4 you're going to get more wells. So to say 5 that's more regulation, I guess it's more 6 regulation to have more, but that's not the 7 kind of regulation I was interested in. 8 Thank you. 9 ACTING PRESIDENT GRIFFO: Senator 10 Winner. 11 SENATOR WINNER: In response to 12 Senator Sabini's comment, I would only point 13 out that the unitization size and the spacing 14 unit sizes are specifically for the purpose of 15 determining what is an appropriate spacing 16 size in order to protect the landowners so 17 that they can make sure that the correlative 18 rights that are being taken from them in the 19 form of the gas that's being extracted is more 20 properly allocated among particularly 21 landowners, and therefore they're fairly 22 compensated for the amount of gas that is 23 being extracted. That is the purpose of the 24 size of the spacing units. Also, it obviously 25 serves environmental purposes as well.

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(518) 371-8910 1 Once again, you know, we're 2 standing up here suggesting that the 3 Department of Environmental Conservation has 4 the expertise to do their job, and we want to 5 give them that power and maintain that power 6 for them in order to make sure that this is 7 properly regulated in New York State. 8 ACTING PRESIDENT GRIFFO: Senator 9 Thompson. Senator Winner, excuse me. 10 Senator Thompson, why do you rise? 11 SENATOR THOMPSON: I rise, 12 Mr. President, to ask if Senator Winner would 13 yield for a question. 14 ACTING PRESIDENT GRIFFO: Senator 15 Winner, will you yield for a question? 16 SENATOR WINNER: Sure. 17 ACTING PRESIDENT GRIFFO: Senator 18 Thompson. 19 SENATOR THOMPSON: Senator, I had 20 a question for you. And I wanted to know 21 whether or not -- you know, how long people 22 have been drilling. This process has been 23 taking place in the state for how many years? 24 SENATOR WINNER: Well, the 25 drilling in Western New York, particularly in

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(518) 371-8910 1 the Medina well fields, has been going on 2 for -- or had been going on for decades. And 3 obviously depending on the price of gas, some 4 of it slowed down and was abandoned. 5 And then, with the Trenton/Black 6 River find, it certainly has been receiving 7 new interest. And certainly now with the 8 Marcellus shale find, it's got even more 9 interest. So gas drilling has been going on 10 for probably over a hundred years in New York 11 State. 12 SENATOR THOMPSON: Are you aware 13 of any -- 14 ACTING PRESIDENT GRIFFO: Senator 15 Thompson, are you asking Senator Winner to 16 continue to yield? 17 SENATOR THOMPSON: Yes. 18 ACTING PRESIDENT GRIFFO: Senator 19 Winner, would you continue to yield? 20 SENATOR WINNER: Yes. 21 ACTING PRESIDENT GRIFFO: Senator 22 Thompson. 23 SENATOR THOMPSON: Mr. President, 24 through you, are you aware of any groups that 25 may be opposed to this bill?

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(518) 371-8910 1 SENATOR WINNER: Well, I'm aware 2 that -- it was brought to my attention that 3 there's a -- the Sierra Club is opposed to it. 4 And that's about it, I think, that I'm aware 5 of. 6 I'm also aware that New York Farm 7 Bureau is in favor of it. I'm also aware that 8 the Independent Gas and Oil Association is in 9 favor of it. I'm aware that there is 10 obviously a number of independent landowners 11 that are in favor of it. I know there are 12 countless numbers of municipalities throughout 13 the Southern Tier that are in favor of it due 14 to the increased economic activity that it's 15 producing and the additional tax revenue and 16 economic development. 17 In fact, it's almost astonishing 18 that we have -- in the Southern Tier we have 19 hundreds of millions of dollars in 20 private-sector investment which has finally 21 come to our region of the state in assisting 22 landowners that were in the past unable to 23 secure any kind of reasonable return on their 24 land values or any kind of reasonable return 25 on their investments of property, and I'm

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(518) 371-8910 1 aware that those by the hundreds if not 2 thousands of individuals that are out there 3 that are benefitting from this economic growth 4 and activity are in favor of this legislation. 5 And I know that there are people 6 from one end of this state to the other that 7 are going to be able to benefit by the 8 increased production in the amount of natural 9 gas and have that gas delivered so that they 10 can heat their homes and power their 11 generating plants are going to be in favor of 12 it and are going to benefit from it. 13 So those kinds of people and groups 14 are in favor of this legislation, yes. 15 SENATOR THOMPSON: Through you, 16 Mr. President, will Senator Winner yield for 17 another question. 18 ACTING PRESIDENT GRIFFO: Senator 19 Winner, do you yield for an additional 20 question? 21 SENATOR WINNER: Certainly. 22 ACTING PRESIDENT GRIFFO: Senator 23 Thompson. 24 SENATOR THOMPSON: Has the DEC 25 ever authorized this state to engage in an

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(518) 371-8910 1 activity and ever reversed its decision? 2 ACTING PRESIDENT GRIFFO: Senator 3 Winner. 4 SENATOR WINNER: I don't know 5 whether they have. 6 Although, Senator, what I will tell 7 you is that I was extraordinarily interested 8 and attended numerous briefings -- and members 9 of my staff -- numerous briefings of the DEC 10 involved in the development of this 11 legislation and specifically questioned them 12 with regard to the safety, the environmental 13 safety concerns as it related to this 14 fracturing process. 15 And one interesting thing that they 16 pointed out -- and I'm assuming that the DEC, 17 under Pete Grannis's leadership, is telling 18 the truth when they represented to me and to 19 other members of the Legislature that were 20 interested that in their survey of this 21 fracturing process throughout this country, 22 that they had -- which was at least probably a 23 million instances of where that had 24 occurred -- that they had not uncovered one 25 instance, not one instance where there's been

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(518) 371-8910 1 any groundwater contamination. 2 So I take them at their word. 3 Apparently a number of your colleagues do not 4 take them at their word that that is in fact 5 accurate and do believe that the DEC must be 6 misleading them with regard to the safety. I 7 take DEC at their word that they are doing a 8 good job of regulating this industry and at 9 the same time providing for the unleashing of 10 hundreds of millions of dollars of economic 11 benefit and years and years' worth of supply 12 of plentiful and reasonable-cost natural gas 13 that will come out of this exploration 14 process. 15 SENATOR THOMPSON: Mr. President, 16 could the speaker yield for two more 17 questions. 18 ACTING PRESIDENT GRIFFO: Senator 19 Winner, will you yield for two questions? 20 SENATOR WINNER: Yes, 21 Mr. President. 22 ACTING PRESIDENT GRIFFO: Senator 23 Thompson. 24 SENATOR THOMPSON: Senator 25 Winner, have you ever worked for a gas company

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(518) 371-8910 1 before? 2 SENATOR WINNER: No. 3 SENATOR THOMPSON: So does that 4 mean you're not an expert on gas drilling or 5 gas operations? Is that safe to assume? 6 SENATOR WINNER: Well, I was the 7 sponsor of the 2005 legislation, yes. So to 8 that extent I was fairly knowledgeable in the 9 development of that. 10 SENATOR THOMPSON: But you've 11 never worked for a gas company? 12 ACTING PRESIDENT GRIFFO: Senator 13 Thompson, those were the two questions. 14 SENATOR THOMPSON: Could he just 15 answer my question, please. 16 ACTING PRESIDENT GRIFFO: Would 17 you want to answer the additional question? 18 SENATOR WINNER: What? I don't 19 understand the question, Senator. 20 ACTING PRESIDENT GRIFFO: Would 21 you re-pose the question, Senator Thompson. 22 SENATOR THOMPSON: I just want to 23 know whether or not you've ever worked for a 24 gas company. 25 Beyond what he has read, has he

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(518) 371-8910 1 ever -- does he have any practical experience, 2 either through high school, through college, 3 or professionally. Beyond reading papers, 4 have you ever had any experience in the gas 5 industry? 6 SENATOR WINNER: Senator, I'm an 7 attorney in a private practice, and as a 8 result I'm -- that's what my only other 9 occupation has been. 10 Thank you, Senator. 11 SENATOR THOMPSON: One last 12 question. Would you -- 13 ACTING PRESIDENT GRIFFO: Senator 14 Thompson, Senator Winner does not yield. 15 Senator Winner has the floor, Senator 16 Thompson, and he does not yield. 17 Senator Winner, is there anything 18 further you would like to speak on the bill? 19 SENATOR WINNER: No, I've 20 concluded, thank you. 21 ACTING PRESIDENT GRIFFO: Is 22 there any other Senator wishing to be heard? 23 SENATOR THOMPSON: Could I speak 24 on the bill. I -- 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Thompson, we have a list. 2 Next is Senator Bonacic. 3 SENATOR BONACIC: Thank you, 4 Mr. President. 5 I'm not going to belabor what's 6 been said, but I'd just like to share some 7 things with you at a meeting that DEC held 8 with concerned constituents and our office on 9 some of the things that you've raised today. 10 Number one, the drilling for 11 natural gas, they go down about 700 feet. 12 That's point number one. Usually wells don't 13 go below 300, usually, and sometimes much 14 less. 15 The second point that I want to 16 make, and Senator Young mentioned it, there's 17 a history of 75,000 drillings on different 18 lands where there's knowledge of results of 19 the environment, and it's been done without 20 incident. 21 Number three, the gas company has 22 to post a bond, and that bond is to make sure 23 there's remediation of the land. They do 24 water analysis when they're done to see if 25 there's any contamination of the water. And

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(518) 371-8910 1 as I say, the drilling companies have to bond 2 this to make sure that the things you're 3 raising now do not cause any harm to the 4 environment. 5 So -- and how long this has been 6 going on is how long does it take to drill 7 75,000 wells in good times and bad. And when 8 there's bad times, there's times that they 9 don't drill till the market comes back. Okay? 10 So having said all of that, we 11 trust the DEC and their specialists to be the 12 protector of the environment. And Delaware 13 County was mentioned by one Senator. 14 Fifty-three percent of the land in Delaware 15 County is in the watershed area, which is the 16 most regulated area and lands in the whole 17 United States. And what we have found in 18 those 53 percent of the land in the watershed 19 area is actually economic strangulation. 20 There is no economic vitality. 21 So now, when we have the activity 22 of gas drilling, we have the protection of 23 property rights, we have an opportunity to 24 bring back economic vitality for upstate, 25 which is dying on the vine. And which all of

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(518) 371-8910 1 my colleagues, when I hear the rhetoric "we 2 are one state, we have to help everybody" -- 3 well, this helps upstate in economic vitality. 4 And the environment has been 5 protected for decades. And now we are trying 6 to give the DEC more power to delve deeper, if 7 necessary. 8 So I cannot understand why we 9 wouldn't get unanimous consent on this 10 legislation. And I want to thank Senator 11 Young and my other colleagues who have 12 expounded on some of the things I've been 13 speaking about. 14 Mr. President, I vote yes. Thank 15 you. 16 ACTING PRESIDENT GRIFFO: Senator 17 Thompson, on the bill. 18 SENATOR THOMPSON: First let me 19 thank my colleagues on both sides of the aisle 20 for their passionate debate on this important 21 issue. 22 I would agree with my colleague 23 Senator Bonacic that we are truly, indeed, one 24 state, that we should not talk about downstate 25 versus upstate or upstate versus downstate.

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(518) 371-8910 1 I appreciate my colleague Senator 2 Young for her leadership on this issue. My 3 concern is twofold -- or threefold. One, that 4 there are groups from across the state that do 5 not support the bill at this moment because 6 they believe that more work needs to be done. 7 A couple of the groups are the Catskill 8 Mountainkeepers, the Natural Resource Defense 9 Council, and, as my colleague indicated 10 earlier, the Sierra Club as well. 11 The reason why I am concerned about 12 this issue is sometimes the government is 13 wrong. We have a place in the city of Niagara 14 Falls they call the Love Canal, which is the 15 poster child for government inaction and 16 government getting it wrong. See, the 17 government said to the residents years ago 18 that everything was okay, that they were 19 crazy. But you know what? A lot of 20 environmental scientists and activist groups 21 on both sides of the aisle of the political 22 spectrum grew out of the government being 23 wrong. 24 We just learned last year, paint 25 that people, the government, that the DEC said

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(518) 371-8910 1 for years was acceptable turned out to be 2 unacceptable. We had to do everything we can 3 to protect people. 4 I will conclude by saying that the 5 reason why people are concerned is that just 6 like last year, we were concerned about 7 protecting the water, so we passed the Great 8 Lakes Compact to protect our precious water 9 supply, and groups on both sides of the aisle 10 agree that we must protect our water. 11 Groups are concerned about the 12 following issues: Protecting people from 13 contamination, making sure that there is 14 consistent standards for quality testing and 15 drilling, making sure that we protect air 16 quality and there's air quality monitoring, 17 that there's more disclosure, that there are 18 noise thresholds, that there's also regional 19 planning. 20 Although we know that upstate is 21 suffering economically, we must always protect 22 those that come after us. There were people 23 years ago who thought it was okay just to open 24 up a factory in a neighborhood, and now we 25 know, 50 years later, that people are

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(518) 371-8910 1 suffering who worked in those plants and the 2 people who lived next to those facilities. 3 So I'm not saying that we should 4 deny people the opportunity to make money. We 5 know that there's a need. I'm just simply 6 saying that we need to -- if and when this 7 bill passes, we must continue to protect the 8 people that come 50, 60, 75 years later who 9 may buy a house, who may purchase that land, 10 and it may not be protected as good as we 11 think it should be in the years to come. 12 So I am in opposition of the bill 13 only because I believe we need additional 14 safeguards and protections for those people 15 who come 50, 60 years later who will not have 16 benefited from the short-term investments from 17 these major utility companies and venture 18 capitalists. 19 Thank you. 20 ACTING PRESIDENT GRIFFO: Is 21 there any other Senator wishing to be heard? 22 Debate is closed. The Secretary 23 will ring the bell. 24 Read the last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT GRIFFO: Senator 6 LaValle. 7 SENATOR LaVALLE: Yes, thank you, 8 Mr. President. 9 I've been listening very, very 10 carefully to the debate, and I'm sitting here 11 saying this is a puzzlement. I'm looking, 12 when this bill came up, at the sponsorship. I 13 see Senator Young carrying a DEC department 14 bill. Senator Young. 15 And I think, Senator Young, you 16 have done a phenomenal job in explaining the 17 necessity for this bill, and to upstate, to 18 achieve some sort of balance. 19 But Senator Marcellino, as chair, I 20 think really touched on something that's 21 critically important. We're talking about a 22 permit process. Has anyone viewed a DEC 23 permit process and how they make the applicant 24 walk on hot coals to get to the end of where 25 they need to get? They are, thankfully, so

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(518) 371-8910 1 scrupulous in what they do and demand of an 2 applicant. And so this provides greater 3 protection for our environment. 4 And so Senator Libous talked about 5 the critical balance that we need in 6 protecting the environment but allowing more 7 economic development. And I pride myself on 8 casting votes, when it deals with the 9 environment, very, very carefully. 10 But it is my pleasure, Senator 11 Young, on this day to support you with a yes 12 vote. I vote in the affirmative. 13 ACTING PRESIDENT GRIFFO: Senator 14 LaValle to be recorded in the affirmative. 15 Senator Volker, to explain his 16 vote. 17 SENATOR VOLKER: Yes, it is kind 18 of rare that Senator LaValle and I agree when 19 it comes to environmental votes. 20 But I just have to say a couple of 21 things. Senator Young is part of the upstate 22 delegation. It's always fascinating to me to 23 get lectured to by people from New York City 24 about clean water and clean air and all those 25 things that we have assiduously protected

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(518) 371-8910 1 throughout our entire careers. 2 I can assure you of one thing. I 3 don't know of anybody in Western New York and 4 really in upstate New York who would take any 5 risk with water. The big thing we have in 6 western New York is water. And a lot of the 7 things I've heard here today about drilling 8 are fascinating. My brother lives in 9 Scranton, Pennsylvania, and has told me about 10 the problems in Pennsylvania. It has nothing 11 to do with drilling in the last 10, 15 years. 12 It's all about years ago. And it's a big 13 problem. 14 We probably have more information 15 on this biomass and all this stuff. The 16 problem is there are many environmentalists 17 who do not want to drill at all. They don't 18 want to do anything because they're 19 frightened. 20 But let me just say one thing to 21 you because your successors and mine are going 22 to suffer immensely because your city has sat 23 there and done nothing about power. 24 The reason that we are the 25 number-two target, in Western New York, after

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(518) 371-8910 1 New York City, is because about 60 percent to 2 70 percent of your power comes through Western 3 New York. You have nowhere near enough power. 4 Once the World Trade Center comes back up, you 5 won't have enough power. I just want to warn 6 you about that, because we provide a lot of 7 things for the city. 8 So when you try to tell us about 9 the environment and all those kinds of things, 10 and about cows -- I don't think there's any 11 cows in New York City. Frank says there's one 12 farm; he's right. 13 I only sum up by saying we, we are 14 going to protect our water at all costs. We 15 don't need environmentalists, frankly, to tell 16 us about water because we'll protect it 17 ourselves. So I vote aye. 18 ACTING PRESIDENT GRIFFO: Senator 19 Volker to be recorded in the affirmative. 20 Senator Sabini, to explain his 21 vote. 22 SENATOR SABINI: Mr. President, 23 as I stated earlier, I'll be voting in the 24 negative, primarily because, as the prior 25 speaker noted, if someone had done something

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(518) 371-8910 1 years ago, there wouldn't be the problem today 2 in Scranton, Pennsylvania. I don't want to be 3 responsible years from now of someone saying 4 we didn't do something about technology we 5 didn't know about years ago. 6 So to protect the future, I think 7 we should have more time and more study on 8 this process. That's why I'm voting in the 9 negative. Thank you. 10 ACTING PRESIDENT GRIFFO: Senator 11 Sabini to be recorded in the negative. 12 Senator Duane, to explain his vote. 13 SENATOR DUANE: Thank you, Mr. 14 President. 15 I just want to say that my people 16 have been in this state longer than many 17 others here: The Duanes of Duanesburg, the 18 Hallinans of Callicoon. We may have lost that 19 mansion in Duanesburg, but our spirit 20 continues. 21 I just want to raise one issue that 22 wasn't raised as I vote no on this, and that 23 is the Millennium Pipeline, those are good 24 union jobs. These drillers come in, they're 25 not union, they come, they drill, they leave,

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(518) 371-8910 1 and what are we left with? We don't know. 2 That's what we're trying to find out. 3 So, Mr. President, I'll be voting 4 in the negative on this. Thank you. 5 ACTING PRESIDENT GRIFFO: Senator 6 Duane to be recorded in the negative. 7 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1887 are 10 Senators Adams, Connor, Duane, Huntley, Klein, 11 L. Krueger, Montgomery, Parker, Perkins, 12 Sabini, Savino, Schneiderman, Serrano, Smith, 13 Stavisky and Thompson. 14 Ayes, 45. Nays, 16. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 The Secretary will read Calendar 18 1845. 19 THE SECRETARY: Calendar Number 20 1845, by Senator Maltese, Senate Print 8457, 21 an act to amend the Elder Law. 22 SENATOR SMITH: Explanation. 23 ACTING PRESIDENT GRIFFO: 24 Explanation, Senator Maltese. Senator 25 Maltese, Senator Smith requests an explanation

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(518) 371-8910 1 of the bill. 2 SENATOR MALTESE: Yes, 3 Mr. President. 4 Just as a brief prelude to the 5 bill, in the '60s there was a realization on 6 the part of many visionaries and people 7 concerned with the increasing number of 8 elderly that were not served by any type of 9 real attention. And this was not just with 10 meals or a place to be, but a fact of life for 11 many seniors whose loneliness, the fact that 12 they felt that a lifetime of work had left 13 them without any real benefits despite living 14 in the greatest country in the world. 15 And certain people in the '60s -- 16 and I do call them visionaries -- like 17 Cavaliere Peter Cardella, from the Ridgewood 18 area, came up basically with the idea of 19 centers that would cater to and benefit 20 seniors, many of whom did not have families 21 or, even if they had families, with the 22 increase in travel and mobility of people, 23 their families were often spread out and far 24 away. 25 And they came up with senior

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(518) 371-8910 1 centers that now we take for granted, senior 2 centers like the ones we have in my district, 3 but that are throughout the entire City of 4 New York. And we now have 329 senior centers 5 in the City of New York. 6 And when I talk of visionaries, I 7 talk of nonpartisan people, people like Peter 8 Cardella but also people like Vito Lopez, who 9 founded these centers that now serve literally 10 thousands and thousands of seniors, that in 11 New York City serve 25,000 seniors every day 12 with home meals. In addition, there are 13 8.1 million meals served daily, with 14 3.7 million meals served with home-delivered 15 meals by DFTA. 16 This bill is an outgrowth and 17 result of a policy change that was sought to 18 be enacted by the City of New York. And that 19 policy change was to try to -- in view of what 20 they state is a diminishing number of seniors, 21 some underutilization of senior centers, and 22 the fact that the meals served had declined in 23 certain centers only. 24 As a result of that, we met with 25 Deputy Mayor Gibbs and we met with

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(518) 371-8910 1 Commissioner Mendez-Santiago to assuage and 2 address the concerns of the seniors. This 3 bill is a reply to the concerns and the 4 worries of the seniors. 5 Picture, if you will, a senior that 6 relies on home-cooked meals delivered hot to 7 their home each and every day, in some cases 8 except for weekends. And they were challenged 9 and advised that instead of a hot meal, they 10 might be receiving some frozen meal that had 11 to be thawed. 12 Now, mind you, a good percentage of 13 these seniors are over 90. Many of them 14 cannot care for themselves, depend on home 15 health attendants and others to either look in 16 on them or to take care of them. The idea of 17 frozen meals was not one that -- it was one 18 that filled them with apprehension. 19 In addition, picture, if you will, 20 these 329 senior centers that many people 21 spend their holidays in, many of them have now 22 opened at Thanksgiving and Christmas and other 23 holidays, both religious and others. The 24 modernization, the word "modernization" 25 worried many of them.

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(518) 371-8910 1 While the motives of the Mayor and 2 the motives of the Department for the Aging 3 was laudatory, at the same time there was not, 4 I believe, enough input from providers, input 5 from community advocates, and certainly not an 6 opportunity for input from the seniors 7 themselves -- 8 ACTING PRESIDENT GRIFFO: Can we 9 have order, please. Thank you. 10 Senator Maltese. 11 SENATOR MALTESE: Oh, okay, I've 12 been advised that I'm possibly a little too 13 long. 14 (Laughter.) 15 SENATOR SMITH: Yes. Explanation 16 satisfactory. 17 On the bill, Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Smith. 20 SENATOR SMITH: Yes, thank you. 21 I want to thank Senator Maltese for 22 bringing forth this particular bill. 23 Obviously there is no resource more precious 24 to us than our seniors. We have a slight 25 difference of opinion with regards to the

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(518) 371-8910 1 approach. And what I would like to do at this 2 time, Mr. President, is just specifically 3 explain my concerns. 4 One of the things that we believe 5 is very important, in particular as it relates 6 to the modernization of the Meals on Wheels 7 program, and concerns that we have, 8 notwithstanding Senator Maltese's bill, which 9 basically codifies what is already being 10 practiced, is that there are a number of 11 centers, smaller centers -- and many of my 12 members will attest to that -- that will 13 basically close, assuming that this 14 modernization moves forward. 15 There's a Bronx program right now, 16 there's a pilot program that we are suspecting 17 we'd rather have Senator Maltese amend his 18 bill to make sure that no action is taken 19 until that program is reviewed or that the 20 findings of that program is reviewed and 21 completed. And we believe once that study was 22 completed and it was examined, that it would 23 be real clear that the modernization program 24 that the city is looking to put forward is not 25 one that would serve our seniors well.

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(518) 371-8910 1 We worked very closely with the 2 Governor's office, we put together a 3 40-question document that went to the City of 4 New York. And I do understand that they may 5 have responded to that with almost the same 6 amount of pages in response. 7 But more importantly, we believe 8 that the amendment that we were going to put 9 forward would have served to better serve our 10 seniors. This is an important program for 11 many of the seniors and, I know, Senator 12 Maltese, whose interest in serving the seniors 13 of the state is not in question. But more 14 importantly, what is in question is the 15 approach. 16 There is no doubt that we 17 understand that these programs, these senior 18 programs which are throughout the state, in 19 particular in New York City, we would serve 20 them well if we would take the time to 21 understand what is happening with the program. 22 We think that had Senator Maltese 23 accepted the amendment, it would not derail 24 his particular bill. We are only trying to 25 improve it. As you know, his particular bill

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(518) 371-8910 1 is a one-house bill. The bill that I have put 2 forward, Mr. President, along with Senator 3 Diaz, has a sponsor in the Assembly by the 4 name of Assemblyman Dinowitz. And assuming 5 that this particular bill, however it was 6 adopted, we would have the Governor sign it, 7 who we know supports it. 8 So I am going to vote for his bill, 9 but I do want Senator Maltese to understand 10 that this was merely a means by which to 11 improve on some good suggestions that he had. 12 And hopefully, if in fact this bill remains a 13 one-house bill, he will join the bill that 14 Senator Diaz and I have. And we will go so 15 far as to let Senator Maltese be on that bill 16 if he chooses to do so, because we believe 17 that would be a better bill for the seniors of 18 this state. 19 Thank you, Mr. President. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Smith. 22 Senator Hassell-Thompson. 23 SENATOR HASSELL-THOMPSON: Thank 24 you, Mr. President. On the bill. 25 During the budgetary process,

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(518) 371-8910 1 Assemblyman Dinowitz, who is one of the 2 Assemblymen that represents a part of my 3 senatorial district, brought this concern to 4 us as we talked about funding of programming 5 particularly for seniors. 6 And my concern was then that I had 7 received complaints from many of my senior 8 centers, number one, that they were being 9 threatened with either closing or being 10 consolidated. But more than that, there was a 11 major concern that the meals that were being 12 served were frozen and that -- number one, the 13 food was awful. 14 Having gotten past the issue of 15 taste and aesthetic choice, there's also a 16 cultural concern that is not being addressed 17 when these meals are being prepared and 18 served. And so that one of the things that 19 the seniors -- I know that we talk about the 20 concerns about diet and how many of the foods 21 that we eat perhaps are not in our best 22 physical interest. But taste is a major 23 factor that determines whether you feel like 24 you want to eat and whatever. 25 The other concern that I have, by

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(518) 371-8910 1 preparing the meals in this manner and 2 delivering them on a weekly basis, one of the 3 major concerns that created the need for Meals 4 on Wheels gets totally lost, and that is the 5 visitation that happens. And it's a way of 6 checking up on seniors without them really 7 being overly conscious that somebody is 8 watching about what happens to them. 9 And it's a way in which the 10 delivery of these meals can allow for a 11 cursory look to see, number one, if in the 12 winter the apartment is properly heated, if 13 those needs of seniors are being met. 14 And so when these programs were 15 designed -- I used to work in community action 16 agencies when a lot of the design for this 17 stuff was being done. It concerns me now that 18 we're talking about the centralization of 19 programs. And while certainly I understand 20 the need to modernize and improve the delivery 21 system, what the Department of Aging for New 22 York City is -- it's failing. It's not a 23 successful proposition for us. 24 And to allow the Mayor to push this 25 through without careful thought and without

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(518) 371-8910 1 some oversight on the part of communities and 2 our seniors would be a disservice that we 3 would perpetrate on them. 4 We come here to represent their 5 interests, and their interest is to have some 6 say about the kinds of meals that are served 7 and the way in which the preparation of things 8 are done. And programmatically, if these 9 programs have been successful, I would think 10 that it would be in the best interests of our 11 community agencies to be beefed up and be 12 given technical assistance if that's what's 13 necessary. 14 But to dismantle programs that have 15 uniquely created an opportunity to ensure that 16 the seniors in our communities are served I 17 think is a disservice to them and to 18 everything that we hold sacred. 19 So I would hope that we would, in 20 this Legislature, look very carefully at the 21 Bronx senior options pilot program that's 22 being proposed, and that an impact statement 23 as regards these reform measures be submitted 24 to this Legislature no later than at least 25 September of 2008.

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(518) 371-8910 1 And I applaud Senator Maltese in 2 terms of the thoughtfulness, but I would hope 3 that he would be cognizant of the fact that 4 the Mayor does not have all the answers. And 5 that until we build in some oversight to 6 ensure that the way in which these programs 7 are going to be structured meets the needs of 8 the community -- not just the desires, but the 9 needs of the community -- I would hope that he 10 would give consideration to the Bronx senior 11 options pilot program that is being discussed. 12 Thank you, Mr. President. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Hassell-Thompson. 15 Senator Golden. 16 SENATOR GOLDEN: Thank you, 17 Mr. President. 18 I applaud my colleague Serph 19 Maltese for his direction in assisting to make 20 sure that the seniors of the City of New York 21 and the State of New York never have 22 diminished services in the future. And that's 23 what this bill will do. 24 And I'm sure that we can work 25 closely with our colleagues across the aisle

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(518) 371-8910 1 and in the other house to achieve the goals we 2 need to make sure that the seniors across our 3 city are not impacted by these cuts. 4 Before working with the SOFA, Mike 5 Burgess, we sat down and we drafted the 6 questions that went into the City of New York 7 and worked with the SOFA to make sure that 8 these questions were answered and that they 9 were part of a draft that went into the City 10 of New York and to ask the City of New York 11 how they were going to respond to these 12 questions. 13 SOFA presently has to see a plan. 14 That plan has to be submitted every year. 15 They didn't wait and do it every year, they 16 did it in the middle of the year. So we put a 17 bill together here that will obligate them to 18 put that before SOFA before they do any 19 changes in the City of New York. 20 That's why this bill is a good 21 bill. It addresses the concerns of the aging 22 plans and makes sure that the plans are 23 adhered to. It also deals with the 24 description and the analysis of the level of 25 detail prescribed by the director showing the

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(518) 371-8910 1 number of seniors who will be affected by each 2 new or changed initiative. 3 It goes after the demographics and 4 the annual and long-term projections of the 5 numbers of seniors proposed to be served by 6 each initiative. It goes after the financial 7 sustainability. And it goes after whether 8 there are any diminishment of services, that 9 that will not negatively -- there will be no 10 diminishment and there will be no negative 11 impact to our seniors. 12 That's why this bill addresses 13 those concerns. Working with my colleagues, 14 we were able to come up with this, I believe, 15 compromise that works for us to make sure that 16 our seniors aren't impacted. 17 The Office of Aging is not required 18 to take consumer-provided information, but we 19 make sure that they have to take that 20 information now, that the stakeholders have to 21 be at the table, that we have to understand 22 what these cuts would do to our seniors across 23 the City and State of New York. 24 So we're proud. There's not one of 25 us in this room that wants to see a senior

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(518) 371-8910 1 citizen get a cold meal that wants a hot meal, 2 a frozen meal over a hot meal. If they want a 3 hot meal they should get that hot meal, and at 4 our senior centers. 5 You've got to remember this, this 6 is 19 -- what is this, 2008. We haven't seen 7 any upgrades in some of our locations since 8 the 1970s and 1980s. The programs that are in 9 place today in the City of New York and in 10 many cities across this state and across this 11 country are still working under the 1960s, 12 '70s and '80s rules and regulations and the 13 way they've been designed in basements of 14 churches, in basements of halls that you can't 15 access if you're handicapped. 16 You need to be able to bring those 17 senior centers into the 21st century. We've 18 got to bring those meals into the 21st 19 century. We've got to give opportunity to our 20 seniors across the City and State of New York. 21 You've got to remember, the baby 22 boomers are here. They're coming. We are 23 impacting this city and this state greatly 24 with the number of seniors that will be here. 25 And we have to be able to take care of the

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(518) 371-8910 1 needs of those seniors when they get here, and 2 we've got to take care of the needs of the 3 seniors of today. 4 So it's time to upgrade. It's time 5 to do the right thing. And it's time to give 6 our seniors their due here in this great 7 state. I give my good colleague again 8 congratulations for coming up with this bill, 9 and hopefully that we have passage of this 10 bill by the Assembly and by our good 11 colleagues here. 12 Thank you. I vote aye. 13 ACTING PRESIDENT GRIFFO: Senator 14 Diaz, why do you rise? 15 SENATOR GOLDEN: Senator Diaz, 16 how are you? 17 ACTING PRESIDENT GRIFFO: Senator 18 Diaz. 19 SENATOR DIAZ: Will the honorable 20 chairman of the Aging Committee yield for a 21 question, please. 22 ACTING PRESIDENT GRIFFO: Senator 23 Golden, will you yield for a question? 24 SENATOR GOLDEN: It's not my 25 bill.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: It's 2 not his bill, Senator Diaz. 3 SENATOR DIAZ: Thank you. 4 ACTING PRESIDENT GRIFFO: Senator 5 Padavan. 6 SENATOR PADAVAN: Mr. President, 7 it's unnecessary for me to repeat, I think, 8 what Senator Golden so appropriately and 9 eloquently stated in support of Senator 10 Maltese's bill, which I think is the right way 11 to go in terms of our responsibility. 12 We have met, as he indicated, with 13 Commissioner Santiago, we've met on more than 14 one occasion with the commissioner and on two 15 occasions with the deputy mayor assigned to 16 this area of city government. And we've made 17 all of the very issues that you've heard 18 here -- clear, concise, to the point. 19 But here's the part that disturbs 20 me. We're dealing with the Administrative 21 Code of the City of New York, a singular city 22 agency, funded in the city budget. The 23 ineptitude of city government, specifically 24 the City Council, to address this issue to the 25 same extent we are, collectively, both sides

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(518) 371-8910 1 of the aisle, is astonishing. 2 It would be like if we had a state 3 agency doing something, a state agency that we 4 regulate, a state agency that we provide for 5 in the state budget, and we bumped it 6 somewhere else. And that's what they've done. 7 They have washed their hands of this issue and 8 sent it to the State Legislature. 9 There's nothing partisan about 10 this, but I think it's certainly real. We 11 should all be going back to our city 12 councilmen and saying: Look, we're doing 13 everything individually and collectively in 14 Albany to address this issue. But how about 15 you doing your job? You're dealing with the 16 city budget. You're dealing with the 17 administrative code. Make sure that nothing 18 adverse and inappropriate happens to our 19 senior programs. 20 And we'll work together. It should 21 not be entirely our responsibility, as it's 22 now turned out to be. Because what they're 23 now saying down there in city government, in 24 that august chamber known as the City Council, 25 "The problem is in Albany. They're going to

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(518) 371-8910 1 solve it." 2 Nonsense. We'll do our part, but 3 they should do theirs as well. 4 I vote aye. 5 ACTING PRESIDENT GRIFFO: Senator 6 Diaz. 7 SENATOR DIAZ: Thank you, 8 Mr. Chairman. On the bill. 9 ACTING PRESIDENT GRIFFO: Senator 10 Diaz, on the bill. 11 SENATOR DIAZ: When we talk about 12 senior citizens, we all try to be the 13 defenders of senior citizens. Senator Maltese 14 has a good bill. I'm not saying this is a bad 15 bill. And I congratulate you. 16 But by preventing Senator Smith 17 from doing or introducing an amendment to 18 fortify, to give more strength to Senator 19 Maltese's bill, I think was wrong. 20 Senator Maltese is a person that 21 has shown his dedication and his love and his 22 commitment to senior citizens. 23 But when Senator Golden says that 24 we are here to defend and to be sure that 25 every senior citizen gets a hot meal if they

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(518) 371-8910 1 want to, and when Senator Golden said that and 2 Senator Padavan also said that we have met 3 with Commissioner Edwin Mendez and he has 4 explained -- and let me tell you what it is 5 Commissioner Edwin Mendez said: Any senior, 6 any senior citizen who wants to have a hot 7 meal, they will get a hot meal. 8 What he's not saying, what he's not 9 saying is that, ladies and gentlemen, when 10 you -- in the Bronx, they took 17 distributors 11 of hot meals and they make it only three. So 12 those three distributors, they got frozen 13 meals in the truck. When they go to the home 14 of a senior citizen and the senior citizen 15 says "I want a hot meal," you know what they 16 do? They come downstairs to the truck, they 17 put the frozen meal in the oven, they warm up 18 the frozen meal, they go back to the senior 19 and say, "Here is a warm meal. Here is a hot 20 meal." 21 Does that make sense, Senator 22 Golden? That's what Edwin Mendez-Santiago is 23 not telling you. 24 And by the way, shame, shame on all 25 of those Bronx City Council delegation that

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(518) 371-8910 1 voted for this. Shame on them. Not one 2 single, not one single City Council member 3 from the Bronx opposed this. They all voted, 4 they all went together with the Mayor: Oh, 5 yeah, Mr. Mayor [salaaming], whatever you 6 want. And they sold out the senior citizens 7 in the Bronx. 8 Now senior citizens in the Bronx, 9 they have to eat, they have to eat frozen 10 meals. And Edwin Mendez said no, if they want 11 a hot meal, they can get a hot meal. I 12 already told you how they get a hot meal: Go 13 down to the truck, put the meal in the oven in 14 the truck, and then they get a hot meal. 15 Now they want to bring that to the 16 whole City of New York. Senator Maltese, they 17 want to bring that to your district. Senator 18 Golden, they want to bring that to the senior 19 citizens in your district. Senator Padavan, 20 they want to bring that to the senior citizens 21 in your district. 22 And to all of you, to all of us in 23 the Bronx -- now, in the Bronx, we already 24 have it. There's nothing we could do. 25 Thanks, thanks to the Bronx City Council

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(518) 371-8910 1 delegation, there's nothing we could do. 2 But you in Manhattan, you got a 3 choice. And you in Brooklyn, you got a 4 choice. In Queens, you got a choice. In 5 Staten Island, you got a choice to protect the 6 and defend senior citizens in your district. 7 Stand up to the Mayor stand up to Edwin 8 Mendez-Santiago and tell him no. 9 Another thing, let me tell you 10 something, we have senior citizens that are 11 stationed in an African-American area. Other 12 seniors are placed in the Puerto Rican or 13 Hispanic area. Or in the Jewish area. Or 14 they're in different communities. The senior 15 citizens that are in the Hispanic district, 16 they like rice and beans. The senior citizens 17 that are in the African-American community, 18 they like other kinds of food. 19 SENATOR STAVISKY: Collard 20 greens. 21 SENATOR DIAZ: There you go. The 22 senior citizens that are in the Jewish 23 community, the Russians, Italians, they're all 24 different. 25 Now, when they consolidate all of

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(518) 371-8910 1 that, when they consolidate all of that and 2 they put all the -- they try to consolidate 3 all of the senior centers in one area, what's 4 going to happen to those seniors that like to 5 eat rice and beans or pasta fagioli? What 6 happens to those seniors in your district like 7 to eat something else? 8 Because by consolidation, what 9 they're doing, what they're trying to do by 10 consolidation is to put all the seniors and 11 bring all the seniors and close the smallest 12 senior centers and make one big senior center. 13 Because that's the 21st century you were 14 talking, Mr. Golden. You say we got to get 15 used to the 20th century. 20th century senior 16 citizens gave too much for us. They worked 17 too hard. They gave their life. They don't 18 deserve what they're trying to do to them now. 19 Frozen meals, frozen meals from a 20 company in Massachusetts. Frozen meals. Tell 21 me, tell me, if you might, who are the 22 companies importing or bringing the frozen 23 meals to the Bronx? That's what they're 24 trying to do to the senior citizens in 25 Brooklyn, in Staten Island, in Manhattan, in

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(518) 371-8910 1 Brooklyn and in Queens. 2 We in the Bronx, we in the Bronx, 3 thanks again to the beautiful Bronx County 4 Council delegation, thanks to all of them and 5 to the chairman and to all of them, thanks to 6 them, our seniors in the Bronx are eating 7 frozen meals. And that is something that I 8 will never forget, I will never forget from my 9 City Council delegation. They did that to the 10 seniors in the Bronx, they did that to the 11 senior citizens in the Bronx. 12 And I want all of you to prevent 13 the other seniors from the City of New York to 14 go through this. It's wrong. It's not good. 15 It's bad. To save a few pennies? To save a 16 few pennies you're going to put the senior 17 citizens through this? I want a hot meal. 18 Okay, let me go down. [Pantomiming.] Here's 19 your hot meal. 20 Are you going to tell us now that 21 we love seniors and we are doing the best for 22 senior citizens? We're killing them. 23 Besides, besides the hot meal every day, the 24 delivery every day to a senior citizen serves 25 many purposes. When the delivery person goes

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(518) 371-8910 1 to the door and knocks on the door, he watches 2 and he will be able to see that the senior 3 citizen is in good condition and nothing 4 happens to them. And at the same time, he 5 will give the senior citizen the hot meal. 6 Senior citizens, if the hot meal 7 comes seven -- seven -- they do twice a week, 8 they bring senior citizens the three packages 9 of frozen meals. The senior citizen has to 10 put that in the freezer, and when the time 11 comes, the senior citizen has to use either a 12 microwave oven or find a way to do it, to have 13 the -- to make the hot meal. 14 Now, suppose -- and you might tell 15 me that that's the senior citizen's problem. 16 But suppose that the senior citizen gets three 17 meals for three days. And in the morning the 18 senior is hungry, eat that one, go and eat and 19 then at night eats another one. What's going 20 to happen through the rest of the day? 21 No, no, no, no, not today. Not 22 today, Mr. Chairman. I love you. Not today. 23 I'm talking about seniors, and that's my 24 thing. And I'm talking on the bill. So not 25 today, I'm not -- you want to go home? Go

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(518) 371-8910 1 home. I'm talking today. I'm not -- I'm 2 not -- I'm not -- I am not shutting my mouth 3 today. 4 What you are doing to the senior 5 citizens is wrong. What the Mayor of the City 6 of New Yorks, the multibillionaire Michael 7 Bloomberg, what he is doing to the senior 8 citizens of the City of New York is wrong. 9 It's abusive. What Commissioner Edwin 10 Mendez-Santiago is doing is abusive to senior 11 citizens. And to allow us to go to support 12 those things here? 13 No, ladies and gentlemen, no, it's 14 wrong. We should protect our senior citizens. 15 We should look out for them. We should not 16 allow this to happen to the senior citizens. 17 Senator Padavan, the senior 18 citizens in your district. Senator Golden, 19 you, sir, you are the chairman of the Aging 20 Committee. Don't allow this to happen. 21 Because the Mayor -- don't allow this to 22 happen. 23 You, Senator Adams, don't allow 24 this to happen to your seniors in Brooklyn. 25 Senator Montgomery, don't allow this to happen

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(518) 371-8910 1 to your seniors in Brooklyn. And you, 2 Senator, don't allow this to happen. 3 In the Bronx, we have to live with 4 that. We from the Bronx, there's nothing we 5 could do. Our seniors are eating hot meals. 6 [Laughing.] Our seniors are eating frozen 7 meals, and when they want a hot meal they go 8 down and warm up -- thanks, thanks again to 9 the Bronx City Council delegation and to the 10 chairman and to all of them that sold out our 11 senior citizens. And now the Bronx is going 12 through this. 13 And I don't want the other 14 communities to go through what our senior 15 citizens in the Bronx are going through. 16 Stop -- stop -- we are -- we are -- we are in 17 a position to stop Mayor Bloomberg and stop 18 the Department for the Aging to keep abusing 19 our senior citizens. I mean, you want to 20 close senior centers because we are in the 21 20th century and we're going to close those 22 small centers and put all of them together? 23 And they have one meal, because 24 when the frozen meal comes, it's only one 25 meal. It's only one meal. It's not different

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(518) 371-8910 1 meals. A frozen meal for the Hispanic, a 2 frozen meal for the Italian, a frozen meal for 3 the Jews, a frozen meal for others. It's one 4 meal for everyone in the community in that 5 area. So whoever doesn't like the frozen 6 meal, too bad for you. You got to eat what 7 you get. 8 That's not the right way to treat 9 our senior citizens. So, ladies and 10 gentlemen, that's why I -- I'm supporting your 11 bill. I am supporting your bill because you 12 are a good man. I love you very much. You 13 are a good man, Senator Maltese. I'm 14 supporting your bill. You are a good man. 15 I'm just talking because I got to 16 talk. I got to -- I got to -- I have to vent. 17 I have to let it go because when I see the 18 senior citizens in the Bronx going through 19 what they are going through, it's made me 20 angry. It's made me upset. And the Mayor of 21 the City of New York should be -- we should 22 stop the Mayor of the City of New York. You 23 know, we have a bill, Senator Smith and 24 myself, we have a bill. And we require -- we 25 require the Commissioner of the Aging is

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(518) 371-8910 1 requiring the commissioner of the city to 2 respond of all the questions that we ask him. 3 So, ladies and gentlemen, Senator 4 Griffo, Mr. President, thank you for this 5 time. You know I love you. I love your 6 parents too, wherever they are. Give them my 7 regards. They are senior citizens too. 8 They're lucky they don't live in the City of 9 New York. They're good people. They love me 10 too. They came here to meet me, and they love 11 me. 12 So ladies and gentlemen, thank you 13 very much. Thank you for listening. Stop 14 Mayor Bloomberg and Commissioner Edwin 15 Mendez-Santiago to do to the senior citizens 16 of Brooklyn, Manhattan, Staten Island, and 17 Queens what they did to the senior citizens in 18 the Bronx. 19 Thank you very much. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Diaz, for sharing and your love. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, on 24 the bill. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Klein, on the bill. 2 SENATOR KLEIN: Thank you, 3 Mr. President. 4 I think what my objection is is 5 that the legislation before us today does not 6 have sufficient oversight. We actually 7 submitted forty separate detailed questions 8 about this plan, and I think before we do 9 anything we certainly need to know the 10 ramifications on senior citizens all over our 11 city. 12 Senator Diaz was correct in citing 13 and talking about the Bronx example. I had 14 the dubious distinction of seeing firsthand 15 how this pilot program affected senior 16 citizens; first, on the Meals on Wheels 17 program. Clearly, speaking to seniors, the 18 quality of the food is not good. 19 But I think just as important is it 20 wasn't only that a senior citizen would get a 21 meal delivered to their doorstep, the most 22 important thing was a person actually making 23 contact with that senior citizen. Making sure 24 that they're okay, making sure that they were 25 properly bathed, making sure they weren't

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(518) 371-8910 1 wearing the same clothes, really checking on 2 their state of mind. 3 That really is what's missing from 4 the program that is up and running now in the 5 Bronx, and certainly our senior citizens are 6 not better for it. 7 The other point, as far as our 8 senior centers, we have to remain 9 ever-vigilant in not changing a system which I 10 believe right now works very, very well. 11 There is not a senior center in my district or 12 any place I have gone in the Bronx that isn't 13 at full capacity. And one of the things that 14 the Reverend, I'm surprised he didn't know 15 about, the day to go to the senior center is 16 the day they serve chicken, because that's 17 when you get the largest crowd. 18 And I think it's important to 19 really understand what a senior center is all 20 about. It's not only about a senior going 21 there to get a hot meal. I think one of the 22 things that we need to remember, it's an 23 opportunity for a senior citizen to reconnect 24 with friends and just be out of their home. 25 You know, through medical research

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(518) 371-8910 1 we've done great things in keeping people 2 alive longer, but one thing we haven't found a 3 cure for is loneliness. And the ability for a 4 senior citizen to reconnect with friends, take 5 part in activities at senior centers is 6 something that's very, very difficult to put a 7 price tag on. 8 So I think my hesitation here is in 9 allowing this administration, the city 10 administration, to sort of reconfigure senior 11 programs again, based on our experience in 12 Bronx County. We had many programs that were 13 providing Meals on Wheels. It's now 14 consolidated to one or two. So we put a lot 15 of not-for-profits that really knew what they 16 were doing in serving their specific 17 neighborhood population out of business. 18 So I think before we allow this 19 administration -- and we have a right to do 20 this, by the way, because the money that's 21 going to be used is state and federal dollars. 22 We have to make sure that we're not putting 23 our senior citizens in jeopardy. And I think 24 all of us in this legislative body understand 25 that it's in our best interest to make sure

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(518) 371-8910 1 that our senior citizens can live out their 2 golden years in comfort and dignity. 3 I vote no on this, Mr. President. 4 ACTING PRESIDENT GRIFFO: Senator 5 Adams. 6 SENATOR ADAMS: Would Senator 7 Diaz stand for a question. 8 ACTING PRESIDENT GRIFFO: Senator 9 Diaz, will you yield for a question? 10 SENATOR DIAZ: Yes, 11 Mr. President. 12 ACTING PRESIDENT GRIFFO: Senator 13 Adams. 14 SENATOR ADAMS: Through you, 15 Mr. President, I didn't quite understand what 16 you were saying. When a senior gets one of 17 these frozen meals and they say, as Senator 18 Golden stated, that they wanted a hot meal, 19 they go downstairs and bring them a hot meal, 20 or do they give them the same frozen meal. 21 SENATOR DIAZ: They will warm up 22 the front meal and they bring it to them, the 23 same frozen meal. 24 SENATOR ADAMS: Would he yield 25 for another question.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Diaz, will you continue to yield? 3 SENATOR DIAZ: Yes, sir. 4 ACTING PRESIDENT GRIFFO: Senator 5 Adams. 6 SENATOR ADAMS: So they will take 7 the same frozen meal that the senior stated 8 they didn't want and they will go down to a 9 truck and put it in a microwave or something 10 and heat it up? 11 SENATOR DIAZ: Yeah, yes, that's 12 what I'm saying. Until -- until Commissioner 13 Edwin Mendez prove me wrong, that's what I'm 14 saying. 15 SENATOR ADAMS: Would he yield to 16 another question. 17 ACTING PRESIDENT GRIFFO: Senator 18 Diaz, do you continue to yield? 19 SENATOR DIAZ: Yes, sir. 20 SENATOR ADAMS: There was 21 something else you stated. You stated that 22 although in our city we have different 23 communities and our seniors, at that point in 24 their life they're used to different tastes 25 and different foods.

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(518) 371-8910 1 So this frozen Swanson dinner sort 2 of format, they're going to address the 3 different taste needs of the various 4 communities we have in our city? 5 ACTING PRESIDENT GRIFFO: Senator 6 Diaz. 7 SENATOR DIAZ: What I'm saying, 8 Senator Adams, is that when they join -- they 9 put all the smaller senior centers together, 10 they bring seniors from all over. If the 11 center -- if the local center is in the black 12 community, maybe that's what they bring, 13 tastes for that area, maybe. But the other 14 seniors that came from other areas to that 15 center, they will have to eat what that center 16 is getting. That's what I'm saying. 17 If they bring the seniors to a 18 Jewish area and that's the center in the area, 19 they will have food geared to that community. 20 But all the seniors that come from the other 21 areas to that center, they're going to have to 22 eat that. 23 SENATOR ADAMS: Thank you. 24 On the bill. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Adams, on the bill. 2 SENATOR ADAMS: My district in 3 Brooklyn, the 20th Senatorial District, is 4 probably one of the most diverse districts in 5 the state. I have a large Hassidic Jewish 6 community, a large Irish community, a large 7 Asian community, Caribbean-American, 8 African-American, with different tastes, 9 different foods. And to have a program that 10 believes a one-size-fits-all I think is the 11 wrong way to go. 12 But I think, even more so, what 13 Senator Klein stated that many of us seem to 14 be overlooking and to be ignoring. I recall 15 how for many years when the postman on my 16 block would stop at some of the seniors' homes 17 and speak with them, they would want to hold 18 them there for a great period of time. 19 Many of our seniors are not as 20 fortunate as our parents are. They don't have 21 visitors. Some of them spend countless number 22 of days without anyone calling them, without 23 anyone knocking at their door. The only sound 24 they hear is coming from a television set. 25 They spend countless number of hours because

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(518) 371-8910 1 their children or their family members are no 2 longer with them. 3 That human contact and human 4 interaction is more than just some ceremonial 5 event that takes place during the 12:00 p.m. 6 hour of the day. It is the only human contact 7 that they ever feel. And I think that when 8 you have administrators that are detached from 9 everyday human beings and make policies that 10 are more geared towards profit interests 11 instead of social interaction, that's the 12 wrong way to go, particularly when you have a 13 billionaire attitude where you don't have to 14 worry about frozen meals, you can buy the 15 company that makes the meals. It's wrong. 16 And no matter what policy seems to 17 come out of City Hall, if you look close 18 enough there's some type of consultant that's 19 attached, there's some type of group that's 20 making millions off the policy. There just 21 seems to be this mad rush to privatize but 22 ignore the concerns of individuals. 23 Serving people, particularly 24 seniors and children, there should never be a 25 profit-gearing motivation behind it. It

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(518) 371-8910 1 should be behind dealing with the sensitivity 2 of those two ends of the spectrum of our 3 society, and that's our seniors. All of us, 4 no matter which town we're from, no matter 5 what ethnicity we're from, no matter what 6 background, there's a common denominator. If 7 we like it or not, we're getting old. 8 And I don't wanting anyone knocking 9 at my door with a frozen modern-day Swanson 10 dinner, popping it into a microwave oven 11 inside his truck, when instead someone should 12 come and have a human interaction with me and 13 my family member. No person sitting inside 14 this chamber would want their parents to have 15 to go through that. And we shouldn't want the 16 seniors of our state to have to endure that. 17 The program is wrong. And the 18 arrogance that we continue to show this 19 chamber. Senator Klein just stated he has 74 20 questions that he asked of City Hall to 21 answer. How many times are we going to allow 22 this administration to state: So what that 23 thousands of people elected you to become 24 state senators, we don't have to listen to 25 you.

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(518) 371-8910 1 I don't believe in that philosophy. 2 If we don't take ourselves serious and demand 3 that our local municipalities answer our 4 questions, then who the heck is going to take 5 us serious? At a minimum, he should have 6 answered the 74 questions. At a minimum, he 7 should learn that he has to come through us to 8 get these policies changed. 9 So I will vote with Senator 10 Maltese's bill, because it does answer some of 11 the questions. But Senator Dilan and Senator 12 Hassell-Thompson and Senator Klein, they raise 13 some important issues that we have a look at, 14 how are we treating our seniors. What are we 15 doing to make sure that they're not kicked to 16 the curb of our society but they're 17 appreciated for allowing us to be the great 18 city and the great state that we belong in. 19 And you don't do that by telling them to pop 20 their meal into an oven. It's the wrong thing 21 to do. 22 And we need to modernize our senior 23 centers. Yes, we say yes to that. But 24 modernization doesn't mean the less treatment 25 in a very humanistic way of how we treat our

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(518) 371-8910 1 seniors. And I think that what we're doing in 2 the aging area is the wrong way to go. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Adams. 5 Senator Stavisky. 6 SENATOR STAVISKY: Thank you, 7 Mr. President. 8 About 20 or 25 years ago, my 9 husband and I founded a senior center in 10 Flushing. And the reason was very simple: we 11 saw people sitting on the benches in the 12 community with no place to go. People would 13 stay in their apartments, staring at four 14 walls. 15 And every study shows that people 16 do better when they're in some kind of 17 socialized setting. It's not the meals, it's 18 the companionship. And that is very, very 19 important. 20 We do a congregate meals program at 21 the center that I'm very closely identified 22 with. In fact, they're kosher meals. There's 23 another center in my district where chicken 24 day is the big day, as Senator Klein said. 25 Chicken day. And they line up outside. And

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(518) 371-8910 1 the story is that if you make it to the second 2 tree outside, you're going to get your 3 chicken. And if not, they will run out of 4 food. Going to run out of chickens, too, I 5 guess. 6 That's why this program is so 7 important and why Commissioner Mendez-Santiago 8 is so wrong. It's not only the frozen meals 9 component, but also the need to submit the RFP 10 so that centers can be consolidated. What 11 does consolidation of centers mean? It means 12 fewer centers. It means older people will not 13 be able to visit a center, because many older 14 people no longer drive. 15 Our mass transit system is such, at 16 least in Queens County, where we have a hub 17 and a spoke concept, so that to go from 18 Whitestone, where I live, to Bayside, you have 19 to go into Flushing, change buses, and go back 20 to Bayside. And seniors are not going to do 21 this. 22 So what happens if we have to 23 issue -- if senior centers have to issue an 24 RFP? Yes, they will save money. But it will 25 come back to haunt us, because seniors will

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(518) 371-8910 1 increase the costs of healthcare, they will 2 increase other costs as well. 3 The purpose is to get seniors out 4 of their homes. And to do otherwise, it seems 5 to me, constitutes a form, an insidious form 6 of elder abuse. 7 I'm going to vote for Senator 8 Maltese's bill because anything that benefits 9 seniors I think benefits us all. But on the 10 other hand, I would hope that we would bring 11 the companion bill to Assemblyman Dinowitz's 12 bill to the Senate floor for a vote. That's 13 the ultimate solution. And hopefully, before 14 the end of session, we will accomplish that. 15 ACTING PRESIDENT GRIFFO: Senator 16 Schneiderman. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Mr. President. On the bill. 19 ACTING PRESIDENT GRIFFO: Senator 20 Schneiderman, on the bill. 21 SENATOR SCHNEIDERMAN: Just 22 having a discussion with Senator Savino about 23 whether this bill does more harm than good. 24 And it's really unfortunate, 25 because I'm sure Senator Maltese's intent was

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(518) 371-8910 1 to do something that actually advances the 2 interests of the seniors in New York who are 3 suffering under, among other things, this 4 poorly conceived and horribly executed plan 5 that the Department for the Aging in the City 6 of New York is undertaking. 7 But listening to this debate, 8 Mr. President, I have to say that I've 9 determined that I have to vote against this 10 bill because of the bad process, the bad 11 substance, the bad policy, and the bad 12 politics that have been on display here today. 13 One of my colleagues on the other 14 side of the aisle said about this bill, which 15 simply provides plan amendments -- 16 essentially, what's already required. The 17 agency has already taken the position that 18 everything in this bill is already required. 19 So in practice, this bill will do nothing. It 20 does codify something. 21 But one of my colleagues on the 22 other side of the aisle had the temerity to 23 stand here and say, "This bill will make sure 24 seniors will not have diminishing services in 25 the future." I wrote it down. "This bill

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(518) 371-8910 1 makes sure seniors will not have diminishing 2 services in the future." That, Mr. President, 3 is at an out-and-out misstatement. 4 And I think it's very important for 5 us to acknowledge what's going on. Those of 6 my colleagues from the Bronx who have spoken 7 up are really bearing witness to the 8 catastrophe that is coming towards all of your 9 seniors if you allow DFTA to proceed to 10 implement the same sort of program as was 11 implemented in the Bronx. 12 Do not tell seniors this bill will 13 prevent them from having diminishing services. 14 Under the DFTA plan, senior centers are 15 closing down, we are losing front-line 16 centers. Seniors are not getting the same 17 service of hot meals. Seniors are losing 18 services. Seniors are suffering. And I don't 19 understand how can you sit here today and say 20 we're doing everything we can do for seniors, 21 this bill will protect them. 22 This bill won't protect them. This 23 bill requires some change in the filing 24 requirements. And in your desperation to 25 avoid confronting the real issue, you have

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(518) 371-8910 1 reached beyond any reasonable limit for 2 technical legal objections to the amendment 3 offered by Senator Smith, of his bill and 4 Senator Diaz's bill, that would actually stop 5 the Department for the Aging from implementing 6 this failed program. 7 The seniors in the Bronx -- and I 8 represent part of the Bronx -- are suffering, 9 ladies and gentlemen. You have to stop this 10 from happening elsewhere. Please, please put 11 your politics aside. Focus on the policy. 12 Allow Senator Smith's bill to the floor. Let 13 us stop the Department for the Aging from 14 harming more seniors, from closing more 15 centers, from having more people receive 16 multiple meals that they have to deal with 17 themselves or cold meals or, if they're really 18 extra-assertive, a reheated meal. 19 This is bad public policy, this is 20 bad politics. On display today has not just 21 been bad substance but bad process. This is a 22 one-house bill that does nothing. And what we 23 are offering you is a two-house bill, 24 sponsored by Assemblyman Dinowitz in the 25 Assembly, that would do something. Even with

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(518) 371-8910 1 this bill, we have more fights ahead of us for 2 seniors. We have to fund the programs. We 3 have to deal with the fact that we have an 4 aging population. And there will be more 5 fights ahead. 6 But Senator Smith and Senator Diaz 7 have offered a two-house bill that would 8 address the problem. You are offering us a 9 one-house bill that would do nothing. 10 I'm voting no, Mr. President. I 11 hope before the session ends we will put a 12 bill on the floor that actually addresses the 13 crisis facing seniors in the City of New York. 14 I vote no. 15 ACTING PRESIDENT GRIFFO: Senator 16 Krueger. 17 SENATOR LIZ KRUEGER: Thank you, 18 Mr. President, on the bill. 19 ACTING PRESIDENT GRIFFO: Senator 20 Krueger, on the bill. 21 SENATOR LIZ KRUEGER: Well, we 22 started off today having a debate about 23 germaneness of whose amendment to what bill. 24 But I have to tell you, I'm just excited we're 25 finally, on the floor of the New York State

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(518) 371-8910 1 Senate, talking about seniors and the problems 2 that they're facing, whether we agree or don't 3 agree on Senator Maltese's bill versus Senator 4 Smith and Senator Diaz's bill. 5 I spent days on the floor of the 6 Senate listening to resolutions involving 7 racehorses and other issues that I don't think 8 of as important as what happens to senior 9 citizens in the State of New York. 10 So the bill here today has mostly 11 been talking about the issue of frozen meals 12 for Meals on Wheels delivery in the City of 13 New York. But I would argue, as someone who 14 represents seniors in my district and who's 15 spent her life working on food and nutrition 16 and hunger issues before I got to the State 17 Senate, that the questions are much larger 18 than we are starting to address today. And 19 the assignment is not done with this bill one 20 way or the other. 21 We are expecting an enormous 22 increase in the number of seniors in this 23 state in the next 20 years, for two reasons. 24 One, the changing demographics of the fact 25 that the baby boomers are all getting older.

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(518) 371-8910 1 And, two, we're living longer. 2 And yet if you ask the question -- 3 I don't care where you come from in the State 4 of New York -- are you ready, do we have the 5 services that will be needed for us, do we 6 have the 21st century technology to provide 7 the best care, the best access to food and 8 nutrition, the best models for socialization 9 in our communities? Whether it's the 10 Adirondacks or the Bronx or Manhattan, I will 11 tell you will the answer is no. We are so far 12 behind where we need to be. 13 And to disagree with one of my 14 colleagues before who said senior centers are 15 about socializing, not even the meals, they 16 are absolutely about both. Poor seniors in my 17 city are dependent on getting those meals at 18 those senior centers. And so it terrifies me 19 that the City of New York is considering, 20 without real evaluation and research, closing 21 some of the centers. Because we know the 22 number of seniors are going up, and we also 23 know in the City of New York, once you lose a 24 piece of not-for-profit real estate, you never 25 get it back. It's gone. You won't be able to

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(518) 371-8910 1 afford to open a new senior center if three 2 years from now you go, Oops, that was a 3 mistake. 4 It's why it's a crisis that the 5 New York City Housing Authority is being 6 pressured and forced by their own economics to 7 talking about closing their senior meal 8 centers in some of the poorest communities of 9 the City of New York. We're not going to 10 replace them. We're not going to get more. 11 So I respect and agree with my 12 colleague Senator Diaz -- and that doesn't 13 happen that often on this floor, as you 14 know -- when he talks about the dangerous of 15 shifting to a frozen meals program and the 16 failures that we've seen happening in the 17 Bronx. But I'll tell you, we should all be 18 worried no matter where we are in the City of 19 New York or in the State of New York. 20 You know, there are studies that 21 have come out -- in fact, in New York City 22 just in the last week the New York City Food 23 Bank, a group I was very proud to found back 24 25 years ago, did their annual study on hunger 25 in the City of New York. The numbers are

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(518) 371-8910 1 terrifying. 2 And one of the fastest growing 3 populations who are turning for emergency food 4 are seniors. They aren't getting the food 5 they need when they go out to senior centers. 6 They don't have the money to purchase the food 7 they need if they go to the supermarket. They 8 are one of the lowest utilizers of the federal 9 Food Stamp program, free money for food for 10 seniors and others through the federal 11 government. 12 Do you know we still make seniors 13 get from fingerprinted in New York City in 14 order to apply for food stamps? That's one of 15 the reasons seniors aren't getting food 16 stamps. That's one of the reasons they are 17 going hungry. 18 We are looking at just the tip of 19 the iceberg when we talk about what the 20 Department for the Aging and the Mayor have 21 proposed compared to what we need to look at, 22 what we need to focus on on the floor of the 23 Senate. We have to talk about the fact that 24 our seniors are being evicted from their homes 25 at higher rates than the rest of New Yorkers.

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(518) 371-8910 1 We have to talk about the fact that the 2 housing court judges in New York have urged us 3 to create a right to counsel and even special 4 Housing Court parts so that somebody is there 5 to protect senior citizens from being evicted 6 and ending up on our streets, in our shelters, 7 in hospitals, unable to be discharged, or in 8 nursing homes because there's nowhere else for 9 them to go. 10 We ought to be talking about the 11 fact that we have healthcare crises where 12 seniors even with Medicare can't afford to pay 13 their rent and their food once their Part B 14 deduction has been taken out, once they have 15 to pay copays for medicine. 16 We have to talk about the 17 priorities we are not making here at the state 18 level or, I would agree with my colleagues, in 19 the City of New York. Why are we fighting 20 over cutting back on home-delivered meals to 21 vulnerable, sick, living-alone seniors in 22 their homes when we're still providing 23 programs like corporate welfare, like the ICIP 24 program -- which, by the way, sunsets when we 25 leave session this year.

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(518) 371-8910 1 And I don't know if that bill is 2 coming to the floor, but I hope my colleagues 3 will consider joining me in not continuing 4 that program. It's $400 million of city taxes 5 not collected because of a program that 6 provides tax reductions for corporations in 7 tall buildings in my district in midtown 8 Manhattan who, trust me, aren't leaving if 9 that tax exemption sunsets on them. 10 But what will that bill do if it 11 sunsets? It will give the City of New York 12 $400 million more every year that we can talk 13 about spending on our senior meals and our 14 seniors, we can talk about spending on our 15 schoolchildren, because we're also dealing 16 with cuts to our schools. 17 So we're not prioritizing right. I 18 don't believe that Senator Maltese's bill goes 19 far enough. I will vote for it, but again, I 20 wanted to stand up and say at least we're 21 spending a little time today talking about 22 seniors, and I want to highlight how rarely we 23 prioritize them. 24 And that should frighten all of us, 25 and we should all go home and feel like we

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(518) 371-8910 1 need to be better accountable to the people in 2 our districts about what we are doing to plan 3 to ensure that no senior in New York State 4 ever thinks they have to go hungry, that no 5 senior in New York State ever imagines they 6 have to decide between paying their rent or 7 paying for their food, that no senior is 8 struck in winter not being able to afford 9 heating oil for their home or to pay their 10 electricity or heating bill if they're in an 11 apartment, that no senior ever has to go to 12 their pharmacist and say "I can't afford the 13 copayment for my prescriptions, so even though 14 my doctor gave me four, I'm only going to use 15 two this month." 16 That is what's going on for seniors 17 in every community in this state, and those 18 are the issues we should be focused on in this 19 chamber much more of the time. 20 I will vote for the bill. But 21 again, my goal here is to say shame on us, we 22 are not even touching the surface, scratching 23 the surface of what we should be addressing. 24 Thank you, Mr. President. 25 ACTING PRESIDENT GRIFFO: Is

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(518) 371-8910 1 there any other Senator wishing to be heard on 2 the bill? 3 Senator Connor. 4 SENATOR CONNOR: Thank you, Mr. 5 President. On the bill. 6 I think Senator Krueger just gave a 7 good picture statewide of how we've been 8 avoiding -- "we" being government at the state 9 and the local level -- been avoiding 10 responsibility to plan for and protect our 11 growing senior population. 12 I want to speak a bit about my 13 district, because as the city talks about 14 closing and consolidating, in my district, 15 statistics are there. Probably certainly half 16 the voting population, I know, are new younger 17 residents, well-off, work on Wall Street, 18 buying condos at great price. 19 But also in my district are 20 seniors, and in some neighborhoods 21 increasingly isolated because of that 22 demographic change, surrounded by much younger 23 people, younger families not related to them. 24 The old neighborhood has changed. And they 25 take refuge at the senior center. That's

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(518) 371-8910 1 where they can meet and congregate and 2 socialize with their friends, and that's where 3 they can get a hot meal at lunch. 4 There are many, many senior centers 5 in my district. In Manhattan, literally you 6 could walk for less than an hour and pass 7 eight or 10 of them. Why? Well, there are 8 several -- three or four, actually -- senior 9 centers just in Chinatown. And the seniors 10 who go there are primarily Asian, 11 Asian-American. And obviously the food that's 12 served there is appealing to their traditional 13 diet. I love it too; I think we all like it. 14 But it's basically Chinese food. 15 To start closing and consolidating 16 with senior centers just a few blocks north, 17 which serve kosher meals to an aging Jewish 18 population. And if you go a little bit west, 19 you find another ethnic group in Manhattan 20 with their senior centers. And a little bit 21 north and east, senior centers, the clientele 22 primarily Latino. 23 So Senator Diaz makes an important 24 point. If we're going to treat these seniors 25 with dignity, we want to give them appealing

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(518) 371-8910 1 meals, not just something to cram down their 2 throats to stay alive. They're entitled to 3 that dignity. 4 And what's going on now is the 5 city, with its plans, with its bureaucratic 6 plans using some sort of corporate model, is 7 ignoring the real human needs of our senior 8 citizens, offending their dignity -- and by 9 the way, I don't mean to suggest these senior 10 centers are segregated, because in all of them 11 you find people of different ethnicities. 12 Usually in the minority there, but they go 13 there because they know someone, they feel 14 comfortable there. They're entitled to that 15 opportunity to choose where they want to go, 16 where they're comfortable, in their senior 17 years. 18 So, Mr. President, I'm saying I'm 19 going to fight for these seniors, we're going 20 to fight against this administration that's 21 ignoring their real needs, that's looking for 22 efficiency-efficiency at the expense of the 23 health, welfare and happiness of our senior 24 citizens. 25 While I'm on the topic,

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(518) 371-8910 1 Mr. President, just in today's newspaper, a 2 story about the New York City Housing 3 Authority, how it's been running deficits. 4 Why? Well, the federal government has walked 5 away from that program and cost, over the last 6 five or six years, tens and tens of millions 7 of dollars to the New York City Housing 8 Authority, which is the best-run housing 9 authority, has been historically, in the 10 nation. 11 The state hasn't exactly done its 12 part, because starting with the Pataki 13 administration, the state stopped paying I 14 think it was $25 million to pay for, as a 15 subsidy to public housing the state built and 16 the state owns, but New York City Housing 17 Authority administers. 18 So what do we see in today's paper, 19 Mr. President? Still running a $191 million 20 deficit for this year, projecting a 21 $207 million deficit for next year. The 22 housing authority is now saying, We're going 23 to close the community centers. 24 Now, what made New York City public 25 housing the best in the nation? The fact that

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(518) 371-8910 1 it did look after the total well-being. It 2 built not just housing to put poor people in 3 or working people in, it built communities. 4 And part of that were these 5 community centers, are these community centers 6 that provide a place for kids to go after 7 school. But, on our topic here, that also in 8 many instances provide senior citizen 9 community centers and meals. 10 And they're talking about closing 11 it, as early as July first. You say, well, a 12 lot of money, though. Where would you get 13 $200 million? Well, the shocking thing, 14 Mr. President, is the City of New York charges 15 the New York City Housing Authority 16 $200 million a year for police services, 17 sanitation services, things that private 18 landlords with similar developments of 19 multiple buildings get for nothing. 20 What landlord is charged money for 21 police services? What residential building is 22 charged for sanitation services? The answer 23 is none. 24 So why is the Bloomberg 25 administration, its housing authority, why is

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(518) 371-8910 1 the Bloomberg administration taking this 2 $200 million and forcing the housing authority 3 to close the community centers where meals are 4 served to seniors, where seniors are given 5 activities, where children are given 6 after-school activities and summer activities, 7 educational experiences, and recreational 8 experiences? While the Bloomberg 9 administration is taking $200 million a year 10 to provide them with police in case there's a 11 crime or to answer their calls for help from 12 the police or to pick up their trash. Which 13 they do for billionaire private owners with 14 similar projects, they do for nothing beyond, 15 obviously, the property taxes. 16 Why? Why? Where are our values? 17 Where are our values when we're ignoring that 18 kind of need in a city that's bursting with 19 younger, wealthier residents, that despite the 20 economic downturn has actually been fat with 21 cash? Why do we need to do this? Why do we 22 treat our seniors that way? Why are we going 23 to close these centers? 24 I say it's got to stop, 25 Mr. President. It's got to stop. I'm going

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(518) 371-8910 1 to vote for this bill, but I want to see teeth 2 in it. I want to see, when these plans are 3 filed, somebody saying: No, you can't do that 4 to our seniors, you can't consolidate these 5 centers, you can't close them, you can't close 6 the centers in public housing, you have to 7 preserve the dignity and the health and the 8 welfare of our senior citizens. 9 Thank you, Mr. President. 10 ACTING PRESIDENT GRIFFO: Is 11 there any other member wishing to be heard? 12 Senator Golden, to close. 13 SENATOR GOLDEN: Thank you, 14 Mr. President, real quickly. 15 I just wanted to clarify for 16 diminishment of services. Well, there won't 17 be any diminishment of services as a result of 18 these new change initiatives, how these 19 changes would be measured and the efforts that 20 will be made to counteract any negative 21 impact, negating any negative impact to the 22 community. 23 I think this bill is important. 24 SOFA is at the table. SOFA can make the final 25 decisions to a plan. And that, I think, is

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(518) 371-8910 1 important. This is a vote for the seniors not 2 just for the City of New York, but this is a 3 vote for the seniors of the State of New York, 4 to make sure that no plans are submitted that 5 would impact our seniors such as hurting and 6 not going forward with new senior centers and 7 addressing the senior centers at those 8 locations and bringing them up to speed. 9 I think it's important that we move 10 to the future and that we get into the 11 21st century and that no senior is left behind 12 and that no senior is given any type of 13 diminishment of services in this great city 14 and state. 15 So again, I voted aye already, I 16 just wanted to clarify. And thank you, 17 Mr. President. 18 ACTING PRESIDENT GRIFFO: Debate 19 is closed. The Secretary will ring the bell. 20 Read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1845 are 3 Senators Klein, Perkins and Schneiderman. 4 Also Senator Serrano. 5 Absent from voting: Senators C. 6 Kruger and Thompson. 7 Ayes, 55. Nays, 4. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 Senator Skelos, that ends the 11 controversial reading of the calendar. 12 SENATOR SKELOS: Thank you, 13 Mr. President. 14 ACTING PRESIDENT GRIFFO: May we 15 have order, please. 16 SENATOR SKELOS: If we could 17 return to motions and resolutions at this 18 time, I believe there's some housekeeping. 19 ACTING PRESIDENT GRIFFO: We'll 20 return to motions and resolutions. 21 Senator Nozzolio. 22 SENATOR NOZZOLIO: Yes, 23 Mr. President. On behalf of Senator Padavan, 24 I wish to call up Print Number 5865, recalled 25 from the Assembly, which is now at the desk.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 520, by Senator Padavan, Senate Print 5865, an 5 act to amend the Vehicle and Traffic Law. 6 ACTING PRESIDENT GRIFFO: Senator 7 Nozzolio. 8 SENATOR NOZZOLIO: Mr. President, 9 I now move to reconsider the vote by which 10 this bill was passed. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 SENATOR NOZZOLIO: Mr. President, 16 I now offer the following amendments. 17 ACTING PRESIDENT GRIFFO: The 18 amendments are accepted. 19 SENATOR NOZZOLIO: Mr. President, 20 on behalf of Senator Volker, I wish to call up 21 Print Number 3175B, recalled from the 22 Assembly, which is now at the desk. 23 ACTING PRESIDENT GRIFFO: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 237, by Senator Volker, Senate Print 3175B, an 2 act to amend the Social Services Law. 3 SENATOR NOZZOLIO: Mr. President, 4 I now move to reconsider the vote by which the 5 bill was passed. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 SENATOR NOZZOLIO: Mr. President, 11 I now offer the following amendments. 12 ACTING PRESIDENT GRIFFO: The 13 amendments are accepted. 14 Senator Farley. 15 SENATOR FARLEY: Thank you, 16 Mr. President. 17 On behalf of myself, I wish to call 18 up my bill, Senate Print 8464, it's recalled 19 from the Assembly, and it's now at the desk. 20 ACTING PRESIDENT GRIFFO: The 21 Secretary will read. 22 Again, I will ask for order in the 23 chamber so that we can allow for an accurate 24 representation of the transcript, please. 25 Thank you.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1848, by Senator Farley, Senate Print 8464, an 4 act in relation to requiring. 5 ACTING PRESIDENT GRIFFO: Senator 6 Farley. 7 SENATOR FARLEY: Mr. President, I 8 now move to reconsider the vote by which this 9 bill was passed, and I ask that the bill be 10 restored to the order of third reading. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 SENATOR FARLEY: Mr. President, I 16 now move to discharge, from the Committee on 17 Rules, Assembly Print 11555 and substitute it 18 for my identical bill. 19 The Senate bill passed unanimously 20 on the first passage, and I now move that the 21 substituted Assembly bill have its third 22 reading at this time. 23 ACTING PRESIDENT GRIFFO: 24 Substitution ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1848, by the Assembly Committee on Rules, 3 Assembly Print Number 11555, an act in 4 relation to requiring the State Comptroller. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 SENATOR FARLEY: Mr. President, 16 on behalf of Senator Golden, I move to amend 17 Senate Bill 7332B by striking out the 18 amendments made on 6/16/08 and restoring it to 19 its previous print number, 7332A. 20 ACTING PRESIDENT GRIFFO: So 21 ordered. 22 SENATOR FARLEY: Mr. President, 23 amendments are offered to the following Third 24 Reading Calendar bills: 25 Senator Seward, on page 51,

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(518) 371-8910 1 Calendar Number 1348, Senate Print 7471; 2 Senator Golden, on page 54, 3 Calendar Number 1419, Senate Print 7229A; 4 On behalf of Senator Seward, on 5 page 57, Calendar Number 1470, Senate Print 6 6749A; 7 On behalf of Senator Flanagan, on 8 page 67, Calendar Number 1866, Senate Print 9 5830A; 10 On behalf of Senator Marcellino, on 11 page 55, Calendar Number 1440, Senate Print 12 6945A; 13 And also, on behalf of Senator 14 Alesi, on page 25, Calendar Number 717, Senate 15 Print 175A. 16 Mr. President, I move that these 17 bills retain their place on the Third Reading 18 Calendar. 19 ACTING PRESIDENT GRIFFO: The 20 amendments are received and adopted, and the 21 bills will retain their place on the Third 22 Reading Calendar. 23 Senator Farley. 24 SENATOR FARLEY: If I may return 25 to the order of resolutions, passed earlier

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(518) 371-8910 1 today was Resolution 6552, recognizing 2 National Friends of the Library Week. 3 Historically, everybody in the 4 chamber has been on that resolution. I'd like 5 to offer it up to everyone. And if you don't 6 care to be a sponsor of it, please report to 7 the desk. 8 ACTING PRESIDENT GRIFFO: On 9 Resolution 6552, Senator Farley has invited 10 all members to be sponsors. If you choose not 11 to be, please notify the desk. 12 Senator Duane. 13 SENATOR DUANE: Thank you, 14 Mr. President. 15 On behalf of Senator Thompson, I 16 wish to call up his bill, Print Number 8101A, 17 recalled from the Assembly, which is now at 18 the desk. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1607, by Senator Thompson, Senate Print 8101A, 23 an act to amend the Parks, Recreation and 24 Historic Preservation Law. 25 SENATOR DUANE: Mr. President, I

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(518) 371-8910 1 now move to reconsider the vote by which this 2 bill was passed. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll on reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 SENATOR DUANE: And now, 8 Mr. President, I offer the following 9 amendments. 10 ACTING PRESIDENT GRIFFO: The 11 amendments are accepted. 12 SENATOR DUANE: Thank you very 13 much. 14 ACTING PRESIDENT GRIFFO: Thank 15 you, Senator Duane. 16 Senator Maziarz. 17 SENATOR MAZIARZ: Senator Griffo, 18 would you please recognize Senator Ruth 19 Hassell-Thompson, please. 20 ACTING PRESIDENT GRIFFO: Senator 21 Hassell-Thompson. 22 SENATOR HASSELL-THOMPSON: Thank 23 you, Senator. Thank you, Mr. President. 24 Had I been in the chamber on 25 Calendar Number 614, Senate Bill 2968A, I

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(518) 371-8910 1 would have voted no. 2 ACTING PRESIDENT GRIFFO: The 3 record shall so reflect. 4 SENATOR HASSELL-THOMPSON: Thank 5 you, Mr. President. 6 ACTING PRESIDENT GRIFFO: Senator 7 Thompson. 8 SENATOR THOMPSON: Thank you, 9 Mr. President. 10 Had I been in the chamber for 11 Calendar Number 1845, Senate Bill 8457, I 12 would have voted yes in the affirmative. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Thompson. The record shall so 15 reflect. 16 Senator Oppenheimer. 17 SENATOR OPPENHEIMER: Mr. 18 President, I unfortunately was out of the 19 chamber on a bill that I would like to be 20 voted no on. That is S6393A, earlier this 21 morning. I was at a press conference. 22 Thank you. 23 ACTING PRESIDENT GRIFFO: Thank 24 you, Senator. The record shall so reflect. 25 Senator Maziarz.

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(518) 371-8910 1 SENATOR MAZIARZ: Senator Griffo, 2 at this time -- or, I'm sorry, Mr. President, 3 at this time could we return to reports of 4 standing committees. 5 I believe there's a report of the 6 Rules Committee at the desk. 7 ACTING PRESIDENT GRIFFO: 8 Returning to the reports of standing 9 committees for the Rules Committee report. 10 The Secretary will read. 11 THE SECRETARY: Senator Bruno, 12 from the Committee on Rules, reports the 13 following bills: 14 Senate Print 4104, by Senator 15 Huntley, an act to amend the Penal Law; 16 4854A, by Senator LaValle, an act 17 to amend the Real Property Tax Law; 18 4922A, by Senator Lanza, an act to 19 amend the Vehicle and Traffic Law; 20 5087, by Senator LaValle, an act to 21 amend the Environmental Conservation Law; 22 5271, by Senator DeFrancisco, an 23 act to amend the Mental Hygiene Law; 24 5675, by Senator Lanza, an act to 25 amend the Penal Law;

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(518) 371-8910 1 6022A, by Senator Padavan, an act 2 to amend the Retirement and Social Security 3 Law; 4 6044A, by Senator Flanagan, an act 5 to amend the Civil Service Law; 6 7161B, by Senator Saland, an act to 7 amend the Public Officers Law; 8 7905A, by Senator Young, an act to 9 amend the Agriculture and Markets Law; 10 7991, by Senator Flanagan, an act 11 to amend the Penal Law; 12 8077, by Senator Morahan, an act to 13 amend the Civil Service Law; 14 8238, by Senator Flanagan, an act 15 to amend Chapter 830 of the Laws of 1986; 16 8287, by Senator Young, an act to 17 amend the State Administrative Procedure Act; 18 8347, by Senator Bonacic, an act to 19 amend the Real Property Law; 20 8386, by Senator Skelos, an act to 21 amend the Public Health Law; 22 8444, by Senator Griffo, an act to 23 amend Chapter 237 of the Laws of 2005; 24 8462, by Senator Skelos, an act to 25 amend the Tax Law;

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(518) 371-8910 1 8473, by Senator Leibell, an act to 2 amend the Patriot Plan; 3 And Senate Print 8484, by Senator 4 Volker, an act to amend the Public Authorities 5 Law. 6 All bills ordered direct to third 7 reading. 8 ACTING PRESIDENT GRIFFO: Senator 9 Maziarz. 10 SENATOR MAZIARZ: Mr. President, 11 at this time we should have a motion to accept 12 the report of the Rules Committee. 13 ACTING PRESIDENT GRIFFO: All in 14 favor of accepting the report of the Rules 15 Committee signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT GRIFFO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT GRIFFO: The 21 Rules Committee report is accepted. 22 SENATOR MAZIARZ: Now we should 23 take up the noncontroversial reading of 24 Supplemental Calendar A. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 Secretary will conduct the noncontroversial 2 reading of Supplemental Calendar 60A. 3 THE SECRETARY: Calendar Number 4 1853, by Senator Huntley, Senate Print 4104, 5 an act to amend the Penal Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first of 10 November. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1893, by Senator LaValle, Senate Print 4854A, 19 an act to amend the Real Property Tax Law and 20 others. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 17. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1894, by Senator Lanza, Senate Print 4922A, an 8 act to amend the Vehicle and Traffic Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 Senator Maziarz. 20 SENATOR MAZIARZ: Can we just 21 laid aside Calendar Number 1895 for the day, 22 please. 23 ACTING PRESIDENT GRIFFO: 24 Calendar Number 1895 is laid aside for the 25 day.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 1896, Senator DeFrancisco 3 moves to discharge, from the Committee on 4 Mental Health and Developmental Disabilities, 5 Assembly Bill Number 8977 and substitute it 6 for the identical Senate Bill Number 5271, 7 Third Reading Calendar 1896. 8 ACTING PRESIDENT GRIFFO: The 9 substitution is so ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1896, by Member of the Assembly Rivera, 13 Assembly Print Number 8977, an act to amend 14 the Mental Hygiene Law. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 180th day. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1897, by Senator Lanza, Senate Print 5675, an 2 act to amend the Penal Law. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1898, by Senator Padavan, Senate Print 6022A, 16 an act to amend the Retirement and Social 17 Security Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1899, by Senator Flanagan, Senate Print 6044A, 5 an act to amend the Civil Service Law. 6 ACTING PRESIDENT GRIFFO: There 7 is a home-rule message at the desk. 8 The Secretary will read the last 9 section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1900, by Senator Saland, Senate Print 7161B, 20 an act to amend the Public Officers Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 cull. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1901, Senator Young moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 10687A and substitute it 10 for the identical Senate Bill Number 7905A, 11 Third Reading Calendar 1901. 12 ACTING PRESIDENT GRIFFO: 13 Substitution so ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1901, by Member of the Assembly Stirpe, 17 Assembly Bill Number 10687A, an act to amend 18 the Agriculture and Markets Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1902, by Senator Flanagan, Senate Print 7991, 6 an act to amend the Penal Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1903, by Senator -- 20 SENATOR MAZIARZ: Please lay the 21 bill aside for the day. 22 ACTING PRESIDENT GRIFFO: The 23 bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 1904, by Senator Flanagan, Senate Print 8238,

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(518) 371-8910 1 an act to amend Chapter 830 of the Laws of 2 1986, authorizing the State University of 3 New York. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1905, by Senator Young, Senate Print 8287, an 16 act to amend the State Administrative 17 Procedure Act. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of 22 December. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1906, by Senator -- 6 SENATOR MAZIARZ: Lay that bill 7 laid aside for the day, please. 8 ACTING PRESIDENT GRIFFO: Lay the 9 bill aside for the day. 10 THE SECRETARY: Calendar Number 11 1907, by -- 12 SENATOR MAZIARZ: Lay it aside 13 for the day, please. 14 ACTING PRESIDENT GRIFFO: Lay the 15 bill aside for the day. 16 THE SECRETARY: In relation to 17 Calendar Number 1908, Senator Griffo moves to 18 discharge, from the Committee on Elections, 19 Assembly Bill Number 10088, and substitute it 20 for the identical Senate Bill Number 8444, 21 Third Reading Calendar 1908. 22 ACTING PRESIDENT GRIFFO: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1908, by Member of the Assembly Carrozza, 2 Assembly Print Number 10088, an act to amend 3 Chapter 237 of the Laws of 2005 amending the 4 Election Law. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1909, by Senator Skelos, Senate Print 8462, an 17 act to amend the Tax Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1910, by Senator Leibell, Senate Print 8473, 5 an act to amend the Patriot Plan. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1911, by Senator Volker, Senate Print 8484, an 18 act to amend the Public Authorities Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 Senator Maziarz, that completes the 5 noncontroversial reading of the supplemental 6 calendar. 7 SENATOR MAZIARZ: Thank you, 8 Mr. President. 9 There will be an immediate meeting 10 of the Rules Committee in the Majority 11 Conference Room, Room 332. 12 ACTING PRESIDENT GRIFFO: There 13 will be an immediate meeting of the Rules 14 Committee in the Majority Conference Room, 15 Room 332. 16 The Senate stands at ease. 17 (Whereupon, the Senate stood at 18 ease at 3:45 p.m.) 19 (Whereupon, the Senate reconvened 20 at 3:58 p.m.) 21 ACTING PRESIDENT GRIFFO: The 22 Senate will come to order. 23 SENATOR SKELOS: Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we could return to the reports of standing 3 committees for the report of the Rules 4 Committee. 5 ACTING PRESIDENT GRIFFO: Reports 6 of standing committees. 7 From the Committee on Rules, the 8 Secretary will read. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, reports the 11 following bills: 12 Senate Print 579, by Senator 13 Larkin, an act to amend the Racing, 14 Pari-Mutuel Wagering and Breeding Law; 15 1282D, by Senator Maltese, an act 16 to amend the Agriculture and Markets Law; 17 3410, by Senator LaValle, an act to 18 amend the Public Service Law; 19 4019A, by Senator Hannon, an act to 20 amend the Public Health Law; 21 5351A, by Senator Trunzo, an act to 22 amend the Public Authorities Law; 23 5366C, by Senator Little, an act to 24 amend the County Law; 25 5552B, by Senator Skelos, an act to

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(518) 371-8910 1 amend the Tax Law; 2 5772, by Senator Padavan, an act to 3 amend the Vehicle and Traffic Law; 4 6479A, by Senator Lanza, an act to 5 amend the Vehicle and Traffic Law; 6 6660A, by Senator DeFrancisco, an 7 act to amend the Public Officers Law; 8 6745, by Senator Lanza, an act to 9 amend the Public Service Law; 10 6873, by Senator Maziarz, an act 11 providing for the creation; 12 6915, by Senator DeFrancisco, an 13 act to amend the Alcoholic Beverage Control 14 Law; 15 7062, by Senator Winner, an act to 16 amend the Executive Law; 17 7154, by Senator Stewart-Cousins, 18 an act authorizing; 19 7217A, by Senator Trunzo, an act 20 authorizing; 21 7332A, by Senator Golden, an act to 22 amend the Retirement and Social Security Law; 23 7434, by Senator Farley, an act to 24 amend the Banking Law; 25 7638A, by Senator Volker, an act to

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(518) 371-8910 1 amend the General Business Law; 2 7645, by Senator Winner, an act to 3 amend the Tax Law; 4 7664B, by Senator Maziarz, an act 5 to amend the Public Service Law; 6 7682, by Senator Young, an act to 7 amend the Highway Law; 8 7829, by Senator Leibell, an act to 9 amend the Tax Law; 10 7850A, by Senator Winner, an act to 11 amend the Executive Law; 12 8000A, by Senator Flanagan, an act 13 to amend the Retirement and Social Security 14 Law; 15 8036, by Senator Fuschillo, an act 16 to amend the Vehicle and Traffic Law; 17 8107B, by Senator Flanagan, an act 18 to authorize; 19 8307A, by Senator Trunzo, an act to 20 amend the Education Law; 21 8317, by Senator Padavan, an act to 22 amend the Private Housing Finance Law; 23 8350, by Senator Flanagan, an act 24 to amend Chapter 581 of the Laws of 2005; 25 8392, by Senator Griffo, an act to

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(518) 371-8910 1 amend the Highway Law; 2 8396, by Senator Farley, an act to 3 authorize; 4 8397, by Senator Lanza, an act to 5 amend the Public Authorities Law; 6 8475, by Senator Morahan, an act to 7 amend the Mental Hygiene Law; 8 8478, by Senator Skelos, an act to 9 amend the Mental Hygiene Law; 10 8485, by Senator Flanagan, an act 11 to amend the Public Authorities Law; 12 8486, by Senator Young, an act in 13 relation to adjusting; 14 8500, by Senator Robach, an act to 15 amend the Correction Law and others; 16 8508, by Senator Montgomery, an act 17 to amend the Correction Law; 18 8517, by Senator Saland, an act to 19 amend the General Business Law; 20 8520, by Senator Volker, an act to 21 amend Chapter 989 of the Laws of 1958; 22 8530, by Senator Skelos, an act to 23 amend the Education Law; 24 8531, by Senator Saland, an act to 25 amend the Education Law;

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(518) 371-8910 1 8553, by Senator Saland, an act to 2 amend the Education Law; 3 And Senate Print 8554, by Senator 4 Saland, an act to amend the Education Law. 5 All bills ordered direct to third 6 reading. 7 ACTING PRESIDENT GRIFFO: Senator 8 Skelos. 9 SENATOR SKELOS: Mr. President, 10 move to accept the report of the Rules 11 Committee. 12 ACTING PRESIDENT GRIFFO: All in 13 favor of accepting the report of the Rules 14 Committee signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT GRIFFO: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT GRIFFO: The 20 report is accepted. 21 Senator Skelos. 22 SENATOR SKELOS: If we could go 23 to motions and resolutions. 24 ACTING PRESIDENT GRIFFO: The 25 Senate will return to the order of motions and

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(518) 371-8910 1 resolutions. 2 Senator Winner. 3 SENATOR WINNER: Thank you, 4 Mr. President. 5 I offer the following amendments to 6 Calendar Number 1907, Senate Print Number 7 8386, and ask that the bill retain its place 8 on the Third Reading Calendar. 9 ACTING PRESIDENT GRIFFO: The 10 amendments are received and adopted, and the 11 bill will retain its place on the Third 12 Reading Calendar. 13 Senator Winner. 14 SENATOR WINNER: Mr. President, I 15 offer the following amendments to Calendar 16 Number 1945, Senate Print Number 8475, and ask 17 that said bill retain its place on the Third 18 Reading Calendar. 19 ACTING PRESIDENT GRIFFO: The 20 amendments are received and adopted, and the 21 bill will retain its place on the Third 22 Reading Calendar. 23 Thank you, Senator Winner. 24 SENATOR WINNER: Thank you, 25 Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Skelos. 3 SENATOR SKELOS: Mr. President, 4 Senator Volker has a resolution at the desk, 5 6613. If we could have it read in its 6 entirety, move for its immediate adoption, and 7 open it up for cosponsorship. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: By Senator 11 Volker, Legislative Resolution Number 6613, 12 mourning the untimely death of journalist Tim 13 Russert, a Buffalo native and renowned host of 14 "Meet the Press." 15 "WHEREAS, It is the sense of this 16 Legislative Body to honor the memory of 17 cherished citizens of the State of New York 18 who distinguished themselves in their 19 profession and whose talent, wit, charm, 20 intellect and unique personality permeated all 21 they did; and 22 "WHEREAS, It is with great sorrow 23 and deep regret that this Legislative Body 24 records the passing of Timothy John Russert, 25 Jr., who died on Friday, June 13, 2008, in

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(518) 371-8910 1 Washington, D.C., at the age of 58; and 2 "WHEREAS, Regarded as one of the 3 best political reporters in America, Tim 4 Russert had a reputation for hard-hitting 5 coverage that cut through the spin and 6 uncovered the truth. He was one of America's 7 most influential journalists working in 8 Washington; and 9 "WHEREAS, As NBC's senior vice 10 president and Washington bureau chief, Tim 11 Russert helped shape the way today's news is 12 reported and analyzed. He was a fixture in 13 American homes on Sunday mornings and 14 especially on election nights; and 15 "WHEREAS, As managing editor and 16 moderator of 'Meet the Press' since 1991, he 17 headed one of the most popular and most 18 often-quoted news programs on the air. A 19 political analyst for 'Today,' anchor of 20 CNBC's 'The Tim Russert Show' and MSNBC 21 contributing anchor, he brought his insight 22 and intelligence to a global audience; and 23 "WHEREAS, Tim Russert's quick wit, 24 warm humor and gregarious nature shed an 25 irreverent light on the Washington scene, even

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(518) 371-8910 1 as he unraveled its most intricate 2 complexities; and 3 "WHEREAS, A true child of Buffalo, 4 New York, Tim Russert was born on May 7, 1950. 5 He graduated from Canisius High School, John 6 Carroll University, and with honors from 7 Cleveland-Marshall College of Law. 8 Furthermore, he was admitted to the bar in 9 both the State of New York and the District of 10 Columbia; and 11 "WHEREAS, Before joining NBC, Tim 12 Russert observed firsthand the inner workings 13 of the executive and legislative branches of 14 government as special counsel to United States 15 Senator Daniel Patrick Moynihan, and counselor 16 to New York State Governor Mario Cuomo; and 17 "WHEREAS, Tim Russert chose to 18 honor his father and write a book about 19 growing up in blue-collar Buffalo in the 1950s 20 and 1960s. Big Russ and Me, released May 10, 21 2004, tells not of Washington insiders, but of 22 his roots and the lessons taught by his father 23 and reinforced by his neighborhood and his 24 Jesuit teachers, who taught him not what to 25 think, but how, lessons he passed on to his

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(518) 371-8910 1 own son, Luke; and 2 "WHEREAS, Tim Russert loved his 3 family, his faith, his country, and politics. 4 In addition to his son, Luke, he is survived 5 by his loving wife, Maureen Orth, his father, 6 Tim Russert, and his three sisters; and 7 "WHEREAS, Every citizen in New York 8 State and the nation has most certainly 9 benefitted, in one way or another, from the 10 intelligence and insight that Tim Russert 11 brought to his audience; and 12 "WHEREAS, Named by Time magazine as 13 one of the top 100 most influential people in 14 the world for 2008, Tim Russert was the 15 recipient of numerous professional awards and 16 honorary college degrees. He also won an Emmy 17 for his role in the coverage of President 18 Ronald Reagan's funeral in 2004; and 19 "WHEREAS, This Legislative Body, 20 representing the people of this great Empire 21 State, remembers and honors Tim Russert's 22 purposeful life and distinguished career and 23 extends its sincere condolences to his family, 24 friends and colleagues; now, therefore, be it 25 "RESOLVED, That this Legislative

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(518) 371-8910 1 Body pause in its deliberations to mourn the 2 untimely death of journalist Tim Russert, a 3 Buffalo native and renowned host of 'Meet the 4 Press'; and be it further 5 "RESOLVED, That copies of this 6 resolution, suitably engrossed, be transmitted 7 to the family of Tim Russert." 8 ACTING PRESIDENT GRIFFO: Senator 9 Bruno. 10 SENATOR BRUNO: Mr. President and 11 colleagues, I just wanted to say a quick word 12 about Tim Russert that we are recognizing and 13 honoring here in this great chamber today. 14 I had the privilege of spending 15 some time with him on a personal level at 16 St. Rose a couple of years ago. I think he 17 was the commencement speaker and I was doing 18 something there. And I sat with him kind of 19 like -- it must have been for a couple of 20 hours before the commencement, after. 21 Do you know what struck me with 22 him? And when you read about him with Senator 23 Moynihan, you read about him working for the 24 Governor Mario Cuomo -- I was impressed that 25 he seemed to only work for Democrats. But

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(518) 371-8910 1 having said that -- that was humorous, Tom. 2 You know, he was so personal and 3 kind of so sharing, as well as pretty direct, 4 that I just thought to myself -- and this is a 5 great man, who mixes with the greatest -- that 6 this is a really caring, great person. And 7 that's an impression that stays with you for a 8 lifetime. 9 So all of us were grieving and are 10 grieving for his family. Because when 11 somebody leaves suddenly, it's pretty 12 traumatic and dramatic for the family. But, 13 you know, he's at peace. He lived his life -- 14 I think 30 years married with his wife -- in a 15 way that really is a role model for all of us. 16 Because he could be very direct, very 17 controversial, just like some of us here in 18 this chamber. But he's a real, you could say 19 in his heart, nice guy. 20 So I just really wanted to share 21 that, to have that personal quality time with 22 somebody as great as Tim Russert. 23 Thank you, Mr. President. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Bruno.

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(518) 371-8910 1 Senator Volker. 2 SENATOR VOLKER: Mr. President, 3 it is interesting that in reading the 4 resolution -- and let me explain to you why 5 the resolution is not a little longer. We 6 called NBC News, and we asked them to send us 7 material, even though of course we knew a 8 great deal about Tim, and they sent us reams 9 of material. 10 And I understand the Assembly, as 11 of this afternoon, had not yet composed of a 12 resolution because I guess they were putting 13 so much into it. But we decided that we would 14 do the resolution today. I believe they're 15 doing an honorarium today in Washington, if 16 I'm not mistaken. I have been told that the 17 actual funeral is going to be a private 18 funeral, fittingly in Buffalo. 19 But when I read the resolution, 20 there's one thing that was not in here. 21 Although, yeah, Tim did work for Governor 22 Cuomo, he came here from South Buffalo to the 23 Assembly. And that's where I first met Tim, 24 because he worked for Vince Graber. Vince a 25 close personal friend. You get close to

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(518) 371-8910 1 somebody when you defeat him one time and lose 2 the next. 3 And Tim and I -- or Tim became a 4 good friend of mine. In fact, I remember him 5 coming to me, this kind of chubby-faced fellow 6 from South Buffalo, who struck me immediately 7 as an affable, very capable person. He was 8 quickly -- he loved Albany, by the way. A 9 little hard to believe, but he did, because he 10 loved the political game. Of course, he loved 11 Washington more. 12 When he was here, he worked for 13 Vince Graber, did legislation and public 14 relations for him. And then of course when 15 Mario Cuomo became Governor, it was quickly 16 that he noticed that this was a person who was 17 headed for, I think, headed for greatness. 18 And he was a Democrat, there's no 19 question. But despite that fact -- and maybe 20 it's partly because my wife was a Democrat -- 21 I understand the feelings of those people, 22 especially those people that come out of what 23 I call mill towns like Buffalo. 24 His father, who he called "Big 25 Russ" in his book, I met him a number of

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(518) 371-8910 1 times; a wonderful person. His wife is a 2 pleasure. And I think a lot of us saw Luke, 3 who is the son who appears to me to be a chip 4 off the old block, on television. 5 It's hard to speak too much about 6 Tim because so much was shown on television 7 during the last weekend. My son Mark was 8 absolutely crushed, because he and his wife 9 Alisa were such huge fans of "Meet the Press." 10 And I always felt -- and I think 11 Buffalonians, when it's a person who seems to 12 represent the values that we believe that we 13 in Buffalo represent, you cling to that. And 14 I don't care what political party he is or 15 what views he carries, Tim Russert was a 16 tough -- he was a tough negotiator, but he was 17 even more so a tough interviewer. 18 I watched some of the interviews -- 19 and by the way, those interviews are with 20 Republicans, Democrats, all sorts of people. 21 He didn't discriminate against anybody. He -- 22 his job was to be a reporter. And an 23 investigative reporter, you could say that, a 24 person to get out what he thought were the 25 facts. And he did.

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(518) 371-8910 1 He came to Albany here a number of 2 times later, and I spoke with him here about 3 his family, about the early days, and his love 4 also, by the way, for Daniel Patrick Moynihan, 5 who was a very interesting fellow. He was, 6 well, a little more liberal than some of us 7 upstate, but if you knew him and dealt with 8 him -- and I dealt with him a lot -- he was a 9 warm man who Tim Russert would gravitate to 10 because that was Tim Russert. He was very 11 much like Daniel Patrick Moynihan. 12 He never, that I ever saw, put on 13 any airs. He could walk into a building and 14 sometimes people at first didn't recognize 15 him, and he was hobnobbing and they suddenly 16 realized they were with a famous person. And 17 he was just the same in the halls of 18 Washington, in the back room here in Albany, 19 and or in a South Buffalo church or, as 20 Senator Bruno said, at St. Rose, where I think 21 he gave the speech at a graduation, I believe, 22 or something. 23 He was a great man. He was 24 Jesuit-taught, like myself, except that he 25 went to John Caroll and of course I went to

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(518) 371-8910 1 Canisius. He had some very close personal 2 friends who taught him; in fact, one 3 particular priest who he called every year on 4 the priest's birthday. And here's a man who 5 was probably one of the busiest men in America 6 and would call one of his teachers, a priest, 7 every year, and take the time to do that. 8 He was a gentleman, he was bright, 9 he was a very major part of the Western 10 New York community. We were always proud of 11 him. He was always proud of the Buffalo 12 Bills, the Sabres, which are intertwined in 13 our community. He was not, by the way, 14 anybody who ever talked negatively about 15 anyone, but particularly he never talked 16 negative about Western New York. 17 Of course, we're offering 18 cosponsorship to everybody in the Senate, and 19 I have a feeling nobody is going to turn it 20 down. 21 But I have to finish by saying I 22 admit that I watched "Meet the Press" with Tim 23 when I didn't watch a lot of other programs -- 24 not because he was a Buffalonian or because he 25 was from New York, but because he was

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(518) 371-8910 1 enjoyable to watch and listen to, and he was a 2 man of character, strength. 3 And I have no doubt that he's 4 already been welcomed into heaven by the great 5 God who put us here and will decide when we 6 leave. 7 Goodbye to Tim Russert, and I wish 8 his family better times in the future. 9 ACTING PRESIDENT GRIFFO: Senator 10 Stachowski. 11 SENATOR STACHOWSKI: Yes, 12 Mr. President, I too would like to rise to say 13 a few words about Tim Russert. 14 I had the good fortune of knowing 15 Tim for a long, long time and found out, as I 16 was a young man in the county legislature, 17 that Tim Russert wanted to become a county 18 legislature. And at that point I found out 19 that his father and my father worked on a 20 garbage truck together. I don't know who was 21 the tosser and who was the catcher -- because 22 in those days they weren't automatic -- but 23 they worked way back. 24 And Tim had to come to my dad's 25 liquor store to ask for his support, because

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(518) 371-8910 1 he had part of that district. And he told 2 him, of course, "I know your dad a long time, 3 garbagemen together." And he said, "I'll tell 4 you what, I'm going to support you. And when 5 the other people turn on you, I'm still going 6 to stay with you." 7 And fortunately for Tim, my father 8 stayed with him, but the other people didn't, 9 and he didn't become a county legislator. So 10 that enabled him to follow the career path 11 that he followed, because maybe if he became a 12 county legislator, everything would have 13 turned out different. So sometimes losing is 14 winning. And in that case, in his life, not 15 becoming that legislator was the best thing 16 that could have happened to him, because 17 shortly thereafter is when he hooked up with 18 Senator Moynihan. 19 And so obviously the Senator 20 Moynihan experiment worked out extremely 21 well -- he was passing out flyers, doing 22 whatever they asked him to do, and Moynihan 23 invited him to join his staff. And Tim 24 obviously did a great job there, so good that 25 he could perfectly mimic the senator and

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(518) 371-8910 1 sometimes would take calls for him and people 2 didn't know they were talking to Tim Russert. 3 And obviously all of you heard this from the 4 TV all this week. 5 Ken Shapiro tells a great story. 6 Just the other day, he told me he remembered a 7 story when he was in the Assembly, you know, 8 running the show on that side, he was the 9 chief of staff for the Speaker, and Tim came 10 up from Mario's office. He had a brown bag in 11 his hand because he had to meet with Ken 12 Shapiro; it was after midnight. 13 And Ken says to him, "What have you 14 got in the bag?" He says, "Well, I brought my 15 own beer, because I know you Jewish guys don't 16 necessarily drink beer." So he's a South 17 Buffalo guy; you know, he wants his six-pack 18 to do business with. 19 But Tim definitely was a South 20 Buffalo guy, he's a Buffalo guy. Anybody that 21 wasn't sure, you just had to watch "Meet the 22 Press" during football season. He always 23 ended up every show with "Go, Bills," no 24 matter how the Bills were doing. He was a 25 true and loyal Bills supporter. He was a

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(518) 371-8910 1 Yankee fan -- he now became a Nationals fan, 2 because they had a team and he had season 3 tickets -- but a Yankee fan is always a Yankee 4 fan. And also a Sabre fan. 5 So Tim was a real Buffalo guy. 6 Never changed, became a major celebrity. 7 Obviously "Meet the Press" alone would have 8 been enough, but being the bureau chief, he 9 was in charge of all the people we see on 10 television and all those various news shows. 11 And if you ran into Tim, you 12 wouldn't know that he ever changed from when 13 you knew him when he was young. He was still 14 the same guy, he met you just as warmly. He 15 never changed. That's the best compliment I 16 think anybody can ever give to anybody, is 17 that the guy never changes. No matter how big 18 he became in his career, he never changed his 19 personality. And to me, that's just a real 20 tribute. 21 Obviously our hearts go out to 22 Maureen and to his son, Luke. And obviously 23 when he wrote his book about his dad, Big 24 Russ, he took a special effort and wrote a 25 chapter to his son about how much he cared

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(518) 371-8910 1 about his son, so his son always knew how much 2 he loved him. 3 And there's a great story that Tim 4 told about a lot of those older WWII guys, 5 they're not big "I love you" guys. My father 6 was very similar. So he used to always leave 7 for college and shake hands or come home for a 8 visit and shake hands. And one time his 9 father grabbed him and said, "I love you." 10 And he said, "What did you say?" 11 It's a great, great story he told. 12 It was after he wrote the book. That's how 13 long it took for his father to give him kind 14 of a hug and -- I mean, he always knew his dad 15 loved him, but the fact is that the words 16 don't always come out of people that were from 17 that period. 18 And I feel really touched for his 19 dad. I'm sure he feels worse than most of 20 us -- not because he lost his son; nobody 21 wants to lose a child. But one of the 22 terrible things is Tim just recently had to 23 put his dad in a home because he was having 24 trouble just functioning on his own, even 25 though his sisters would run over all the

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(518) 371-8910 1 time. And I'm sure that somewhere in his mind 2 he thinks that might have added to Tim's 3 problems, but I don't think it did. 4 Interestingly enough, the true 5 Bills fan came out this spring. The Bills 6 have an offensive lineman named Brad Butler. 7 The guy is 6'6", 300 and some pounds. He got 8 an internship in Washington this year, so one 9 of the things he wanted to do was meet Tim 10 Russert, because he's a University of Virginia 11 grad, followed politics all the time, and 12 thought what a fascinating thing this would 13 be, you know, I'm from the Bills and I meet 14 Russert and he can tell me all the political 15 stories. 16 So he was doing this internship 17 with Jack Kemp -- one of your guys -- and so 18 Jack arranged for him to meet Tim, and they 19 said hello, and Brad is ready to start talking 20 politics -- and all Russert wanted to talk 21 about was the Buffalo Bills, what's going on, 22 how are they going to improve, is everybody 23 healthy. Just that was Tim. 24 There's so much you could say about 25 him. As Senator Volker said, NBC sent reams

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(518) 371-8910 1 of things. If you watched television all 2 weekend, you turned on MSNBC, they just 3 constantly had shows running with different 4 broadcasters talking about their true 5 affection for Tim. And you could tell it was 6 real. 7 The one thing that came out that 8 was, I thought, remarkable is as busy as he 9 was, every time somebody had a baby or the 10 child had a birthday, he would send them a 11 note. And, you know, for a guy like that to 12 take the time to send a note, write it out -- 13 always a handwritten note, not an email, not a 14 text, handwritten note: Congratulations on 15 your child, da-da-da-da-da. 16 And the other thing that came out 17 that I found remarkable is as everybody's 18 children were growing up, he never confused 19 any of the kids' names, knew what school they 20 were going to, and always asked about it. 21 Which to me is fascinating, because I have a 22 hard time of keeping track of whose child is 23 what, how old they are, what school they're 24 in. 25 So to me it's just all

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(518) 371-8910 1 complimentary things about a great 2 Buffalonian, a wonderful human being, a 3 legend, obviously, in all of our times. And 4 the best thing I can say about him is that he 5 never changed. He was always the South 6 Buffalo guy, Tim Russert, big smile on his 7 face -- serious when it was time to be 8 serious, but gregarious when it was time to 9 have a good time. 10 And the best thing I can say about 11 him is Tim Russert was a friend, and we'll all 12 miss him. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Stachowski. 15 Senator Thompson. 16 SENATOR THOMPSON: Thank you, 17 Mr. President. 18 It's with great sadness and sorrow 19 that I stand here today. Tim Russert believed 20 in Buffalo. He was a native son. He was 21 someone who believed in Western New York, also 22 believed in upstate, in addition to New York 23 as a whole. 24 He was a great ambassador. As many 25 of my colleagues have talked about today,

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(518) 371-8910 1 every chance he had to go beyond his 2 unofficial call of duty to promote New York, 3 but also Buffalo, he did that. 4 I think for so many people, many 5 people from working-class roots, he 6 represented the promise, the hope of what hard 7 work and a good education could do for you. 8 And sometimes we -- we never know 9 when our time is going to come, and we never 10 know who we inspire along the way. And I -- 11 it just won't be the same watching that 12 program on Sunday mornings. Because I know 13 when I was in college, I know when I got out 14 of college, I know before I got elected to 15 office, every one of us have that 16 political-critic kind of mindset where we 17 watch the shows and we think about the issues 18 and then we debate them. 19 And I think that Tim always was -- 20 he was good, he was someone that inspired so 21 many people, and he was a fair and balanced 22 journalist. 23 And so today I stand with great 24 humbleness but also with great sadness as 25 well, because this is not only a loss for his

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(518) 371-8910 1 family, not only a loss for Western New York 2 and particularly for Buffalo, but it's a loss 3 for the country. 4 But one of the things I think 5 that's also important to note is that there 6 will be young people who knew he was from 7 Buffalo and from New York who will say that if 8 he could make it, they could make it too. And 9 sometimes in life we forget that story. We 10 forget about those young people who are 11 struggling to make it, who come from very 12 humble beginnings. 13 And I think that many people have 14 been inspired, and many young people who are 15 trying to figure out this guy is from upstate, 16 this guy is from Buffalo, they will look at 17 this situation and say that if he did it, I 18 can too. I can too. 19 And that's what leadership is 20 about. Whether you're in the public sector or 21 the private sector, it's the capacity to 22 motivate people and to inspire people. And I 23 can truly say that I was inspired by him, and 24 I know that so many other people were inspired 25 by him as well. And he will truly, truly be

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(518) 371-8910 1 missed as well. 2 God bless him and his family. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Thompson. 5 Senator Rath. 6 SENATOR RATH: Thank you, 7 Mr. President. 8 So much has been said, and I will 9 repeat a couple of the themes briefly as we 10 say our goodbyes officially to Tim Russert. 11 About a week ago we spoke in this 12 chamber about our colleague Jimmy Griffin. 13 They were from the same place. They were cut 14 from the same cloth. Direct, honest, South 15 Buffalo Irish, and you knew where they were 16 coming from all the time. 17 Tim Russert, his directness became 18 a part of "Meet the Press," and such an 19 endearing part. Of course his lyrical Irish 20 personality and his quickness with words 21 blended with all of his directness. When he 22 would look into the camera, he was talking to 23 each of us. We knew that. When he was 24 interviewing one of the folks across the desk 25 from him, he was right into his eyes, and we

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(518) 371-8910 1 knew that he was expecting the truth and 2 expecting accountability. 3 A couple of anecdotes, one in 4 particular that maybe you didn't hear over the 5 weekend as so much of it was being said. Tim 6 apparently wanted to buy his father a car, a 7 nice automobile. He said: Dad always had a 8 car, but it was never really very much, and I 9 thought, I'm going to get him a really, really 10 nice car. 11 So he said to Big Russ, "Let's go 12 car shopping, and I'm going to get you a Lexus 13 or get you a BMW -- something really nice." 14 And Big Russ said no, he wanted a Crown Vic. 15 And Tim apparently said to his 16 father, "Now, Dad, it's a police car. It's a 17 nice car, but, you know, let me get you 18 something really nice." 19 And Big Russ said to Tim: "Tim, 20 you think I'm going to take one of those 21 foreign cars down to the VFW post on a Friday 22 night to see the guys? How am I going to 23 explain that? My kid makes it big in 24 Washington, and now I'm going to be a big 25 shot."

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(518) 371-8910 1 And Tim Russert looked directly 2 into the camera and said: "There were always 3 more lessons to learn from Big Russ." 4 And I think that struck home with 5 all of us who understood where Big Russ was 6 coming from and where Tim was coming from as 7 his son. 8 And so thank you to Big Russ and to 9 Mrs. Russert, who raised a wonderful family of 10 responsible young people who were part of what 11 the values of Western New York are. I heard 12 it in Senator Thompson and Senator Stachowski 13 and Senator Volker. 14 Our people, we know who we are in 15 Western New York. Our kids go to Denver, they 16 go to Boston, they go to Atlanta. Ten years 17 later, they have children, they come home, 18 they want to raise their children at home 19 because we know what the values are, we know 20 what the value system is, we know what to 21 expect of each other. 22 And Tim Russert was one of those 23 people. He knew what to expect back home, and 24 we knew where he was and who he was and how 25 proud he was of what Buffalo had meant to him.

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(518) 371-8910 1 And how proud we are from Buffalo to have had 2 Tim Russert as one of our favorite sons. 3 And next year -- I would predict 4 next year's future -- the Bills are going to 5 do much better, because they're going to have 6 a cheerleader over on the other side who's got 7 a lot more power in his cheers than we have in 8 ours, and we'll be hearing "Go, Bills" coming 9 from the heavenly halls. 10 Thanks for the life of Tim Russert. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Rath. 13 At this time I'd like to ask all 14 the members in the chamber to please rise in a 15 moment of silent tribute and reflection for 16 the late Timothy J. Russert of Buffalo, 17 New York. 18 (Whereupon, the assemblage rose and 19 respected a moment of silence.) 20 ACTING PRESIDENT GRIFFO: The 21 question is on the resolution. All in favor 22 signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT GRIFFO: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT GRIFFO: The 3 resolution is carried. 4 Everyone is welcome to be a 5 cosponsor. If you are not interested, please 6 notify the desk. 7 Senator Robach. 8 SENATOR ROBACH: Yes, 9 Mr. President. I believe we have some 10 housekeeping at the desk. 11 ACTING PRESIDENT GRIFFO: Senator 12 Farley. 13 SENATOR FARLEY: Thank you, 14 Mr. President. 15 On behalf of Senator Winner, on 16 page 51 I offer the following amendments to 17 Calendar Number 1342, Senate Print 6262A, and 18 I ask that that bill retain its place on the 19 Third Reading Calendar. 20 ACTING PRESIDENT GRIFFO: The 21 amendments are received and adopted, and the 22 bill will retain its place on the Third 23 Reading Calendar. 24 SENATOR FARLEY: On behalf of 25 Senator Winner again, on page 62, I offer the

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(518) 371-8910 1 following amendments to Calendar Number 1802, 2 Senate Print 7490A, and I ask that that bill 3 retain its place on the Third Reading 4 Calendar. 5 ACTING PRESIDENT GRIFFO: The 6 amendments are received and adopted, and the 7 bill will retain its place on the Third 8 Reading Calendar. 9 Senator Robach. 10 SENATOR ROBACH: Yes, 11 Mr. President. Is there any further business 12 at the desk? 13 ACTING PRESIDENT GRIFFO: There 14 is none. 15 SENATOR ROBACH: Then I move we 16 stand adjourned until Wednesday, June 18th, at 17 11:00 a.m. 18 ACTING PRESIDENT GRIFFO: On 19 motion, the Senate stands adjourned until 20 Wednesday, June 18th, at 11:00 a.m. 21 (Whereupon, at 4:33 p.m., the 22 Senate adjourned.) 23 24 25

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(518) 371-8910