Thursday, March 19, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 19, 2009 11 11:27 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 In the absence of clergy, may we all bow our 11 heads for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you. 16 The reading of the Journal. 17 The Secretary will read. 18 THE SECRETARY: In Senate, 19 Wednesday, March 18, the Senate met pursuant 20 to adjournment. The Journal of Tuesday, 21 March 17, was read and approved. On motion, 22 Senate adjourned. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Without objection, the Journal stands approved

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(518) 371-8910 1 as read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. 10 Senator Klein. 11 SENATOR KLEIN: Madam President, 12 I have a motion to amend a bill on the 13 calendar in the third reading. On page 14 number 8 I offer the following amendments to 15 Calendar Number 59, Senate Bill 1547, at the 16 request of Senator Stavisky. 17 ACTING PRESIDENT STEWART-COUSINS: 18 So ordered. 19 Senator Klein. 20 SENATOR KLEIN: Madam President, 21 may we at this time take up Legislative 22 Resolution 884. I ask that the title be read 23 and move for its immediate adoption. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: By Senator 3 Winner, Legislative Resolution Number 884, 4 congratulating Mr. and Mrs. Franklin Westlake 5 upon the occasion of their celebration of 6 their 60th Wedding Anniversary. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The question is on the resolution. All those 9 in favor please signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT STEWART-COUSINS: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 The resolution is adopted. 16 Senator Klein. 17 SENATOR KLEIN: Madam President, 18 are there any substitutions at the desk? 19 ACTING PRESIDENT STEWART-COUSINS: 20 Yes, Senator Klein, there is a substitution. 21 The Secretary will read. 22 THE SECRETARY: On page 11, 23 Senator Breslin moves to discharge, from the 24 Committee on Insurance, Assembly Bill Number

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(518) 371-8910 1 6740 and substitute it for the identical 2 Senate Bill Number 3068, Third Reading 3 Calendar 110. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Substitution ordered. 6 Senator Klein. 7 SENATOR KLEIN: Madam President, 8 at this time can we take up Legislative 9 Resolution 885. I ask that it be read in its 10 entirety and move for its immediate adoption. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The Secretary will read. 13 THE SECRETARY: By Senator 14 DeFrancisco, Legislative Resolution Number 15 885, honoring the Skaneateles High School 16 Orchestra on placing first at the Presidential 17 Inaugural Heritage Music Festival. 18 "WHEREAS, It is the sense of this 19 Legislative Body to recognize those 20 organizations within our midst which have 21 demonstrated consistent excellence while 22 bringing great pride and enjoyment to the 23 citizens of our great state; and 24 "WHEREAS, One such organization is

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(518) 371-8910 1 the Skaneateles High School Orchestra, whose 2 members traveled to the invitation-only 3 Presidential Inaugural Heritage Music Festival 4 in Fairfax, Virginia, with one goal in mind, 5 to represent themselves, their school, and 6 their community by performing with the highest 7 standard of excellence; and 8 "WHEREAS, The members of the 9 Skaneateles High School Orchestra include 10 Marika Klosowski, Sarah Main, Gaelyn Price, 11 Jeff Baldetti, Eric Murray, Olivia Hamlin, 12 Elizabeth Shoenfelt, Joe Duggan, Liam Edwards, 13 Chelsea White, Dan Lemp, Josh Prickel, Jenny 14 Coye, Amanda Dart, Jennifer Richardson, Jared 15 Mulcahy, Ben Weirich, Brigid Judge, Kathleen 16 Bitter, Danielle Mazzeo, Jessica Tidd, AJ 17 Richichi, Trevor Hinman, Diane Temple, Cassie 18 Berg, Xander Edwards, Reid Swartz, Daniel 19 Kringer, and Nick Simmons; and 20 "WHEREAS, It is an honor simply to 21 attend such a prestigious festival, which 22 brings together the most gifted musicians and 23 musical groups to compete and perform. 24 Heritage Festivals was established in 1980 by

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(518) 371-8910 1 a group of music educators and educational 2 tour professionals to do just that; and 3 "WHEREAS, At the Presidential 4 Inaugural Heritage Music Festival, the 5 Skaneateles High School Orchestra performed 6 before a panel of nationally renowned 7 adjudicators and beat out 110 choral and 8 orchestra groups from around the nation to 9 take top honors; and 10 "WHEREAS, The Skaneateles High 11 School Orchestra received the Outstanding 12 Orchestra Award by having the highest overall 13 score in the competition at George Mason 14 University, which was held on Monday, 15 January 19, 2009; and 16 "WHEREAS, In addition, the award 17 comes with a special invitation to perform at 18 a later date in either New York City's Kennedy 19 Center or sites in Chicago or Los Angeles; and 20 "WHEREAS, At the festival, the 29 21 students in the Skaneateles High School 22 Orchestra also received the Adjudicator's 23 Award, a prize given for scoring 92 or higher 24 out of 100 possible points given by the

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(518) 371-8910 1 judges; and 2 "WHEREAS, These honors were 3 especially significant, being that it was the 4 very first time the Skaneateles High School 5 Orchestra had ever competed in the 6 Presidential Inaugural Heritage Music 7 Festival; and 8 "WHEREAS, By virtue of their 9 performance, the Skaneateles High School 10 Orchestra returned to Skaneateles and 11 Skaneateles High School in triumph; and 12 "WHEREAS, The group will fondly 13 remember their trip as the experience of a 14 lifetime. Not only did they place first at 15 the festival, but they also had the 16 opportunity to attend inaugural ceremonies for 17 President Barack Obama in Washington, D.C.; 18 and 19 "WHEREAS, In addition to this fine 20 accomplishment, the Skaneateles High School 21 Orchestra has a distinguished history of 22 achievement, including being selected to 23 perform in Rochester, New York, at the 71st 24 Annual NYSSMA Winter Conference in 2006; and

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(518) 371-8910 1 "WHEREAS, It should be further 2 noted that excellence in orchestra is possible 3 only through vigorous practice and discipline, 4 habits that will guide these young musicians 5 to a lifetime of success in the musical field 6 or whatever career field they may decide upon; 7 and 8 "WHEREAS, The extremely high level 9 of musical talent, spirit and teamwork 10 displayed by the members of the 2008-2009 11 Skaneateles High School Orchestra is due in 12 great part to the enthusiasm and guidance of 13 their dedicated director, Karen Veverka; and 14 "WHEREAS, It is well understood 15 that no orchestra can attain success without a 16 very large supporting cast that receives 17 little recognition, but does enjoy great pride 18 and satisfaction in the successes of its 19 orchestra. This includes parents, siblings, 20 teachers, instrumental instructors, drivers, 21 fundraisers, and other unsung heroes and 22 heroines; now, therefore, be it 23 "RESOLVED, That this Legislative 24 Body pause in its deliberations to take this

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(518) 371-8910 1 opportunity to honor the members of the 2 Skaneateles High School Orchestra, who are 3 credits to their school, role models to their 4 classmates, and exceptionally talented 5 musicians, together with Director Karen 6 Veverka and the orchestra's loyal and generous 7 supporters in the Skaneateles High School 8 Orchestra community; and be it further 9 "RESOLVED, That a copy of this 10 resolution, suitably engrossed, be transmitted 11 to Karen Veverka, director, Skaneateles High 12 School Orchestra." 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator DeFrancisco. 15 SENATOR DeFRANCISCO: Yes, thank 16 you, Madam President. 17 I rise to congratulate the 18 Skaneateles High School Orchestra, who are 19 with us today, another example of exceptional 20 students from Central New York who not only do 21 the right thing but also excel in their area 22 of expertise. We have a great, great music 23 program throughout Onondaga County, and this 24 is the cream of the crop that you see today.

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(518) 371-8910 1 This invitation to the music 2 festival was by invitation only. And not only 3 did they -- and this is the first time they 4 went to this festival, if I'm not mistaken. 5 And out of 110 entrants, they came out to be 6 number one. That's better odds than the NCAA 7 tournament. 8 (Laughter.) 9 SENATOR DeFRANCISCO: But it's 10 really remarkable what they have done. They 11 are excellent musicians and, better yet, they 12 are excellent together making music. 13 And I think Karen Veverka should be 14 congratulated. Without a leader, these things 15 never happen. And we're very proud of her and 16 all the students. And thank you for being 17 here, and keep up the wonderful work. You 18 will be the leaders of tomorrow and hopefully 19 you'll do a heck of a lot better job than we 20 do. 21 Thank you very much. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you, Senator DeFrancisco. 24 Senator Valesky.

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(518) 371-8910 1 SENATOR VALESKY: Thank you, 2 Madam President. 3 I want to join my colleague Senator 4 DeFrancisco in congratulating the Skaneateles 5 High School Orchestra and echo his comments in 6 support and his words of congratulations. 7 Also, I want to single out your 8 parents, because I know that certainly they 9 were the ones who instilled in all of you at a 10 very early age a love for music, and they also 11 have a great responsibility in terms of making 12 sure you're where you need to be for 13 rehearsals and festivals and everything that 14 goes along with the time commitment. 15 So congratulations to all of you, 16 your music teachers, and your parents as well. 17 Thanks. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Thank you, Senator Valesky. 20 Are there any other Senators that 21 wish to be heard on the resolution? 22 Hearing none, the question is on 23 the resolution. All those in favor please 24 signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT STEWART-COUSINS: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 The resolution is adopted. 7 At the request of the sponsor, the 8 resolution is open for multisponsorship by the 9 entire house. Any member wishing not to be a 10 multisponsor of the resolution should so 11 inform the desk. 12 Senator Klein. 13 SENATOR KLEIN: Madam President, 14 may we at this time take up Legislative 15 Resolution Number 892. I ask that the title 16 be read and move for its immediate adoption. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The Secretary will read. 19 THE SECRETARY: By Senator 20 Stachowski, Legislative Resolution Number 892, 21 honoring the memory and celebrating the life 22 of Lucy Tokasz. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Stachowski.

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(518) 371-8910 1 SENATOR STACHOWSKI: Madam 2 President, I just wanted to rise to say a 3 couple of words. 4 Lucy Tokasz was former Majority 5 Leader Paul Tokasz's mom. She got buried this 6 morning. A very wonderful lady, raised a 7 wonderful family, Paul included. His brother 8 is a commissioner in the fire district, his 9 father is a commissioner in the fire district. 10 They're very community-orientated. 11 And I just thought we should take a 12 moment to honor Lucy's life and wish our 13 condolences to Paul and his family. Thank 14 you. 15 Thank you, Madam President. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Thank you, Senator Stachowski. 18 Are there any other Senators that 19 wish to be heard on the resolution? 20 The question is on the resolution. 21 All those in favor please signify by saying 22 aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 The resolution is adopted. 5 At the request of the sponsor, the 6 resolution is open for multisponsorship by the 7 entire house. Again, any member wishing not 8 to be a multisponsor of the resolution should 9 so inform the desk. 10 Senator Klein. 11 SENATOR KLEIN: Madam President, 12 may we at this time take up a reading of 13 Senate Calendar Number 23. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 68, by Member of the Assembly Perry, Assembly 18 Print Number 4341B, an act to amend the 19 Environmental Conservation Law, in relation to 20 permit application. 21 SENATOR LIBOUS: Lay it aside, 22 please. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The bill is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 103, by Senator Addabbo, Senate Print -- 3 SENATOR LIBOUS: Lay it aside, 4 please. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The bill is laid aside. 7 THE SECRETARY: Calendar Number 8 110, substituted earlier by Member of the 9 Assembly Morelle, Assembly Print Number 6740, 10 an act to amend the Insurance Law. 11 SENATOR LIBOUS: Lay it aside, 12 please. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The bill is laid aside. 15 Senator Klein, that completes the 16 noncontroversial reading of the calendar. 17 SENATOR KLEIN: Madam President, 18 may we at this time have a reading of the 19 controversial calendar. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The Secretary will please ring the bell. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 68, by Member of the Assembly Perry, Assembly

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(518) 371-8910 1 Print Number 4341B, an act to amend the 2 Environmental Conservation Law. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Read the last section. 5 SENATOR SALAND: Explanation, 6 please. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Sampson, an explanation has been 9 requested. 10 SENATOR SAMPSON: Thank you, 11 Madam President. 12 Basically, this bill requires that 13 anyone who is operating or attempts to operate 14 a regulated medical waste facility must 15 certify that it is in compliance with local 16 zoning requirements. 17 To go even further, just doing some 18 research, there's approximately about 18,000 19 regulated medical waste generators in New York 20 that dispose of about 200,000 tons of 21 regulated medical waste annually. This is a 22 staggering amount. 23 And we just want to make sure that 24 those who attempt to operate something like

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(518) 371-8910 1 this are just in compliance with local zoning 2 and to certify that they are in compliance 3 with local zoning requirements. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Thank you, Senator Sampson. 6 Senator Saland. 7 SENATOR SALAND: Would Senator 8 Sampson yield to a question? 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Sampson, do you yield for a question? 11 SENATOR SAMPSON: Definitely. 12 Through you, Madam President, I yield. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Sampson yields. 15 SENATOR SALAND: Thank you, 16 Senator Sampson. 17 Senator Sampson, I looked at your 18 bill and I've looked at the relevant section 19 which the bill amends. And I'm a little 20 confused, and I would hope that you might be 21 able to give me a hand here. This is not an 22 area that I have any enormous amount of 23 expertise. 24 I would first start off by asking,

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(518) 371-8910 1 does this apply to hospitals? 2 SENATOR SAMPSON: Through you, 3 Madam President, it would apply to those 4 hospitals if they have a regulated medical 5 waste facility. And if it existed prior to 6 this legislation, it would just be 7 grandfathered in. 8 SENATOR SALAND: Through you, 9 Madam President. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Do you continue to yield, Senator Sampson? 12 SENATOR SAMPSON: Oh, yes, I do. 13 SENATOR SALAND: Thank you, 14 Senator. 15 Let me see if I understand you 16 correctly. You're saying that (A) it applies 17 to hospitals; (B) if the hospital has a permit 18 for the treatment and storage and disposal of 19 regulated medical waste currently, it is 20 grandfathered? 21 SENATOR SAMPSON: Through you, 22 Madam President, it would apply to a hospital 23 that's applying for a permit going forward. 24 SENATOR SALAND: If you'd

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(518) 371-8910 1 continue to yield. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator, do you continue to yield? 4 SENATOR SAMPSON: Yes, Madam 5 President. 6 SENATOR SALAND: What is the 7 length of the duration of these permits? 8 SENATOR SAMPSON: Through you, 9 Madam President, it depends upon what DEC 10 requires. You might have to apply for a 11 permit maybe every three or four years -- 12 excuse me, two years. Excuse me. Your answer 13 is two years, Senator. 14 SENATOR SALAND: If the Senator 15 would continue to yield. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Do you continue to yield, Senator Sampson? 18 SENATOR SAMPSON: Of course, yes, 19 I do. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The Senator continues to yield. 22 SENATOR SALAND: I'll start off 23 by saying that I don't see grandfathering 24 language in the 12 lines that constitute this

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(518) 371-8910 1 bill, but I'd welcome that language being 2 there. 3 But my question would be what 4 happens to an existing hospital at the end of 5 that two years? They now have to apply for 6 another permit and are subject to the 7 provisions of this bill? 8 SENATOR SAMPSON: What happens to 9 that existing hospital, basically, since the 10 facility already existed when they had it -- 11 excuse me, through you, Madam President -- 12 that facility would just make the necessary 13 notations to DEC, but they would be 14 grandfathered in. They would not have to go 15 through an additional step. 16 So if they choose to go through an 17 additional step, they would have then have to 18 go through the community board to get a 19 variance. And at that point in time they 20 would explain that this already existed prior 21 to this piece of legislation, so therefore a 22 variance would be granted and it wouldn't be 23 denied, so they can go forth with their 24 renewed application.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Saland, would you like Senator Sampson 3 to continue to yield? 4 SENATOR SALAND: Yes, if Senator 5 Sampson would continue to yield. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Sampson, do you continue to yield? 8 SENATOR SAMPSON: Yes, I do. 9 SENATOR SALAND: Senator, I do 10 not doubt for one minute what you're telling 11 me is your intent, and I am comforted by that. 12 But I don't see it in the bill. 13 And I would ask that you consider 14 taking what you discussed, grandfathering 15 hospitals -- I don't know who else gets these 16 permits; as I said, I profess no expertise -- 17 grandfathering hospitals and verifying that so 18 long as a hospital has such a permit, doesn't 19 expand its use within the two years that 20 constitutes the permit period, that they will 21 continue to be grandfathered. 22 SENATOR SAMPSON: Through you, 23 Madam President, to answer that question, 24 Senator Saland, the hospitals are zoned as

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(518) 371-8910 1 hospitals -- 2 SENATOR SALAND: I'm sorry, it's 3 probably my hearing, not Senator Sampson, but 4 if you -- 5 SENATOR SAMPSON: Through you, 6 Madam President, the hospitals are zoned as 7 hospitals. They're not zoned as regulated 8 medical waste facilities. That's not their 9 primary function. 10 So as a result of that, they 11 wouldn't have any problem coming into 12 compliance or even being granted a variance, 13 because their primary issue is they are a 14 hospital, they're not zoned as regulated 15 medical waste facilities. Excuse me, they're 16 not classed as regulated medical waste 17 facilities. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Have you completed your questioning, Senator 20 Saland? 21 SENATOR SALAND: No. If you'll 22 just bear with me a second, Madam President. 23 Senator Sampson, I'll apologize to 24 you again for my lack of expertise in this

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(518) 371-8910 1 area, but I do have several hospitals in my 2 district, and it is cause for concern. 3 My sense here, in looking at the 4 section that you're amending, is that 5 hospitals certainly are engaged in the 6 treatment, storage, or disposal of regulated 7 medical waste. And while there seems to be 8 some distinction in the law as to how they 9 shall be treated, I'm not exactly sure that 10 your section that you're proposing as an 11 amendment recognizes that distinction. And 12 I'm discomforted at the prospect of this 13 having an unintended consequence with respect 14 to hospitals that are currently engaged in 15 this kind of practice. 16 I'd be far more comforted and would 17 hope that you would consider clarifying what 18 we have just discussed here on the floor, that 19 a hospital currently engaged in the storage of 20 these types of medical wastes is grandfathered 21 if it currently is permitted to do so, and at 22 the expiration of that two-year period will 23 continue to be grandfathered so long as they 24 do not expand their operation with respect to

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(518) 371-8910 1 the storage of medical wastes. 2 SENATOR SAMPSON: Through you, 3 Madam President. Senator Saland, they are 4 grandfathered in under this piece of 5 legislation. 6 SENATOR SALAND: Thank you. 7 Thank you, Senator Sampson. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Thank you, Senator Sampson. 10 SENATOR SALAND: Madam President, 11 on the bill. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Saland, on the bill. 14 SENATOR SALAND: I'm truly 15 reluctant to take issue with Senator Sampson, 16 for whom I have professed before high regard. 17 I just don't see that in these 12 lines in 18 this bill. And while that may be his intent, 19 and I commend him for that intent, I'm 20 discomfited by voting for a bill that does not 21 either in the bill text or in the bill memo 22 make reference to the fact that these 23 hospitals are grandfathered in. 24 And I would hope that -- this bill

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(518) 371-8910 1 is going to pass the house -- that we will 2 come back and revisit and make it perfectly 3 clear that hospitals, as discussed in our 4 exchange, are not subject to these provisions. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Thank you, Senator. 7 Senator Flanagan. 8 SENATOR FLANAGAN: Madam 9 President, would Senator Sampson yield? 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Sampson, do you yield? 12 SENATOR SAMPSON: Yes, I do. 13 SENATOR FLANAGAN: Madam 14 President, through you. Senator Sampson, I 15 was looking at not only the bill but the memo, 16 and I just wanted to clarify a couple of 17 things in particular. 18 My first question is your memo 19 references city zoning laws on at least three 20 occasions that I can see, and you've 21 referenced in some of your comments the 22 concept of a community board. But as I read 23 this bill, this clearly has statewide 24 application.

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(518) 371-8910 1 SENATOR SAMPSON: Through you, 2 Madam President. Yes, it does, Senator. 3 SENATOR FLANAGAN: Okay. Would 4 Senator Sampson continue to yield? 5 ACTING PRESIDENT STEWART-COUSINS: 6 Do you continue to yield? 7 SENATOR SAMPSON: Yes, I do. 8 SENATOR FLANAGAN: In looking at 9 the 12 lines of the bill and then in looking 10 at the memo, the reference is to "medical 11 waste transfer stations." Is that -- I'm just 12 trying to get my arms around that what means. 13 For example, I'm thinking if you go 14 to a doctor's office, they have some type of 15 medical waste; every office you go into, 16 they're responsible for proper disposal of 17 hazardous materials. Do they fall within the 18 jurisdiction of these type of permits? 19 Because you referenced that there 20 are over 18,000 permits in the State of 21 New York. Is it just hospitals, or is it 22 something as small as a medical office? 23 SENATOR SAMPSON: Well, through 24 you, Madam President, when we talk about

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(518) 371-8910 1 regulated medical waste, it would consist of 2 animal waste, human pathological waste, human 3 blood, blood products, needles and syringes, 4 cultures, stocks, microbiological materials 5 generated in research and healthcare. 6 SENATOR FLANAGAN: Madam 7 President, through you, would Senator Sampson 8 continue to yield? 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Sampson, do you continue to yield? 11 SENATOR SAMPSON: Yes, I do. 12 SENATOR FLANAGAN: I appreciate 13 the definition of the medical waste. But 14 respectfully, it doesn't answer my question. 15 What I'm trying to get to is how 16 broad is this. Because in your opening 17 remarks you referenced the fact, again, that 18 there are over 18,000 permits. And I'll give 19 you an example of what I'm thinking of. 20 I'm in a building right in the Town 21 of Smithtown. It is an office building, it's 22 a two-story office building with a number of 23 medical offices right within that building. 24 Now, I've been to several of them myself. And

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(518) 371-8910 1 I know in the definition of what you described 2 as medical waste, they would fall into that 3 category. 4 So what I'm trying to ascertain -- 5 and I think this follows up somewhat on what 6 Senator Saland was talking about -- how does 7 this actually apply in practice? Is that 8 doctor's office now going to have to certify 9 that they are in compliance with local zoning 10 when in fact they're no more than a tenant in 11 that building? 12 SENATOR SAMPSON: Through you, 13 Madam President. Basically, it would not 14 apply to them, because basically it would 15 apply to those individuals who they would 16 contract with to secure their medical waste 17 and take it to the medical waste transfer 18 stations to dispose of. Which happens in most 19 doctor's offices. 20 SENATOR FLANAGAN: Madam 21 President, would Senator Sampson continue to 22 yield? 23 ACTING PRESIDENT STEWART-COUSINS: 24 Do you continue to yield, Senator Sampson?

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(518) 371-8910 1 SENATOR SAMPSON: Yes, I do. 2 SENATOR FLANAGAN: I take what 3 you're saying, and I'll comment on that when I 4 speak on bill. 5 But you also referenced the concept 6 of grandfathering, and you at that point 7 particularly spoke to a community board and 8 that a variance would be granted based on the 9 fact that this is an existing facility. And I 10 would like to know what authority you're 11 citing in making that representation, and I'll 12 explain why I'm asking in particular. 13 This is an area where I actually do 14 some work outside the Legislature, in zoning 15 and planning work as an attorney. And the way 16 you're setting it out for all of us to review 17 is in essence to say that simply by virtue of 18 the fact that they were an existing facility, 19 they would automatically be granted that 20 extension going forward or that permission 21 going forward. 22 And I can just tell you that in 23 practice, municipalities jealously guard their 24 local zoning and planning authority. And

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(518) 371-8910 1 simply because somebody happens to exist 2 doesn't mean for one second that any local 3 board is just going to as a matter of fact go 4 along and say: Absolutely, you get a 5 variance. They are a quasi-governmental 6 entity that has authority that grants them 7 discretion that you can't affect and that I 8 can't affect. 9 And what I'm concerned about is, 10 what are you citing as authority for the basic 11 idea that simply as someone moves along, that 12 they're now going to be granted permission? 13 SENATOR SAMPSON: Through you, 14 Madam President. To respond to that question, 15 I'm just going to tell what my understanding 16 is with respect to the practice in my district 17 with respect to if there is an individual who 18 has a facility, already existing facility, and 19 this law is passed, they would come before the 20 community board and they would describe to 21 them that this facility has already existed 22 prior to the passage of this legislation. And 23 they would seek a variance. 24 At that point in time, we would

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(518) 371-8910 1 convey to whatever issues that they have, and 2 at that point in time the board would vote on 3 it. But furthermore, if the board was in 4 disagreement, then it would go to the borough 5 president's office or the local municipality 6 to agree on that. 7 But usually, from my experience, is 8 that once the use has already existed prior to 9 that legislation, usually there is no problem 10 allowing that individual, granting them a 11 variance so that they can continue to operate. 12 SENATOR FLANAGAN: Madam 13 President, on the bill. 14 Thank you, Senator Sampson. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Flanagan, on the bill. 17 SENATOR FLANAGAN: Following up 18 on two of the questions that I asked, Senator 19 Sampson is obviously a very serious 20 legislator. I take at face value all the 21 things that he's representing. But I feel 22 like this bill is a step in the right 23 direction, but not there. 24 It appears to me that this bill is

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(518) 371-8910 1 an outgrowth of an issue that has probably 2 arisen in the City of New York. But as you 3 explained to me relative to the grandfathering 4 and going forward, you were representing the 5 community board, you were referencing the 6 borough president. And yet we have thousands 7 of towns and villages throughout this state 8 that will now be subject to this type of 9 legislation. 10 Take that in conjunction with what 11 Senator Sampson just said about how the person 12 who is actually contracting with the doctor's 13 office would be the one responsible. It seems 14 to me that we're going down a path that would 15 almost be impossible to, no pun intended, to 16 regulate. 17 The point being that the person who 18 is actually picking up the medical waste, if I 19 follow what he's representing, is now the one 20 that has to make the certification and say 21 that not only the building but the doctor's 22 office is now in compliance with state law. 23 Well-intentioned, but I think there 24 needs to be some amendments to this if it's

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(518) 371-8910 1 actually going to be properly effective and 2 implemented. 3 Thank you, Madam President. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Marcellino. 6 SENATOR MARCELLINO: Thank you, 7 Madam President. On the bill. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Marcellino, on the bill. 10 SENATOR MARCELLINO: In citing 11 what my two colleagues have just pointed 12 out -- and I am not an attorney, but I worked 13 and served in local government for a number of 14 years. It is extremely tough to site a 15 medical waste transfer facilitate in any 16 community. These are -- most people around 17 it, the so-called NIMBY impact, will not want 18 it in their backyard, will give it a hard 19 time. 20 What you're saying here is that if 21 a facility gets the permit, gets the zoning, 22 exists for a period of time, their permit now 23 comes up for renewal. In the interim of that 24 period of time, the local zoning board has

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(518) 371-8910 1 decided to change the zone and now makes it 2 illegal to site such a facility in that zone. 3 Senator Sampson says they would be 4 grandfathered. However, this bill says that 5 the applicant has to notify the DEC, the 6 issuing agency for the permit, that they are 7 in compliance with local zoning. They will no 8 longer be in compliance with local zoning. 9 They will be a nonconforming use, perhaps, but 10 they'll no longer be in compliance with local 11 zoning. 12 The DEC, then, by my limited legal 13 experience, would then say: You're not in 14 compliance, we can't issue you the permit. 15 Even though you existed before, we can't, 16 because you're no longer in compliance. 17 I think we have a problem here that 18 has to be clarified. There is no statement 19 that I've been able to find, that I've asked 20 my counsel and I've asked Senate Research and 21 so forth to go in and find out for me, is 22 there anything in law that requires that the 23 grandfathering of an existing facility? There 24 is nothing that requires that anything be

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(518) 371-8910 1 grandfathered in law. 2 So while it may happen, and most 3 municipalities, I would agree with Senator 4 Sampson, do it as a matter of just fairness or 5 common sense, there's no requirement for them 6 to do it. And I think that's a problem. That 7 is a problem now for the DEC, because they've 8 got to issue a permit which, according to this 9 new law, would not be legal. 10 So I think what Senator Flanagan 11 and what Senator Saland have suggested to 12 Senator Sampson is that this bill needs to be 13 cleaned up a bit. And I understand what he 14 wants to do, and I understand his concern, and 15 I have no problem with that. But I think we 16 need to fix the laws to make it less ambiguous 17 and less of a problem for the issuing 18 agencies, because I can see lawsuits all over 19 the place here. 20 Having served in the town clerk's 21 office in the Town of Oyster Bay for a number 22 of years, I've been served with these papers 23 when the zoning situation was in challenge. 24 And I can see a local community saying, "Hey,

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(518) 371-8910 1 wait a minute," you know, hiring an attorney 2 and saying, "Well, we don't want this here 3 anymore, get it out of my neighborhood. It's 4 no longer in compliance with the zoning law, 5 and you don't have a right, DEC and the State 6 of New York, to issue this permit, we're 7 challenging this thing." 8 And meanwhile, a very necessary 9 service and a very necessary function, the 10 handling of medical red bag waste, has to be 11 dealt with. This is important. Otherwise, we 12 end up with needles on beaches and so forth 13 floating around, and we don't want that. And 14 all kinds of problems that could occur. This 15 could cause all kinds of health concerns, let 16 alone environmental concerns. 17 So, you know, Senator Sampson, 18 again, the bill will probably pass, I don't 19 doubt that. But I would suggest that there 20 has to be some amendments to this particular 21 piece of legislation just to clarify it. And 22 if you want to put in statute that 23 grandfathering is required, let's do that. 24 Let's do that once and for all so we don't

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(518) 371-8910 1 have this problem ever again. 2 Thank you, Madam President. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Golden. 5 SENATOR GOLDEN: Thank you, Madam 6 President. 7 I only have one question for the 8 sponsor, if he would yield for a question. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Sampson, do you yield? 11 SENATOR SAMPSON: Yes, I do. 12 SENATOR GOLDEN: Senator, I'm at 13 a loss for the 18,000 permits. Could somebody 14 explain to me where the 18,000 permits are? 15 If this is not the doctor's office, they're 16 grandfathered. If it's not for the hospitals, 17 they're grandfathered. There's not 18,000 18 transfer stations. I'm at a loss of where 19 these permits and who these permits would be 20 for. 21 SENATOR SAMPSON: Through you, 22 Madam President. Senator Golden, I don't have 23 the list of where these 18,000 permits are. 24 But from my understanding with consulting with

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(518) 371-8910 1 DEC, this is the information that has been 2 provided to me with respect to this. 3 And I did have conversations with 4 DEC regarding this legislation, which they 5 signed off on. 6 SENATOR GOLDEN: Madam President, 7 I had one question, but I have a second 8 question, if the sponsor would yield. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Sampson, do you continue to yield? 11 SENATOR SAMPSON: Yes, I do. 12 SENATOR GOLDEN: Senator, I would 13 strongly urge that you pull this bill until 14 some amendments to it. 15 I'd also strongly urge that we get 16 the list of who those 18,000 permits are, so 17 that we understand who they are. I don't know 18 who they could be except for doctor's offices 19 and hospitals. And I think we're all, on both 20 sides of the aisle, a little mystified as to 21 what and who these 18,000 permits could be if 22 they weren't to the doctor's offices and to 23 the hospitals. 24 So I would strongly urge that, you

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(518) 371-8910 1 know, bring this bill back up next week, do 2 some amendments, but -- it's good-intentioned, 3 but there's too much out there for us to take 4 a chance on voting on a bill like this that 5 could affect our communities across the City 6 of New York and the State of New York. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Was there a question, Senator Golden? 9 SENATOR SAMPSON: Through you, 10 Madam President. Senator Golden, I think this 11 bill is very important, especially when you're 12 talking about regulated medical waste. The 13 only thing we're asking is those individuals 14 just to certify. 15 Presently, now, if they have an 16 application and they submit it, they ask them 17 are they in compliance with local zoning. 18 It's either yes or no. It's presently done 19 now. The only thing we're asking them to do 20 is to just certify and just do the homework. 21 Take two minutes out and look up your zoning 22 requirements and see if it complies. 23 Especially after September 11th, 24 with all the biological terrorism that can

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(518) 371-8910 1 happen, we need to know what sort of waste is 2 in our communities. And I'm quite sure if -- 3 this is an important issue. The only thing 4 we're requiring -- and we're not saying you 5 can't have these facilities, we're just saying 6 make sure you're in compliance. 7 It's the same thing if I wanted to 8 build an extra dormer on my house, I have to 9 make sure that it's in compliance with the 10 local zoning requirements. 11 SENATOR GOLDEN: On the bill, 12 Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Golden, on the bill. 15 SENATOR GOLDEN: I didn't get the 16 answer I was looking for. I do believe there 17 is -- there's just too much on these 12 lines 18 in this bill that go unanswered across the 19 city and state. 20 I dare to say that if we vote for a 21 bill today that's going to impose sanctions on 22 doctor's offices across the City and State of 23 New York, allow community boards to have 24 jurisdiction over these zoning regulations --

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(518) 371-8910 1 as it's been stated earlier by Senator 2 Flanagan, these are quasi-government 3 agencies -- it's scary. 4 I don't believe that this is the 5 direction that we should be going. We need to 6 know what those 18,000 permits are about. 7 Right now it just sounds like a lot of -- 8 another place to look to get additional 9 funding here for the State of New York on 10 DEC's end of it. 11 The sponsor may be 12 well-intentioned, and I think he is 13 well-intentioned in trying to put a bill 14 forward that would deal with medical waste. 15 But having said that, it's just not ripe yet, 16 this bill, to go forward. 17 So I don't know how we could vote 18 for this bill. I cannot vote for this bill, 19 and I will be voting no if it goes forward. 20 It's just too many questions unanswered. 21 And lastly, homeland security is 22 very important to us, and we should know 23 what's going on. But this bill is not going 24 to help us one way or the other on the

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(518) 371-8910 1 homeland security issues across the State of 2 New York. 3 Thank you, Madam President. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Are there any other Senators wishing to be 6 heard on the bill? 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Would the 9 sponsor just yield for a few questions just 10 for clarification. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Sampson, do you yield? 13 SENATOR SAMPSON: Yes, I do. 14 SENATOR FUSCHILLO: Senator 15 Sampson, thank you very much. 16 My understanding is, Senator, in 17 reading your language, that this bill says 18 that the DEC can't preempt local zoning laws 19 and that the local zoning laws that are 20 applicable in this case -- we've heard a lot 21 of questions through a medical office -- have 22 to be adhered to. Is that correct? 23 SENATOR SAMPSON: Through you, 24 Madam President, yes.

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(518) 371-8910 1 SENATOR FUSCHILLO: Thank you 2 very much. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Are there any other Senators wishing to be 5 heard on the bill? 6 Hearing none, debate is closed. 7 The Secretary will please ring the 8 bells. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Marcellino, to explain his vote. 17 SENATOR MARCELLINO: Yes, Madam 18 President. Again, I was just hoping that my 19 colleague would have agreed not necessarily to 20 pull the bill on my behalf, but to have agreed 21 later on down the road to seek amendments to 22 clarify this particular legislation, because I 23 think it needs clarification. 24 It opens up -- and I'll repeat it

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(518) 371-8910 1 again, if the local zoning exists, the 2 facility goes in, it's legal. During the term 3 of the permit, the zoning is changed for 4 whatever reason, the operation becomes illegal 5 by zoning, the DEC can no longer issue that 6 renewal permit. So you're putting a medical 7 waste facility out of business. 8 These are difficult facilities are 9 site under any circumstances. They are 10 necessary facilities for the protection and 11 health of our communities. I think this needs 12 clarification in law. There is no legal 13 requirement currently in law that says you 14 must grandfather in these operations. 15 Therefore, you're putting at risk the public 16 health. 17 I understand what Senator Sampson 18 wishes to do, but this bill doesn't do it. It 19 adds confusion. I would hope amendments will 20 be sought down the road to do that. 21 In the interim, I cannot in good 22 conscience support the legislation. I will be 23 voting no. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Senator Marcellino to be recorded in the 2 negative. 3 Senator Saland, to explain his 4 vote. 5 SENATOR SALAND: Thank you, Madam 6 President. 7 I certainly want to commend Senator 8 Sampson for what he's attempting to do here. 9 And I believe what he's attempting to do 10 certainly is an appropriate policy aim. 11 I'm concerned, however, of the 12 potential for unintended consequences, as 13 discussed in our debate or exchange. There's 14 nothing in here, nothing in this bill that 15 tells me that the hospitals that I think we're 16 both mutually concerned about are in fact 17 grandfathered, and nothing that says that at 18 the expiration of their two-year permit that, 19 barring some change in their operation or 20 expansion of their operation, that they would 21 continue to be able to conduct business in the 22 same fashion they had been conducting it prior 23 to the enactment of this legislation, should 24 it be enacted.

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(518) 371-8910 1 I find myself, under those 2 circumstances, being forced to vote no. And 3 would hope there will be every effort made to 4 address that issue, either by way of amendment 5 or subsequent legislation. 6 Thank you, Madam President. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Saland will be recorded in the 9 negative. 10 Senator Schneiderman, to explain 11 his vote. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Madam President, to explain my vote. 14 I rise in strong support of Senator 15 Sampson's legislation. I think that we're 16 seeing a lot of speculation about things that 17 I really think miss the point of this bill. 18 The Department of Environmental 19 Conservation of the State of New York for 20 years has taken the position that they are 21 incapable of screening every application for 22 the facilities covered under this bill to see 23 if it complies with zoning laws. 24 This is a good, efficient, putting

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(518) 371-8910 1 the burden where it belongs piece of 2 common-sense legislation to say that you have 3 to comply with zoning laws, you can't try to 4 roll local communities or evade it. 5 This is filling a gap we have to 6 fill. For years, under the Pataki 7 administration, the Department of 8 Environmental Conservation conceded that they 9 could not ensure that zoning laws were being 10 respected. Senator Sampson is not saying 11 let's create a big new bureaucracy. He's 12 putting the burden on the permit holder. 13 This is a good piece of 14 legislation. I am proud to support it. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Schneiderman to be recorded in the 17 affirmative. 18 Senator Liz Krueger, to explain her 19 vote. 20 SENATOR LIZ KRUEGER: Thank you 21 very much. 22 Well, I represent a dense urban 23 community. I represent an area that's often 24 called Bedpan Alley because we have so many

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(518) 371-8910 1 hospitals. My hospitals are not opposed to 2 this bill. 3 My community would totally support 4 this bill. We find it unbelievably 5 frustrating when zoning laws are not 6 respected, when facilities are allowed to be 7 imposed upon communities without the community 8 having a say in what those facilities are and 9 what the potential impact and risk is to the 10 community. 11 I represent urban dense, but I 12 can't imagine that if I represented a suburban 13 town or a rural community that we wouldn't 14 have the exact same position. Local people 15 would want to not have state agencies ride 16 roughshod over them; I hear that constantly 17 from my colleagues. Urban, rural, and 18 suburban communities want to make sure their 19 zoning laws are respected. 20 I have to say I have heard endless 21 debates in this house arguing for exactly what 22 John Sampson's bill does today. And I am 23 amazed that people are opposing the bill. 24 It's the right thing to do. And I can

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(518) 371-8910 1 guarantee you it's what every one of our 2 communities would want. 3 I'm very proud to support this 4 bill. Thank you, Madam President. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator L. Krueger to be recorded in the 7 affirmative. 8 Senator Oppenheimer, to explain her 9 vote. 10 SENATOR OPPENHEIMER: Well, thank 11 you very much, Madam President. 12 I think Senator L. Krueger has just 13 pretty much said everything that I was going 14 to say -- but that's not going to stop me. 15 No, I'll be brief. 16 Over and over again I have said, 17 from my vantage point many years ago of being 18 a mayor, that I don't believe that the state 19 seems to care very much about what the local 20 impacts are because they never look at the 21 local impacts. So we are forever saying at 22 least give us an opportunity to respond, at 23 least look at our zoning laws, at least put us 24 into the picture.

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(518) 371-8910 1 This is exactly what this bill 2 does. And that's why most of us who represent 3 areas from outside of the city ought to be 4 applauding this. We're finally getting a 5 little say into the process. 6 And so this is the perfect bill for 7 us, for all of us outside of New York City. 8 And New York City too, as I hear the hospitals 9 in the city are supporting it. 10 So I can't imagine why anybody 11 would ever want to vote against this. I'm 12 strongly supportive. I'm voting yes. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Oppenheimer to be recorded in the 15 affirmative. 16 There any other Senators wishing to 17 explain his or her vote? 18 Hearing none, announce the results, 19 please. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 68 are 22 Senators Flanagan, Golden, Marcellino, Saland, 23 and Skelos. 24 Absent from voting: Senator

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(518) 371-8910 1 McDonald. 2 Ayes, 56. Nays, 5. 3 ACTING PRESIDENT STEWART-COUSINS: 4 The bill is passed. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Calendar Number 8 103, by Senator Addabbo, Senate Print 2866, an 9 act to amend the Election Law. 10 SENATOR KLEIN: At the sponsor's 11 request, can we lay the bill aside for the 12 day. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The bill is laid aside for the day. 15 The Secretary will continue to 16 read. 17 THE SECRETARY: Calendar Number 18 110, substituted earlier today by Member of 19 the Assembly Morelle, Assembly Print Number 20 6740, an act to amend the Insurance Law. 21 SENATOR LIBOUS: Madam President. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Libous, why do you rise? 24 SENATOR LIBOUS: I believe

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(518) 371-8910 1 Senator Hannon has an amendment at the desk. 2 I would ask that we waive the reading but read 3 the title. And then if you would, 4 respectfully, call on Senator Hannon, please. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Hannon's amendment is here at the 7 desk. Without objection, the reading is 8 waived and you may speak, Senator Hannon, on 9 the amendment. 10 SENATOR HANNON: Thank you, Madam 11 President. 12 The main bill would implement the 13 mini-COBRA provisions for the State of 14 New York, implementing the federal ARRA act; 15 it's now called the American Recovery and 16 Reinvestment Act. 17 The provision that's being 18 implemented by the bill-in-chief would extend 19 COBRA coverage to employees of smaller 20 companies, the ones not directly covered by 21 the federal act. These smaller employees 22 would be given the right to opt into COBRA 23 coverage, a right that arises because the 24 federal stimulus act would pay 65 percent of

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(518) 371-8910 1 the premium cost for the individual. 2 The amendment would deal directly 3 with the question of the cost of premiums for 4 individuals for healthcare insurance and would 5 seek to repeal the recently enacted tax that 6 is levied by the February 2009 Deficit 7 Reduction Act, otherwise sometimes called the 8 covered lives assessment. 9 This assessment, to the extent of a 10 $240 million on an annual basis tax, will 11 increase premiums to every family in this 12 state covered by health insurance. Those are 13 not just people employed by large companies 14 getting health plans; it would extend to every 15 union benefit plan in this state that has what 16 is called a Taft-Hartley plan. They're 17 covered by this assessment that I seek to 18 repeal in this amendment. 19 In an era when we are seeking to 20 expand healthcare coverage, expand the 21 affordability of healthcare coverage, we have 22 acted in February in an inconsistent way. 23 This amendment would put us on the right 24 course, and I would urge everybody's support

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(518) 371-8910 1 of it. 2 Thank you, Madam President. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you. 5 The question is on the nonsponsor 6 motion to amend Calendar Number 110. Senators 7 voting in support of the nonsponsor amendment 8 please signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Libous. 12 SENATOR LIBOUS: Madam President, 13 I believe there's a fast roll call on 14 amendments. 15 ACTING PRESIDENT STEWART-COUSINS: 16 We will proceed with the fast roll call. 17 Those voting in support of the 18 nonsponsor amendment please raise your hands. 19 Announce the results. 20 THE SECRETARY: Ayes, 28. Nays, 21 32. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The motion has failed. 24 Senator Libous.

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(518) 371-8910 1 SENATOR LIBOUS: Madam President, 2 I believe there's one other amendment at the 3 desk, by Senator Seward. And I ask that its 4 reading be waived and if you could please call 5 on Senator Seward. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Yes, Senator Libous, Senator Seward's 8 amendment is here at the desk. Without 9 objection, the reading is waived. And, 10 Senator Seward, you may speak on the 11 amendment. 12 SENATOR SEWARD: Thank you, Madam 13 President. 14 The main bill before us is a worthy 15 bill, no question about it, because it does 16 help the employees of small businesses who 17 have lost their jobs to continue to afford 18 health insurance coverage. That's a very 19 worthy piece of legislation. 20 But as worthy as that is, there's 21 another whole group of employees who are 22 struggling with the very same problem. And we 23 can make this worthy bill even better by 24 helping to address that whole other group who

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(518) 371-8910 1 are struggling with the same problem, and that 2 is the employees of small businesses whose 3 employer and the employees themselves cannot 4 afford health insurance, those that are 5 working for a small business but yet cannot 6 afford health insurance coverage. 7 And New York State has an excellent 8 program called Healthy New York, which is 9 access to health insurance for small 10 businesses and others who find themselves 11 without health insurance for at least 12 12 months. And the amendment that I'm 13 presenting today would expand the Healthy 14 New York from the current 208 percent of the 15 federal poverty level up to 250 percent of the 16 federal poverty level, which would expand the 17 program to include many more people and their 18 families. 19 Now, this would make, for example, 20 a family of four with an annual net income of 21 approximately $60,000 per year eligible for 22 Healthy New York. 23 The second item in our amendment is 24 to make Healthy New York available to all but

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(518) 371-8910 1 at an unsubsidized rate. So doing so would, 2 in fact, reduce health insurance costs for 3 small businesses at no cost to the state, in 4 that case, because qualified businesses would 5 be able to purchase their health insurance at 6 a lower cost because they would be able to 7 purchase a less comprehensive health insurance 8 policy. That's why they have the lower 9 premium. 10 And finally, Madam President, this 11 amendment would exempt the high-deductible 12 health insurance plans which are now allowable 13 on the market. It would exempt these policies 14 from the current multitude of state mandates, 15 allow much more flexibility in putting 16 together a health insurance plan, thus making 17 those policies even more affordable. 18 All of these measures that are 19 included in this amendment have been passed by 20 this house before. They are endorsed by all 21 the voices of small business, most notably the 22 National Federation of Independent Businesses. 23 It's a step in the right direction, 24 a big step in the right direction to help

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(518) 371-8910 1 those small businesses, their employees and 2 individuals who currently do not have health 3 insurance, to give them access to affordable 4 health insurance at the same time we are 5 helping, as the main bill does, those who have 6 been employees of small businesses who have 7 lost their jobs to help them to continue their 8 coverage. 9 Madam President, I urge approval of 10 the amendment. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Thank you, Senator. 13 The question is on the nonsponsor 14 motion to amend Calendar Number 110. Those 15 Senators voting in support of the nonsponsor 16 amendment please raise your hands. 17 Announce the results. 18 THE SECRETARY: Ayes, 28. Nays, 19 32. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The motion fails. 22 Now we will return to the bill in 23 the main, please. 24 SENATOR LIBOUS: Would Senator

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(518) 371-8910 1 Breslin give an explanation, please. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Breslin. 4 SENATOR BRESLIN: Thank you, 5 Madam President. 6 I think this is a bill that we can 7 all justifiably support, because it's a 8 win-win-win. The federal government, through 9 legislation passed in February of this year, 10 allows people who have been terminated through 11 no fault of their own retroactively to 12 September 1, 2008 -- 13 ACTING PRESIDENT STEWART-COUSINS: 14 May we have order in the chamber, please. 15 Excuse me, Senator Breslin. Please 16 continue. 17 SENATOR BRESLIN: -- to apply for 18 COBRA benefits, which ordinarily would be very 19 expensive to someone in that situation. 20 However, with the act passed in 21 February, 65 percent of that cost will be 22 taken on by the federal government. So it is 23 no expense to New York State, it is no expense 24 to an insurance company, and it is a benefit

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(518) 371-8910 1 for those people who have lost their jobs 2 without any fault of their own. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator Breslin. 5 SENATOR BRESLIN: And I vote aye. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Espada. 8 SENATOR ESPADA: Thank you, Madam 9 President. 10 I rise to acknowledge the obvious. 11 The Obama agenda of change in healthcare by 12 way of the economic stimulus package has 13 arrived, has arrived in a very strong way. 14 In the Assembly on Tuesday, this 15 bill passed without a single negative vote. 16 And it did so because it recognizes that the 17 economic crisis has claimed many casualties. 18 And those casualties, these are 19 real people with real faces and real families 20 throughout the 62 State Senate districts in 21 New York that could easily fall, and in fact 22 have fallen. So therefore this is a reprieve, 23 a second chance, as it were, to all those 24 families that could not, simply because they

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(518) 371-8910 1 could not afford healthcare -- will now be 2 able to get healthcare, not for a thousand 3 dollars out of their family budget per month, 4 but $300. 5 It can be the difference, clearly, 6 with respect to affordability of healthcare, 7 but also whether that money then goes to a 8 payment of a mortgage or tuition for their 9 children or even their small savings accounts 10 won't be taxed. 11 So this is indeed an economic 12 stimulus that all of us, 500,000 of the people 13 we represent will enjoy retroactively at no 14 cost to this state. It's one that we should 15 all praise and we should all support. 16 I thank Senator Breslin for 17 bringing this expeditiously, including the 18 Governor. And I'll be voting in the 19 affirmative. 20 Thank you, Madam Chair. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Hannon. 23 SENATOR HANNON: Yes, Madam 24 President. I wonder if the sponsor would

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(518) 371-8910 1 yield to a question. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Breslin, do you yield? 4 SENATOR BRESLIN: Certainly, 5 Madam President. 6 SENATOR HANNON: Senator Breslin, 7 I know that you're trying to implement this 8 federal statute which has its own convoluted 9 language. But I wanted to first ask about the 10 eligibility period that is set forth in this 11 statute. 12 Because I go to the sponsor's memo 13 that has been filed on this, and I first find 14 a reference to people who were involuntarily 15 terminated from their jobs between 16 September 1, 2008, and December 31, 2009. 17 That's in statement in support, paragraph 1. 18 And then, in the third paragraph, 19 it talks about a special election period for 20 people laid off between September 1, 2008, and 21 the date the federal bill was signed into law, 22 February 17th. 23 So the question would really be, 24 what is the window that we are making

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(518) 371-8910 1 available under this proposed statute to 2 people who would be eligible? 3 SENATOR BRESLIN: I would 4 suspect, Senator Hannon -- through you, Madam 5 President -- that the window goes back to 6 September 1, 2008, and would include all those 7 people who have been taken off their job 8 without any cause of their own. 9 SENATOR HANNON: May I ask 10 another question? 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Breslin, do you continue to yield? 13 SENATOR BRESLIN: Oh, absolutely. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Breslin yields. 16 SENATOR HANNON: Senator Breslin, 17 the question is when does that window end. 18 Because in the memo there are two 19 different dates provided. I don't know if 20 it's just they're referring to two different 21 provisions or whether there's a contradiction. 22 The first date is December 13, 2009, the end 23 of this year, and the second date is 24 February 17, 2009, the date that the federal

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(518) 371-8910 1 bill was signed. 2 SENATOR BRESLIN: It's my 3 understanding -- through you, Madam 4 President -- Senator Hannon, that it's the end 5 of 2009. December 31, 2009. 6 SENATOR HANNON: Thank you. I 7 have another question on another, similar 8 topic. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Breslin, do you continue to yield? 11 SENATOR BRESLIN: Yes, I do. 12 SENATOR HANNON: The question is 13 there's a reason under the law they have to 14 have a notification to the eligible 15 individuals. I would wonder who is it that 16 has to send out the notices on this. Because 17 in my mind, the question arises -- it refers 18 to administrators. And I don't find that as a 19 defined term under the State Insurance Law. 20 SENATOR BRESLIN: Through you, 21 Madam President. I think the federal 22 government sends notification through the 23 local employers. 24 SENATOR HANNON: Another

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(518) 371-8910 1 question, Madam President? 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Breslin, do you continue to yield? 4 SENATOR BRESLIN: I absolutely 5 continue to yield. 6 SENATOR HANNON: I would think 7 the question on that arises as somewhat of a 8 question because of the federal law. And I 9 would urge that you look into getting a 10 clarification. I don't believe it's because 11 of state law but because of federal law. 12 Another question, Madam President? 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Breslin, do you continue to yield? 15 SENATOR BRESLIN: It's my honor, 16 Madam President. 17 SENATOR HANNON: In your proposed 18 bill it talks about -- and it does three 19 times, lines 13, 18, and then the 20 corresponding sections afterwards -- about 21 additional notice. And I can't find any other 22 references to additional notice. Because in 23 the prior sentence to each of the times the 24 word "additional notice" is made, it talks

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(518) 371-8910 1 about notice to the individual. 2 So I was wondering how we get -- 3 what are the notices? Are there two notices 4 required to the covered individuals, or is 5 there one notice? 6 SENATOR BRESLIN: It's my 7 understanding, through you, Madam President, 8 that we identified the first notice. That any 9 other notices that I think would come later, 10 if any did arise. 11 SENATOR HANNON: I didn't hear 12 you, Senator. 13 SENATOR BRESLIN: I'll amend my 14 answer. 15 If in fact the legislation -- which 16 passed 143 to 0 in the Assembly on Tuesday -- 17 if it's passed and signed into law today, 18 there would only be the requirement of one 19 notice. Through you, Madam President. 20 SENATOR HANNON: Thank you very 21 much. 22 SENATOR BRESLIN: Thank you, 23 Senator Hannon. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Senator Schneiderman. 2 SENATOR SCHNEIDERMAN: Thank you, 3 Madam President. On the bill. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Schneiderman, on the bill. 6 SENATOR SCHNEIDERMAN: I think 7 that we rarely have an opportunity to vote for 8 as clearly beneficial a piece of legislation 9 as we do today. I commend Senator Breslin and 10 the Governor and all those who worked on 11 developing this. 12 It is absolutely essential that we 13 make these adjustments to COBRA. We have 14 federal money available, but the federal 15 provisions do not establish a special election 16 period. This is a way to very simply provide 17 affordable healthcare to half a million people 18 in the State of New York. It's a way for us 19 to take advantage of federal funding that is 20 available for the moment. It's essential that 21 we do it, it's essential that we do it today. 22 This is a part of a larger movement 23 in America. And when President Obama brought 24 to Washington the concept that was later

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(518) 371-8910 1 embodied in the American Recovery and 2 Reinvestment tax act, it was a message that we 3 all heard last year. People are ready for 4 change. People are tired of us being a 5 country with so many people who can't afford 6 healthcare. People are tired of us being the 7 only industrial nation without universal 8 coverage. 9 This is a step in that direction. 10 Hard economic times make it hard for us to go 11 forward. But in the State of New York we have 12 to adopt creative and aggressive innovative 13 programs like the one embodied in this bill 14 that we're voting on now to take advantage of 15 every federal dollar available under the new 16 regime. 17 We are not ever going back, ladies 18 and gentlemen. We are on the road to 19 universal healthcare. We are on the road to 20 everyone having insurance. We're on the road 21 to all of our children being able to get to 22 see primary care doctors and get preventive 23 care. This is a piece of that puzzle. 24 I urge everyone to vote yes. Thank

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(518) 371-8910 1 you, Senator Breslin. And I cannot imagine 2 why anyone would vote against this bill today. 3 I hope everyone will vote in the affirmative. 4 Thank you, Madam President. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Thank you, Senator Schneiderman. 7 Senator Liz Krueger. 8 SENATOR LIZ KRUEGER: I rise to 9 support this bill. 10 As Senator Schneiderman just said, 11 this is part of President Obama's stimulus 12 package. It's one of the best parts of the 13 stimulus package. 14 I know that my office gets calls 15 every day from people being laid off from 16 their jobs, in panic about how will they meet 17 their family's basic needs and how will they 18 continue healthcare insurance. 19 Given the incredibly high cost of 20 COBRA, particularly in my district, where we 21 have high costs and so the costs of health 22 insurance -- well, actually it's everywhere in 23 the State of New York is exceptionally high -- 24 the concept that we can insure people

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(518) 371-8910 1 retroactively, even if they've lost their jobs 2 since September 2008, that we can provide them 3 retroactive rights to COBRA coverage for 4 insurance with the federal government picking 5 up 65 percent of the cost, is amazing. It's 6 just amazing that we're going to be able to do 7 this. 8 And I understand and appreciate the 9 questions about notice. I would actually 10 argue it's incumbent upon every one of us to 11 do everything we can to let our constituents 12 know about this program. We don't want anyone 13 losing out on the opportunity to continue 14 health insurance with the federal government 15 paying 65 percent of the cost. 16 I also just want to highlight one 17 additional fact. This is good for our 18 businesses when business can continue a larger 19 group coverage. So even if they've had to lay 20 off X number of employees and they're trying 21 to hold on and they're trying to continue in 22 business and they're hoping they'll be able to 23 rehire those people as the economy turns 24 around, this actually puts them in a better

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(518) 371-8910 1 negotiating position with the insurance 2 companies. Because again, on paper, it's a 3 larger group policy. 4 So this is a win for our 5 businesses, even if they've been in the 6 position of having to lay people off. It's a 7 win for our people. And again, let's not 8 forget the rule of thumb: You always try to 9 get as much as you can from the government 10 bigger than you. It's not just passing this 11 law, it's making sure every New Yorker who 12 possibly could be eligible receives this 13 benefit. 14 So it's a win for everyone, and I 15 am very glad to support Senator Breslin's 16 bill. 17 Thank you very much, Madam 18 President. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Thank you, Senator Krueger. 21 Senator Klein, to close. 22 SENATOR KLEIN: Thank you, Madam 23 President. On the bill. 24 I too want to praise Senator

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(518) 371-8910 1 Breslin today for bringing this very important 2 piece of legislation before us. 3 This is quite historic. There 4 hasn't been a time that we on this Senate 5 floor were able to reduce health insurance by 6 65 percent. I think everyone understands the 7 importance of providing affordable healthcare 8 to those who are working. Unfortunately, in 9 these tough economic times when so many of our 10 neighbors and residents in New York State are 11 losing their jobs, to be able to have some 12 peace of mind, to be able to afford 13 healthcare, I believe it's worth its weight in 14 gold. 15 One of the statistics I know 16 Senator Espada pointed out, but I think in 17 some ways it's worth repeating. If an 18 individual is laid off from their current 19 employment, where presently the healthcare 20 would cost a thousand dollars, it would now 21 cost $350. That's a tremendous reduction. 22 It makes healthcare affordable, 23 allows an individual who doesn't have a job at 24 this point to use that money for other things,

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(518) 371-8910 1 like taking care of their mortgage, education 2 costs, making sure they can put food on the 3 table for their families. 4 So as I said before, this is 5 something that's important and part of 6 President Obama's national plan to put more 7 money back in people's pockets during these 8 tough times. 9 But I hope we take this one step 10 further, because I think we also have to be 11 cognizant of the fact that people are paying 12 good money every day to be insured when they 13 get injured or when they need a doctor or when 14 they need to buy prescription drugs. And I 15 think we have a lot to do to make sure that 16 people get what they pay for, and that 17 healthcare decisions are made between a doctor 18 and a patient and not some bureaucrat sitting 19 behind a desk at a healthcare organization. 20 So I think today we're doing 21 something very, very important in providing 22 affordable healthcare for those who are 23 unemployed at this time. And I really praise 24 Senator Breslin for bringing this before us

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(518) 371-8910 1 today. 2 I vote yes, Madam President. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator Klein. 5 Are there any other Senators 6 wishing to be heard on the bill? 7 Hearing none, the debate is closed. 8 The Secretary will please ring the 9 bells. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Foley, to explain his vote. 18 SENATOR FOLEY: Thank you, Madam 19 President. 20 I want to commend Senator Breslin 21 for sponsoring today's resolution. Not only 22 will this help close to half a million 23 families in the State of New York but 24 literally tens of thousands on Long Island and

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(518) 371-8910 1 within my senatorial district. This will make 2 the difference for a number of families to be 3 able to provide for their families the 4 healthcare that they so richly deserve. 5 And this is another example, Madam 6 President, where the changes in Washington and 7 the changes in Albany have heralded a new era 8 where we're helping the families, together in 9 partnership with the federal government, so 10 they can provide for their families and have 11 the healthcare and have, let's say -- can we 12 have a little order? Thank you, Madam Chair. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Can we have order in the chamber. 15 SENATOR FOLEY: They can have the 16 peace of mind, with the passage of this 17 legislation, that many families will have the 18 health coverage that otherwise they would 19 lose. 20 So in conclusion, I will vote in 21 the affirmative. And thank you for the time, 22 Madam President. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Foley to be recorded in the

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(518) 371-8910 1 affirmative. 2 Senator LaValle. 3 SENATOR LaVALLE: Thank you, 4 Madam President. 5 Senator Breslin, this legislation 6 certainly is very good and will expand, for 7 many of our citizens, healthcare. 8 I think the idea of Senator 9 Hannon's amendment and Senator Seward's 10 amendments is to say that it is critically 11 important that when we consider issues such as 12 this that we really put everything on the 13 table, you know, at the same time. 14 I think the point was made today 15 that covered lives, the health tax, could and 16 would affect a lot of people indirectly, 17 because the companies will merely pass along 18 that tax. 19 Senator Seward's amendments 20 certainly open up healthcare options. And 21 while we're not doing it today, I hope that at 22 some juncture in this session that we will 23 consider, during the budget, Senator Hannon's 24 amendment and Senator Seward's amendments that

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(518) 371-8910 1 will really cover even more people in this 2 state. 3 But certainly you are to be 4 congratulated on your initiative. I vote in 5 the affirmative. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator LaValle to be recorded in the 8 affirmative. 9 Senator Duane. 10 SENATOR DUANE: Thank you, Madam 11 President. 12 I rise to vote yes on this piece of 13 legislation. And I just want to add that I 14 think Senator Breslin's quick action on this 15 legislation is really to be complimented. 16 And also, Senator Breslin not only 17 gets the insurance part of this but also the 18 importance of keeping people in a position 19 where they can actually access care and where 20 they don't have to depend on emergency room 21 care. This bill will help move us towards our 22 commitment to primary and preventive 23 healthcare. 24 And others have said things which I

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(518) 371-8910 1 agree with, but I just really compliment 2 Senator Breslin because of his understanding 3 of both the insurance component and the 4 importance of this for -- because of the 5 healthcare component. 6 Thank you, Madam President. 7 ACTING PRESIDENT STEWART-COUSINS: 8 How do you vote, Senator Duane? 9 SENATOR DUANE: I vote yes. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Duane to be recorded in the 12 affirmative. 13 Senator DeFrancisco. 14 SENATOR DeFRANCISCO: Yes, 15 there's a very simple reason why this bill 16 passed unanimously, is that it's a good bill. 17 If any legislative body or 18 legislator had a pot of money handed to them 19 from the federal government and didn't take 20 advantage of that pot of money to provide 21 healthcare coverage for people who are losing 22 their jobs, they would be subject to some 23 serious inquiry as to their rationality. 24 So this bill is a logical bill. A

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(518) 371-8910 1 pot of money was made available. We're taking 2 advantage of it. And everyone, both sides of 3 the aisle, are voting in favor of it. 4 My only caution, however, is this 5 pot of money isn't necessarily from the 6 federal government, it's from taxpayers. It 7 comes from one pocket, goes into another. 8 And, secondly, that taxpayers' money is not 9 going to be available permanently. 10 So we have some real 11 responsibilities here. Rather than just 12 saying yes to a pot of money, the real 13 responsibility is to put our house in order, 14 make sure our budget is a good budget so that 15 businesses can provide for their employees in 16 the future because there's a good solid 17 budget, good solid policies in the State of 18 New York to create jobs. And the sooner we 19 get to that job, the better off we'll all be. 20 Thank you. 21 ACTING PRESIDENT STEWART-COUSINS: 22 And you will be voting in the affirmative? 23 SENATOR DeFRANCISCO: Yes. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Thank you. Senator DeFrancisco to be recorded 2 in the affirmative. 3 Senator Perkins. 4 SENATOR PERKINS: Thank you, 5 Madam President. 6 I want to vote yes on this bill, 7 and I want to first compliment my colleague 8 Senator Breslin for bringing this before us. 9 It's obviously a very, very important piece of 10 legislation, and nobody in their right mind, 11 as was said, would dare vote against it. 12 But I also want to take a quick 13 moment to recognize our president, who has, 14 through this effort, lived up to his campaign 15 promise about providing for universal 16 healthcare. This is a down payment, I 17 believe, that we are to expect to see even 18 more of this from our president, and that will 19 enable us on this level to be able to help our 20 constituents. 21 This is not just money for Wall 22 Street, this is money for the people in our 23 streets and our communities who are suffering. 24 And this type of stimulus, I believe, goes a

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(518) 371-8910 1 long way not only towards providing healthcare 2 but also towards providing for other kinds of 3 stimulation for our economy that will benefit 4 us all. 5 So thank you, Senator Breslin, and 6 thank you, President Obama. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Thank you, Senator Perkins. 9 Anyone else wishing to explain his 10 or her vote? 11 Announce the results. 12 THE SECRETARY: Ayes, 60. Nays, 13 0. 14 Absent from voting: Senators 15 McDonald and Winner. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is passed. 18 Senator Klein. 19 SENATOR KLEIN: Madam President, 20 can we please recognize Senator 21 Hassell-Thompson for a brief announcement. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Hassell-Thompson. 24 SENATOR HASSELL-THOMPSON: Thank

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(518) 371-8910 1 you, Madam President. 2 I would just like to let the Senate 3 Majority know that there's going to be a 4 meeting immediately following session in 5 Room 332. Thank you. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you, Senator Hassell-Thompson. 8 There will be a meeting immediately 9 following session of the Majority Conference 10 in the Majority Conference Room, 332. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 can we recognize Senator Libous also for a 14 brief announcement. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Libous. 17 SENATOR LIBOUS: Thank you, Madam 18 President. 19 The Republican Conference will meet 20 immediately in Room 315. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Thank you. That would be after session? 23 SENATOR LIBOUS: That would be 24 after session, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Thank you. The Minority Conference will be 3 meeting immediately after session in the 4 Minority Conference Room. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 is there any further business at the desk? 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Klein, there is no further business at 10 the desk; it is clear. 11 SENATOR KLEIN: There being none, 12 I move that we adjourn subject to the call of 13 the Majority Leader, intervening days to be 14 legislative days. 15 ACTING PRESIDENT STEWART-COUSINS: 16 There being no further business to come before 17 the Senate, on motion, the Senate stands 18 adjourned subject to the call of the Majority 19 Leader, intervening days being legislative 20 days. 21 (Whereupon, at 12:52 p.m., the 22 Senate adjourned.) 23 24

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