Regular Session - June 1, 2010

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         1

         2

         3                THE STENOGRAPHIC RECORD

         4

         5

         6

         7

         8                   ALBANY, NEW YORK

         9                     June 1, 2010

        10                       4:07 p.m.

        11

        12

        13                    REGULAR SESSION

        14

        15

        16

        17  SENATOR DAVID J. VALESKY, Acting President

        18  ANGELO J. APONTE, Secretary

        19

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT VALESKY:    The

         3       Senate will please come to order.

         4                  I ask everyone present to please

         5       rise and recite with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT VALESKY:    In the

        10       absence of clergy today, may we bow our heads

        11       in a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT VALESKY:    The

        15       reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Monday, May 31, the Senate met pursuant to

        19       adjournment.  The Journal of Sunday, May 30,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  ACTING PRESIDENT VALESKY:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, on

        10       behalf of Senator Stachowski, on page number

        11       30 I offer the following amendments to

        12       Calendar Number 604, Senate Print Number 7664,

        13       and ask that said bill retain its place on

        14       Third Reading Calendar.

        15                  ACTING PRESIDENT VALESKY:    The

        16       amendments are received.

        17                  SENATOR KLEIN:    Mr. President, on

        18       behalf of Senator Sampson, on page number 37 I

        19       offer the following amendments to Calendar

        20       Number 154, Senate Print Number 5262B, and ask

        21       that said bill retain its place on Third

        22       Reading Calendar.

        23                  ACTING PRESIDENT VALESKY:    The

        24       amendments are received.

        25                  SENATOR KLEIN:    Mr. President, I



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         1       believe there are substitutions at the desk.

         2       I ask that we make the substitutions at this

         3       time.

         4                  ACTING PRESIDENT VALESKY:    The

         5       Secretary will proceed with reading the

         6       substitutions.

         7                  THE SECRETARY:    On page 36,

         8       Senator Stavisky moves to discharge, from the

         9       Committee on Higher Education, Assembly Bill

        10       Number 10118 and substitute it for the

        11       identical Senate Bill Number 7748A, Third

        12       Reading Calendar 658.

        13                  And on page 36, Senator Huntley

        14       moves to discharge, from the Committee on

        15       Mental Health and Developmental Disabilities,

        16       Assembly Bill Number 10448 and substitute it

        17       for the identical Senate Bill Number 7649,

        18       Third Reading Calendar 661.

        19                  ACTING PRESIDENT VALESKY:

        20       Substitutions ordered.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Mr. President, I

        23       believe there's a resolution at the desk by

        24       Senator Adams.  I ask that the resolution be

        25       read in its entirety and move for its



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         1       immediate adoption.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Klein, has this resolution been deemed

         4       privileged and submitted by the office of the

         5       Temporary President?

         6                  SENATOR KLEIN:    Yes, it has,

         7       Mr. President.

         8                  ACTING PRESIDENT VALESKY:    The

         9       Secretary will read.

        10                  THE SECRETARY:    By Senator Adams,

        11       legislative resolution honoring the

        12       distinguished veterans from the State of

        13       New York upon the occasion of their induction

        14       into the New York State Senate Veterans Hall

        15       of Fame, to be celebrated on June 1, 2010.

        16                  "WHEREAS, Members of the Armed

        17       Services from the State of New York who have

        18       served so valiantly and honorably in wars in

        19       which this country's freedom was at stake, as

        20       well as in the preservation of peace in

        21       peacetime, deserve a special salute from this

        22       Legislative Body; and

        23                  "WHEREAS, Attendant to such

        24       concern, and in full accord with its

        25       longstanding traditions, this Legislative Body



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         1       is justly proud to honor the distinguished

         2       veterans from the State of New York upon the

         3       occasion of their induction into the New York

         4       State Senate Veterans Hall of Fame, to be

         5       celebrated on June 1, 2010; and

         6                  "WHEREAS, New York State Senate

         7       Veterans Hall of Fame inductees are members of

         8       any branch of the United States Armed Forces,

         9       which include Army, Navy, Coast Guard, Air

        10       Force and Marine Corps.  These exceptional men

        11       and women are chosen for this prestigious

        12       honor based on either service in combat or

        13       notable work performed after discharge from

        14       service; and

        15                  "WHEREAS, The 2010 inductees

        16       include Joseph Conace, John J. Perrone, David

        17       J. Clark, Kevin M. Ryan, Lillian Yonally,

        18       Richard Pedro, Jeremy K. Torrisi, Herbert

        19       Barret, Charles W. Merriam, Edward Borowski,

        20       Robert Tom Riordan, Ruben R. Pratts, Charles

        21       'Jeff' Scherz, John C. Donovan, Jerry

        22       Williams, Lester R. Muse, Jr., Ralph Esposito,

        23       Richard S. Tibbetts, Pat Devine, Lester

        24       Modelowitz, Anthony Zippo, Eugene McSherry,

        25       Joe Ceurter, Thomas F. Sharpe, Rick Connors,



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         1       Ronald Tocci, Patrick W. Welch, Ph.D., Ralph

         2       Kring, Bob Moran, Chester A. Scerra, Thomas G.

         3       Seifert, Randolph Wilkerson, Jamie-Lynn

         4       Winkler, Eli Vetrano, Matthew George Francis

         5       Ryan, Ed Zaluski, Frank Tracz, Randy Dupree,

         6       Stanley Rychlicki, Rich 'Rodeo' Washington,

         7       Sam Stahlman and Job Mashariki; and

         8                  "WHEREAS, The banner of freedom

         9       will always wave over our beloved New York and

        10       all of America, the Land of the Free and the

        11       Home of the Brave; and

        12                  "WHEREAS, The freedoms and security

        13       we cherish as Americans come at a very high

        14       price for those serving in the military in

        15       times of conflict.  It is fitting and proper

        16       that we who are the beneficiaries of those who

        17       risk their lives must never forget the courage

        18       with which these men and women served their

        19       country; and

        20                  "WHEREAS, Our nation's veterans

        21       deserve to be recognized, commended and

        22       thanked by the people of the State of New York

        23       for their service and for their dedication to

        24       their communities, their state and their

        25       nation; now, therefore, be it



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         1                  "RESOLVED, That this Legislative

         2       Body pause in its deliberations to honor the

         3       distinguished veterans from the State of

         4       New York upon the occasion of their induction

         5       into the New York State Senate Veterans Hall

         6       of Fame, to be celebrated on June 1, 2010; and

         7       be it further

         8                  "RESOLVED, That copies of this

         9       resolution, suitably engrossed, be transmitted

        10       to the 2010 inductees."

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Adams, on the resolution.

        13                  SENATOR ADAMS:    Thank you,

        14       Mr. President.

        15                  First I would just like to say that

        16       there was a certain level of energy that was

        17       in the air as we held a ceremony for our vets

        18       over at the Legislative Office Building.  You

        19       would have thought that, you know, there were

        20       some rock stars that were here.  There was a

        21       bipartisan show of just affection.

        22                  And we are proud just to have our

        23       vets here.  Each one of the members in the

        24       Senate nominated one individual.  My colleague

        25       Senator Andrea Stewart-Cousins and I put



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         1       together the plans for this event today.  And

         2       although we called it the Hall of Fame, we

         3       would like to look to call it the Hall of

         4       Honor, because you honor us with your

         5       presence.

         6                  And this is what's great about

         7       America, and it's really what's great about

         8       this Senate, you know, and the camaraderie.  I

         9       say over and over again we will haggle and

        10       argue about legislation and bills, and we will

        11       debate about things that matter to us.  But

        12       we're able to use paper and budgets -- we

        13       don't have to use bullets -- because of you.

        14                  You know, this land we call the

        15       home of the free and the land of the brave is

        16       because of men and women like you, that in

        17       spite of danger, in spite of fear, in spite of

        18       your commitment to family, you chose to adorn

        19       a uniform and go abroad and make sure that

        20       we're safe here at home.

        21                  And we have an obligation, I never

        22       forget -- sometimes when the vets come in my

        23       office and they talk to me as the chair of the

        24       committee and I look at their faces as they

        25       talk about the complexities of navigating the



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         1       bureaucracy of government -- you served us

         2       with honor.  You should not have to return to

         3       America and have battle scars of getting the

         4       resources you deserve.

         5                  There's no reason our men and women

         6       who come home from fighting abroad can't have

         7       free school and colleges in a college-friendly

         8       campus.  There's no reason that they have to

         9       worry about issues in Afghanistan and then

        10       worry about losing their homes to foreclosure.

        11       If John the soldier can search for bin Laden

        12       in the cave, then he can come here to America

        13       and search for Ben the robber as a police

        14       officer.

        15                  We must understand the complexities

        16       of going through the transitional period from

        17       combat to civilian life, and we should not

        18       penalize you because of those complexities.

        19       We lost a countless number of men and women

        20       through the Vietnam War, I say over and over

        21       again, because we didn't have the services

        22       that they deserved and that they needed.

        23                  This Hall of Honor that we're

        24       creating, because you're representative of the

        25       many men and women who will go unnoticed, who



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         1       will only have one parade, who will only have

         2       one day of coming home -- but we in the State

         3       Senate, we're saying no to that.  We want a

         4       continuous and constant reminder that no

         5       matter how difficult government is and no

         6       matter how many bills come before us and no

         7       matter how many things we must do of balancing

         8       budgets, we will never forget our vets.

         9                  That's the greatest symbol we can

        10       say to America as we start our session every

        11       day and do the Pledge of Allegiance.  The true

        12       pledge is a pledge to the men and women who

        13       make sure that this country is safe.  And

        14       that's what you did for us.  And it's more

        15       than just veterans of wars, it's more than

        16       just veterans during peacetime.  You are

        17       veterans of life.

        18                  And the difficulties of fighting a

        19       battle should not be also increased by coming

        20       home.  And that's what true patriotism is.  As

        21       I said earlier, it's not merely waving the

        22       flag in front of our home.  Patriotism is

        23       never forgetting the men and women who have

        24       served us throughout the years.  We're proud

        25       of that as State Senators.  It doesn't matter



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         1       if it's Buffalo, Binghamton or Brooklyn, we

         2       are proud of that in a very uniform fashion.

         3                  We will set aside any disagreements

         4       to come to a bipartisan understanding that we

         5       respect and we honor you and we thank you for

         6       the energy you brought inside this Capitol and

         7       inside the program we have today.

         8                  These are our honorees in the Hall

         9       of Honor for 2010.  And we commend you for

        10       your service to this country and what you

        11       continue to do for this great country, the

        12       United States of America.  We're united

        13       because of men and women like you.  I thank

        14       you.

        15                  Thank you, Mr. President.

        16                  (Applause.)

        17                  ACTING PRESIDENT VALESKY:    Thank

        18       you, Senator Adams.

        19                  Senator Farley.

        20                  SENATOR FARLEY:    Yes, thank you,

        21       Mr. President.

        22                  I just want to rise to pay tribute

        23       to my veteran over here, who's a member of the

        24       Greatest Generation, WW2.  A remarkable man

        25       who was a V-12 person.  That's the best and



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         1       the brightest.

         2                  They sent him off to college, he

         3       went to Hampton-Sydney and came out an ensign

         4       and was commander of an LCS landing craft that

         5       was at Saipan.  And if it wasn't for the

         6       atomic bomb that was dropped on Japan, he was

         7       ready to go to -- the next assignment was to

         8       invade Japan.

         9                  He's a remarkable man who owns an

        10       agency that goes back a hundred and -- let's

        11       see, 1895, I think that would be 115 years.

        12       The Merriam Agency.  And his son is now

        13       running it, and it's been in the family for

        14       115 years.

        15                  He's a remarkable person that I've

        16       known almost my entire political life, which

        17       is 40 years, and somebody that's always been a

        18       supporter of mine but, more than that, a real

        19       hero to our community.  Charles Merriam,

        20       congratulations and we're proud of you.

        21                  Thank you.

        22                  (Applause.)

        23                  ACTING PRESIDENT VALESKY:    Thank

        24       you, Senator Farley.

        25                  Senator Larkin.



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         1                  SENATOR LARKIN:    Thank you,

         2       Mr. President.

         3                  And welcome, my combat veterans of

         4       these wars:  World War II, Korea, Vietnam, a

         5       couple of little pinches in the islands,

         6       Bosnia, Iraq I, and now Iraq II with

         7       Afghanistan.

         8                  You know, I was talking to my

         9       veteran, Tony Zippo -- please stand, Tony.

        10       Tony Zippo had two tours in Vietnam.

        11                  (Applause.)

        12                  SENATOR LARKIN:    Tony is what

        13       each and every one of us getting out have to

        14       come to.  Tony is involved not just because

        15       he's a veteran service officer, but we dragged

        16       him into the Purple Heart Hall of Honor.  And

        17       he said, "Gee, I'll volunteer."  I said,

        18       "Good, we need a treasurer.  You've got a

        19       background in accounting."  He's now the

        20       treasurer, and he can pay all the bills.

        21                  But you know what?  This is the

        22       greatest country in the world.  Why?  Because

        23       of you.  Look at one another.  I'll bet I

        24       talked to 25 of you.  Not one of us talked

        25       about combat.  We talked about Buffalo.  What



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         1       did we talk about?  Patrick, stand up and let

         2       everybody know you.

         3                  Patrick, Patrick is doing something

         4       for veterans in education --

         5                  (Applause.)

         6                  SENATOR LARKIN:    -- that you

         7       can't beat.  As a matter of fact, we've

         8       recruited him to come to Orange County for our

         9       village housing.  Thank you, Pat.

        10                  But that's what we need.  You know,

        11       a lot of people on the outside want to help.

        12       You know what's missing?  They really don't

        13       know what you need.  They don't know what you

        14       see in young kids coming home.  I don't

        15       remember all those kids coming home with half

        16       a leg, no arm, half the head blown off.  We

        17       saw them, but they got out of the way right

        18       away.  Today, with the news media, they're in

        19       your face.

        20                  And of course we have those

        21       laplazard [sic] people who are now saying, Oh,

        22       I didn't mean to say that I was in Vietnam, I

        23       meant to say something else.  They're a

        24       disgrace to this country and to you, every one

        25       of you, because you served.  You answered the



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         1       call.

         2                  And you were there to show these

         3       people here -- and these people in this

         4       chamber, the 62 members, are serious about

         5       helping you.  But you've got to go and tell

         6       them.  I got more from Pat this morning, got

         7       two ears full -- with the hearing aids that

         8       aren't working too, Pat.  But you've got to

         9       step forward and help us.

        10                  You're heroes.  The problem is, a

        11       lot of people out there don't appreciate what

        12       you've done because you don't go bragging

        13       about your story.  I read a story yesterday

        14       where a guy said, You know, I was mad at

        15       Vietnam and I hid and I smoked and I did this,

        16       I did that, and I spat at them.  And now he

        17       wants to apologize.

        18                  I can tell him a place in DC,

        19       there's a big black wall.  There's a miniature

        20       of it in Sullivan County; he doesn't live far

        21       from it.  He can go there and make an apology

        22       to those who never made it home.

        23                  To those of you who made it home,

        24       I'm very proud of you.  The best part of my

        25       life was serving 23 years on active duty, from



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         1       a private to a lieutenant colonel.  And on the

         2       way I met some of the most bravest, honest,

         3       dedicated, committed Americans, and they're

         4       just like you.

         5                  Thank you, and God bless you all.

         6                  (Applause.)

         7                  ACTING PRESIDENT VALESKY:    Thank

         8       you, Senator Larkin.

         9                  Senator Bonacic.

        10                  SENATOR BONACIC:    Thank you,

        11       Mr. Chairman.

        12                  This is one of the greatest days in

        13       our Senate chamber.  For many of us, it was an

        14       emotional weekend.  Many of us attended the

        15       Memorial Day celebrations and we honored those

        16       who made the ultimate sacrifice.  Today, I

        17       want to congratulate each and every one of our

        18       heroes that have come to this chamber on

        19       behalf of all of the members.  And you are now

        20       in our Senate Hall of Fame.

        21                  My particular hero -- and I would

        22       ask him to stand -- is Kevin Ryan, who is a

        23       Vietnam War veteran.  Kevin, please stand up.

        24                  (Applause.)

        25                  SENATOR BONACIC:    He is here with



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         1       his bride Martha of 42 years, who's behind me

         2       up in the gallery, his son Patrick, and Terry

         3       Breitenstein, who's the head of the Veterans'

         4       Service Agency of Ulster County.

         5                  I want to stress two quick points.

         6       Every veteran that is still alive today is my

         7       "American Idol."  That's number one.  And

         8       number two, we are honoring you today not only

         9       for your service in the different wars that

        10       you served, but the service that you give

        11       every day to veterans who need help and to

        12       people in your community.  You are still

        13       serving, you are still our heroes, and you are

        14       still my American Idol.

        15                  Thank you.

        16                  (Applause.)

        17                  ACTING PRESIDENT VALESKY:    Thank

        18       you, Senator Bonacic.

        19                  Senator Espada.

        20                  SENATOR ESPADA:    Thank you,

        21       Mr. President.

        22                  I too would like to exercise the

        23       privilege of the house and ask my honoree,

        24       Herb Barret, to please stand.  His son,

        25       Mr. Barret, is also upstairs.  Mr. Herb



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         1       Barret.

         2                  (Applause.)

         3                  SENATOR ESPADA:    I want to repeat

         4       what's been said about their heroism, but I

         5       know the time is limited.  I want to

         6       particularly thank Mr. Barret for his work at

         7       that Van Cortlandt Park in the Bronx and the

         8       development of a memorial there in tribute to

         9       World War II, Vietnam, Korean vets.

        10                  And his work, as the Senator just

        11       spoke, carries on on a daily basis.  Even

        12       yesterday, we spent some great time at the VA

        13       hospital, the VA hospital where my father, a

        14       Korean vet, could not be at.  He's at a

        15       nursing home.  We can't communicate; advanced

        16       dementia is his issue.  But the fact that I

        17       was there with other Korean veterans made me

        18       feel like I was with my dad, the fact that we

        19       were talking about the circumstances and the

        20       afflictions of the day.

        21                  In the early 1950s, my father did

        22       not serve with other Americans.  That is, he

        23       served directly from Puerto Rico, could not

        24       speak English, was brown-skinned, and was

        25       relegated to his battalion.  I think others



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         1       could speak to some of the issues of the day

         2       which resulted in behaviors now in our core

         3       beliefs now that we look back and say, Wow, we

         4       behaved like that then.

         5                  I just want to read from an

         6       editorial that appeared two days ago in El 

         7       Diario la Prensa, that we should look beyond

         8       the bargains, the commercialization of these

         9       holidays, that we should look to the

        10       devastation of war which is so widespread and

        11       so deep.  That we should look at the fact that

        12       in Iraq and Afghanistan we've lost some 5,000

        13       to 6,000 young men already.  Just a couple of

        14       weeks ago, Sergeant Edward Rivera was lost to

        15       us from New York City, on May 25th.

        16                  That the issue of post-traumatic

        17       disorder is real, is very real and persistent.

        18       That 26 percent increase in the suicide rate

        19       of some of our veterans, that the number of

        20       homelessness of our veterans that come back,

        21       the number of -- interestingly enough, the

        22       number of persons, 28,000, that continue to

        23       give service that are noncitizens of the

        24       United States of America.

        25                  I want to call attention to this



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         1       only because the freedom fighters that sit

         2       there, the honorees that sit there, braved up

         3       during the previous conflicts and wars.  They

         4       went into battle as one.  They planted the

         5       seeds that led to the intensity, the vigor

         6       that saw us through the civil rights movement

         7       of the '60s, that continue to propel us to

         8       great heights as a people.

         9                  Even today, we go into the calendar

        10       to deal with a Domestic Workers' Bill of

        11       Rights.  Later this year, and hopefully soon,

        12       we'll deal with farmworkers.  We deal with the

        13       issue of human rights and civil rights on an

        14       ongoing basis.  And these brave heroes went

        15       into war with the complexities that we live

        16       with ourselves, then and now.

        17                  But it was your efforts as warriors

        18       that make us better today.  That is, it wasn't

        19       a one-time shot.  It was an investment in how

        20       we as human beings evolved, how we continue to

        21       brave up, to imitate what you did so many

        22       years ago.  Today, we value those core values,

        23       we take them to heart, and it arms us with the

        24       ability to give justice to those who have

        25       none, to give voice to those who have none.



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         1       Thank you for your contributions, because they

         2       are everlasting.

         3                  Thank you so very much,

         4       Mr. President.

         5                  (Applause.)

         6                  ACTING PRESIDENT VALESKY:    Thank

         7       you, Senator Espada.

         8                  Senator Smith.

         9                  SENATOR SMITH:    Thank you very

        10       much, Mr. President.

        11                  Colleagues, today is a very special

        12       day, a day that, one, we want to obviously

        13       thank our colleagues in the Senate -- Senator

        14       Adams, Senator Andrea Stewart-Cousins -- for

        15       bringing to us something that from time to

        16       time, if we are honest with each other, we

        17       tend to forget.

        18                  You need to understand, my friends

        19       who have served in a conflict, there are just

        20       certain times in this chamber that we will

        21       pause our deliberation of the legislative

        22       business that we are charged to do and

        23       actually read an entire resolution.  That

        24       resolution is archived.  And just as the

        25       conflicts that you served in are part of



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         1       history, so too will this resolution be

         2       forever in the archives of the State Senate.

         3                  So your great-great-great

         4       grandchildren at any point in time, Lester

         5       Muse, will be able to go to the Internet, look

         6       up the day when we honored Mr. Wilkerson and

         7       said what we thought about the conflict that

         8       you were in.  Mr. Scherz, the uniform that you

         9       wear from World War II is one that many people

        10       have not seen in this chamber.

        11                  Each and every one of you served.

        12       And as I said to you earlier, the commitment

        13       that we made to you, every morning when you

        14       rose up, you didn't have the option of saying

        15       "I'm not going to go out on the battlefield,

        16       I'm not going to deal with this conflict

        17       today."  You couldn't tell your sergeant or

        18       your captain or your general that "I'm not

        19       going because I'm tired."

        20                  Well, Senator Adams talked about

        21       the conflict that you are now experiencing on

        22       this ground.  So our commitment to you, and I

        23       ask my colleagues to support this, is that we

        24       will make sure that every day that we get up

        25       and every day that we're on the floor of this



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         1       Senate, we will not exercise the option of

         2       discretion to not choose to deal with a bill

         3       or to deal with an issue that you had.

         4                  Our commitment is when you call, we

         5       will answer.  Our commitment is when you come

         6       to our office, you will see us.  Our

         7       commitment is when that bill comes to the

         8       floor, we will pass it.  Because just as you

         9       refused to and could not exercise the option

        10       of discretion not to serve that morning, we

        11       choose to take that same path.

        12                  We can't do what you did, because

        13       we were not there.  But if we can do just a

        14       little to show you our appreciation -- not

        15       just by having this resolution passed today,

        16       not by just archiving it so that it is here

        17       until the year 2050 and beyond, but to know

        18       that when you come to our office, when you

        19       call us on the phone, and when a bill that is

        20       on this schedule today that Senator Adams put

        21       forward comes up, we will pass it unanimously

        22       without question.

        23                  So I want to thank you for being

        24       here today.  I can't tell that I understand

        25       what you've been through, because I don't wake



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         1       up in the middle of the night with some of the

         2       challenges that your memory has.  What I can

         3       tell you is that as long as I have breath and

         4       as long as God has given me the opportunity to

         5       serve in this body, when something comes

         6       forward that is related to you, you can be

         7       assured I will be as forceful as you were when

         8       you were in that conflict.

         9                  So I want to thank you.  Know that

        10       I will continue to pray for you and your

        11       family.  And always know that I am here to

        12       serve you, along with our colleagues.

        13                  Thank you, and God bless.

        14                  (Applause.)

        15                  ACTING PRESIDENT VALESKY:    Thank

        16       you, Senator Smith.

        17                  Senator Griffo.

        18                  SENATOR GRIFFO:    Thank you,

        19       Mr. President.

        20                  Senator Adams said today that these

        21       fine individuals were greeted like rock stars.

        22       And they all started out really as everyday

        23       citizens who dedicated themselves to service

        24       to this great country, who did that with

        25       courage, with honor, and with distinction.



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         1       They went from everyday citizens to

         2       extraordinary individuals who are truly the

         3       heroes of this great country.

         4                  And I am honored today to have with

         5       me an individual who served in World War II.

         6       I'd like to ask Charles "Jeff" Scherz to

         7       please stand.  Jeff?

         8                  (Applause.)

         9                  SENATOR GRIFFO:    Jeff is a member

        10       of the U.S. Army, served during World War II

        11       under General Patton, was involved in D-Day

        12       and the Battle of the Bulge.  He really is a

        13       tremendous individual, not only in service to

        14       his country, but when he came out of the

        15       military, he served his community and was

        16       elected mayor of the Village of Boonville.

        17                  So to Jeff and to all of the

        18       veterans who are here today, so simply we can

        19       say thank you.  But I believe what is so

        20       important to each and every one of us is to

        21       continue to reflect what you all stood for and

        22       how you conducted your lives.  So we have an

        23       obligation and responsibility to continue to

        24       be attentive and responsive to veterans'

        25       issues and needs, to not only those who are



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         1       living but those who continue to serve.

         2                  And also I think all of us have an

         3       obligation and responsibility to live our

         4       lives with that same unabashed passion that

         5       you had for patriotism for this great country.

         6                  So to each and every one of you,

         7       thank you and God bless you.

         8                  (Applause.)

         9                  ACTING PRESIDENT VALESKY:    Thank

        10       you, Senator Griffo.

        11                  Senator Huntley.

        12                  SENATOR HUNTLEY:    Thank you,

        13       Mr. President.

        14                  Senator Bonacic said something that

        15       was very interesting.  He said Sunday and

        16       Monday were two days where we really realize

        17       what veterans mean.  Every year when we go for

        18       the laying of the wreath and to talk with

        19       family members, I think it just leaves

        20       basically a hole in your heart.

        21                  And yesterday as we were laying

        22       wreaths, you know, I was thinking about the

        23       young men and women who have died so that we

        24       could be free.  Because that's actually what

        25       it's about.  In this country we have the best



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         1       freedom system going that there is, and all

         2       because of the veterans.

         3                  I have a young man, Lester Muse.

         4       Please stand up.  He's my honoree.

         5                  (Applause.)

         6                  SENATOR HUNTLEY:    And he proudly,

         7       proudly wears a Purple Heart.

         8                  And he is a fantastic human being.

         9       He's director of my veterans affairs at my

        10       office.  I have a full veteran program.  And

        11       Lester Muse is the one that makes things

        12       happen.  And I want to publicly thank him for

        13       going beyond the call of duty, because that's

        14       who veterans are.  They don't know when to

        15       stop.  If there's a project, Lester goes on

        16       and on and he gets the job done.

        17                  His wife, Mrs. Muse, is up there.

        18       There she is.  Mrs. Muse, stand up.

        19                  (Applause.)

        20                  SENATOR HUNTLEY:    And I just want

        21       to tell you that today is a great day.  And I

        22       commend all you veterans.  And I also bring

        23       special greetings from my husband from the

        24       United States Marines.  He is a Marine -- you

        25       never say "was," he is -- and he brings



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         1       greetings also to all of you.

         2                  Thank you kindly for coming.

         3                  (Applause.)

         4                  ACTING PRESIDENT VALESKY:    Thank

         5       you, Senator Huntley.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.

         9                  I rise, along with my colleagues,

        10       to honor the gentlemen that are here today and

        11       to say thank you.  And first off, let me say

        12       thank you to Senator Adams and Senator

        13       Stewart-Cousins for making this day possible.

        14                  We say thank you around Memorial

        15       Day, but unfortunately we don't say thank you

        16       enough.  And I think at times like this we

        17       have to reflect on the sacrifices that were

        18       made by your brothers who never made it home

        19       and certainly for the deeds that you all

        20       performed.

        21                  Joseph Ceurter is my honoree today.

        22       And, Joe, would you please stand up?  I want

        23       to read --

        24                  (Applause.)

        25                  SENATOR LIBOUS:    Joe, please



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         1       stay.

         2                  I just want to read one paragraph,

         3       Mr. President, because I think this says it

         4       all, not only for what Mr. Ceurter gave but

         5       also for what his colleagues that sit before

         6       us and for what many others did so that we

         7       could stand here in this chamber and enjoy the

         8       freedoms and exercise the -- most of the

         9       time -- important debate and other times

        10       debate that kind of exercises the jaw.

        11                  But Joe Ceurter, in one brutal

        12       engagement with the Communist North Korean

        13       Army, a mortar shell exploded near him,

        14       knocking him unconscious.  Thinking he was

        15       dead, his unit was forced to retreat as the

        16       position was being overrun by the enemy.  Joe

        17       regained consciousness as he was being

        18       pummelled by the rifle butt of an enemy

        19       soldier, and he quickly leveled his rifle and

        20       killed his attacker.  Joe continued firing on

        21       the enemy soldiers, eventually forcing them to

        22       retreat.

        23                  Serving in the Korean War, Joseph

        24       Ceurter was awarded two Silver Star medals,

        25       two Bronze Star medals, five Purple Hearts for



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         1       his many heroic deeds in the service of our

         2       country.

         3                  Joe Ceurter, God bless you, and God

         4       bless your colleagues.

         5                  (Applause.)

         6                  ACTING PRESIDENT VALESKY:    Thank

         7       you, Senator Libous.

         8                  Senator Volker.

         9                  SENATOR VOLKER:    Mr. President,

        10       thank you, and thank you again to Senator

        11       Adams and Senator Stewart-Cousins for

        12       sponsoring this dedication.

        13                  The gentleman who is my honoree is,

        14       I believe, one of the older gentlemen, Stanley

        15       Rychlicki.  Stanley, would you stand?  Can you

        16       hear me, Stanley?

        17                  (Applause.)

        18                  SENATOR VOLKER:    Stanley was a

        19       staff sergeant.  And as you can see, he has a

        20       lot of battle ribbons.  He fought bravely in

        21       the Second World War.

        22                  It's ironic, because he is going to

        23       be 91.  My father-in-law, who was actually

        24       there in Europe at the same time, but fought

        25       with Patton -- and I'm hoping he's watching,



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         1       because my father-in-law is not really well.

         2       He lives with us because we refuse to put him

         3       in a nursing home, and we take care of him at

         4       home.  He's actually very sharp; it's just

         5       that he's hard to get around.

         6                  But when I look at Stanley, I think

         7       to myself -- by the way, he was jumping up and

         8       down before.  I think he has more energy than

         9       I have.  But he's a classic example of the

        10       kind of gentlemen -- and I mean gentleman --

        11       who have fought so many of our wars.

        12                  Stanley is from Caledonia,

        13       New York, which is Livingston County, from

        14       Western New York.  The people of his area are

        15       so proud of him.  And I want him to know I am

        16       so proud of him also.

        17                  So thank you, Stanley, so much for

        18       coming here and for what you did.

        19                  (Applause.)

        20                  MR. RYCHLICKI:    You're welcome!

        21                  (Laughter.)

        22                  ACTING PRESIDENT VALESKY:    Thank

        23       you, Senator Volker.

        24                  Senator Nozzolio.

        25                  SENATOR NOZZOLIO:    Thank you,



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         1       Mr. President and my colleagues.

         2                  The lives of the patriots, the

         3       American patriots who are chronicled here

         4       today are awe-inspiring.  We should invite

         5       them here each and every week, because this

         6       body benefits from the honor that's been

         7       bestowed to our country by the sacrifices of

         8       these wonderful veterans.  It is my honor to

         9       stand among you.

        10                  I wish to recognize the

        11       contributions of Rick Connors.  Rick, would

        12       you please stand?

        13                  (Applause.)

        14                  SENATOR NOZZOLIO:    Throughout his

        15       26 years of military service, Rick earned over

        16       15 medals, with a number of commendations for

        17       his service.  He served beginning in 1963, and

        18       through his active duty and through his time

        19       in the Reserves performed with great dignity

        20       and distinction in every capacity on behalf of

        21       his nation.

        22                  That we have benefited from Rick's

        23       service and all the service of all our

        24       veterans here.  I think Senator Larkin said it

        25       best:  As those who have given so much for our



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         1       nation so that we could enjoy the greatest

         2       standard of living, the greatest democracy in

         3       the history of the world, that freedom was

         4       because of your sacrifice, and we stand on

         5       your shoulders.

         6                  Rick Connors' 26 years of service

         7       would be enough, and his distinction in that

         8       capacity would be enough to have him be a

         9       member of our Military Service Hall of Fame.

        10       But Rick continues as an advocate for veterans

        11       across the greater Finger Lakes region, and

        12       Rick has taken on a responsibility as a

        13       spokesperson and as the leader of the Sampson

        14       Veterans Memorial Cemetery Committee, which is

        15       dedicated to constructing, on the location of

        16       hallowed ground in the Finger Lakes region, in

        17       the heart of the Finger Lakes region, a place

        18       of a hundred acres among a larger place where

        19       during World War II and in preparation for

        20       every battle that has taken place from the

        21       World War II conflict to today, 750,000 air

        22       men and sailors train at the Sampson Naval

        23       Base and then the Sampson Air Force Base.

        24                  That base is being turned into the

        25       Sampson Veterans Memorial Cemetery, which will



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         1       be a lasting memorial to the service of all

         2       veterans.  All veterans are welcome to lie

         3       there as a final resting place.  It is a

         4       beautiful location.  It's hallowed ground

         5       where many who trained there fought to serve

         6       their nation and never returned home after

         7       that training and encounter.

         8                  But Rick is president of the

         9       Sampson Cemetery, and that he is working very

        10       hard, along with hundreds of other veterans

        11       from across our state and nation who are

        12       trying to establish and have done great work

        13       and are ready to establish later this year a

        14       first-class, world-class veterans cemetery, a

        15       lasting permanent memorial to the sacrifices

        16       of all veterans.

        17                  Thank you, Rick, for your efforts.

        18       Thank you veterans all for making our nation a

        19       free and democratic place.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT VALESKY:

        22                  (Applause.)

        23                  ACTING PRESIDENT VALESKY:    Thank

        24       you, Senator Nozzolio.

        25                  Senator Breslin.



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         1                  SENATOR BRESLIN:    Thank you very

         2       much, Mr. President.

         3                  I first of all would like to thank

         4       Senator Adams and Senator Stewart-Cousins.

         5                  And I have two individuals.  One I

         6       share with Senator Libous, and that's Richard

         7       Pedro.  Would you stand?

         8                  (Applause.)

         9                  SENATOR BRESLIN:    Dick served in

        10       the Navy during World War II, from '44 to '47,

        11       in a very active way, and since that time has

        12       been involved in a tremendous amount of

        13       veterans activities spanning some fifty-plus

        14       years.

        15                  In addition to that, in 1984 he was

        16       named an adjutant, and has served, because of

        17       his professionalism, his honesty, and his

        18       participation in veterans' activities, from

        19       '84 to present.

        20                  We salute you, we salute everyone

        21       here for your service to your country.  Thank

        22       you.

        23                  (Applause.)

        24                  SENATOR BRESLIN:    And now I turn

        25       to a young woman.  That's Lillian Yonally.



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         1                  Would you stand, please, Lillian?

         2                  (Applause.)

         3                  SENATOR BRESLIN:    I won't mention

         4       how old you are, Lillian.

         5                  I will mention, though, a very

         6       secret time in U.S. history where Lillian was

         7       able to join really the Air Force, the Women's

         8       Service Aviation Unit, in World War II.  And

         9       she joined at 21.  She began flying when she

        10       was a teenager.

        11                  And during World War II, when

        12       pilots were going abroad, Lillian was here

        13       training additional pilots and taking the

        14       place of pilots.  Also, being up in planes,

        15       she was flying planes and acting as target

        16       practice for people who were training to go

        17       across to serve in war.

        18                  The men in the Air Force didn't

        19       want to acknowledge the role of women for fear

        20       that they would steal their thunder.  It does

        21       sound like a man, Shirley Huntley said.  Well,

        22       she was flying planes that were brand-new,

        23       that hadn't been tested -- she flew B-25s --

        24       and provided a tremendous service.

        25                  But then, near the end of the war,



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         1       rather than acknowledging women and their

         2       participation -- the Air Force was a little

         3       nervous, they didn't want the secret out --

         4       they disbanded.  And what they did was they

         5       allowed these women, when they disbanded,

         6       to -- they took their uniforms and had the

         7       women pay their way home.

         8                  And it wasn't until 1977 that our

         9       government and the Air Force recognized the

        10       great contributions that these women made.

        11                  And earlier this year, after

        12       legislation was passed with the intervention

        13       of President Obama, Lillian was presented with

        14       a Congressional Gold Medal Recognition Award

        15       for her service.  And, you know, to wait from

        16       World War II, with all those missions,

        17       training people, to wait to 1977 to be

        18       acknowledged for your participation in the war

        19       effort, and to sit silently by, is a great

        20       tribute to Lillian Yonally.

        21                  And it's my honor to have her here

        22       as my friend and a great participant in World

        23       War II and one of the Greatest Generation.

        24                  Thank you, Lillian.

        25                  (Applause.)



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         1                  ACTING PRESIDENT VALESKY:    Thank

         2       you, Senator Breslin.

         3                  Senator Alesi.

         4                  SENATOR ALESI:    Thank you,

         5       Mr. President.  On the resolution.

         6                  My colleagues, I thought I was

         7       ready to jump right in with my first sentence,

         8       but Senator Breslin just pulled me off track

         9       with his comments.  It made me think of my own

        10       mother, actually, who was in the service.  She

        11       was in the Army during World War II.  And so

        12       thank you for that moment, a pleasant memory.

        13                  I'd be proud to have sponsored and

        14       joined with any of the people that we're

        15       honoring today in the Hall of Fame.  A

        16       remarkable group, each with a remarkable

        17       story.  And what a recipe, if you take all of

        18       these marvelous ingredients we have, for the

        19       freedom that we enjoy in this country and who

        20       has served in what different era.

        21                  But today I have the pleasure of

        22       welcoming Colonel John Perrone.  John, would

        23       you just rise for a moment so that we could

        24       recognize you and thank you, along with

        25       others?



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         1                  (Applause.)

         2                  SENATOR ALESI:    We used to call

         3       him "Major" back home, but not for his service

         4       in the Army.  He had so many years in the

         5       sheriff's department, but as a major, finally.

         6                  What we came to know about John

         7       Perrone was that he has 35 years of combined

         8       service in the Reserves and Active.  But it

         9       wasn't until the Olympics in Salt Lake City

        10       that he was asked to return to active duty.

        11       And this is when we learned of his real

        12       expertise in things that we weren't paying

        13       much attention to.

        14                  And he was asked to serve as the

        15       antiterrorism chief for the Olympics in the

        16       U.S., in Salt Lake City, at a time when the

        17       world was welcoming people from many countries

        18       all over and we hadn't yet quite focused a

        19       whole lot on terrorism as we know it today

        20       until, while they were doing that, there was

        21       an attack on the World Trade Center.  And of

        22       course that brought a whole new dimension to

        23       homeland security.  And the things that we

        24       worried about then became weapons of mass

        25       destruction and other kinds of terrorism that



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         1       went way beyond normal conventional security.

         2                  Colonel Perrone was thrust into

         3       that whole scenario when he was at the Salt

         4       Lake City games, and later was asked to use

         5       his expertise and became, after the 9/11

         6       attacks, the Commander of Joint Operations at

         7       Guantanamo, where he oversaw 1200 men and

         8       women in uniform and 600 people that were

         9       detained at that high security and very

        10       dangerous place.  People that, as we know, had

        11       no good intentions towards the United States.

        12                  A very difficult position to be in,

        13       but one that drew upon the expertise, the

        14       singular expertise, in many instances, of John

        15       Perrone.  He was also, as a result of that,

        16       the principal advisor to the Department of

        17       Defense on all aspects of security operations.

        18                  So we think of our friends -- he's

        19       a neighbor, a friend.  He's joined today by

        20       his wife, Susanne, and his son, Michael, and

        21       good friends Debbie and Gene Caccamise --

        22       who's a Western New York Bricklayers'

        23       representative.  I wanted to make sure I get

        24       that in, Gene.

        25                  But most importantly, knowing John



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         1       as a neighbor and friend and someone that, if

         2       you look at everybody that we're honoring

         3       today -- regular, everyday Americans, until

         4       something exceptional happens in our lives and

         5       we look to someone else to take care of it for

         6       us.

         7                  And over the years and over the

         8       generations the people that we're honoring

         9       today -- the people that have served in so

        10       many different capacities, that have been

        11       willing to answer that call of duty and that

        12       have given us the sense of security -- are so

        13       well deserving of today's honor, I'm just so

        14       proud to be joining my colleagues in the

        15       Senate to recognize all of them.  And

        16       especially, for my purposes, my good friend

        17       Colonel John Perrone, and who is currently

        18       still serving, as the director of Homeland

        19       Security Management Institute.

        20                  So, ladies and gentlemen, Mom and

        21       Dad, I want to thank you again from the bottom

        22       of my heart, all of you and your families.  We

        23       have the honor of joining you, and I can't

        24       tell you how great an honor it is for me to be

        25       with you today.



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         1                  (Applause.)

         2                  ACTING PRESIDENT VALESKY:    Thank

         3       you, Senator Alesi.

         4                  Senator Golden.

         5                  SENATOR GOLDEN:    Thank you,

         6       Mr. President.

         7                  I too rise in honor of all of our

         8       vets here today and across this great nation

         9       and around the world.  And I have with me

        10       today a young man, Ruben Pratts, who -- stand

        11       up there Ruben -- ladies and gentlemen, he

        12       just finished yesterday putting on the

        13       143rd -- stay standing, Ruben, stay

        14       standing -- putting on the 143rd consecutive

        15       longest-running Memorial Day parade in the

        16       nation in Brooklyn yesterday, and had tens of

        17       thousands of people show up and thousands of

        18       veterans marched through Brooklyn.

        19                  You did a great job.

        20                  (Applause.)

        21                  SENATOR GOLDEN:    Ruben, after

        22       graduating high school, went into the Marine

        23       Corps.  In Thanksgiving of 1967, he was

        24       assigned to the III-MAF of the 1st Marine

        25       Division, 7th Engineer Battalion I Corps in



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         1       Da Nang in October of 1968 to December 3rd of

         2       1968, and then the 11th Marine Division and

         3       Engineer at Phu Bai.

         4                  While in Vietnam, he helped save a

         5       fellow Marine under sniper fire and had him

         6       evacuated.  One week later, as a result of the

         7       Tet offensive flare-up, Ruben was wounded

         8       while doing guard duty in the bunker.  And at

         9       the end of September, on patrol on Route 1,

        10       his truck was hit and he was wounded again

        11       alongside several other Marines and a killed

        12       in action.

        13                  What's so remarkable about Ruben,

        14       as he was removed from Vietnam and sent over

        15       to finish his time over in Hawaii before he

        16       was discharged, was his ability to put on that

        17       parade yesterday, but also that he's involved

        18       in Community Board 3, that he serves on the

        19       New York Health and Hospitals Woodhull Medical

        20       Center Auxiliary Board, the Local Precinct

        21       Council of the Police Department, the SRO

        22       Advisory Board, and he's also a member of two

        23       block associations and was the president of

        24       both of them.

        25                  What's also impressive about



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         1       Ruben -- I'm not even going to go into the

         2       number of medals that he received, because

         3       each of our vets received many medals up here

         4       today.  But I will tell you that Ruben today

         5       has devoted his time to cultural and ethnic

         6       associations, serving as the president of the

         7       National Federation of Puerto Rican Pioneers.

         8                  And he's also included the

         9       different organization he belongs to and risen

        10       in and served as an officer of:  The Military

        11       Order of the Purple Heart, the past New York

        12       State Commander -- twice -- Command Chapter

        13       405, Brooklyn, New York; Senior Vice

        14       Commandant, Marine Corps League 226, Disabled

        15       American Vets 154, Veterans of Foreign Wars,

        16       and currently Ruben serves on the United War

        17       Council and on the New York Memorial Day

        18       Parade Committee as Chief Street Marshal,

        19       which that was the Memorial Day Parade that he

        20       brought down Third Avenue just yesterday in

        21       Brooklyn.

        22                  This nation needs and our soldiers

        23       returning from service need the role models

        24       that are here -- like you, Ruben, and like the

        25       men that are right next to you that have



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         1       served our great nation -- they need that

         2       inspiration and that motivation to be able to

         3       go on and do the things that you have done and

         4       to stay involved in our communities and to get

         5       involved with our VFWs and our American

         6       Legions and our brick and mortar and to help

         7       to be part and to grow this great nation.

         8                  They have served so well, and it's

         9       important that we bring them in.  Over a

        10       thousand are dead today in Afghanistan,

        11       thousands in Iraq.  Fifteen hundred veterans

        12       die each and every day here in this nation,

        13       and many of them from World War I, World War

        14       II, Korea, Vietnam.  But some of them still

        15       are dying from Vietnam, from the effects of

        16       Vietnam.

        17                  We need to be able to take care of

        18       those returning.  We need to be able to make

        19       sure they get a good college education.  We

        20       need to be able to deal with post-traumatic

        21       stress so they have the ability to live a good

        22       life and a good quality of life here in this

        23       great nation.

        24                  You guys have made those

        25       commitments.  And we've got to continue,



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         1       continue to drive and give the ability for

         2       those young men and women to get the jobs they

         3       need and to have the futures that they require

         4       to live in this great nation.  You guys have

         5       done that.  You've given them that

         6       opportunity.

         7                  Continue to be those role models.

         8       Continue as we as this great State Senate up

         9       here try to bring those rules and laws and

        10       regulations together so that we can make it

        11       easier for our men and women as they return so

        12       that they get that good quality of life.

        13                  Thank you for your service.  Thank

        14       you for your service to this nation and to our

        15       communities.  God bless you.

        16                  (Applause.)

        17                  ACTING PRESIDENT VALESKY:    Thank

        18       you, Senator Golden.

        19                  Senator Stewart-Cousins.

        20                  SENATOR STEWART-COUSINS:    Thank

        21       you.  Thank you, Mr. President.

        22                  It is certainly an honor to rise

        23       and to address these wonderful patriots and

        24       citizens, those who have given so much and

        25       continue to this day to give.



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         1                  I want to thank Senator Adams

         2       because I did get a chance to cosponsor today,

         3       only because I knew it was time.  I saw my

         4       first induction into the Senate Hall of Fame

         5       before I was elected, and I was impressed and

         6       honored that the Senate would have such a Hall

         7       of Fame.  And since I've been a Senator, I've

         8       had the opportunity to induct people on a

         9       yearly basis.  But I wondered how many of my

        10       colleagues actually took advantage of

        11       congratulating our veterans publicly.

        12                  And although most probably did, I

        13       thought and Senator Adams thought it would be

        14       wonderful if we could, this year, bring you

        15       all up here and tell you collectively and

        16       personally how grateful we are that you have

        17       given so much to us.  And not just send things

        18       down to our districts, but to bring you here

        19       so that you know that the connection between

        20       you and this legislative body is unbreakable,

        21       and to let you know that who you are is the

        22       essence of what we are.

        23                  The reason why we don't have any

        24       debates about this is because you made it

        25       possible for us to have this.  We can debate



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         1       bills because you fight for freedom.  We

         2       understand that you are the reason that we do

         3       what we do.  So yes, we have an open and

         4       listening ear, and a commitment to you to work

         5       on making it the best America it could be.

         6                  And for my own honoree, Eli

         7       Vetrano -- Eli, would you like to stand?

         8                  (Applause.)

         9                  SENATOR STEWART-COUSINS:    Many of

        10       us, I'm sure all of my colleagues went to

        11       Memorial Day services and recognitions.  And

        12       Eli, in the City of Yonkers, has been behind

        13       every single one for decades.

        14                  He spent two years in the Army,

        15       1950 to '52.  What's most remarkable about Eli

        16       is that he never stopped being a soldier.  And

        17       when he came home, he spent every moment not

        18       only reaffirming what it was he knew to be

        19       true, but making sure everyone else understood

        20       what it was that patriots such as our veterans

        21       do for our country.

        22                  Eli has been affiliated with the

        23       American Legion for more than 15 years.  He

        24       served as the commander of the Donald Konrade

        25       Post 1954 for 16 years.  Chairman of the



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         1       Central Committee of War Veterans of Yonkers.

         2       He's also the chairman of something called

         3       "Color Me Proud," and that is taking to our

         4       schools pictures, flags, and making sure that

         5       our children get involved.

         6                  Eli made sure that the Dignity

         7       Memorial honoring our Vietnam vets came to

         8       Yonkers, and he made sure that Yonkers had a

         9       huge monument to Gold Star mothers so that we

        10       understand the sacrifice of the families of

        11       people who don't return from the war.

        12                  I could go on and on about what Eli

        13       means.  Because Eli understands that by

        14       reaching everyone where they are, the next

        15       generation -- now he's also in our veterans

        16       agency making sure that people returning have

        17       what they need -- that we best serve our

        18       country and best serve the memory of those who

        19       have paid the ultimate price.

        20                  I thank you all for your enduring

        21       commitment to our country.  I thank you for

        22       taking time out of your schedule to come here

        23       to be part of this humble celebration.  And I

        24       thank you again for just being you.  We honor

        25       you.  God bless you.  Thank you.



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         1                  (Applause.)

         2                  ACTING PRESIDENT VALESKY:    Thank

         3       you, Senator Stewart-Cousins.

         4                  Senator Foley.

         5                  SENATOR FOLEY:    Thank you,

         6       Mr. President.

         7                  On behalf of the constituents of

         8       the 3rd Senatorial District, I'd like to thank

         9       all the veterans who are being honored here

        10       today.

        11                  As has been mentioned yesterday and

        12       throughout last weekend, Memorial Day weekend,

        13       it was one of the great responsibilities that

        14       we have as elected officials to participate in

        15       those particular events.  As I said throughout

        16       the weekend, and it's even true today, the

        17       Memorial Day services are services that unify

        18       us as Americans, that unify us as citizens of

        19       New York and in the respective communities

        20       that we live in.

        21                  It's that sense of unity and that

        22       sense of purpose which is why we're here today

        23       to honor, through our Senate Hall of Fame, the

        24       many veterans who are here within the chamber.

        25                  One who is not in the chamber but



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         1       was here earlier is the honoree from the 3rd

         2       Senatorial District, Sam Stahlman.  Sam

         3       Stahlman has been a constituent and a family

         4       friend for many, many years.  He served in the

         5       United States Army, the Infantry Division.  He

         6       enlisted, as a matter of fact, at the age of

         7       17.  He took part in the European theater of

         8       war.  As a matter of fact, he was among the

         9       early waves of the Normandy invasion and also

        10       took part in the Battle of Bastogne.

        11                  And although Sam was wounded in the

        12       Battle of Bastogne, and in fact received the

        13       Purple Heart, he went on to other battles

        14       throughout that particular war where he

        15       received the Purple Heart, where he received

        16       twice the Bronze Star, and where his division

        17       also received the Presidential Citation two

        18       times.  But what he's most proud of, ladies

        19       and gentlemen, is the fact that he received

        20       the Combat Infantry Badge, which he wore very

        21       proudly for all the Veteran Day services for

        22       these many years.

        23                  So Sam Stahlman is the honoree

        24       within the 3rd Senatorial District.  We honor

        25       him today.  We also honor all of our veterans



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         1       who are here today to say thank you, you mean

         2       the world to us, and this is one way that we

         3       can show our appreciation.

         4                  Thank you, Mr. President.

         5                  (Applause.)

         6                  ACTING PRESIDENT VALESKY:    Thank

         7       you, Senator Foley.

         8                  Senator Oppenheimer.

         9                  SENATOR OPPENHEIMER:    Thank you.

        10                  I think we all honor our veterans

        11       because we know in our hearts and in our minds

        12       that freedom isn't free.  And you are the

        13       folks that paid the price for the freedom that

        14       we enjoy.  And so whenever we are able to say

        15       exactly what is on our minds in public, or any

        16       variety of things -- where this democracy

        17       permits us to pretty much say and do anything

        18       except overthrow the government -- we

        19       recognize that these freedoms are there

        20       because of our Constitution and because you

        21       went to war to protect those freedoms for us.

        22                  But I'm here today for -- actually,

        23       he's my second most favorite veteran.  My

        24       first most favorite veteran is my father.  But

        25       after my father comes Ron Tocci.  Ron Tocci,



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         1       would you stand?

         2                  (Applause.)

         3                  SENATOR OPPENHEIMER:    And of

         4       course in this chamber this man needs

         5       absolutely no introduction.

         6                  Where to start?  You know, I have a

         7       two-page summary of all the things that Ron

         8       has done for the veterans of this state.  I

         9       for some reason thought we weren't going to be

        10       able to speak, so I left it on my desk in the

        11       office.  But I will tell you a few things that

        12       I know very personally because we're neighbors

        13       and live close to each other.

        14                  Ron served in Korea.  But when he

        15       came back, his mind was still with the people

        16       he had served with.  And he was thinking and

        17       thinking about how he could do more for the

        18       people that had served that maybe hadn't

        19       received the kind of welcome and support that

        20       they needed when they came back.

        21                  So what Ron did is he, oh, starting

        22       in the mid-'60s, maybe early '70s, he got

        23       elected to our Westchester County Board of

        24       legislators.  And he was a very active

        25       legislator on behalf really of everyone.  And



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         1       because of his fine record, he was then

         2       elected to the New York State Assembly in

         3       1984.  He and I won -- I won for the Senate,

         4       he won for the Assembly in that same election.

         5       And we had a good time campaigning together.

         6                  Well, once Ron got into state

         7       government, he was seriously pursuing all his

         8       interests in how best can I help veterans.

         9       And within a few years, he became the chair of

        10       the Assembly Standing Committee on Veterans

        11       Affairs.  And from that place he had a real

        12       podium on which to develop legislation, find

        13       out what was needed by veterans all around

        14       this state.

        15                  And he did.  He moved around the

        16       state, everybody got to know him as the

        17       spokesperson for veterans, trying to seek out

        18       what was most needed by the veterans that had

        19       come back and needed assistance.

        20                  So then, after that -- we still

        21       have more -- he joined the administration, the

        22       Governor's administration, and he became the

        23       first Commissioner of Veterans Affairs in

        24       New York State, and he did that for several

        25       years.  And I think Ron stepped down about two



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         1       or three years ago.

         2                  And from that podium, he just did

         3       so much for the veterans in this state.  He

         4       opened four veterans homes all around the

         5       state.  He saw what needed to be done in

         6       education, what needed to be done in housing.

         7       He is about the best advocate, I think, for

         8       veterans that New York State has ever had.

         9                  And so I am very, very proud to be

        10       honoring Ron Tocci today, my dear friend and

        11       also a great advocate for veterans.

        12                  (Applause.)

        13                  ACTING PRESIDENT VALESKY:    Thank

        14       you, Senator Oppenheimer.

        15                  Senator Owen Johnson.

        16                  SENATOR OWEN JOHNSON:    Thank you,

        17       Mr. President.

        18                  I'd like to associate my views with

        19       those of others who have praised the honorees

        20       today.  We say they're here to be honored by

        21       us, but actually we're honored by their

        22       presence.  And we're very pleased that you're

        23       here.  We're very appreciative of your

        24       service.

        25                  My honoree today is Richard



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         1       Tibbetts.  He's a hero in his local community

         2       of Lindenhurst.  He led the Memorial Day

         3       parade yesterday, the day before.  And he

         4       served, he was called to duty by the U.S. Army

         5       in 1966, and he served until 1972 with the Big

         6       Red One Division, 1st Infantry Division.

         7                  For his service in Vietnam, he was

         8       awarded the Vietnam Service Medal with three

         9       Bronze Stars, Republic of Vietnam Campaign

        10       Medal, National Defense Service Medal, Combat

        11       Infantryman Badge, Sharpshooter Rifle Badge

        12       and a Purple Heart.

        13                  Upon his return to his community of

        14       Lindenhurst, he joined the Veterans of Foreign

        15       Wars, and he has been the commanding officer

        16       for almost 15 years.  Everyone in the

        17       community loves him.  He serves in the Town of

        18       Babylon Veterans CERT Committee where all the

        19       veterans post, very active in that.  And the

        20       quality of his leadership is he was just

        21       reelected again for commander.

        22                  As I said, he was the grand marshal

        23       of our parade and we're very proud of him and

        24       we're certainly happy that we have the

        25       opportunity to congratulate and commend him



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         1       today.

         2                  Thank you, Richard.

         3                  (Applause.)

         4                  ACTING PRESIDENT VALESKY:    Thank

         5       you Senator Johnson.

         6                  Senator Hannon.

         7                  SENATOR HANNON:    Thank you,

         8       Mr. President.

         9                  First of all, I am thrilled to be

        10       here today to hear of all of the exploits of

        11       you heroes.  It is just an amazing footnote to

        12       having Memorial Day yesterday, and I

        13       congratulate all of you.

        14                  I'm also thrilled to get a chance

        15       to speak about a gentleman who's been

        16       introducing me for over a decade at Memorial

        17       Day ceremonies in Garden City, and that's John

        18       C. Donovan.  I wonder if you'd stand.

        19                  (Applause.)

        20                  SENATOR HANNON:    Not only has

        21       Mr. Donovan been active and been a hero -- and

        22       I'll tell you about his medals -- but he has

        23       been the spark for keeping alive honoring

        24       those people who have served, died for our

        25       country.



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         1                  And I always think it's appropriate

         2       to participate in the ceremonies because after

         3       all, government had started, had made the

         4       decision, had committed a draft and committed

         5       people to war, and unless we so honor

         6       everybody who served, we have not done a good

         7       enough term as our job as public officials.

         8                  John Donovan is the recipient of

         9       several military awards:  The Bronze Star,

        10       Vietnam Service Medal, National Defense

        11       Service Medal, Republic of Vietnam Campaign

        12       Medal, Presidential Unit Citation, Meritorious

        13       Unit Citation, Overseas Combat Bars, and a

        14       Parachutist Badge, all in connection with

        15       serving in combat in the Vietnam War, '68 and

        16       '69.

        17                  He's also been the commander of the

        18       William Bradford Post in Garden City, which

        19       has embraced the parade, thousands of people

        20       coming out every Memorial Day.  And because

        21       Long Island, the middle of Nassau County is

        22       the heart of aviation -- Lindbergh took off

        23       just a short distance away, we had Mitchell

        24       Field, we had staging for all of World War I

        25       right from the plains of Hempstead, and at the



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         1       other end of my district we have Republic

         2       Aircraft, Republic Airfield now, which has the

         3       American Airpower Museum, where many flights

         4       were flown yesterday in memory of parachutists

         5       who had died.

         6                  Keeping the spirit, keeping the

         7       honor alive, holding the tradition of service

         8       to our country as a noble and just cause, we

         9       honor John inducted into the Hall of Fame

        10       today and honor all of you who are inducted

        11       because you have done great things for our

        12       country.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT VALESKY:

        15                  (Applause.)

        16                  ACTING PRESIDENT VALESKY:    Thank

        17       you, Senator Hannon.

        18                  Senator Saland.

        19                  SENATOR SALAND:    Thank you,

        20       Mr. President.

        21                  Mr. President, like all of my

        22       colleagues, I rise to express my gratitude and

        23       appreciation to each and every one of these

        24       distinguished members of our armed forces,

        25       each of whom in their own way has contributed



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         1       to bringing us to this very day.

         2                  Memorial Day certainly is a day

         3       upon which we pause and we reflect, and I'm

         4       sure each of these gentleman and ladies

         5       perhaps reflect more deeply than the rest of

         6       us on this particular Memorial holiday.  But

         7       we're here to recognize and add to our Hall of

         8       Fame each of these distinguished veterans.

         9                  I would like to recognize Ralph

        10       Kring.  Ralph, if you might rise.

        11                  (Applause.)

        12                  SENATOR SALAND:    I heard

        13       reference to what has now become part of our

        14       routine lexicon, which is "the Greatest

        15       Generation," thanks to Tom Brokaw.  And he is

        16       part of that Greatest Generation.

        17                  And upon graduation from Hudson

        18       High School in Columbia County in 1944, he

        19       enlisted and served in the Pacific, being in

        20       the Philippines and later stationed in Japan.

        21       Went in as a private, obviously, and came out

        22       as a sergeant.  Has been involved for decades

        23       with the Veterans of Foreign Wars, rising to

        24       the position of post commander of the VFW in

        25       the Town of Ghent.



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         1                  And his contributions didn't stop

         2       merely with his service to his country and to

         3       his comrades in arms.  He's contributed

         4       mightily to his community.  And while he's

         5       been deeply involved with the VFW for decades

         6       since his joining in the aftermath of World

         7       War II, he and members of his family as well

         8       are deeply involved in our community.

         9                  And I think it's important to note

        10       that his wife, Florence, is here in the

        11       gallery, I believe, and his children are here.

        12       And his children served in the community, as

        13       does their dad.  They're certainly devoted to

        14       his principles of participation and patriotism

        15       and giving.

        16                  And in speaking with him a bit

        17       earlier, his youngest son is currently

        18       completing a tour in Iraq, where he is serving

        19       as a sergeant, Sergeant Mark David Kring, and

        20       he and his family look forward to the

        21       conclusion of his one-year tour and his return

        22       home within the next couple of weeks.

        23                  So God bless you for your service,

        24       Ralph, God bless certainly your son for his,

        25       and God bless all of you for your



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         1       contributions to this great nation.  You

         2       probably have done more for us than we can

         3       ever do for you.  And we welcome you and thank

         4       you for participating in the ceremony.

         5                  (Applause.)

         6                  ACTING PRESIDENT VALESKY:    Thank

         7       you, Senator Saland.

         8                  Senator Thompson.

         9                  SENATOR THOMPSON:    Yes, it's with

        10       great privilege and honor that today I

        11       nominate Captain Matthew Ryan to the New York

        12       State Senate Veterans Hall of Fame, from the

        13       60th District.

        14                  Would you be kind enough to stand

        15       up?

        16                  (Applause.)

        17                  SENATOR THOMPSON:    I support the

        18       nomination of Captain Matthew Ryan to the

        19       New York State Veterans Hall of Fame for many

        20       reasons.  Captain Ryan has placed himself in

        21       harm's way during several tours of duty,

        22       including Iraq and Afghanistan.  He stood

        23       watch at Ground Zero following the 9/11

        24       attacks.  Because of his dedication and

        25       leadership, Captain Ryan has been awarded the



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         1       Bronze Star, the Army Achievement Medal and

         2       campaign ribbons for Iraq and Afghanistan.  He

         3       continues to serve his country as a commander

         4       with the HHT 2nd 101st Calvary.

         5                  When Captain Ryan is not somewhere

         6       in the world keeping America safe, he can be

         7       found putting his leadership skills to use in

         8       the classroom.  He's a Spanish teacher at

         9       Grover Cleveland High School in Buffalo,

        10       New York.  Ryan is an Army-certified linguist

        11       who speaks over nine languages.

        12                  If we could put our hands together

        13       one more time for him.

        14                  (Applause.)

        15                  ACTING PRESIDENT VALESKY:    Thank

        16       you, Senator Thompson.

        17                  Senator Fuschillo.

        18                  SENATOR FUSCHILLO:    Thank you,

        19       Mr. President.  I rise to join with my

        20       colleagues to salute these distinguished men

        21       and women.

        22                  Every single day the national

        23       media, when we turn on the news at 6 o'clock,

        24       show us or they try to show us what's wrong

        25       with America.  Let me introduce somebody to



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         1       you that makes America right, and that's

         2       Marine veteran Robert Tom Riordan.

         3                  (Applause.)

         4                  SENATOR FUSCHILLO:    Tom is a man

         5       who has -- a very simple man who walks around

         6       our community and has dedicated every single

         7       day of his life to help veterans, whether it's

         8       the VA hospital out in Northport or his own

         9       post in Merrick, where he served as the

        10       commander for a number of years.  He's been a

        11       member there for over 20 years.  But every

        12       single day he thinks about how he can make a

        13       veteran's life better.

        14                  You know, yesterday I saw him at

        15       his best, as chairman of the Memorial Day

        16       parade in my hometown community in Merrick.

        17       When I approached the parade, I saw him gather

        18       his troops, and I looked at the men and women

        19       with their battle scars and aging.  Their

        20       pants were so neatly pressed, their shoes were

        21       shined, their jackets so neat, their ties were

        22       perfect as they matched down the double yellow

        23       line on my hometown on Main Street.  They

        24       didn't sway left or right, they kept going

        25       down the street so perfectly.  And the crowd



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         1       of over 2,000 people gave them the salute, the

         2       applause, the just recognition that they

         3       deserve.

         4                  And, Tom, I've always respected and

         5       admired you for your work, but most

         6       importantly, I respect you as a human being

         7       who's done so much for our community and so

         8       much for this nation.

         9                  Tom is joined by his wife,

        10       Margaret.  They have three children and

        11       10 grandchildren that occupy some of their

        12       time when he's not in the command.

        13                  Tom, thank you and God bless you.

        14                  (Applause.)

        15                  ACTING PRESIDENT VALESKY:    Thank

        16       you, Senator Fuschillo.

        17                  Senator Ranzenhofer.

        18                  SENATOR RANZENHOFER:    Thank you,

        19       Mr. President.

        20                  I'm proud today to join with my

        21       Senate colleagues in welcoming you all here to

        22       the New York State Senate and also

        23       congratulating you on your entry into the

        24       Veterans Hall of Fame.

        25                  One of the things which is very



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         1       interesting as I sit here and listen to all

         2       the other speakers -- and they've all been so

         3       eloquent -- is that whether you served in

         4       World War II or Korea or Vietnam, Iraq,

         5       Afghanistan, is what you have done after your

         6       military service as well.  Obviously there are

         7       many who have made the ultimate sacrifice, and

         8       you've all gallantly served our country.  But

         9       after coming back to our country, your lives

        10       did not stop there.  You continued to serve

        11       our community.

        12                  With that, I'd like to introduce my

        13       nominee, who Senator Larkin also recognized

        14       earlier, but I would like Dr. Patrick Welch to

        15       stand up, please, again.

        16                  (Applause.)

        17                  SENATOR RANZENHOFER:    Patrick,

        18       thank you for joining us today.

        19                  I've known Patrick for a number of

        20       years, and I think Dr. Welch really typifies

        21       and exemplifies what each and every one of you

        22       have done.  And that is, after service -- and

        23       Pat was badly injured in Vietnam.  He was so

        24       badly injured it took him two years to

        25       rehabilitate from his wounds.



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         1                  But he carried on after that, he

         2       raised a family -- married 42 years, four

         3       children -- and one of his daughters, Deanna,

         4       is up here today from the Capital Region; she

         5       joins us.  Deanna, thank you for joining us,

         6       with your dad -- and went on to serve our

         7       community.

         8                  And I first got to know Patrick

         9       when he was recruited to serve as the Director

        10       of Veterans Affairs for Erie County.  And he

        11       took a department that had been squandering,

        12       to some effects, and really gave it a

        13       tremendous amount of leadership and advocacy.

        14                  And one of the things that I always

        15       remember in my encounters with Pat is we would

        16       conduct veteran outreaches into the community.

        17       And one of the things that Pat would say to

        18       veterans who have come home, when they were

        19       trying to find out what benefits were there

        20       for them, it wasn't what you were entitled

        21       to -- he did not view this as an entitlement,

        22       but he viewed this as something that you

        23       earned for your service.

        24                  And that is the way that he

        25       approached his job with Veterans Affairs.  He



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         1       was a real asset and still is a real asset to

         2       the community and, going out, would never

         3       hesitate to speak to any group to help any

         4       veteran, any veteran at any time with any

         5       problem that they had.

         6                  And he continued his advocacy.  As

         7       I was marching in my local Memorial Day

         8       parades, I was having this discussion with

         9       Pat, and Pat was down in Washington, D.C.,

        10       with the Rolling Thunder -- again, supporting

        11       veterans in our nation's capital.  So going

        12       from Buffalo to Washington, D.C., back to

        13       Buffalo, and then to be here today, Pat is

        14       always reaching out to help fellow veterans.

        15                  And I'm very pleased that Patrick

        16       is going to continue to serve our community

        17       with a new position at Daemon College --

        18       again, helping veterans, helping them and

        19       their families for all their service to the

        20       community.

        21                  So again, Patrick, with your

        22       colleagues, men and women, I want to thank you

        23       for your heroic and valiant service to our

        24       country and for your continued, continued

        25       service to our community and all the veterans



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         1       that serve.  Thank you again for joining us

         2       here today.

         3                  (Applause.)

         4                  ACTING PRESIDENT VALESKY:    Thank

         5       you, Senator Ranzenhofer.

         6                  At this point we will pause briefly

         7       during the consideration of this resolution so

         8       that the chair may recognize Senator Peralta

         9       for the purposes of a brief introduction of a

        10       group from his district.

        11                  Senator Peralta.

        12                  SENATOR PERALTA:    Thank you,

        13       Mr. President.

        14                  I rise today to welcome the

        15       students and faculty as well as Dr. Regina

        16       Carroll, the superintendent and CEO, of the

        17       Lexington School for the Deaf Center.  They're

        18       visiting us today in Albany.

        19                  And I wanted to just talk

        20       briefly -- if you could please stand -- I

        21       wanted to talk briefly about the Lexington

        22       School for the Deaf Center.  It has served the

        23       broader deaf and hard-of-hearing community of

        24       New York since 1964, over the last 146 years.

        25                  The Lexington School for the Deaf



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         1       and Center for the Deaf seeks to be an

         2       exemplary education service and research

         3       institution for the deaf and hard of hearing

         4       in New York City and the country.  It

         5       specializes in many different areas,

         6       collaborating with the deaf and hard of

         7       hearing to realize their full potential in

         8       both the deaf and hard-of-hearing worlds,

         9       working with individuals and their families of

        10       all ages, races, creeds, colors, ethnicities,

        11       languages, sexual preferences and

        12       socioeconomic situations; ensuring mastery of

        13       expressive and receptive communication skills

        14       by individuals at every point along the

        15       spectrum; designing, constructing and using

        16       evolving information technologies to the best

        17       of their advantages; and letting them become

        18       real leaders in our country.

        19                  Now, today they are here visiting

        20       Albany, but they're also here because they're

        21       celebrating the 11th Annual Basketball Classic

        22       Tournament, where they play against the

        23       New York State Assembly and the New York State

        24       Senate.

        25                  So before we welcome them, I want



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         1       to wish them much luck, much success in

         2       everything that they do in their life, but I

         3       would also wish them much luck and success

         4       tonight and will ask them one thing:  Please,

         5       please, please take it easy on the

         6       legislators, because they're not as young as

         7       you are.  Good luck tonight.

         8                  And please help me welcome the

         9       Lexington School for the Deaf.

        10                  (Applause.)

        11                  ACTING PRESIDENT VALESKY:    Thank

        12       you, Senator Peralta.

        13                  Thank you to our special guests who

        14       join us today, and good luck this evening.

        15                  Returning to the resolution at

        16       hand, Senator Hassell-Thompson.

        17                  SENATOR HASSELL-THOMPSON:    Thank

        18       you, Mr. President.  I rise to add my voice to

        19       those who are here today to honor those who

        20       have fought in all the wars and who have done

        21       so for the sake of freedom and democracy.

        22                  I would just like to quickly and

        23       briefly enter the name of my candidate for the

        24       Hall of Fame in the person of Jerry Wayne

        25       Williams, if he will stand.



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         1                  (Applause.)

         2                  SENATOR HASSELL-THOMPSON:    Jerry

         3       served in Southeast Asia for over two years.

         4       He served in the United States Air Force, on

         5       the Advisory Team 2-2.  He fought firefighting

         6       and rescue techniques to the Vietnam National

         7       Air Force.

         8                  When Jerry came home from Vietnam,

         9       he like many of the soldiers were not honored.

        10       It was not considered an honorable war.  For a

        11       very long time, Jerry did not want to accept

        12       honors and was embarrassed and uncomfortable.

        13                  Three years ago, he began to help

        14       me put together a ceremony commemorating Pearl

        15       Harbor Day.  And each year that breakfast has

        16       grown larger and larger.  And each year he has

        17       begun to come out and speak, and in the

        18       speaking he has begun to heal.  That's a

        19       process many of you are continuing to go

        20       through and probably will for all of your

        21       lives.

        22                  I needed to honor Jerry today

        23       because I needed him to know that serving

        24       honorably is what's important.  Not what the

        25       war is called, but what the service is.  And



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         1       to him and to all of you who have served today

         2       and who are being honored today, I thank you,

         3       I thank him for the democracy that allows me

         4       to raise my voice on this floor in the name of

         5       civil rights, in the name of human rights, and

         6       in the name of human dignity.

         7                  And thank you, Jerry, and thank all

         8       of you for your service today.

         9                  (Applause.)

        10                  ACTING PRESIDENT VALESKY:    Thank

        11       you, Senator Hassell-Thompson.

        12                  Senator Marcellino.

        13                  SENATOR MARCELLINO:    Thank you,

        14       Mr. President.

        15                  Like all of us in this chamber,

        16       this past weekend I attended several parades

        17       and functions throughout the district.  At one

        18       function in the Town of Huntington, which I

        19       represent in Suffolk County, there was a

        20       wreath-laying this past Sunday morning at the

        21       various monuments commemorating the different

        22       wars that this country has participated in,

        23       honoring the veterans who served.

        24                  One of the councilmen stood up and

        25       gave a speech and talked about a friend of his



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         1       who was discussing a job opportunity that he

         2       was interested in.  And it went something

         3       like:  "Well, you know, if they offer me the

         4       right amount of pay and I get the good travel

         5       expense account and I get my choice of a good

         6       place to live and I get a bonus and the

         7       vacation time is good, I may consider the

         8       job."

         9                  And I began to think about the

        10       veterans who, when they received the call from

        11       Selective Service or chose to volunteer on

        12       their own, I wonder how many of you men and

        13       women thought about the pay that you were

        14       going to get, thought about the vacation time

        15       you were going to be given and all those great

        16       places that you were going to be sent to, and

        17       how many of you were offered your choice of

        18       theater in which to serve your country.  I see

        19       from the looks on your faces, not too many.

        20                  Because that's the kind of

        21       individuals -- you didn't do it for the

        22       vacation time.  You certainly didn't do it for

        23       the pay.  And when called, you served.  You

        24       put yourselves in harm's way because there was

        25       a greater calling.  This country was in need,



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         1       and you went to do your part.  And you did it

         2       so well, and your comrades in arms have done

         3       it so well over the years that the freedoms

         4       that our forefathers -- and, according to my

         5       wife, our foremothers -- have stood for that

         6       they put in writing in our Declaration of

         7       Independence and our great Constitution, the

         8       only constitution, written constitution of its

         9       kind in the world that has survived, not been

        10       thrown out and thrown out and thrown out by

        11       every election or every circumstance going

        12       down the pike, like in many countries -- you

        13       did your jobs so well that we have those great

        14       freedoms.

        15                  And, as so many of my colleagues

        16       have said, that we can stand here and talk.

        17       We have the right of free religious beliefs.

        18       We have the right to say anything we please.

        19       We have the right to challenge our elected

        20       officials.  As a matter of fact, it's an

        21       obligation to do just that, to challenge.

        22                  You and your colleagues, men and

        23       women who put it on the line for this nation,

        24       preserved and protected those freedoms.

        25       You've maintained them.  This nation can never



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         1       do enough for you, can never say thank you

         2       enough for those great achievements.  It's not

         3       about the medals.  It's not about the pay,

         4       obviously.  It's about protecting this great

         5       nation and what it stands for.

         6                  You did that.  We will be ever

         7       grateful for that.  We will never be able to

         8       say thank you enough for that.  And your

         9       sacrifice that you've made for this great

        10       country is legend, and we'll keep it in our

        11       hearts forever.

        12                  I thank you for what you've done.

        13       I thank you for all the community work that

        14       you continue to do.  And may God bless each

        15       and every one of you and your families.

        16                  Thank you, Mr. President.

        17                  (Applause.)

        18                  ACTING PRESIDENT VALESKY:    Thank

        19       you, Senator Marcellino.

        20                  Senator McDonald.

        21                  SENATOR McDONALD:    Thank you,

        22       Mr. President.

        23                  My candidate, Thomas Sharpe, from

        24       Troy, New York -- U.S. Marine, Korean War --

        25       couldn't be here today.  His wife called me



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         1       this morning, and he was ill.

         2                  He is an amazing individual, like

         3       so many of you folks.  I see Ruben Pratts over

         4       there, who's a friend of my candidate.  A

         5       fellow from Troy and a fellow from Brooklyn.

         6       God bless you.

         7                  Mr. Sharpe is the head or was the

         8       commander and now is currently the treasurer

         9       for the National Purple Heart Foundation.  A

        10       young man of 17, he went in the military.

        11       Going to Korea with the 1st Marine Division,

        12       he had most of his chest shot off.

        13                  He came back.  He came back

        14       strongly.  It took him a while, but he came

        15       back to live a productive life, to work many

        16       years, to raise a family and not to forget the

        17       community that he came from or to forget the

        18       community of veterans that he loved so much.

        19       Whether it be his community or the veterans'

        20       causes, he is an illustration of what's good

        21       about these folks.

        22                  It's a special honor for me, as an

        23       Army Vietnam veteran, to look at you folks,

        24       the inspiration all over our state.  All I can

        25       tell you is I'm humbled and I'm so happy that



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         1       the New York State Senate has this program and

         2       that we all are so appreciative and respectful

         3       of what you've done for us.

         4                  And as I tell the crowds that I

         5       deal with on Memorial Days -- and it's

         6       especially significant for a Vietnam veteran

         7       to say this -- is that the men and women who

         8       serve us now and served us in the past do it

         9       for one reason.  They love us, and we love you

        10       back.

        11                  Thank you.

        12                  (Applause.)

        13                  ACTING PRESIDENT VALESKY:    Thank

        14       you, Senator McDonald.

        15                  Senator Flanagan.

        16                  SENATOR FLANAGAN:    Thank you,

        17       Mr. President.  I know the hour is getting

        18       late, but I wanted to get up and add my voice

        19       to my colleagues'.

        20                  And it's fascinating to listen to

        21       the stories and biographies, and I'll start

        22       with this.  You gentlemen and ladies are a

        23       model of patience, civility, good humor.

        24       Sometimes those are things that are lacking in

        25       the chamber that we work in.



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         1                  But I want to ask all of you

         2       collectively a favor.  I would like you to

         3       reenlist effective immediately --

         4                  (Laughter.)

         5                  SENATOR FLANAGAN:    -- because we

         6       need a heck of a lot of help with our state

         7       budget, and you look like the right group that

         8       could come in and take care of all kinds of

         9       different things that we need.

        10                  Yeah, see, Mr. Pratts' ready to go.

        11       The budget's a lot harder than that parade,

        12       though I know you did a great job.

        13                  My nominee here today is a

        14       gentleman from Hauppauge, Edward Borowski.

        15       And I just want to briefly talk about him.

        16                  (Applause.)

        17                  SENATOR FLANAGAN:    Mr. Borowski,

        18       it's great to see you here.  He's joined by a

        19       lot of members of his family, including my new

        20       friend Amanda, who is here enjoying her

        21       grandfather's day.

        22                  And I must add, too, that

        23       Mr. Borowski was nominated by his son Paul.

        24       And in expressing why he thought his father

        25       would be a good nominee, first of all he just



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         1       said that "I'm very proud to know that he's my

         2       father, and we're very proud of his

         3       patriotism."

         4                  But Mr. Borowski served in the

         5       United States Navy from 1942 to 1945,

         6       including service on the battleship Texas.

         7                  And many like many of my

         8       colleagues, including Senator Ranzenhofer who

         9       referenced this, it's your service after

        10       military time that continues to be exemplary.

        11       And I try and instill in my own children a

        12       sense of volunteerism that I think is lacking

        13       in many of our young men and women today.

        14                  But Mr. Borowski has acquitted

        15       himself quite well in many community endeavors

        16       for decades, decades.  He has established a

        17       scholarship in memory of his wife for the last

        18       10 years, extolling people who give exemplary

        19       community service.  But I'm going to focus in

        20       on one thing that he's done in particular,

        21       which I think speaks to all of you and to him

        22       individually.

        23                  When we talk about veterans, one of

        24       the better places in the State of New York is

        25       the Long Island State Veterans Home at Stony



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         1       Brook.  It's a very well run facility.  It is

         2       a state facility and it is well run because we

         3       have incredible volunteers like Mr. Borowski.

         4       Sixteen years he's been volunteering his time

         5       there.  And I can tell you, quite candidly,

         6       today he was lobbying me, telling me they need

         7       money for new elevators.  He was explaining

         8       why, and he was unabashed in his request.  But

         9       it was paralleled by his sincerity.

        10                  So I am very proud to join my

        11       colleagues and very proud to have a

        12       constituent here who I would like to honor,

        13       along with everyone else today.

        14                  Mr. Borowski, thank you for your

        15       service.  Congratulations.

        16                  (Applause.)

        17                  ACTING PRESIDENT VALESKY:    Thank

        18       you, Senator Flanagan.

        19                  Senator Dilan.

        20                  SENATOR DILAN:    Thank you very

        21       much, Mr. President.

        22                  First I rise to commend Senator

        23       Eric Adams and Senator Andrea Stewart-Cousins

        24       for having the vision and putting this event

        25       together.



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         1                  And secondly, to all the veterans,

         2       I want to say thank you for your service and

         3       for keeping and making America strong.  And

         4       God bless you all of you.

         5                  And lastly, I will be very brief

         6       because I know that my Hall of Famer has a

         7       6 o'clock train to catch.  My constituent and

         8       Hall of Famer is Sergeant "Rodeo" Rich

         9       Washington, if you'd like to stand up.

        10                  (Applause.)

        11                  SENATOR DILAN:    He served in the

        12       United States Army and served two years in

        13       Pusan, Korea, from April 1965 to April 1967.

        14       And Sergeant Washington was also in charge of

        15       the transport unit at the Port of Pusan.  He

        16       had about 20 military individuals under his

        17       supervision and about 200 civilian career

        18       staff there.

        19                  And I want to thank you for your

        20       service during the Vietnam era and also just

        21       to say thank you for continuing in all the

        22       organizations that are veteran-related.

        23                  And he is also an organizer of the

        24       Veterans Day Parade on Fifth Avenue, which is

        25       about 650,000 strong.  And also he has



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         1       indicated to me that, for the first time, this

         2       year the Veterans Day Parade will be

         3       televised, so we all can also enjoy it.

         4                  So God bless you, and all of you,

         5       and thank you very much.

         6                  (Applause.)

         7                  ACTING PRESIDENT VALESKY:    Thank

         8       you, Senator Dilan.

         9                  Senator Sampson.

        10                  SENATOR SAMPSON:    Thank you very

        11       much, Mr. President.

        12                  I just want to rise and thank my

        13       colleagues Senator Adams and Senator Andrea

        14       Stewart-Cousins for this resolution.

        15                  And I want to commend these

        16       veterans for being inducted in the New York

        17       State Senate Veterans Hall of Fame.

        18                  And I just have to thank you for

        19       the service that you have given to this

        20       country.  Thank you for the sacrifice that you

        21       went through to make sure that we in this

        22       chamber enjoy the freedoms that America has to

        23       offer.  It's people like yourself, veterans

        24       like yourself who have given us the safety and

        25       most of all the security that we need not only



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         1       in the past and present but also in the

         2       future.

         3                  So I just rise here today to just

         4       thank you from the bottom of my heart for all

         5       that you have done for us and continue to do

         6       for us.  And we just have to remember the way

         7       we honor our veterans is to not forget about

         8       them, but to provide you the same safety and

         9       security that you provided us during your

        10       years of service.  So when you come home, we

        11       have to reciprocate the same, making sure that

        12       what you did for us to give us that security

        13       does not go in vain.

        14                  Once again, thank you very much,

        15       and may God continue to bless you, your

        16       family, but most of all may God continue to

        17       bless America.

        18                  Thank you very much, Mr. President.

        19                  (Applause.)

        20                  ACTING PRESIDENT VALESKY:    Thank

        21       you, Senator Sampson.

        22                  Senator Onorato.

        23                  SENATOR ONORATO:    Thank you,

        24       Mr. President.  I rise too to join my

        25       colleagues in congratulating the honorees



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         1       here.

         2                  As a member -- every member of my

         3       family is a veteran.  My father was a veteran

         4       of World War I, my older brother, my two

         5       brothers older than me were in the Army, and

         6       two were in the Navy, and I was in the Army

         7       during the Korea.

         8                  And I heard all of your resumes

         9       that were placed upon you, and I'm truly

        10       amazed of your heroic feats in deservedly

        11       becoming Hall of Famers.  It's an honor well

        12       deserved.

        13                  And I really want to say a special

        14       thank you to one of my former colleagues from

        15       when we both served together in the Veterans

        16       Committee.  Ron Tocci was the chairman of the

        17       Veterans Committee, and I was the ranking

        18       member in the Senate, and we worked very, very

        19       closely to make sure that the veterans' rights

        20       were observed and taken care of.  And Ron is

        21       still continuing in that capacity.

        22                  And again, congratulations and God

        23       bless you all.

        24                  (Applause.)

        25                  ACTING PRESIDENT VALESKY:    Thank



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         1       you, Senator Onorato.

         2                  Senator Young.

         3                  SENATOR YOUNG:    Thank you,

         4       Mr. President.

         5                  I wish to extend my deepest, most

         6       heartfelt gratitude to all of our veterans for

         7       your service and your sacrifice on behalf of

         8       our great country.

         9                  And my veteran who's being

        10       recognized today is Frank Tracz of Olean.

        11       Frank is a World War II veteran.  He actually

        12       served during the Battle of the Bulge, and on

        13       December 16, 1944, he was involved in an epic

        14       battle.

        15                  Now, if you know anything about

        16       history, the Battle of the Bulge was the

        17       largest battle fought by the Americans during

        18       World War II.  The Americans lost 81,000 men.

        19       And it was fought over the winter months from

        20       1944 to 1945.  It was the last major offensive

        21       against the Nazis during World War II.  The

        22       Nazis and Hitler were trying to divide the

        23       Allied troops, they were trying to split them

        24       up as they were driving toward Germany.

        25                  And Frank was there.  Frank was



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         1       there, and he actually ended up being captured

         2       by the Germans and spent five months in a

         3       concentration camp in Germany.

         4                  You know, it's very urgent, I

         5       believe, every single day that we thank our

         6       veterans, but that we especially thank our

         7       World War II veterans.  They used to be

         8       16 million strong.  We are losing a thousand

         9       World War II veterans every single day.  It's

        10       estimated that there are only about 2 to

        11       2 million of them left in this country.  And

        12       that makes the case that we need to say thank

        13       you to them every single day, and we need to

        14       preserve their histories.

        15                  You know, what really struck me

        16       yesterday as I took part in Memorial Day

        17       ceremonies is that behind every person who

        18       served there's a human story, there's a story

        19       that needs to be told.  Your stories are being

        20       told today, and we're so grateful for your

        21       service, as I said.

        22                  But we need to make sure that we

        23       don't just think about people who serve our

        24       great country as statistics.  You know,

        25       oftentimes we say, well, so many served, so



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         1       many were wounded, so many died.  There are

         2       human stories behind every single person, and

         3       we need to focus on that.

         4                  You know, Frank Tracz was part of

         5       that Greatest Generation, and he came back to

         6       Olean and he did what all of the veterans did

         7       at that time.  They rolled up their sleeves

         8       and they built our country.  And that's what

         9       Frank did.  Frank actually came back to Olean

        10       and he opened a restaurant that was very

        11       successful.

        12                  So we thank him for that, we thank

        13       all of you for that, for all that you've done

        14       for our country and to protect our freedom.

        15                  Thank you.

        16                  (Applause.)

        17                  ACTING PRESIDENT VALESKY:    Thank

        18       you, Senator Young.

        19                  The question is on the resolution

        20       All those in favor please signify by saying

        21       aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT VALESKY:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT VALESKY:    The

         2       resolution is adopted.

         3                  (Standing ovation.)

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Adams has indicated that he would like

         6       to open the resolution to cosponsorship.  Any

         7       member wishing not to sign on as a cosponsor

         8       of the resolution should notify the desk.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Mr. President,

        11       can you please recognize Senator Libous.  He

        12       has some guests in the gallery today.

        13                  ACTING PRESIDENT VALESKY:    One

        14       second, Senator Libous.

        15                  If we could just get a bit of order

        16       in the house, please, as our special guests

        17       leave.

        18                  Senator Libous.

        19                  SENATOR LIBOUS:    Thank you,

        20       Mr. President.

        21                  I have some special guests in the

        22       gallery, and I'm going to ask them to please

        23       stand.  I'm going to ask Ian, Travis, Jordan,

        24       Jacob and Andrew to stand, please.

        25                  These outstanding young individuals



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         1       are 13 years old.  They're from the Owego

         2       Apalachin Middle School, and they recently

         3       competed against almost a thousand other bands

         4       and school music programs throughout the

         5       country on VH1, the national Battle of the

         6       Bands contest, and they came in second.

         7                  And what makes them amazing, which

         8       ties into what the veterans do that we're

         9       honoring today, is many of the events that

        10       they do for the community.  And for instance,

        11       they do a tradition in serving the community

        12       by partnering with Angels Over Iraq and

        13       Afghanistan, a nonprofit organization --

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Libous, pardon the interruption.  It's

        16       a bit difficult to hear.

        17                  Gentlemen, if we could keep the

        18       noise down just a bit, Senator Libous has some

        19       special guests in the balcony that he's

        20       attempting to introduce.

        21                  Thank you.  Thank you, Senator

        22       Libous.

        23                  SENATOR LIBOUS:    Thank you,

        24       Mr. President.

        25                  As I was saying, our young people



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         1       up here, one of the things that they do is

         2       they serve the community by partnering with

         3       Angels over Iraq and Afghanistan, a nonprofit

         4       organization which collects food and other

         5       goods for troops in Iraq and Afghanistan.

         6       They've also worked with Relay for Life, Rock

         7       Out for Polio.

         8                  And, Mr. President, I think one of

         9       the things that makes this group of young

        10       people -- they're the group Hover -- so

        11       special is that they're also excellent

        12       students.  Their grades are outstanding and

        13       extremely good.  And while they take the time

        14       for their musical talent, the whole concept of

        15       what they were doing was to promote music

        16       within our schools.

        17                  So I am very proud of them; they

        18       come from my district.  They're a talented

        19       group of young men.  And I wish them the very

        20       best.  And they serve as a role model for

        21       others of the teenage group that can move

        22       forward and show that our young people are

        23       very much on the ball today, their academic

        24       achievements are outstanding, and certainly

        25       their musical ability is just superb.



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         1                  Let's give them a big round of

         2       applause.

         3                  (Applause.)

         4                  ACTING PRESIDENT VALESKY:    Thank

         5       you, Senator Libous.

         6                  A very special welcome to our young

         7       musicians who are joining us this afternoon.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, I

        10       believe there's a resolution at the desk by

        11       Senator Peralta.  I ask that the title of the

        12       resolution be read and move for its immediate

        13       adoption.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Klein, has this resolution been deemed

        16       privileged and submitted by the office of the

        17       Temporary President?

        18                  SENATOR KLEIN:    Yes, it has,

        19       Mr. President.

        20                  ACTING PRESIDENT VALESKY:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Peralta, legislative resolution welcoming the

        24       students and faculty of the Lexington School

        25       for the Deaf/Center for the Deaf as they visit



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         1       Albany, New York, on June 1, 2010.

         2                  ACTING PRESIDENT VALESKY:    The

         3       question is on the resolution.  All in favor

         4       signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT VALESKY:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT VALESKY:    The

        10       resolution is adopted.

        11                  Senator Peralta had previously

        12       introduced the guests a few moments ago.  He

        13       has also indicated he would like to open the

        14       resolution for cosponsorship to the entire

        15       house.  Any Senator wishing not to cosponsor

        16       this resolution should notify the desk.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Mr. President, I

        19       believe there's a resolution at the desk by

        20       Senator Savino.  I ask that the title of the

        21       resolution be read and move for its immediate

        22       adoption.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Klein, has this resolution been deemed

        25       privileged and submitted by the office of the



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         1       Temporary President?

         2                  SENATOR KLEIN:    Yes, it has,

         3       Mr. President.

         4                  ACTING PRESIDENT VALESKY:    The

         5       Secretary will read.

         6                  THE SECRETARY:    By Senator

         7       Savino, legislative resolution honoring

         8       Outgoing President Andrew J. Windsor upon the

         9       occasion of his designation as a recipient of

        10       the 2010 Civic Award by the Bay Ridge

        11       Community Council.

        12                  ACTING PRESIDENT VALESKY:    The

        13       question is on the resolution.  All in favor

        14       signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT VALESKY:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT VALESKY:    The

        20       resolution is adopted.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Mr. President, I

        23       believe there's another resolution at the desk

        24       by Senator Savino.  I ask that the title of

        25       the resolution be read and move for its



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         1       immediate adoption.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Klein, has this resolution been deemed

         4       privileged and submitted by the office of the

         5       Temporary President?

         6                  SENATOR KLEIN:    Yes, it has,

         7       Mr. President.

         8                  ACTING PRESIDENT VALESKY:    The

         9       Secretary will read.

        10                  THE SECRETARY:    By Senator

        11       Savino, legislative resolution honoring Edmund

        12       J. Moderacki upon the occasion of his

        13       designation as a recipient of the 2010 Civic

        14       Award by the Bay Ridge Community Council.

        15                  ACTING PRESIDENT VALESKY:    The

        16       question is on the resolution.  All in favor

        17       signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT VALESKY:

        20       Opposed, nay.

        21                  (No response.)

        22                  ACTING PRESIDENT VALESKY:    The

        23       resolution is adopted.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President,



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         1       Senator Savino has another resolution at the

         2       desk.  I ask that the title of the resolution

         3       be read and move for its immediate adoption.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Klein, has this resolution been deemed

         6       privileged and submitted by the office of the

         7       Temporary President?

         8                  SENATOR KLEIN:    Yes, it has,

         9       Mr. President.

        10                  ACTING PRESIDENT VALESKY:    The

        11       Secretary will read.

        12                  THE SECRETARY:    By Senator

        13       Savino, legislative resolution honoring

        14       Maureen F. Stramka upon the occasion of her

        15       designation as a recipient of the 2010 Civic

        16       Award by the Bay Ridge Community Council.

        17                  ACTING PRESIDENT VALESKY:    The

        18       question is on the resolution.  All in favor

        19       signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT VALESKY:

        22       Opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT VALESKY:    The

        25       resolution is adopted.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President, I

         3       believe there's a resolution at the desk by

         4       Senator Maziarz.  I ask that the title of the

         5       resolution be read and move for its immediate

         6       adoption.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Klein, has this resolution been deemed

         9       privileged and submitted by the office of the

        10       Temporary President?

        11                  SENATOR KLEIN:

        12       Yes, it has, Mr. President.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Maziarz, legislative resolution honoring

        17       Barclay Elementary School upon the occasion of

        18       its designation as a recipient of the 2010

        19       School Library of the Year Award by the

        20       Rochester Regional Library Council.

        21                  ACTING PRESIDENT VALESKY:    The

        22       question is on the resolution.  All in favor

        23       signify by saying aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT VALESKY:



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         1       Opposed, nay.

         2                  (No response.)

         3                  ACTING PRESIDENT VALESKY:    The

         4       resolution is adopted.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, I

         7       move to recall Senate Resolution Number 4175,

         8       by Senator Foley, which was previously adopted

         9       by this house on March 9th.  I ask that the

        10       title of the resolution be read and allow

        11       Senator Foley to speak on his resolution.

        12                  ACTING PRESIDENT VALESKY:    The

        13       Secretary will read.

        14                  THE SECRETARY:    By Senator Foley,

        15       Legislative Resolution Number 4175, commending

        16       George Bloom upon the occasion of 40 years of

        17       distinguished service to Local 1104,

        18       Communication Workers of America, as he is

        19       honored by the Long Island Federation of Labor

        20       on March 4, 2010.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Foley, on the resolution.

        23                  SENATOR FOLEY:    Thank you,

        24       Mr. President.

        25                  I rise today to also salute George



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         1       Bloom for his great work over these past

         2       40 years in the labor movement.

         3                  George Bloom began his membership

         4       in the labor movement at the age of 16, when

         5       he joined the Bakery and Confectionary Workers

         6       Union and worked in a bagel shop.  At the same

         7       time, he took a job at McDonald's and, true to

         8       form, attempted to organize a union at his

         9       particular store.  And after the young union

        10       leader threatened a walkout, the employer only

        11       then began to treat the workers with respect

        12       and dignity.

        13                  In 1970, George Bloom began his

        14       career at New York Telephone as an installer,

        15       and in less than a year he was asked to become

        16       a shop steward.  In July 1971, George served

        17       as a picket captain when the Communication

        18       Workers of America went out on strike for

        19       seven months.  He later served as a picket

        20       captain during the historic 32-week strike

        21       against NYNEX in 1989.

        22                  George has continued to remain

        23       active in the Communication Workers of America

        24       Local 1104, most recently serving as its very

        25       able president.  Currently George is also on



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         1       the executive board of the Long Island

         2       Federation of Labor.  He was recently honored

         3       by that particular organization.

         4                  And we in the State Senate here

         5       today also want to thank him for his service,

         6       both in the labor movement as well as in a

         7       variety of local charities.  George Bloom is

         8       with us here today in the gallery.  We'd like

         9       to welcome him here today and congratulate him

        10       for his years of service both to our country

        11       as well as to the labor union.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT VALESKY:    Thank

        14       you, Senator Foley.

        15                  Senator Craig Johnson, on the

        16       resolution.

        17                  SENATOR CRAIG JOHNSON:    Thank you

        18       very much, Mr. President.

        19                  I just want to join my good friend

        20       Senator Foley in congratulating George Bloom

        21       on this award, and I thank you, Senator Foley,

        22       for sponsoring this resolution.

        23                  George has been an outstanding

        24       advocate on behalf of the CWA for a number of

        25       years and is an important leader of labor on



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         1       Long Island.

         2                  So, George, I congratulate you on

         3       this award.  And, Senator Foley, I thank you

         4       for sponsoring the resolution.

         5                  ACTING PRESIDENT VALESKY:    Thank

         6       you, Senator Johnson.

         7                  And welcome, Mr. Bloom, to the

         8       Senate chamber.  This resolution was

         9       unanimously adopted on March 9th.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President, at

        12       this time I move to recall Senate Resolution

        13       Number 5544, by Senator Hassell-Thompson,

        14       which was previously adopted on May 26th.  I

        15       ask that the title of the resolution be read

        16       and move for its immediate adoption and allow

        17       Senator Hassell-Thompson to speak on her

        18       resolution.

        19                  ACTING PRESIDENT VALESKY:    The

        20       Secretary will read.

        21                  THE SECRETARY:    By Senator

        22       Hassell-Thompson, Legislative Resolution

        23       Number 5544, memorializing Governor David A.

        24       Paterson to proclaim April 2010 as Parkinson's

        25       Disease Awareness Month in the State of



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         1       New York.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Hassell-Thompson, on the resolution.

         4                  SENATOR HASSELL-THOMPSON:    Thank

         5       you, Mr. President.  I appreciate you

         6       recalling this resolution to give me an

         7       opportunity to speak.

         8                  One of the things that's very

         9       interesting about Parkinson's disease is that

        10       it is a progressive disorder of the nervous

        11       system that affects movement.  And there are

        12       over 50,000 to 60,000 new cases of Parkinson's

        13       disease that are diagnosed each year, adding

        14       to the 1 million people who are currently

        15       living with this disease.

        16                  While greater strides have been

        17       made in the battle against Parkinson's, there

        18       is no cure.  It's a substantial health problem

        19       in the State of New York and throughout the

        20       United States, and it strikes 50 percent more

        21       men than women, with the average age of the

        22       onset being age 60.

        23                  The resolution talks extensively

        24       about many things, but the main thing, the

        25       reason that we're asking Governor Paterson to



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         1       call attention and create an awareness month

         2       is because this is a disease that's very quiet

         3       and silent in its onset.  And with the numbers

         4       of citizens every day who are becoming

         5       affected, we need to raise the awareness,

         6       raise the banners high in support of those who

         7       live with and work with this degenerating and

         8       progressive disorder.

         9                  So thank you, Mr. President, for

        10       giving me the opportunity to recall this

        11       resolution.

        12                  And there are a couple of employees

        13       that work for us here in the State of New York

        14       who are stricken with this disease but

        15       continue to work every day.  And so my hat

        16       goes off to them for their dedication and

        17       commitment to a work that is important to them

        18       with a disease that is debilitating more and

        19       more every day.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT VALESKY:    Thank

        22       you, Senator Hassell-Thompson.

        23                  As Senator Klein indicated, this

        24       resolution was previously adopted.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President, at

         2       this time can we please go to a reading of the

         3       calendar.

         4                  ACTING PRESIDENT VALESKY:    The

         5       Secretary will proceed with a reading of the

         6       noncontroversial calendar.

         7                  THE SECRETARY:    Calendar Number

         8       74, by Senator Klein, Senate Print 2490E, an

         9       act to amend the Correction Law.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the 60th day.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       87, by Senator Perkins, Senate Print 6248, an

        22       act to amend the Election Law.

        23                  ACTING PRESIDENT VALESKY:    Read

        24       the last section.

        25                  SENATOR LIBOUS:    Lay it aside.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       188, by Member of the Assembly O'Donnell,

         5       Assembly Print Number 5537A, an act to amend

         6       the Penal Law and others.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  SENATOR LIBOUS:    Lay it aside.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       196, by Senator Savino, Senate Print 2311D, an

        14       act to amend the Labor Law, the Executive Law

        15       and the Workers' Compensation Law.

        16                  SENATOR LIBOUS:    Lay it aside.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       365, by Senator L. Krueger, Senate Print

        21       3584B, an act to amend the Election Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  SENATOR LIBOUS:    Lay it aside.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       366, by Senator Addabbo, Senate Print 5447C,

         4       an act to amend the Election Law.

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       517, by Senator Onorato, Senate Print 2248A,

        10       an act to amend the Labor Law.

        11                  SENATOR LIBOUS:    Lay it aside.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       524, by Senator Breslin, Senate Print 6846, an

        16       act to amend the Executive Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT VALESKY:

        25       Announce the results.



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         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 524 are

         3       Senators O. Johnson, LaValle, Marcellino,

         4       Skelos and Young.  Also Senator Golden.

         5                  Ayes, 55.  Nays, 6.

         6                  ACTING PRESIDENT VALESKY:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       528, by Senator Addabbo, Senate Print 2866A,

        10       an act to amend the Election Law.

        11                  SENATOR LIBOUS:    Lay it aside.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       560, by Senator C. Kruger --

        16                  SENATOR KLEIN:    Lay the bill

        17       aside for the day, please.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside for the day.

        20                  THE SECRETARY:    Calendar Number

        21       565, by Senator Breslin, Senate Print 6763, an

        22       act to amend Chapter 405 of the Laws of 2005

        23       amending the Tax Law.

        24                  ACTING PRESIDENT VALESKY:    There

        25       is a home-rule message at the desk.



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         1                  Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT VALESKY:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       566, by Senator Thompson, Senate Print 6848,

        12       an act to amend the Public --

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       572, by Member of the Assembly Weinstein,

        18       Assembly Print Number 8392C, an act to amend

        19       the General Obligations Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 31.  This

        23       act shall take effect on the 30th day.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT VALESKY:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       574, by Senator Aubertine, Senate Print 7570,

         7       an act to amend the Domestic Relations Law and

         8       the Executive Law.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 3.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 61.

        17                  ACTING PRESIDENT VALESKY:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       581, by Senator L. Krueger, Senate Print 4784,

        21       an act to amend the Civil --

        22                  SENATOR LIBOUS:    Lay it aside.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is laid aside.

        25                  THE SECRETARY:    Calendar Number



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         1       603, by Senator Oppenheimer, Senate Print

         2       7635, an act to amend the Real Property Tax

         3       Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT VALESKY:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 61.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       629, by Senator Schneiderman, Senate Print

        16       7096A --

        17                  SENATOR LIBOUS:    Lay it aside.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is laid aside.

        20                  Senator Klein, that completes the

        21       reading of the noncontroversial calendar.

        22                  SENATOR KLEIN:    Mr. President,

        23       can we please go to a reading of the

        24       controversial calendar.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       Secretary will ring the bells.

         2                  Senators are asked to proceed to

         3       the chamber for the reading of the

         4       controversial calendar.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The Secretary will read.

         7                  THE SECRETARY:    Calendar Number

         8       87, by Senator Perkins, Senate Print 6248, an

         9       act to amend the Election Law.

        10                  SENATOR LIBOUS:    Read the last

        11       section.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Hearing no debate, the debate is closed.

        14                  The Secretary will ring the bells.

        15                  Members of the Republican minority,

        16       we haven't called a vote yet, so you're a

        17       little ahead of yourselves.  Just waving to

        18       say hi.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 19.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 87 are

         4       Senators Alesi, Bonacic, DeFrancisco, Farley,

         5       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         6       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         7       Libous, Little, Marcellino, Maziarz, McDonald,

         8       Nozzolio, Padavan, Ranzenhofer, Robach,

         9       Saland, Seward, Skelos, Volker, Winner and

        10       Young.

        11                  Ayes, 32.  Nays, 29.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The bill is passed.

        14                  I remind members that we're on the

        15       controversial calendar.  We have a lot of

        16       bills on the controversial calendar.  It will

        17       go a lot more smoothly if members stay in

        18       their seats for the controversial calendar.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       188, by Member of the Assembly O'Donnell,

        22       Assembly Print Number 5537A, an act to amend

        23       the Penal Law and others.

        24                  SENATOR LIBOUS:    Read the last

        25       section.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Debate is closed.  The Secretary will please

         3       ring the bell.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Padavan, why do you rise?

        12                  SENATOR PADAVAN:    Mr. President,

        13       is there a rule that during this period of

        14       voting a member should be in their seat?  Is

        15       there such a rule in this house?

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Let me consult the rules, Senator Padavan.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Mr. President,

        20       can we please lay the bill aside for the day.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       The roll call is withdrawn.  The bill is laid

        23       aside for the day.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       196, by Senator Savino, Senate Print --

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator LaValle, why do you rise?

         4                  SENATOR LaVALLE:    Senator Padavan

         5       asked a question.  I didn't hear the chair

         6       rule on his question whether a member had to

         7       be in their seat when voting.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Padavan or Senator LaValle, are you

        10       making a point of order?

        11                  SENATOR LaVALLE:    Yes.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator LaValle, I will consult the rules as

        14       we are reading the roll for the next bill and

        15       then I'll make sure I get you that answer.

        16                  SENATOR LaVALLE:    Yes, thank you.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       196, by Senator Savino, Senate Print 2311D, an

        21       act to amend the Labor Law, the Executive Law

        22       and the Workers' Compensation Law.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Lanza, why do you rise?

        25                  SENATOR LANZA:    On the bill.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Lanza, on the bill.

         3                  SENATOR LANZA:    Thank you,

         4       Mr. President.

         5                  First let me say that I know that

         6       domestic workers across this state are some of

         7       the finest, hardest-working and most

         8       compassionate neighbors we have here.  And I

         9       am fully supportive of all efforts to ensure

        10       that domestic workers are able to work with

        11       dignity, fairness, and in a safe environment.

        12                  And I very much wanted to stand

        13       here today in support of legislation that

        14       would ensure that those protections exist.  In

        15       fact, I worked with the sponsor of the bill,

        16       Senator Savino, and I commend her for her

        17       efforts and leadership here.  But as the bill

        18       stands, I have grave concerns with respect to

        19       certain provisions.

        20                  I don't think we should lump all

        21       employer/employee situations together.  My

        22       concern here is with respect to situations

        23       involving nannies and babysitters, situations

        24       involving children and families.  Families and

        25       homes are not businesses.  And I fully believe



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         1       that we can support the rights that we seek to

         2       afford domestic workers in a way that

         3       recognizes those differences.

         4                  And so you can understand where I'm

         5       coming from, I want you to know that it is my

         6       strongest belief that there is nothing more

         7       sacred than the family and nothing more sacred

         8       than the relationship between a parent and a

         9       child.  I will support a domestic workers'

        10       rights bill as long as it does not contradict

        11       and trump parental rights.  And I think in

        12       some respects this legislation does.

        13                  Let me tell you what I mean.  This

        14       bill would require -- and I believe create a

        15       cause of action, because there is civil and

        16       criminal liability here -- would require a

        17       parent in certain circumstances to explain,

        18       either to a government agency or someone else,

        19       why they seek to immediately terminate an

        20       employee that works alone in their home with

        21       their babies.

        22                  I don't think a parent should ever

        23       have to explain to anyone why they seek to end

        24       that relationship immediately.  I believe in

        25       parents' intuition when to comes to their



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         1       children.  And let me go a step further I

         2       especially believe in a woman's, a mother's

         3       intuition.  A mother should never be forced to

         4       question that intuition, and I think this

         5       legislation would make that happen.

         6                  Yes, I understand and I thank the

         7       sponsor Senator Savino for attempting to

         8       address this concern by changing the language

         9       requiring that only in the absence of good

        10       faith would that liability exist.  But I'm

        11       still gravely concerned that we require

        12       anything, any explanation.  Who is to

        13       determine when good faith is achieved?  To

        14       whom does the mother or the father need to

        15       explain the facts underlying their conclusion

        16       that they've arrived at good faith?

        17                  I think it's a very dangerous

        18       precedent.  We should never, never ignore a

        19       mother's intuition.  Now, I understand and

        20       I've heard the terrible stories of

        21       mistreatment when it comes to workers.  And

        22       that's why I want to be here in support of

        23       legislation that does something about that.

        24       And we can.  We can accomplish that in a way

        25       that appreciates and recognizes the



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         1       distinctions between a babysitting situation

         2       and another situation.

         3                  We can have different rules, maybe

         4       even only slightly different rules when it

         5       applies to babysitters and nannies.  Because

         6       for a parent, a child's safety comes first.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Diaz, why do you rise?

         9                  SENATOR DIAZ:    Would Senator

        10       Lanza accept a question from me?

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Lanza -- Senator Diaz, do you wish to

        13       ask Senator Lanza to yield for a question?

        14                  SENATOR DIAZ:    Yes, sir.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Lanza, do you yield to a question from

        17       Senator Diaz?

        18                  SENATOR LANZA:    I'd be glad to as

        19       soon as I'm finished.  And I'll be wrapping up

        20       briefly.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       So, Senator Diaz, please wait till Senator

        23       Lanza completes, and then he will yield.

        24                  Senator Lanza.

        25                  SENATOR LANZA:    Thank you.



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         1                  Now, there are many horror stories,

         2       as I said, with respect to mistreatment.

         3       So -- and again, I preface my statement by

         4       talking about what I believe to be the one of

         5       the greatest, most compassionate workforces

         6       out there.  But there are exceptions, and

         7       that's what I'm concerned about.

         8                  You've probably all seen those

         9       horror stories concerning abuse of children in

        10       the home, those undercover videos where we see

        11       the terrible mistreatment by a very few, a

        12       small minority of those who have been given

        13       the great responsibility of watching another's

        14       children.  Let me tell you how that comes

        15       about.

        16                  When does a parent put an

        17       undercover video in their child's nursery when

        18       they go to work?  When does a parent take the

        19       step to put a video camera in a peephole in

        20       their own home when they go to work?  In

        21       almost every situation, it is based upon the

        22       feeling of a mother, a woman's intuition when

        23       it comes to her child.

        24                  Now, we could talk about good faith

        25       all we want.  I could tell you that in a court



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         1       of law good faith needs to be proven with

         2       facts.  Questions would go along evidentiary

         3       lines, questions like did you see abuse, did

         4       you hear abuse, are there black-and-blues,

         5       what's the evidence.

         6                  But let me tell you the evidence in

         7       the majority of the cases where a mother took

         8       the draconian step to put a video camera in

         9       her own home.  It was a feeling, a look in the

        10       eye, of either her child or the employee, a

        11       feeling, a parent's intuition which caused

        12       them to take the further step of trying to

        13       confirm that intuition.  And we all have seen

        14       the horrible videos to know that more often

        15       than not, in my opinion, a mother's -- a

        16       parent's, but especially a mother's intuition

        17       is usually right.

        18                  And so while I understand that this

        19       situation could be avoided, a parent might

        20       have that feeling and decide to ignore, at

        21       their own peril, civil liability, criminal

        22       liability.  They might decide to ignore the

        23       provisions of this legislation.  Or they may

        24       say, "You're fired, but I'll pay you for two

        25       more weeks, even though you're not here and



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         1       I'll have to pay someone else to watch my

         2       baby."

         3                  And you know, I've heard the

         4       stories too that these are wealthy people

         5       taking advantage of not-so-wealthy people.

         6       Let me disabuse you all of that notion.  Let

         7       me talk about the people in my district who

         8       employ nannies in their homes.  They do so

         9       precisely because they are not wealthy.  They

        10       do so because in order to provide for their

        11       families, to pay the bills, they need to go

        12       out and get two jobs and three jobs and four

        13       jobs.  That's why they do it.

        14                  So I guess what I'm saying is we

        15       can do this, we can do it better, we can

        16       recognize the difference between the different

        17       roles and tasks that domestic workers take on

        18       all across this state.  But overriding all of

        19       that, we should never force a parent into the

        20       situation where they feel that it is in their

        21       economic interest or legal interest to ignore

        22       a feeling they have regarding their baby.  And

        23       I truly believe that this legislation will put

        24       mothers and fathers in that position across

        25       this state.



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         1                  So what I ask is that we take a

         2       step back, that we briefly go back to the

         3       drawing board.  I'm committed to working with

         4       the advocates and Senator Savino and all those

         5       who support to legislation to getting this

         6       right.  And we can do this, I promise our

         7       great domestic workers, and we can do this

         8       very quickly, in a way that protects domestic

         9       workers' rights and parent rights.

        10                  For that reason, Mr. President,

        11       I'll be voting no.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Savino, Senator Diaz did ask --

        14       Senator Lanza, will you yield for a question

        15       from Senator Diaz?

        16                  SENATOR LANZA:    Yes,

        17       Mr. President.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Diaz.

        20                  SENATOR DIAZ:    Thank you,

        21       Mr. President.

        22                  Senator Lanza, please correct me if

        23       I don't hear you right.  It is my house, it's

        24       my wife, it's my children, my child.  You're

        25       telling me that with this bill I would have no



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         1       power to decide I don't want this person in my

         2       house with my child or my children?

         3                  SENATOR LANZA:    Mr. President,

         4       through you, I think that you can -- and I

         5       don't think that there's any law, I hope, that

         6       we can draft that would require you to allow

         7       anyone in your home who you didn't wish to

         8       have there.

         9                  But under this legislation, I

        10       believe, first, there are certain things that

        11       you must do before that happens.  You need to

        12       continue to pay that person after you've asked

        13       them to leave.  If you're in the situation

        14       where you need to have a nanny, it means that

        15       you'll have to pay for another nanny, so

        16       you'll be paying for two, only getting one.

        17       Remember, the people in this situation are in

        18       this situation because they can't afford to be

        19       in another situation.

        20                  And I also believe, potentially,

        21       that you'll be called to explain --

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Savino, why do you rise?

        24                  SENATOR STAVISKY:    Thank you,

        25       Mr. President.



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         1                  Actually, I think it would be

         2       better if I answered the question for Senator

         3       Diaz, considering I am the sponsor of the bill

         4       and this is a section of the bill --

         5                  SENATOR LIBOUS:    Point of order,

         6       Mr. President.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Savino -- Senator Savino.

         9                  SENATOR SAVINO:    Yes?

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       While I certainly look forward to hearing your

        12       discussion on the bill, Senator Lanza has the

        13       floor.  Senator Diaz did ask him to yield for

        14       a question.  Senator Lanza is answering the

        15       question.

        16                  And I am sure momentarily you will

        17       have an opportunity to correct Senator Lanza

        18       if he's incorrect and provide an explanation,

        19       I'm sure a detailed explanation on the bill.

        20       But pursuant to the rules, Senator Lanza does

        21       have the floor.  And the only way is if he

        22       were to yield to you to answer the question.

        23       That's up to Senator Lanza.

        24                  SENATOR LANZA:    He said it,

        25       Senator.



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         1                  SENATOR SAVINO:    Thank you.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Lanza, you may continue.

         4                  SENATOR LANZA:    Thank you,

         5       Mr. President.  And I'll answer the question,

         6       and then Senator Diaz I'm sure is free to ask

         7       anyone in the chamber questions that he has.

         8                  And so you can ask that person to

         9       leave the home.  You do then have a further

        10       responsibility.  There is also the question of

        11       whether or not you'll be required to answer

        12       questions with respect to the decision you

        13       made.  And my position is that a parent should

        14       never be forced to answer to anyone when it

        15       comes to someone being alone with their child

        16       in their home.

        17                  And then there's the question of

        18       whether or not a cause of action may be

        19       created by this legislation.  And I'm not

        20       concluding that one is, but I'm not sure.

        21                  And all that, I think, goes toward

        22       creating a disincentive for a mother or a

        23       father to listen to their intuition.  Knowing

        24       that they may have to answer for the decision,

        25       there may be some liability, there's certainly



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         1       a cost with respect to that decision, I think

         2       all that may play toward causing some parents

         3       to think twice before they listen to their own

         4       feelings, and I think that's a bad precedent.

         5                  SENATOR DIAZ:    Would Senator

         6       Lanza yield for one more question, one last

         7       question.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Lanza, will you yield for one last

        10       question from Senator Diaz?

        11                  SENATOR LANZA:    Yes,

        12       Mr. President.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Lanza will yield, Senator Diaz.

        15                  SENATOR DIAZ:    Senator Lanza --

        16       thank you, Mr. President.  Senator Lanza, if I

        17       had someone working in my house and I suspect

        18       that the person is abusing, assaulting or

        19       doing something wrong to my baby, but I don't

        20       want to accuse the person -- I just don't want

        21       to say she's doing this or he's doing this --

        22       but my suspicion bothers me, so I want to tell

        23       that person "Go out now, forget about it,"

        24       could I be sued for that?  Or do I have to go

        25       and explain to someone the reason why and



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         1       accuse the person?  Would I be forced to

         2       accuse the person?

         3                  SENATOR LANZA:    Through you,

         4       Mr. President.  You know, Senator, I'm not

         5       sure.  And that's the problem I have with

         6       this.

         7                  We all have experienced the

         8       unintended consequences of legislation,

         9       especially in this field, the labor field,

        10       where I think good-intentioned legislation

        11       designed to protect workers sometimes allows

        12       for some -- yes, a few, but always too many --

        13       to game the system and that legislation.  And

        14       so that is my concern here.

        15                  And if that is what a parent

        16       believes, then I think the parent will be

        17       faced with a very conflicted course of action.

        18       Number one, because remember, when you

        19       question and you try to analyze a feeling or

        20       intuition when it comes a parent, it's not

        21       always evident.  You can't point to one thing

        22       or another.  It's not tangible, quite often.

        23       And so even a parent might say, maybe I'm

        24       getting it wrong on this one.

        25                  Today -- my grandfather used to



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         1       have an expression when it came to food:  When

         2       in doubt, throw it out.  Today, you might just

         3       follow it.  Because after all, the stakes are

         4       as high as they ever get in this life.  With

         5       this legislation, you might say, well, I may

         6       get sued, I may have to get hauled before some

         7       government agency and explain the cause, I may

         8       have to pay for a couple of weeks and get

         9       another nanny and pay that person.

        10                  So I think we're getting in the way

        11       of something that I think is an important

        12       impulse and something to which parents should

        13       be able to, the way they have for time

        14       immemorial, listened to and to heed.

        15       Especially, again, when it comes a woman's

        16       intuition, a mother's intuition.  I've seen

        17       it.  And let me just tell you, if my wife ever

        18       turned to me and said "I can't explain this,"

        19       and it's with respect to one of my babies,

        20       "but I have a bad feeling," that's enough.

        21       That's beyond a reasonable doubt, as far as

        22       I'm concerned.

        23                  I would never nor would I want

        24       anyone ever to be in a position where they

        25       felt it was important to question that.  And



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         1       that's the concern I have with this

         2       legislation.

         3                  SENATOR DIAZ:    Thank you.  Thank

         4       you, Mr. President.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Thank you.  Senator Savino, on the bill.

         7                  SENATOR SAVINO:    Thank you,

         8       Mr. President.

         9                  This was not exactly how I had

        10       anticipated this debate would begin on what is

        11       widely recognized as an historic moment in the

        12       New York State Senate, where we are going to

        13       take up and pass today the Domestic Workers'

        14       Bill of Rights -- the first Domestic Workers'

        15       Bill of Rights in the United States.

        16                  The women who are sitting up above

        17       us in the chamber on both sides are a small

        18       representative sample of the 200,000 domestic

        19       workers who work in our state seeing to it

        20       that our economy continues, taking care of our

        21       children, taking care of our elderly, taking

        22       care of our homes.  Their workplace is

        23       someone's home.  So yes, in fact, it is a

        24       place of employment.

        25                  But what they're doing is nothing



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         1       new for working people in the United States.

         2       You know, the concept of workers banding

         3       together for mutual aid and protection is not

         4       a new tradition.  In fact, it dates back to

         5       the medieval craft guilds when smithies and

         6       carpenters and masons banded together in an

         7       attempt to improve their working conditions.

         8       There's a 500-year history of the fight for

         9       workers' rights in this country.

        10                  And whenever they banded together

        11       for mutual aid and protection, there were

        12       always people who stood before them and

        13       against them and said "We can't afford to do

        14       this, we can't do this, we can't provide basic

        15       rights."  But yet and still, workers fought

        16       against it, and they rose.  They rose in

        17       places like Ludlow and Lawrence, the coal

        18       mines of West Virginia, the factories and the

        19       sweatshops of our urban centers, the shipyards

        20       of Brooklyn, the wharfs of San Francisco.

        21                  They were beaten down every step of

        22       the way -- beaten down by the courts and the

        23       legislatures, and still they rose; beaten down

        24       by cops and Pinkertons, and still they rose;

        25       industrialists and robber barons, and still



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         1       they rose.

         2                  And New York State assisted working

         3       people in their fight for justice in many ways

         4       long before the federal government ever acted.

         5       This state enacted the first child labor laws.

         6       This state enacted the first minimum wage law.

         7       This state enacted the first factory-worker

         8       protection laws.

         9                  And long after we did that, the

        10       federal government finally passed the National

        11       Labor Relations Act in 1935, when Franklin

        12       Delano Roosevelt, a former member of this

        13       body, enacted into law workplace protections

        14       for every worker in America, with the

        15       exception of two groups.  One, of course, is

        16       farmworkers, and the other was domestic

        17       workers.

        18                  The farmworkers have had some

        19       intermittent success in this country; not yet

        20       here in New York State.  But they have a

        21       Farmworkers' Bill of Rights in places like

        22       California and in other states.  But nowhere

        23       in America have we been able to enact a

        24       Domestic Workers' Bill of Rights.

        25                  And that invisible workforce that



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         1       we all take for granted, who take care of our

         2       children and our elderly and clean our houses,

         3       work every day without the basic protections

         4       that even our teenagers who work in McDonald's

         5       enjoy.

         6                  And what exactly are we affording

         7       to domestic workers, the invisible workers?

         8       We're giving them a day of rest.  Imagine

         9       that.  You know, the City of New York last

        10       month passed a piece of legislation granting

        11       carriage horses in Central Park two days of

        12       rest.  Are horses worth more than domestic

        13       workers?  I don't think so.

        14                  We're giving them paid holidays,

        15       just like every other worker in America gets,

        16       a paid holiday for New Year's and Christmas

        17       Day and Thanksgiving.  And the ability to

        18       waive that holiday and be paid overtime, just

        19       like every other worker in the United States

        20       enjoys.  Sick days and vacation days, just

        21       like every other worker.

        22                  We're giving them protection under

        23       the Human Rights Law.  They currently have

        24       none.  We're giving them protection under the

        25       Workers' Compensation Law.  They currently



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         1       have none.  We're giving them protection under

         2       unemployment insurance.  They currently have

         3       none.

         4                  And with respect to the issue that

         5       Senator Lanza raised -- he's right, he and I

         6       worked on this piece of language and worked on

         7       the language.  And I had thought that we had

         8       achieved something that he understood or was

         9       willing to support, but obviously he still has

        10       some concerns about it.  And I'm going to work

        11       with him and listen to those concerns.

        12                  Because this bill, while it's going

        13       to pass here in the New York State Senate

        14       today, doesn't have an exact match in the

        15       Assembly.  The Assembly bill is the weaker

        16       version.  The Senate is the ceiling, and the

        17       Assembly is the floor.  But because this house

        18       has always led with respect to protecting the

        19       rights of workers, it is appropriate that we

        20       put forth the better bill.

        21                  And the provision of the bill that

        22       Senator Lanza is concerned about and Senator

        23       Diaz has asked questions about relates to the

        24       notice of termination.  And the legislation

        25       says clearly that an employer must provide



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         1       14 days written notice of termination.  It

         2       will not apply, though, that 14-day written

         3       notice of termination does not apply if the

         4       employer reasonably believes in good faith

         5       that the domestic worker has committed

         6       assault, neglect or abuse at the place of

         7       business.

         8                  Now, yes, that employer would bear

         9       the burden of proof if that worker brought

        10       forward a claim.  But there is no obligation

        11       for you, Senator Diaz, to keep someone in your

        12       home that you feel is a danger to your child

        13       or anyone else in your home.  If you want to

        14       avoid having to bear the burden of proof if

        15       they bring the claim, all you need to do is

        16       provide them the two weeks' severance salary

        17       and tell them to leave your home at that

        18       modem.  So we allowed for that.

        19                  I listened and I met with as many

        20       members of this body as I could to address

        21       your concerns.  I spent more time trying to

        22       explain what a domestic worker wasn't, as you

        23       brought me every possible permutation of what

        24       you thought they were.

        25                  Senator Johnson addressed concerns



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         1       about au pairs.  We amended the bill to

         2       specifically state that au pairs are not

         3       covered because they are covered by federal

         4       law.

         5                  I met with Senator Lanza on his

         6       issue and I thought we had achieved language

         7       that he felt comfortable with.  Obviously, I

         8       was mistaken, and we're going to continue to

         9       reach out to him.

        10                  I explained to as many people as I

        11       could that domestic workers are not

        12       babysitters, they are not casual employees,

        13       they are not the woman who shows up to clean

        14       your house on Thursday and goes next door and

        15       cleans someone else's house on Friday.  They

        16       are not people who work for an agency who then

        17       come to your home.  They are not home

        18       healthcare attendees.  They are the invisible

        19       workforce that we depend upon.

        20                  And so today we have an opportunity

        21       to take our place in history again, to lead

        22       the way for the rest of America and establish

        23       the first Domestic Workers' Bill of Rights,

        24       finally allowing the invisible women to rise.

        25                  I sincerely hope all of you will



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         1       look up in the chamber and you will see the

         2       faces of these women and you will understand

         3       their plight and realize that those most basic

         4       protections that every one of us takes for

         5       granted, even our youthful workforce in

         6       McDonald's, they have none.

         7                  Here is our chance to do something,

         8       make this legislative session about

         9       eradicating 400 years of injustice, providing

        10       decency, respect and dignity to the invisible

        11       workforce.

        12                  Thank you.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Hassell-Thompson.

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Mr. President.

        17                  I had wanted to ask Senator Lanza

        18       while he still had the floor a question, if he

        19       will answer.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Lanza, will you yield for a question

        22       from Senator Hassell-Thompson?

        23                  SENATOR LANZA:    Yes,

        24       Mr. President.

        25                  SENATOR HASSELL-THOMPSON:    Just a



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         1       very brief question, thank you.  Through you,

         2       Mr. President.

         3                  I thought I heard you say that this

         4       bill would take away the right of a parent or

         5       anyone to be able to dismiss or terminate

         6       someone's employment as though that's not

         7       possible now.  Are you suggesting that even in

         8       absence of this law that you could not be

         9       taken to the labor board if someone worked in

        10       your home?  Is that correct?

        11                  SENATOR LANZA:    Through you,

        12       Mr. President.  I think it will certainly

        13       become more frequent to those who might want

        14       to game the system.  It will certainly be

        15       easier, with this legislation, to create a

        16       cause of action.  It will certainly be easier,

        17       with this legislation, to force a parent to

        18       answer questions about their decision.

        19                  And perhaps my position is an

        20       extreme one, in that I believe that a parent

        21       should never have to explain or give a reason,

        22       ever, with respect to the situation that I'm

        23       describing.

        24                  Can you do it now without this?  I

        25       don't think so.  People bring all sorts of



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         1       frivolous actions.  But I would hope -- it

         2       would seem to me, though, that that cause of

         3       action, in the absence of this law, would

         4       certainly be much weaker than it would with

         5       this law.

         6                  SENATOR HASSELL-THOMPSON:

         7       Through you, Mr. President, if the Senator

         8       would still yield.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Lanza, will you continue to yield?

        11                  SENATOR LANZA:    Yes,

        12       Mr. President.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Hassell-Thompson.

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Mr. President.

        17                  I'm little bit confused.  You're

        18       saying -- at least I hear you saying that this

        19       bill would strengthen the case and presume

        20       that the person who brings the case would win?

        21       Is that your assumption?

        22                  SENATOR LANZA:    Through you,

        23       Mr. President.  You can never speak with

        24       respect to an outcome or predict an outcome in

        25       any case, regardless of how strong a case may



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         1       appear to be from the outset.

         2                  What I'm saying is in this

         3       legislation it specifically places the burden

         4       on the parent to prove cause.  And so --

         5                  SENATOR HASSELL-THOMPSON:    I'm

         6       sorry, Mr. President.  Parent or employer?

         7                  SENATOR LANZA:    Well, I said --

         8       through you, Mr. President.  I said that there

         9       were different types of domestic worker

        10       employer/employee relationships.  I said I'm

        11       fine and I would like to be here supporting

        12       and ensuring that we create an opportunity for

        13       domestic workers to work with dignity,

        14       fairness and in a safe environment.

        15                  But I also believe that there's a

        16       distinction between the circumstance involving

        17       a domestic worker who is a nanny babysitting

        18       your child alone in your home when you're at

        19       work and a domestic worker performing other

        20       functions.  I think there's a distinction.

        21       And what I'm suggesting is that we should have

        22       legislation that recognizes that distinction.

        23                  So in the situation that I'm

        24       concerned with, the employer and the parent

        25       are one and the same, because that is the



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         1       situation that I'm talking about, where it is

         2       a single mom who's working and can't be home

         3       and needs a nanny, who might have a feeling

         4       and now needs to think about the ramifications

         5       or the repercussions for her to act on that

         6       feeling, whether it's a lawsuit, an expense.

         7                  And so that's what I'm concerned

         8       about here, specifically with respect to a

         9       situation between a worker and a parent's

        10       child.

        11                  SENATOR HASSELL-THOMPSON:    Thank

        12       you, Senator Lanza.

        13                  On the bill.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Hassell-Thompson, on the bill.

        16                  SENATOR HASSELL-THOMPSON:    Just

        17       very quickly.  Thank you, Mr. President.

        18                  I've listened to the concerns

        19       expressed by Senator Lanza.  And as someone

        20       who is a parent and now a grandparent, I can

        21       understand some of the concerns that he's

        22       expressing.

        23                  I think, however -- admittedly, I

        24       think he is going to an extreme.

        25       Particularly, he prefaces his statement by



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         1       saying that he thinks that all domestic

         2       workers and all workers are entitled to or

         3       should have dignity and respect and all those

         4       things -- and yet terminating someone's

         5       employment and being concerned about whether

         6       they have to answer for that termination or

         7       not, somehow that lacks respect if you believe

         8       that you don't have to respond.

         9                  I mean, most of our staffs work at

        10       our pleasure.  But even working at our

        11       pleasure does not disallow us from treating

        12       them in a respectful manner, including their

        13       termination.  So how people are given their

        14       exit notice is, to me, very critical, is very

        15       basic to what respect is really about.

        16                  I think that what this bill

        17       attempts to do is to take, as Senator Savino

        18       has clearly outlined, 400 years of a labor

        19       force who continues to work in our homes, be

        20       protective of our properties, our children,

        21       all those things that we hold sacred, and yet

        22       we don't think enough of them to want to give

        23       them the benefits that you would give to any

        24       other worker.

        25                  I can't see how we could say that



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         1       that's offering people dignity.  Anytime you

         2       don't pay people appropriately, that doesn't

         3       give them dignity.  Anytime they don't have

         4       work hours that are reasonable and respectful,

         5       that's not dignity.  And certainly it's not

         6       respectful of their needs.  In order to

         7       rejuvenate, you know, we need our own time

         8       off, our own space in order to be continue to

         9       function and to do a job well.  That's no less

        10       true of people who work as domestic workers.

        11                  There are many of us in these

        12       chambers, if we're not embarrassed to say so,

        13       that we've come from families that we were

        14       raised by people who were domestics who worked

        15       in somebody else's home and tried to do so

        16       with dignity when they were allowed to.

        17                  Paying people is a demonstration of

        18       dignity.  Paying them well is a clear signal

        19       that we think they deserve dignity.  And

        20       certainly giving them appropriate time off and

        21       vacation is an example of how we show dignity.

        22                  So if we're really interested in

        23       dignity, fairness and respect for the people

        24       who work for us, whatever their titles, then

        25       this bill becomes very important.  And thank



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         1       you, Senator Savino, for an industrious piece

         2       of legislation that I think we should be proud

         3       to pass in these chambers.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Bonacic.

         6                  SENATOR BONACIC:    Will the

         7       sponsor yield for a couple of questions.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Savino, Senator Bonacic is seeking for

        10       you to yield.

        11                  SENATOR SAVINO:    I will do my

        12       best, Senator Bonacic.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Savino will yield, Senator Bonacic.

        15                  SENATOR BONACIC:    Thank you,

        16       Senator Savino.  Just a couple of questions.

        17                  If I wanted to hire a domestic

        18       worker, are they required to have a criminal

        19       background check before they come into my

        20       home?

        21                  SENATOR SAVINO:    Under the

        22       legislation, we're not requiring that.  But

        23       you as an employer could institute that if you

        24       wanted to.

        25                  SENATOR BONACIC:    Right.  But my



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         1       point is --

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Bonacic, do you wish her to yield for

         4       another question?

         5                  SENATOR BONACIC:    Yes.  Through

         6       you, Mr. President, I'm going to ask a series

         7       of questions of the sponsor, and I'll take

         8       them one at a time and go through you.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Thank you, Senator Bonacic.

        11                  SENATOR BONACIC:    Will Senator

        12       Savino yield to another question?

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Savino, will you continue to yield?

        15                  SENATOR SAVINO:    Yes.

        16                  SENATOR BONACIC:    So there is no

        17       requirement to have a criminal background

        18       check for a domestic worker to come into my

        19       home unless I, the employer, elect to have

        20       one; is that correct?

        21                  SENATOR SAVINO:    That is correct.

        22       But that is consistent with most workplaces,

        23       unless you have established the practice of

        24       doing a criminal background check on your

        25       prospective employees, as some employers do.



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         1                  In addition, you could determine,

         2       as the prospective employer, that you'd like

         3       to have that person cleared through the State

         4       Central Registry for Child Abuse and Neglect

         5       or the Sex Offender Registry.  Whatever the

         6       standards that you determine for your

         7       workplace.

         8                  SENATOR BONACIC:    Okay.  Would

         9       you yield for another question?

        10                  SENATOR SAVINO:    Yes.

        11                  SENATOR BONACIC:    In speaking on

        12       the bill, you've talked about 200,000 domestic

        13       workers.  Can I ask you, where did you get

        14       that figure from?

        15                  SENATOR SAVINO:    The number is

        16       based upon the Domestic Workers United, which

        17       is an umbrella advocacy group that reaches out

        18       to domestic workers.  And that's their

        19       estimation that there are about 200,000.

        20       There in fact could be more.

        21                  SENATOR BONACIC:    Okay.  Do you

        22       know --

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Do you wish her to continue to yield, Senator

        25       Bonacic?



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         1                  SENATOR BONACIC:    Yes.  Excuse

         2       me.  Thank you for reminding me.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       You're welcome.

         5                  Senator Savino, do you wish --

         6                  SENATOR SAVINO:    Yes.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Bonacic, you may proceed.

         9                  SENATOR BONACIC:    Do you know

        10       what percentage of those workers are illegal

        11       immigrants?

        12                  SENATOR SAVINO:    I would assume

        13       that many of the domestic workers, because

        14       they are foreign-born, could potentially be

        15       undocumented workers.

        16                  SENATOR BONACIC:    Okay.  So --

        17                  SENATOR SAVINO:    Which is what

        18       makes them particularly vulnerable.  However,

        19       labor law applies to undocumented workers in

        20       New York State with respect to minimum wage

        21       standards and any of the other issues that

        22       apply to workers if you are employed by an

        23       employer.

        24                  SENATOR BONACIC:    Will Senator

        25       Savino yield to another question.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Savino, do you continue to yield?

         3                  SENATOR SAVINO:    Yes.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Bonacic.

         6                  SENATOR BONACIC:    You spoke on

         7       the bill about justice.  Do you believe that

         8       the pay that employers give to domestic

         9       workers now is greater than the pay they would

        10       be receiving in their country of origin, where

        11       they came from before they were deemed an

        12       illegal immigrant?

        13                  SENATOR SAVINO:    Well, one,

        14       Senator Bonacic, it's hard to answer that

        15       question because I'd have to know where every

        16       domestic worker came from and be aware of what

        17       the prevailing wage for a domestic worker in

        18       that country would be.  So I can't answer that

        19       question.

        20                  What I do know is, though, that

        21       we're not setting a wage floor in this bill.

        22       We were very cognizant of those concerns about

        23       not adding expenses onto families that are

        24       hiring domestic workers.  So we don't have a

        25       wage floor beyond the minimum wage.  Which, by



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         1       the way, they are required to pay.  If you do

         2       have a domestic worker, you're required to

         3       minimally pay the minimum wage.

         4                  The determination about how much

         5       you would pay that domestic worker would be

         6       made between the employer and the worker.  We

         7       are not requiring employees of domestic

         8       workers to provide health insurance.  We're

         9       cognizant of the cost of providing a single

        10       plan for a single employee.

        11                  So we're not establishing a wage

        12       floor, we're not requiring employers to pay

        13       anything more than what they agree to pay that

        14       domestic worker, as long as it is minimally

        15       the minimum wage of the State of New York.

        16       And if they work overtime, then to pay them

        17       what the Fair Labor Standards Act says must be

        18       applied, which is time and a half beyond

        19       40 hours a week.

        20                  SENATOR BONACIC:    Mr. President,

        21       will Senator Savino yield to another question?

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Savino, do you continue to yield?

        24                  SENATOR SAVINO:    Yes.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Senator Savino continues to yield.

         2                  SENATOR BONACIC:    Did you contact

         3       the Budget Office to get a fiscal impact on

         4       what the amount of workmen's compensation

         5       would be or a percentage of those domestic

         6       workers, 200,000 or more, and how it would

         7       affect the state and the businesses that would

         8       have to pay for it?

         9                  SENATOR SAVINO:    Through you,

        10       Mr. President, the State of New York's -- the

        11       fiscal impact on the State of New York would

        12       be minimal.  What we would be doing is

        13       requesting the Department of Labor to now

        14       enforce this law, as they enforce every other

        15       labor law that exists in the State of

        16       New York.

        17                  With respect to how much it would

        18       cost a prospective employer to cover for

        19       workers' compensation and unemployment

        20       insurance, that's set in statute.  They would

        21       be notified by the Department of Labor how

        22       much that would be.

        23                  For a single employee, it's a

        24       relatively small amount of money.  But I don't

        25       have the exact dollar amount.  For instance,



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         1       temporary disability insurance is about

         2       60 cents per week, and the entire cost can be

         3       passed through to the employee.

         4                  The cost of contributing to

         5       workers' compensation for a single employee is

         6       relatively small.  It could be done through

         7       the state's TDI.  And with respect to

         8       unemployment insurance, again, we're talking

         9       about a relatively small amount of money.

        10       Which could be deducted from the employee's

        11       paycheck as an offset.

        12                  SENATOR BONACIC:    Will Senator

        13       Savino continue to yield for another question?

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Savino, will you continue to yield?

        16                  SENATOR SAVINO:    Yes.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Savino continues to yield.

        19                  SENATOR BONACIC:    If there is a

        20       couple that hires a nanny for the week and

        21       that domestic worker or nanny becomes

        22       disabled -- hurts their back, spine injury --

        23       just so I understand the bill, and that

        24       domestic worker is permanently disabled,

        25       50 percent, 70 percent, does that family of



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         1       two have to pay those disability payments to

         2       that domestic worker so long as that domestic

         3       worker is permanently disabled?

         4                  SENATOR SAVINO:    Through you,

         5       Mr. President, just as with any other

         6       employee, if you have someone in your employee

         7       and they become disabled, their disability

         8       benefits would be paid out through the state's

         9       Temporary Disability Insurance Fund.

        10                  SENATOR BONACIC:    Out of the

        11       state fund.

        12                  SENATOR SAVINO:    Yes.

        13                  SENATOR BONACIC:    Okay.  Thank

        14       you.

        15                  SENATOR SAVINO:    Thank you.

        16                  SENATOR BONACIC:    On the bill.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Bonacic, on the bill.

        19                  SENATOR BONACIC:    Now, we all

        20       want to treat our employees fairly and

        21       humanely.  But what is disturbing to me in

        22       this discussion is that many of those domestic

        23       workers are in this country illegally, and now

        24       we are passing legislation to entitle them to

        25       workmen's comp benefits, disability benefits,



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         1       and all the labor rights -- from someone that

         2       should not be in this country legally.  And I

         3       find that disturbing.

         4                  The second point that I'd like to

         5       make, I think there can be a huge fiscal

         6       impact on our workmen's comp fund and our

         7       disability fund for a percentage of these

         8       employees who may get hurt.  We wish none of

         9       them get hurt.  But we know policemen,

        10       firemen, there's a percentage of 10,000 people

        11       that become disabled as part of natural

        12       occurrences.  I'm concerned with that.

        13                  And then if accidentally an

        14       innocent couple hires a criminal and they find

        15       something goes wrong, or they subsequently

        16       find out that person is a criminal but that

        17       domestic worker didn't do anything wrong while

        18       they were in their home, I've got to give them

        19       a two-week notice before they leave?  And if

        20       the domestic worker says, Hey, I may have been

        21       a criminal, but I didn't do anything wrong in

        22       your house so you don't have the right to let

        23       me go unless you give me two weeks' notice --

        24       I think we're lacking common sense here.

        25                  For many reasons, we should be



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         1       voting against this legislation.  But the most

         2       offensive is that we're giving rights to

         3       people that are in this country illegally, and

         4       I say that is wrong.  If you want to do that,

         5       give a referendum in November.  Let the people

         6       decide that of this state, and not do this

         7       back-door permanent rights of collective

         8       bargaining for illegal immigrants.

         9                  It's not to say they're bad people.

        10       I'm not saying they're bad people.  Let them

        11       go through the process of becoming a citizen

        12       and/or a green card to be here legally, and

        13       then give them the benefits.

        14                  So for that reason, I'm voting no

        15       with an exclamation point.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Senator Bonacic to be voting in the negative.

        18                  Senator Saland.

        19                  SENATOR SALAND:    Thank you,

        20       Mr. President.  Would Senator Savino yield?

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Savino, will you yield to Senator

        23       Saland for questions?

        24                  SENATOR SAVINO:    Yes, Senator

        25       Saland.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Saland, she'll yield.

         3                  SENATOR SALAND:    Senator Savino,

         4       in your exchange with Senator Bonacic did I

         5       hear you say that a parent would have the

         6       ability to do a criminal background check?

         7                  SENATOR SAVINO:    As any employer

         8       has the ability to establish conditions of

         9       pre-employment.

        10                  So if a parent -- Senator Saland,

        11       if a parent who decides to take on the

        12       services of a domestic worker to either be a

        13       nanny or a caregiver of an elderly person

        14       determines that as a condition of

        15       pre-employment in their home they want a

        16       criminal background check, they have the right

        17       to do that.  Just as any other employer does.

        18                  SENATOR SALAND:    Would Senator

        19       Savino continue to yield.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Savino, will you continue to yield?

        22                  SENATOR SAVINO:    Yes.

        23                  SENATOR SALAND:    If I'm such a

        24       parent, how would you suggest that I do that?

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Senator Savino.

         2                  SENATOR SAVINO:    Well, Senator

         3       Saland, I would imagine that if one wanted to

         4       do a criminal background check, they would

         5       consult with the Department of Labor to

         6       determine how other employers do it and then

         7       proceed in the same fashion.

         8                  SENATOR SALAND:    Thank you.

         9       Thank you, Senator Savino.

        10                  I'd like you to continue to

        11       yield -- well, I'll ask you another question

        12       and I'll come back to the other.

        13                  What is a casual laborer?

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Savino, will you continue to yield?

        16                  SENATOR SAVINO:    Excuse me?

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Savino, will you continue to yield?

        19                  SENATOR SALAND:    What is a casual

        20       laborer?

        21                  SENATOR SAVINO:    A casual laborer

        22       would be someone who shows up to clean your

        23       house on, say, a Tuesday.  They come every

        24       Tuesday.  And in between working for you, they

        25       also clean someone else's house.  So you don't



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         1       have -- it's not a primary employee/employer

         2       relationship.  You are not their sole

         3       employer.

         4                  We define what a domestic worker is

         5       in the bill as either a full-time employee of

         6       40 hours, minimally 40 hours, or 20 to 40

         7       hours, not working for someone else.

         8                  SENATOR SALAND:    Thank you.

         9       Senator Savino, if you'll continue to yield.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Savino --

        12                  SENATOR SAVINO:    Yes.

        13                  SENATOR SALAND:    On page 7 of

        14       your bill, at line 10, the current law reads

        15       that the term "employer" does not include the

        16       employment of domestic workers or casual

        17       laborers employed at the place of residence of

        18       his or her employer.

        19                  And you now change that language to

        20       say "includes the domestic workers employed at

        21       the place of residence of his or her

        22       employer," and you delete all reference to

        23       casual laborers.

        24                  Now, did they fall into an abyss?

        25       Are they covered by some thing, some body?



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         1       Because by deleting them, I would think it's

         2       implied that they now have some other status,

         3       and that status would be that they are now

         4       under the definition of what constitutes being

         5       an employer.

         6                  SENATOR SAVINO:    Hold on one

         7       second, Senator Saland, so I can read it.

         8                  Mr. President, through you.  So the

         9       section of the bill that you're referencing

        10       begins with the term "employer," includes the

        11       employment of domestic workers.  And we're

        12       striking out the section "does not include."

        13       Because prior to the establishment of this

        14       legislation, you could not --

        15                  SENATOR SALAND:    Could you excuse

        16       me, Senator Savino.

        17                  Would someone please shut off their

        18       cellphone?  Thank you.

        19                  SENATOR SAVINO:    Prior to the

        20       passage of the Domestic Workers' Bill of

        21       Rights, the concept of employment of a

        22       domestic worker was not covered by the law.

        23       So we are including domestic workers now -- an

        24       employer of a domestic worker as an

        25       employer -- and striking "casual laborer,"



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         1       which could refer to an individual such as a

         2       part-time housekeeper who only shows up

         3       intermittently, or perhaps someone who comes

         4       in to mow your lawn or things of that nature.

         5                  SENATOR SALAND:    Again, if you'll

         6       continue to yield.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Savino, do you continue to yield?

         9                  SENATOR SAVINO:    Yes.

        10                  SENATOR SALAND:    If that's the

        11       case, then what we've done is we've -- you

        12       have deleted reference to casual laborers as

        13       not being under the umbrella of employer.  But

        14       they have to go somewhere.  They have to be

        15       somewhere, they have to be picked up

        16       somewhere.

        17                  So should there not be another

        18       sentence, unless it's not your intention, that

        19       says that a casual laborer is still excluded

        20       from the definition of who shall be employed

        21       by an employer?

        22                  SENATOR SAVINO:    One second.

        23                  Mr. President, through you.  In

        24       consulting with my counsel here, originally

        25       this section of the law was a noninclusionary



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         1       section which outlined that domestic workers

         2       and casual laborers would not fit underneath

         3       this category.  So we are changing it to an

         4       inclusionary language now, to include domestic

         5       workers, but we're still omitting casual

         6       laborers.  Which were omitted under the

         7       original statute.

         8                  If that makes -- if that answers

         9       your question.

        10                  SENATOR SALAND:    Quite candidly,

        11       I don't think it does.  But thank you.

        12                  On the bill, Mr. President.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Saland, on the bill.

        15                  SENATOR SALAND:    With reference

        16       to this last point, which is a relatively

        17       minor point, but a point nonetheless, casual

        18       laborers have just gone into the abyss of I

        19       have no idea where or what -- I have no idea

        20       what their relationship is to an employer.

        21       The law was pretty clear before that they were

        22       excluded from terms and conditions of

        23       employment.  They've been deleted from the

        24       language that existed in the prior law.

        25                  And I would respectfully submit



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         1       that if it's Senator Savino's intention that

         2       they not be included or covered as she is now

         3       providing for domestic workers, that there be

         4       a sentence added to this particular

         5       paragraph -- or anyplace else she might think

         6       appropriate -- that makes it clear that casual

         7       laborers are not intended to be covered by the

         8       change that now she would have applied to

         9       domestic workers.

        10                  On the prior point with regard to

        11       fingerprinting -- I'm sorry, with regard to

        12       criminal background checks, the only way you

        13       can get a criminal background check is if you

        14       go through a fingerprinting process.  That's

        15       the only bona fide way of doing it.  That's

        16       what we require by law for purposes of doing

        17       criminal background checks on people who would

        18       want to get a license for one or another

        19       position, for people who are going to be

        20       working with children, in many instances.  We

        21       required that when we did criminal background

        22       checks on school employees.

        23                  The only way you can do it is you

        24       go through the FBI and the DCJS.  You cannot

        25       independently, without enabling legislation,



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         1       have the ability to get that authority.

         2                  So to say that a parent can do a

         3       criminal background check, you may be able to

         4       hire a private investigator if that's what you

         5       would like to do, and that private

         6       investigator may have the ability to give you

         7       some semblance of an investigation.  But you

         8       certainly cannot get the kind of criminal

         9       background check that's associated with

        10       getting a license or that's associated with

        11       different types of child protective

        12       employment.

        13                  And continuing on the bill, if I

        14       may, Mr. President, I'd like to revisit the

        15       point that was raised by Senator Lanza a bit

        16       earlier.

        17                  I -- and I believe I've mentioned

        18       on this floor on more than one occasion, I

        19       handled many child neglect and abuse cases for

        20       my county a number of years ago.  And while I

        21       appreciate the efforts of Senator Savino and

        22       Senator Lanza to work out language that would

        23       inure to the benefit of protecting children,

        24       we all know of stories -- and there are a

        25       myriad of them -- where a child is taken to an



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         1       emergency room under circumstances that can't

         2       fully be explained -- a broken bone, a burn,

         3       the child allegedly fell down the stairs, put

         4       his hand on a hot burner.

         5                  And these are among the reasons why

         6       we've required that reports be retrained for a

         7       much more extensive period of time than they

         8       once were, to see if there's any kind of

         9       history.

        10                  I would be deeply troubled to be

        11       placed in a situation -- and while I don't

        12       have children, I -- well, I do have children,

        13       they're adult children -- I don't have young

        14       children and wouldn't find myself in this

        15       situation, I do have four young grandchildren.

        16                  I would hate to see my children put

        17       in a position where they would be required, in

        18       order to have peace of mind, to effectively

        19       buy out somebody who they have reason to

        20       believe, and perhaps could not prove in a

        21       court of law and certainly under the burden of

        22       proof required here -- and reasonable, just

        23       the word "reasonable" is always a factual

        24       issue -- reasonable good faith is certainly

        25       always a question of fact.



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         1                  You're basically imposing upon the

         2       parent a burden of a litigation that they're

         3       not going to go through.  You're basically

         4       saying if you have reason to terminate

         5       somebody's employment under circumstances

         6       which you think are in the best interest --

         7       and here I'm referring to someone who's caring

         8       for a child -- of that child, you effectively

         9       have to buy out, buy out the person who you

        10       believe may be perpetrating some offense

        11       against your child.

        12                  Very similarly, if there are things

        13       that may be missing from your home and you

        14       can't say conclusively that somebody has taken

        15       them, again, you may be forced to buy someone

        16       out in order to get peace of mind that will

        17       make you feel as if your home is not being

        18       violated or your child is not being threatened

        19       or violated.

        20                  So, Mr. President, I intend to vote

        21       against this bill.  And I would ask that my

        22       colleagues, notwithstanding the laudable

        23       purpose of the bill, vote against the bill.

        24       And perhaps there's another version of the

        25       bill that can address some of these issues



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         1       that might in fact make it a bit more

         2       palatable and also a bit more protective.

         3                  Thank you, sir.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Thank you, Senator Saland.

         6                  Senator Schneiderman.

         7                  SENATOR SCHNEIDERMAN:    Thank you

         8       Mr. President.  I rise in support of this

         9       legislation --

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Schneiderman, on the bill?

        12                  SENATOR SCHNEIDERMAN:    On the

        13       bill, Mr. President.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Schneiderman, on the bill.

        16                  SENATOR SCHNEIDERMAN:    And I rise

        17       in support of this bill.  I want to thank

        18       Senator Savino and all the others who have

        19       worked on it.

        20                  And I want to take issue with some

        21       of my colleagues on a very basic aspect of

        22       this bill.

        23                  This legislation provides very

        24       basic, very minimal rights to a large class of

        25       workers who have been denied those rights.



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         1       The objections that we're hearing that relate

         2       to termination provisions deal with a very

         3       small portion of the bill and I believe have

         4       been misstated.

         5                  All workers, if you have a right,

         6       have a right to redress if your rights are

         7       wrongfully terminated.  The discussion about

         8       what happens when an employer wrongfully

         9       terminates an employee I think are taken out

        10       of context.

        11                  We're not saying, as has been made

        12       clear, you have to keep someone in your home.

        13       We're just saying that if you do not have --

        14       and I'm reading the language of the statute --

        15       a reasonable good faith belief that the

        16       employee has committed some misconduct, you

        17       have to pay them out.  This is a minimal

        18       penalty imposed on an employer who acts

        19       without a reasonable good-faith belief.

        20                  Ladies and gentlemen, we are taking

        21       talking about thousands and thousands of

        22       people who today are without any rights, who

        23       work long hours, who provide essential

        24       services.  You have to have a remedy where you

        25       have a right.  This bill provides a remedy if



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         1       your rights are violated.  There's no way

         2       around that, ladies and gentlemen.  You can't

         3       provides rights to domestic workers without

         4       providing a remedy for the violation of those

         5       rights.

         6                  This is simple justice, ladies and

         7       gentlemen.  It is justice that has long been

         8       denied.  And I assure you that this minimal

         9       set of rights, inasmuch as we're making

        10       history here, we're making history that should

        11       have been written a long time ago.  I'm sorry

        12       it's taken this long.

        13                  I'm glad we have so many people

        14       here who are advocates who came to my

        15       synagogue, B'nai Jeshurun; we had a great

        16       rally.  You've been rallying all over the

        17       State of New York.  I believe the

        18       overwhelming majority of the people of the

        19       State of New York recognize that simple

        20       justice must be done.

        21                  The provisions that have been cited

        22       over and over again by my colleagues really

        23       are something you must have to provide the

        24       meaning of rights.  If there's no remedy,

        25       there's no right.  This bill provides minimal



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         1       rights, it provides a minimal remedy.

         2                  Thank you, Senator Savino.  I hope

         3       everyone will vote for this bill, and I am

         4       proud to vote for it today, Mr. President.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Parker.

         7                  SENATOR PARKER:    On the bill.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Parker, on the bill.

        10                  SENATOR PARKER:    I rise also to

        11       support this bill.  Let me give my most

        12       heartfelt congratulations to Senator Savino

        13       for all her hard work and for preparing so

        14       well on this.

        15                  This is a long time coming.  This

        16       is not nearly even the last step, but a mere

        17       first step for what we need to do for workers

        18       and particularly domestic workers around this

        19       state.

        20                  I come from a district in Flatbush,

        21       East Flatbush, Midwood, Ditmas Park,

        22       Kensington and Boro Park, where we have a

        23       large number of domestic workers.  And I know

        24       that this will be an important piece of

        25       legislation that's really going to change



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         1       their lives, that's really going to give their

         2       life chances a big boost.

         3                  And it's really the kind of thing

         4       that we should have done really a long time

         5       ago.  As Senator Schneiderman indicated, this

         6       is, you know, a first and small step that we

         7       need to take, that these rights are really

         8       just some basic rights.  You know, what we're

         9       talking about here is, you know, not a golden

        10       parachute.  You know, this is not a Wall

        11       Street bailout, you know, CEO type of scenario

        12       here we're talking about.  We're just talking

        13       about some real basic things that everybody

        14       who works and who is engaged in the labor

        15       market ought to have access to.

        16                  And so I am glad that we're taking

        17       this step today.  I'm asking my colleagues

        18       across the aisle to join us in doing this

        19       important thing for all of our communities.  I

        20       know that some people are concerned about

        21       issues around immigration.  And it's

        22       interesting that, you know, no one is here

        23       saying we shouldn't be hiring people who are

        24       not citizens and people who are not -- you

        25       know, we should not be hiring people who are



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         1       out of status, we're just simply stating that,

         2       well, we want to still hire people who are not

         3       in status, but we just don't want to give them

         4       any rights.  We just want to just make sure

         5       that we can keep them on the margins of

         6       society and not provide them with the kind of

         7       basic things that they ought to have in order

         8       to participate in this great democracy.

         9                  I say that this is but a first step

        10       in this state.  But what this really harkens

        11       to is two things that need to happen and we

        12       ought to be reaching out to our Congressional

        13       members and our President to do.

        14                  One is significant immigration

        15       reform.  We need significant immigration

        16       reform, and we've seen that from our debate in

        17       this chamber and the national debate around

        18       what's happening in Arizona.  But this debate

        19       also raises the issue around immigration and

        20       the fact that we ought to be looking for

        21       significant immigration reform.

        22                  The second thing is that this

        23       really ought to be the beginning of what we

        24       are adding to a national movement around

        25       domestic workers nationally.  That this issue



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         1       is not a New York State issue exclusively,

         2       this is an issue that in fact domestic workers

         3       are experiencing around the country.

         4                  You know, some of you, you have

         5       teenage kids and you might have seen "The

         6       Nanny Diaries."  Well, the reality is in

         7       New York there are the real nanny diaries, and

         8       those nanny diaries are not happy endings that

         9       are Disney stories.  They are sometimes very

        10       tragic and deal with a lot of abuse and labor

        11       and things that aren't very pretty and we

        12       would never cover on TV.

        13                  This, Diane Savino, is a step to

        14       start changing that story so that workers in

        15       this state can have a happy ending.  Thank you

        16       so much.  I'm voting aye, and I encourage any

        17       colleagues to do the same.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Espada.

        20                  SENATOR ESPADA:    Thank you,

        21       Mr. President, for the opportunity.

        22                  I do want to succinctly state that

        23       this is landmark human rights legislation.  My

        24       only dismay is that I can't vote twice for it

        25       from the 33rd District, having had so many of



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         1       you visit our offices with pictures of black

         2       eyes and broken noses and tales of despair.

         3                  The state of women worldwide is not

         4       good.  Gender discrimination and violence

         5       claims the lives of hundreds of thousands of

         6       women.  And I know you come from different

         7       places throughout the globe, but you come as

         8       many of us came.

         9                  You know, I don't quite know the

        10       definition of a person that's worthy of human

        11       rights.  But I know you came to this country,

        12       wherever you came from, because had you a

        13       vision of America that you were taught in your

        14       schools, that you watched on TV.  And so we

        15       were the land of opportunity, we were the land

        16       of the United States Constitution -- and by

        17       the way, a document of liberation that itself

        18       has met many litigious contests in the courts.

        19       So the idea that something may end up in court

        20       certainly was not in the mind of our founding

        21       fathers.

        22                  But the idea that we are all

        23       entitled to these basic rights was excluded

        24       from you during the last Great Depression, in

        25       the 1930s, when a great president, FDR, and



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         1       the national legislature said no to domestic

         2       workers, it said no to farmworkers.  Today we

         3       go from no leverage and no rights and no sick

         4       days and no holidays and no vacation days and

         5       no notice to all of the bills contained in

         6       your great work, Senator Savino.

         7                  It is landmark legislation not

         8       because we get to set the example for the rest

         9       of the United States of America, but in fact

        10       the world over, where you come from.  And God

        11       bless you for seeing in us what we sometimes

        12       can't see in ourselves.

        13                  It is very poignant that today we

        14       celebrate, first and foremost, very properly

        15       so, freedom fighters, folks who gave their

        16       lives in World War II, in the Korean War, in

        17       Afghanistan and Iraq right now.

        18                  And so Senator Savino and those of

        19       us who support this legislation and those of

        20       us who will continue to vote for human rights

        21       owe you a debt of gratitude.  Because long

        22       before pencil was put to paper, long before

        23       this became I think a D print, long before it

        24       gets enacted in the other chamber, you were

        25       the fire, you were the fury, you were the



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         1       source that gets us to this point today when

         2       we can pass this bill and say a better day is

         3       coming.

         4                  I must tell you that a greater

         5       injustice, Mr. President, is the rationing out

         6       of human rights.  If we know today that

         7       farmworkers have no rights, thousands of them,

         8       if we know that the same case for justice can

         9       be had, can be made and can be triumphant here

        10       in these chambers this year, then we would

        11       have failed in our duties.

        12                  So I take this opportunity to deal

        13       with this long overdue call for justice and

        14       protection for these workers by asking that

        15       soon this chamber take up the Farmworkers'

        16       Bill of Rights as well.

        17                  I'll be voting in favor.  Thank you

        18       so very much.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Thank you, Senator Espada.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Thank you,

        23       Mr. President.  Thank you very much.

        24                  I want to thank the Senate sponsor,

        25       Senator Savino, for her hard work on this



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         1       bill.  She certainly organized and I think put

         2       together a comprehensive bill.  And it's quite

         3       startling why we're here today debating this

         4       at length.

         5                  Today, when this bill passes,

         6       hopefully we will be able to help over 200,000

         7       domestic workers here in New York.  We're not

         8       giving them all that much.  Basic things that

         9       some of us take for granted -- workplace

        10       protections like overtime pay, the chance to

        11       take at least a day off every week, coverage

        12       under unemployment, employment discrimination

        13       laws.  Basic rights which we believe should

        14       really go to all workers in our great state.

        15                  It's also unfortunate that we

        16       waited so long to pass this legislation.

        17       New York in the past was the leader in

        18       workers' rights, labor rights.  And to first

        19       pass a bill like this in 2010 I think is far

        20       too long.

        21                  For someone like myself, this sort

        22       of takes on a very personal connotation.  I

        23       had the privilege of growing up in a

        24       two-family home with my grandmother, who got

        25       Alzheimer's disease at a very young age,



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         1       62 years of age.  So she was able to stay in

         2       our home as long as possible, until it became

         3       a medical necessity that she go to a nursing

         4       home.

         5                  So we hired domestic workers in our

         6       home.  And I know that many of the people who

         7       employ domestic workers appreciate the work

         8       that they do.  I know myself, and my family,

         9       the various workers that worked for us five,

        10       six years taking care of my grandmother became

        11       family.  We exchanged gifts during the

        12       holidays, celebrated birthdays, because they

        13       were truly doing God's work.  They were there

        14       to take care of my grandmother when it was

        15       very difficult for others to take care of her.

        16                  And I think that holds true for

        17       most of the domestic workers across our great

        18       state.  We rely on these people to take care

        19       of our children.  We rely on them to take care

        20       of our elderly loved ones.  We rely on them

        21       for the basic things that we can't do

        22       ourselves.  So to deny them equal rights that

        23       go to other workers would be a disgrace.

        24                  So I think today, I think what

        25       we're doing is sort of righting a wrong that



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         1       unfortunately took too much time to do here in

         2       New York State.  So, Mr. President, I vote yes

         3       on this bill, and I'm hopeful that we can

         4       quickly have an agreement with the Assembly

         5       and make this law in New York State finally

         6       after all these years.

         7                  I vote yes.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Klein to be voting in the affirmative.

        10                  Senator Smith.

        11                  SENATOR SMITH:    Thank you very

        12       much, Mr. President.

        13                  Senator Savino, thank you for your

        14       leadership on this issue.  You know, it's been

        15       a year or so we have been fighting

        16       aggressively.  You have shepherded this piece

        17       of legislation in such a way that I hope it

        18       becomes a model on how one can move a piece of

        19       legislation through this chamber, with my

        20       assumption that some Republicans will be

        21       voting for this as well.

        22                  To my friends who are in the

        23       gallery, thank you for keeping us focused.

        24       It's a little bit unfortunate that you had to

        25       work this hard.  But all hard work yields good



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         1       results, and I believe today you will have

         2       that result.

         3                  It is important.  Two hundred

         4       thousand workers.  Senator Schneiderman talked

         5       about basic rights, something that you

         6       deserve.  Colleagues, they have a job.  When

         7       you have a job, you deserve certain rights and

         8       benefits from having at a job.  I have a job.

         9       I have certain basic rights that I get from

        10       having that job.  I believe all you're asking

        11       for is to have that same respect.  And today

        12       you you're going to get that same respect,

        13       because Senator Savino has worked very hard

        14       for that.

        15                  This is a basic rights bill.  As my

        16       colleagues have said, there has been a number

        17       of statements on the floor that were

        18       inaccurate with regard to the extent of what

        19       this bill does.  And perhaps, Senator Savino,

        20       you could have worked a little harder and put

        21       more stuff in here.  But at the end of the

        22       day, what is happening is that you are now

        23       going to have the same respect that you

        24       deserve, the same respect that you asked for,

        25       the same respect that you asked for when you



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         1       came into every one of our offices.

         2       Patiently, you waited, and now your patience

         3       is going to pay off.

         4                  We have more to do.  This is just a

         5       beginning.  But this is your day.  Do not let

         6       anyone rob you of your success that you have

         7       proven that this system can work if you stay

         8       focused and you band together.

         9       Congratulations to you.  Congratulations to my

        10       colleague Senator Diane Savino.  And

        11       congratulations to my colleagues who are going

        12       to do the right thing on behalf of these

        13       individuals.

        14                  Thank you, Senator.  I will be

        15       voting in the affirmative.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Senator Smith to be voting in the affirmative.

        18                  Senator Adams, on the bill.

        19                  SENATOR ADAMS:    Thank you,

        20       Mr. President.

        21                  And I just want to say both to

        22       Senator Lanza and Senator Bonacic and to those

        23       of you who are in the gallery, some of their

        24       questions, you know, both Senator Bonacic and

        25       Senator Lanza, really they asked questions



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         1       from the heart, and I don't think one should

         2       personalize and feel that they didn't.  Those

         3       are some concerns they had and they wanted to

         4       raise.

         5                  But let me just give a few points

         6       that we need to know of.  Someone raised a

         7       question about a background check.  Let me let

         8       you in on a secret.  You don't do a criminal

         9       background check for Senators.  Okay?  There

        10       is no criminal background check for any

        11       Senator that's elected.  So you know, that's

        12       number one.

        13                  And just go down for a moment.  To

        14       say in Gabon they're paying someone a quarter

        15       and in New York they're paying them $2 under

        16       minimum wage but at least they get more than

        17       in Gabon, you don't -- there's no -- you know,

        18       tyrannical actions cannot be based on

        19       intensity.  What's wrong is wrong.  You don't

        20       sit and state that, well, they're denying you

        21       over where you came from and so we should be

        22       able to deny you just one notch more.  That's

        23       wrong.

        24                  The reason we are Americans is

        25       because we set the tone on what's right.  We



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         1       don't set the tone from the bottom up, we set

         2       the tone from the top up.  People who are

         3       employed are deserving of basic rights, and

         4       this is what Senator Savino is stating.

         5                  And so we can philosophize and

         6       romanticize on all the other issues that get

         7       away from the basic rights.  And if you will

         8       look closely on the floors of these galleries,

         9       you will see the fingernails that were bit off

        10       from countless number of people who made the

        11       pilgrimage to sit up in these rafters hoping

        12       that we will have the audacity and respect to

        13       vote the right way although we do not live

        14       what you live.  This is what this is about.

        15                  Every group of Americans --

        16       Chinese-Americans, Italian-Americans,

        17       Irish-Americans, African-Americans -- all sat

        18       in those galleries one day and bit off their

        19       nails hoping that they can get 32 votes just

        20       so they could be treated with a level of

        21       dignity and respect.  There's nothing

        22       different from this group that's here.

        23       They've all, we've all made this pilgrimage.

        24                  It was only the beginning of last

        25       year when we saw the gay community sitting up



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         1       in those rafters.  Women that were fighting

         2       for the right to vote sat in those rafters.

         3       Italian-Americans that made their way past

         4       Ellis Island sat up in those rafters.

         5       Chinese-Americans that were working in

         6       sweatshops sat up in those rafters.  There's a

         7       history of people who sat up in these rafters.

         8                  What you are asking for is no

         9       different than every American that made their

        10       way here.  You did a pilgrimage through 87

        11       North to come here and follow the rich

        12       tradition of Americans that merely stated, We

        13       too love America and we too want to benefit

        14       from America.

        15                  And human rights are not based on

        16       your immigration status.  You don't look at

        17       your immigration status, I don't want to see

        18       your green card before I decide if I'm going

        19       to treat you like a human being.  I won't sit

        20       and raise the question "But first let me find

        21       out if you're here legally or illegally."

        22       That's a federal government problem.  New

        23       Yorkers treat people with dignity and respect

        24       regardless of what's in your passport.  And

        25       don't let anyone deny you the right to be



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         1       treated like a human being merely because of

         2       your immigration status.  You deserve to be

         3       treated like a human being.

         4                  I'm hearing all of this eloquence

         5       about, well, you're an illegal alien so we can

         6       treat you a certain way.  We can pay you less

         7       based on you should be lucky you're here.

         8       Listen closely to that.  That's what they told

         9       every immigration group, every one.  Every

        10       immigrant group was told that.

        11                  This is a landmark piece of

        12       legislation, and we can only retrospectively

        13       appreciate what Senator Savino did.  Can you

        14       imagine the joy that I can actually vote on a

        15       piece of legislation that impacts me

        16       personally it?  I sat down as a child every

        17       night and watched my mother's footprints in

        18       the snow as she was a domestic worker, and

        19       would only sleep after they were covered up

        20       from the snow.  Coming home at 7 o'clock in

        21       the morning after cleaning house after house.

        22       And here I got the right now to vote on a bill

        23       that impacts my life.

        24                  I don't speak for those people; I

        25       am those people.  We're going to pass this



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         1       bill here today.  And hopefully your son or

         2       daughter will come on this floor one day and

         3       vote on a piece of legislation that a

         4       nail-biting person had to hope that 32 people

         5       came together and, although they didn't live

         6       your experience, they understood your pain and

         7       understood your experience.  That's what this

         8       is all about.

         9                  I am proud to be able to vote for

        10       this legislation.  I'm proud to be part of

        11       this landmark experience that's about to take

        12       place.  I'm proud to know that we have the

        13       opportunity to make sure every employee in

        14       this state is treated better than what we

        15       treat animals.  To hear Senator Savino state

        16       horses are allowed two days off.  Horses.

        17                  If horses are allowed two days off

        18       and people are telling you you don't have the

        19       right to two days off, or one day off, I can't

        20       believe that.  Forgive them.  They know not

        21       what they do.  Forgive them.  They will have

        22       the opportunity one day to retrospectively

        23       look over this moment of this landmark piece

        24       of legislation, and they will understood that

        25       they were on the wrong side of history.  And I



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         1       don't think anything is more tragic than

         2       looking over your life and realizing you were

         3       on the wrong side of history.

         4                  Today I vote aye on this bill

         5       because I want history to know I'm on the

         6       right side of all those who have adorned those

         7       rafters, who have bit off their nails, who

         8       have hoped that 32 people can find the

         9       audacity to vote the right way and give you

        10       the rights of dignity and respect that this

        11       country is known for.  I am an American, and

        12       this is the American way to go.  Welcome to

        13       the universe of being respected based on our

        14       vote.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Diaz, on the bill.

        17                  SENATOR DIAZ:    Thank you,

        18       Mr. President.  On the bill.

        19                  I am Puerto Rican, black with kinky

        20       hair.  And the majority of the people you see

        21       sitting there are Hispanic.  And the majority,

        22       I believe, of domestic workers are Hispanic.

        23       And I feel good and feel bad, and I will tell

        24       you why, Mr. President.

        25                  I feel bad when I hear Senator



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         1       Bonacic telling the whole world that we are

         2       doing this for the undocumented and that we

         3       are going to give them medical benefits,

         4       unemployment benefits, worker compensation

         5       benefits, disability insurance benefits to

         6       undocumented.  That's kind of offensive.

         7                  I believe, Mr. President, that the

         8       State of New York has a law against hiring

         9       undocumented people.  I believe that people

        10       that hire the undocumented are being punished

        11       by the law.  So I find that kind of insulting

        12       and offensive, telling the whole world that

        13       we're doing this because we are going to hire

        14       undocumented.

        15                  I feel good, Mr. President, because

        16       I hear my colleagues, with such a passion,

        17       supporting practically my people.  Senator

        18       Adams spoke about dignity and respect.  And I

        19       hope that the same passion, the same fervor,

        20       the same fire we could find to support Senator

        21       Espada's bill for the farmworkers that are

        22       also being unjustly treated.

        23                  So I hope that I will find the same

        24       fire, the same passion to support that bill

        25       and to take care of the farmworkers that are



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         1       also Hispanic, the majority of them.  [In

         2       Spanish.]

         3                  So, Mr. President, thank you very

         4       much for this word.  I know that you didn't

         5       understand anything that I said in Spanish.

         6       But I'm just telling my -- some of the

         7       Hispanic people sitting there the victory that

         8       they are getting today and that we need their

         9       support for the farmworker bill too, because

        10       they also need it.

        11                  So I'm telling them that they will

        12       walk out of here happy -- happy because they

        13       got a victory, happy because they got a

        14       historic vote -- but don't forget that there

        15       are other workers as they that need their

        16       support to get for them the same thing they're

        17       getting today.

        18                  Thank you, Mr. President.  And

        19       thank you, ladies and gentlemen.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Thank you, Senator Diaz.

        22                  Senator Perkins, on the bill.

        23                  SENATOR PERKINS:    Thank you,

        24       Mr. President.

        25                  I'm going to support this bill.



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         1       I'll be brief, because I know much has been

         2       said and I agree with all of it.

         3                  Senator Adams, I didn't get a

         4       chance to meet your mother, though she does

         5       remind me of my grandmother.  And in fact,

         6       when I look up there, I see your mother and my

         7       grandmother up there in all those faces of all

         8       those women, who came home like your mother

         9       came home or came home like my grandmother

        10       came home, to take care of the family, and

        11       were treated as second-class workers,

        12       second-class citizens.

        13                  Senator Savino, I want to thank you

        14       so much for the extraordinary accomplishment

        15       you've made.  I know this was not an overnight

        16       sensation; this took a lot of work.  And I

        17       know that we've heard some prejudices that

        18       were disturbing.  But we've made history, you

        19       have made history, we've been able to join you

        20       in making history in a very, very important

        21       way that resonates not only with respect to

        22       the domestic workers' rights, which I believe

        23       are as American as apple pie, but also with

        24       respect to the farmworkers' rights, that

        25       hopefully we'll be able to get an opportunity



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         1       to move in the same direction.

         2                  And hopefully this debate, this

         3       discussion will not only bring out those

         4       prejudices but will also give us an

         5       opportunity to grapple with them and maybe

         6       move away from them.  It's sometimes a little

         7       surprising to see some of the thinking that we

         8       have still amongst us.

         9                  But it's all good.  It's all good

        10       because we're moving forward, it's all good

        11       because it's an honest debate, it's an

        12       important debate.  And the right thing, after

        13       all is said and done, is going to be done, and

        14       we're all going to feel very good about it.

        15                  This is one of the proudest moments

        16       any of us could feel in a body like this, to

        17       be able to do for so few what has been done so

        18       often for so many -- they who are women,

        19       especially, who have had to struggle with

        20       being treated with respect and dignity and get

        21       the right kind of pay and treatment for the

        22       work that apparently is very essential.  A lot

        23       of folks can't do without them.

        24                  And in fact, they're afraid that

        25       this law will alienate you from them.  And



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         1       quite the opposite.  You will be even more

         2       bonded with them than ever before, and in a

         3       way that will be more dignified than ever

         4       before.

         5                  So I'm honored at this moment to be

         6       able to be a part of this historic occasion

         7       for this leadership in this Senate, this

         8       historic leadership in this Senate.  This

         9       could not have been done otherwise.

        10                  And so congratulations again.

        11       Congratulations to all of you.  I'm going to

        12       say hello to my grandmother, I'm going to say

        13       hello to your mother.  I know they're sitting

        14       up there just like you.  I see you, Grandma,

        15       right there smiling.  I see you.  And I'm here

        16       too.  Okay?  So thank you for bringing me

        17       here.

        18                  I vote aye.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Duane, on the bill.

        21                  SENATOR DUANE:    Thank you,

        22       Mr. President.

        23                  I want to thank and congratulate

        24       Senator Savino for her determination, her --

        25       really, her doggedness on this legislation.



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         1       And she just -- her heart being so much into

         2       this I think is what has moved it to the floor

         3       today, and I think that's really wonderful.

         4                  I was interested to hear earlier my

         5       colleague from Sullivan and Orange and Ulster

         6       County to talk, because my great-grandmother

         7       worked for a family in Goshen as a household

         8       servant.  And that's -- I want to say she had

         9       some shame around that and what happened to

        10       her while she was working in that household.

        11       And her daughter, my grandmother's sister, my

        12       Aunt Margaret, also worked as a domestic, and

        13       then was able to go on and become a teacher in

        14       the New York City public school system.

        15                  And without going in great detail

        16       on the merits or even the politics of this

        17       legislation, I do want to say that it's in

        18       part because of who those women were in my

        19       life and what they passed down to me that I am

        20       really happy to be here to vote for this.  And

        21       also sorry that it took us so long, but happy

        22       that we are doing this.

        23                  And, you know, I believe that this

        24       legislation is something that in this state we

        25       will be as proud of as we are for the



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         1       organizing that went on because of the

         2       terrible tragedy of the Triangle Fire, which

         3       is a building in my district.  I am fortunate

         4       enough to live in housing that was built by

         5       the ILGWU, which was founded as a result of

         6       that.

         7                  So whether it's this legislation or

         8       our outlawing of the child labor, and because

         9       we allowed workers to speak for themselves, I

        10       am going to be very happy, proud, a little bit

        11       with a feeling of bittersweetness to be able

        12       to vote for this legislation, and look forward

        13       to our Governor signing it into law.  And I

        14       think that Senator Savino will -- it's just

        15       one of the many reasons that Senator Savino

        16       will have many mentions in our state history

        17       books.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Thank you, Senator Duane.

        21                  Senator Peralta, on the bill.

        22                  SENATOR PERALTA:    Thank you,

        23       Mr. President.  On the bill.

        24                  I want to congratulate Senator

        25       Savino for this landmark piece of legislation,



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         1       something that is long overdue, as was

         2       previously stated.

         3                  I want to thank everyone who's here

         4       in the gallery for showing up and for pushing

         5       this effort.  Because without your effort,

         6       without your push, this would not become a

         7       reality today.  You definitely did a great job

         8       in making this a reality, at least in the

         9       New York State Senate, so you should be proud

        10       of yourselves today.

        11                  I also want to touch on the idea

        12       and the concept that was brought up earlier

        13       about whether someone is here undocumented or

        14       not.  I have yet to meet or hear of a sales

        15       tax that discriminates against anyone who's

        16       documented or undocumented.

        17                  Senators have tried to make the

        18       connection between the fact that someone is

        19       here undocumented and how much of a burden

        20       it's going to be on the state, that the state

        21       will pick up this burden, whether it's going

        22       to be through workers' comp or whether it's

        23       going to be through other ways.

        24                  But I would argue that whether

        25       you're undocumented or you're documented, when



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         1       you go to the store and you purchase things

         2       and you pay the sales tax, when you pay your

         3       income tax, the state doesn't ask you whether

         4       you're documented or undocumented.  The state

         5       does not reject whether you're documented or

         6       undocumented, or checks.  There's no list.

         7       They still receive those dollars.

         8                  So I would argue that this piece of

         9       legislation, although it's minimal, will

        10       probably pay for itself.  Because whether

        11       you're undocumented or documented, you still

        12       pay sales tax.  Many pay income tax.  So it's

        13       going to come back to New York State.  So to

        14       make that argument, I just wanted to clarify

        15       that it's probably not the best argument.

        16                  But I stand here today very proud

        17       of the fact that I am going to be voting on

        18       this landmark piece of legislation.  I

        19       happened to vote on a piece of legislation

        20       that was landmark in the Assembly, and now I'm

        21       going to be able to vote on a piece of

        22       legislation that's landmark here in the

        23       New York State Senate.

        24                  And this is just about making sure

        25       that people are treated with dignity and



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         1       respect, workers are treated with dignity and

         2       respect.  That's what this is all about.  So I

         3       don't see why there had to be a two-hour

         4       discussion or debate on something so simple

         5       and so basic as rights.  But it is what it is,

         6       and we're here two hours later.

         7                  I just want to say that I will

         8       continue to support you as workers.  I know

         9       that many of us will be voting in the

        10       affirmative.  And I want to congratulate you

        11       and say keep up the good work, because now the

        12       work is on the other house.  Now the struggle

        13       will be on the other side.  And coming from

        14       the other side, I will commit that I will work

        15       with you to make sure that I get some of those

        16       members to make sure that that becomes a

        17       reality on that side.

        18                  So I will be voting in the

        19       affirmative.  Thank you, Senator Savino, for

        20       your leadership and your vision.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Huntley, on the bill.

        23                  SENATOR HUNTLEY:    Yes,

        24       Mr. President.  I would just like to

        25       congratulate Senator Savino for this bill.



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         1                  This bill brings back a lot of

         2       memories for a lot of people.  And when people

         3       talk about undocumented, Afro-Americans were

         4       born documented.  True Americans.  And there

         5       are many things that have gone on in the lives

         6       of these people that also affected

         7       Afro-Americans for many, many years.

         8                  So when you listen to people talk

         9       about other people's rights, it's kind of

        10       heartbreaking that at this point in our lives,

        11       at this point in the country, that we still

        12       have these prejudices.  Because that's what it

        13       is.  And I just hope that one day we will all

        14       be able to come together and care about other

        15       people and their values and care that they

        16       will be able to raise their families.

        17                  You know, just like Senator Peralta

        18       said, we have many, many undocumented children

        19       in our public schools.  Nobody asks them

        20       before they take the report card if they're

        21       documented.  Nobody cares.  We're no longer

        22       breaking the law because there are so many

        23       undocumented people that we have allowed to

        24       come.  They're here, they're like us.

        25                  They're people, they're human



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         1       beings, and I think we need to understand

         2       that.  This is a melting pot.  This is no

         3       longer just white America.  It's a melting

         4       pot.

         5                  Thank you.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator Andrea Stewart-Cousins, on the bill.

         8                  SENATOR STEWART-COUSINS:    Thank

         9       you, Mr. President.

        10                  I rise to say to those workers who

        11       have sat so quietly in the gallery, those

        12       workers who hoped that this moment would come

        13       and wanted to bear witness to history, those

        14       workers who, up until this point, didn't feel

        15       that they had a voice in their place of

        16       business, much less in a chamber like this.

        17                  And it seemed that for me to stay

        18       silent would really be disrespectful of the

        19       struggle that it took for each and every one

        20       of you to be here today.

        21                  So as we do this history-making

        22       vote, as we congratulate Senator Savino for

        23       her hard work, it reminds us of why we exist:

        24       To give voice to you.  And why you exist:  To

        25       encourage others who think that they could



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         1       never, ever stand up to power to understand

         2       that, yes, it can be done.  And when you work

         3       together for a cause that's right and just, it

         4       works out.

         5                  I stand just to pay tribute.  We're

         6       looking forward to the vote.  I think my

         7       colleagues must have said that the struggle

         8       continues, it doesn't end here.  But when you

         9       leave here, I hope your heads will be a little

        10       bit higher, your stride a little bit stronger,

        11       and your purpose more defined.

        12                  Congratulations.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Padavan.

        15                  SENATOR PADAVAN:    Would Senator

        16       Savino yield to a question.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Savino, will you yield for a question

        19       from Senator Padavan?

        20                  SENATOR SAVINO:    Yes.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Padavan, Senator Savino will yield.

        23                  SENATOR PADAVAN:    Senator Savino,

        24       a lot of the discussion seems to be generated

        25       around the issue of legal immigration, which I



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         1       have a slightly different view than some do.

         2                  I happen to believe that those who

         3       are smuggled into this country and placed

         4       almost in bondage, many as domestic workers,

         5       is an affront to humanity.  It's also a cause

         6       of many citizens, people in this country

         7       legally, not getting the employment that they

         8       not only qualify for but they should be well

         9       paid for.

        10                  Now, here's my question.  If an

        11       individual who hires a domestic worker learns

        12       that that person they have hired is in this

        13       country illegally, and they dismiss them for

        14       that reason, would that employer be subject to

        15       the same penalties and procedures that your

        16       bill provides and which you discussed with

        17       some of my colleagues, including Senator

        18       Lanza?

        19                  SENATOR SAVINO:    Through you,

        20       Mr. President.  I'm assuming you're referring

        21       to the notice of termination?

        22                  SENATOR PADAVAN:    Yeah.  Yes.

        23                  SENATOR SAVINO:    Yes, it would,

        24       Senator Padavan.

        25                  SENATOR PADAVAN:    It would what?



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         1                  SENATOR SAVINO:    The notice of

         2       termination would apply even if the employee

         3       was an undocumented worker, as many of our

         4       labor laws apply to undocumented workers if

         5       they're in employment.

         6                  SENATOR PADAVAN:    But would you

         7       yield, Senator.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Savino, will you continue to yield?

        10                  SENATOR SAVINO:    Yes.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Padavan, she'll continue to yield.

        13                  SENATOR PADAVAN:    But there's a

        14       section in the bill that deals with

        15       termination for a reasonable cause, or words

        16       to that effect.  Would this be not be a

        17       reasonable cause?

        18                  SENATOR SAVINO:    Through you,

        19       Mr. President, the question is would the

        20       determination by the employer that a domestic

        21       worker was an undocumented worker, could that

        22       be used to satisfy the reasonable-faith effort

        23       to avoid the notice of termination.

        24                  (Conferring with counsel.)

        25                  SENATOR SAVINO:    Through you,



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         1       Mr. President, with respect to the

         2       determination or the suspicion on the part of

         3       the employer that the worker is undocumented,

         4       it is unlikely that it would not still require

         5       the employer to provide 14 days' notice of

         6       termination.  Because the way the language is

         7       drafted in the bill, that 14-day notice of

         8       termination would be waived if the employer

         9       reasonably believes in good faith that the

        10       domestic worker has committed assault, neglect

        11       or abuse.

        12                  So just by the suspicion that the

        13       person is undocumented, it would not waive

        14       that 14-day notice.  However, the employer

        15       could notify the employee, give them the

        16       14-day notice and tell them not to come back.

        17                  The bill also doesn't establish a

        18       cause standard for firing workers.  Because

        19       essentially, under New York State labor law,

        20       workers are still at-will workers unless

        21       they're covered by a collective bargaining

        22       agreement.  We are also not providing

        23       collective bargaining rights in this bill.

        24                  So you can terminate an employee in

        25       New York State that's not covered by



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         1       collective bargaining rights for good reason,

         2       bad reason, or no reason.  You just can't

         3       terminate them for violations of Title VII of

         4       the Equal Employment Opportunities Act.

         5                  I hope that answers your question.

         6                  SENATOR PADAVAN:    Senator, let me

         7       ask you another question.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Do you wish Senator Savino to continue to

        10       yield, Senator Padavan?

        11                  SENATOR PADAVAN:    There are

        12       laws --

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Savino, do you yield for Senator

        15       Padavan?

        16                  SENATOR SAVINO:    Yes.

        17                  SENATOR PADAVAN:    There are laws,

        18       federal and otherwise, that say you must not,

        19       or you're subject to penalty, knowingly hire

        20       an illegal immigrant.  Would that apply to

        21       this case, the situation, the subject area

        22       we're dealing with?

        23                  SENATOR SAVINO:    I have to think

        24       about that, Senator Padavan.

        25                  While yes, it's true, the law says



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         1       you're not supposed to knowingly hire

         2       undocumented workers or illegal immigrants,

         3       however we want to describe them, the reality

         4       is employers do it every day in this state and

         5       every other state across the country.

         6                  So would the -- would knowing -- I

         7       still don't believe it would apply.  No, I

         8       still don't believe it would apply.  I don't

         9       believe it has anything to do with it.

        10                  SENATOR PADAVAN:    On the bill.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Padavan, on the bill.

        13                  SENATOR PADAVAN:    If that is the

        14       case, Senator, you're violating the human

        15       trafficking law that we have in this state,

        16       the toughest in the nation.  If the answer to

        17       your question is what you said it is, then

        18       you're violating an already existing statute.

        19                  And I don't think you really are.

        20       I think if you look at it further, you'll find

        21       out you're not.

        22                  SENATOR SAVINO:    So perhaps --

        23       through you, Mr. President, perhaps I didn't

        24       actually understand the question as you put it

        25       to me.  So let's try this one again, Senator



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         1       Padavan.

         2                  SENATOR PADAVAN:    Are we opening

         3       that up again?

         4                  SENATOR SAVINO:    Or if you'd like

         5       to speak on the bill and I --

         6                  SENATOR PADAVAN:    I'll speak on

         7       the bill.  I think we've belabored the point

         8       long enough.

         9                  But let me just make a couple of

        10       points.  First, I believe that it is all our

        11       responsibilities to ensure that people who are

        12       employed in this state, no matter what they

        13       are, what that category of employment is, are

        14       here in this country either with a green card

        15       or some means, visa or whatever.

        16                  Because particularly in this

        17       category of employment, they are the most

        18       obvious and frequent victim of those who come

        19       to this country illegally.  They are the

        20       victim of those who come in and work for less

        21       than minimum wage, off the books, and are

        22       taken advantage of.  And so they don't get the

        23       employment that they're entitled to at the pay

        24       they're entitled to.  So I think that is part

        25       of our responsibility to deal with that issue.



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         1                  Now, your bill does not have an

         2       exact companion in the Assembly, as I

         3       understand it.  And I would suggest to you, as

         4       you work with the Assembly in coming up with a

         5       bill that is identical, that you take a hard

         6       look another some of these questions that have

         7       been raised, because they're not entirely

         8       without merit.

         9                  I'm going to vote for this bill, as

        10       you know.  But at the same time, I don't think

        11       we should be myopic to concerns that have some

        12       degree of validity, in order to come up with

        13       up with a statute that not only seeks to

        14       achieve your objective and your worthy goals,

        15       but at the same time makes sense in some other

        16       ways.

        17                  Thank you.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Seeing no other Senators wishing to be heard

        20       on the bill, the debate is closed.

        21                  The Secretary will ring the bells.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 12.  This

        24       act shall take effect on the first of January.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Savino, to explain her vote.

         5                  SENATOR SAVINO:    I will yield to

         6       Senator Onorato.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Yielding to Senator Onorato to explain his

         9       vote.

        10                  SENATOR ONORATO:    Thank you,

        11       Mr. President.

        12                  I want to take this opportunity to

        13       congratulate Diane Savino for all her

        14       perseverance and hard work on putting this

        15       bill together.  It was a long time in coming,

        16       and it was one of her most dedicated missions

        17       for this particular session.  I want to

        18       congratulate her.  And as the chairman of the

        19       Labor Committee, we worked very, very closely

        20       putting this bill on the floor.

        21                  And the next bill that's coming up

        22       in a very, very short time is going to be my

        23       farmworkers bill, so we're going to do all of

        24       the people of the State of New York the

        25       justice that they deserve.



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         1                  I vote aye.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Onorato will be recorded in the

         4       affirmative.

         5                  Senator Savino, to explain her

         6       vote.

         7                  SENATOR SAVINO:    Thank you,

         8       Mr. President.

         9                  First, I want to thank all of my

        10       colleagues.  I know many of you have been

        11       congratulating me on the passage of this bill

        12       today, all the work that I've put into it, but

        13       quite frankly I don't deserve either the

        14       congratulations or the good wishes.  It is the

        15       people who are sitting up in this chamber

        16       around here, and it's those of you who helped

        17       me move this bill forward, the 26 cosponsors,

        18       including Senator Frank Padavan, those of you

        19       who have engaged me in discussion on this bill

        20       and I know will continue to.

        21                  Believe me, I listened, I heard the

        22       concerns that you have.  And I believe it is

        23       critically important that as we move forward

        24       with this bill -- and we will, as we reconcile

        25       with the Assembly -- I'm going to be visiting



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         1       all of you again, asking for your input, your

         2       advice, and to see that we pass a piece of

         3       legislation that we can all be proud of.

         4                  You know, the history books are

         5       going to write a lot of interesting things

         6       about the 2009-2010 legislative session,

         7       there's no doubt about that.  Not all of it

         8       will be good.  But I hope that before

         9       December 31st of this year that this

        10       legislative session in the New York State

        11       Senate, which has gotten so much coverage for

        12       so many reasons, will also be able to show

        13       that we made history again for workers'

        14       rights, and we're going to do that together.

        15                  Tonight is just the first step in

        16       equality and justices for the invisible women.

        17       Congratulations.  Invisible women rise.

        18                  (Applause from the gallery.)

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Squadron, to explain his vote.

        21                  SENATOR SQUADRON:    Thank you.

        22                  Just to join the chorus, I

        23       congratulate Senator Savino, despite her

        24       demurring, and the women in this chamber and

        25       across the State of New York.  This is a



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         1       historic step for this state and also a step

         2       that will change daily lives.

         3                  It's a rare opportunity as a state

         4       legislator to do something that you know, when

         5       it becomes law, will change lives immediately.

         6       This will.  It's a historic day.

         7       Congratulations, Senator Savino, all of my

         8       colleagues, and especially all of the people

         9       who've made the trek up here today.  It really

        10       has made a difference.  Thank you for being

        11       here.

        12                  I vote aye.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Squadron to be recorded in the

        15       affirmative.

        16                  Senator Montgomery, to explain her

        17       vote.

        18                  SENATOR MONTGOMERY:    Thank you,

        19       Mr. President.

        20                  I also rise to congratulate Senator

        21       Savino.  This is really a very important bill,

        22       and I know you've worked very hard on it.

        23                  And the fact of the matter is this

        24       is a women's rights bill.  And many of the

        25       women who work in those situations as domestic



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         1       workers are themselves parents, and many of

         2       them take care of their own families.  So

         3       while they work for other families, they also

         4       have their own families.

         5                  So this goes a long way in at least

         6       expressing our support that they should have

         7       the right to some equality and some equity in

         8       the labor that they do.

         9                  So I commend you, thank you, and on

        10       behalf of all of those women who depend on

        11       these jobs to support their own families, I

        12       thank you.  I vote aye.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Montgomery to be recorded in the

        15       affirmative.

        16                  Senator Oppenheimer, to explain her

        17       vote.

        18                  SENATOR OPPENHEIMER:    We've been

        19       discussing this a long time, so I'll be very

        20       brief.

        21                  It just seems that we should, at

        22       this point in our history, be discussing

        23       something so basic to human dignity and human

        24       rights as this issue is that it's hard for me

        25       to believe that we will be the first state in



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         1       this nation to be discussing this and, with

         2       the help of all of you here, passing it.

         3                  So congrats, and we'll be working

         4       hard on this.  It's really hard for me to

         5       believe that we are the first state to touch

         6       this.  But for each of you, it's going to make

         7       a great deal -- a big difference in your

         8       lives.  And you'll be able to have maybe a

         9       little more time with family, maybe a little

        10       more time, who knows, to go home to a country

        11       that isn't yours right here.

        12                  And I just -- I just hope that it

        13       will have benefits for each one of you.

        14                  I'll be voting yes.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Oppenheimer to be recorded in the

        17       affirmative.

        18                  Are there any other Senators that

        19       wish to explain their votes?

        20                  Seeing none, announce the results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Calendar Number 196 are

        23       Senators Alesi, Bonacic, DeFrancisco, Farley,

        24       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        25       O. Johnson, Lanza, Larkin, LaValle, Leibell,



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         1       Libous, Little, Marcellino, Maziarz, McDonald,

         2       Nozzolio, Ranzenhofer, Robach, Saland, Seward,

         3       Skelos, Volker, Winner and Young.

         4                  Ayes, 33.  Nays, 28.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The bill passes.

         7                  (Loud cheers and applause from

         8       gallery.)

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The Secretary will read.

        11                  SENATOR LIBOUS:    Mr. President.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Libous, why do you rise?

        14                  Order in the chamber, please.

        15                  SENATOR LIBOUS:    I believe about

        16       an hour and a half ago Senator Padavan had a

        17       point of order about the voting procedure, and

        18       you were going to respond to it.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       I was riveted by the debate.  We'll make sure

        21       we get to that point as soon as possible, but

        22       I was caught up in the debate.

        23                  The Secretary will read.

        24                  SENATOR LIBOUS:    Pardon me?

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       I'll get to the answer in a moment.  I got

         2       caught up in the debate.  The Secretary will

         3       read.  I'll just double-check the answer on

         4       voting in your seats.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       365 --

         8                  SENATOR LIBOUS:    Point of order.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Libous.

        11                  SENATOR LIBOUS:    Point of order.

        12                  I'm asking for the rule to be read

        13       so the question could be answered.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Libous, even though we've moved on,

        16       we've moved on, I will gladly say that yes,

        17       they're required to be in their seats when

        18       they vote.

        19                  SENATOR LIBOUS:    So you would

        20       repeat that one more time?

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Sure, so you can hear.  Even though we've

        23       moved on.

        24                  SENATOR LIBOUS:    What does that

        25       mean, "even though we've moved on"?



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       We've moved on from the bill.  That was prior

         3       to the bill we voted on.

         4                  The answer is, Senator Libous, that

         5       they're required to be in their seats when

         6       they vote.

         7                  SENATOR LIBOUS:    Mr. President,

         8       maybe I'm being confusing, and I apologize.  I

         9       was asking for a point of order on the rule

        10       for voting.  And whether we moved on or not

        11       didn't seem to be the issue.

        12                  So they need to be in their seats

        13       in order to vote.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Correct, Senator Libous.

        16                  SENATOR LIBOUS:    Thank you,

        17       Mr. President.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       You're welcome, Senator Libous.

        20                  The Secretary will now read.

        21                  THE SECRETARY:    Calendar Number

        22       365, by Senator L. Krueger, Senate Print

        23       3584B, an act to amend the Election Law.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Are there any Senators wishing to be heard on



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         1       the bill?

         2                  Seeing none, the debate is closed.

         3       The Secretary will ring the bells.

         4                  (Pause.)

         5                  SENATOR DeFRANCISCO:    If anybody

         6       is presiding, I have a point of order.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator DeFrancisco, what is your point of

         9       order?

        10                  SENATOR DeFRANCISCO:    Do the

        11       rules provide a specific amount of -- or a

        12       time limit for which we have to wait for

        13       someone to show up for a vote?

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       No.

        16                  SENATOR DeFRANCISCO:    There's no

        17       such rule?  And --

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Are you asking for a second point of order?

        20       I've just ruled on your first point of order.

        21       The answer is no.

        22                  SENATOR DeFRANCISCO:    Yes, I have

        23       a second question.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       What's your point of order, Senator?



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         1                  SENATOR DeFRANCISCO:    To whom do

         2       we refer such a request to in this body in

         3       order to make a rule of that nature?

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator DeFrancisco, I have requested the

         6       members of this entire chamber to stay close

         7       to the Senate.

         8                  SENATOR DeFRANCISCO:    No, no,

         9       I --

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator -- I'm ruling on your point of order,

        12       Senator DeFrancisco, so please.

        13                  SENATOR DeFRANCISCO:    Go ahead.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Thank you.  I have asked the members of the

        16       Senate to stay close to their chairs and stay

        17       close to this chamber.  Obviously maybe one or

        18       two or three have had, unfortunately, reasons

        19       to exit the chamber.  We are now going to wait

        20       for them.  And we are going to wait for them

        21       since there's no time constraint.

        22                  So the answer is is you've referred

        23       it to me, I'll refer it back to the members of

        24       the body again to remind the members of the

        25       body to please stay close to the Senate



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         1       chambers.

         2                  SENATOR DeFRANCISCO:    May I

         3       repeat my point of order so you answer the

         4       question as opposed to what you just answered.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator DeFrancisco.

         7                  SENATOR DeFRANCISCO:    My point of

         8       order is to whom do I refer a request that

         9       there be a rule change to put a time limit on

        10       the amount of time we have to wait for any

        11       individual member to do whatever they're doing

        12       so that the rest of the members don't have to

        13       sit here indefinitely while that person is

        14       doing whatever they're doing?

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator DeFrancisco, I'm going to refer you to

        17       Rule 11 of the Rules of the Senate of the

        18       State of New York.

        19                  "Resolution to amend the Senate

        20       Rules.  No amendment to the Senate Rules shall

        21       be considered by the Senate unless a

        22       resolution for such amendment, together with a

        23       memorandum specifying the purpose of the

        24       proposed amendment, suspension or rescission,

        25       shall be introduced to the Committee on Rules



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         1       and reported therefrom to the Senate floor."

         2                  So you can take up your request to

         3       the Committee on Rules.

         4                  SENATOR DeFRANCISCO:    Thank you,

         5       Mr. President.  I believe we can now go

         6       forward.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Thank you very much, Senator DeFrancisco.

         9                  SENATOR DeFRANCISCO:    I thought

        10       I'd fill with the void with something.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Read the last section.

        13                  THE SECRETARY:    Section 4.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 365 are

        22       Senators Alesi, Bonacic, DeFrancisco, Farley,

        23       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        24       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        25       Libous, Little, Marcellino, Maziarz, McDonald,



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         1       Nozzolio, Padavan, Ranzenhofer, Robach,

         2       Saland, Seward, Skelos, Volker, Winner and

         3       Young.

         4                  Ayes, 32.  Nays, 29.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The bill is passed.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       366, by Senator Addabbo, Senate Print 5447C,

        10       an act to amend the Election Law.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Seeing no debate, the debate is closed.  The

        13       Secretary will please ring the bells.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 5.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Announce the results.

        22                  THE SECRETARY:    Those recorded in

        23       the negative on Calendar Number 366 are

        24       Senators Alesi, Bonacic, DeFrancisco, Farley,

        25       Flanagan, Fuschillo, Golden, Griffo, Hannon,



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         1       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         2       Libous, Little, Marcellino, Maziarz, McDonald,

         3       Nozzolio, Padavan, Ranzenhofer, Robach,

         4       Saland, Seward, Skelos, Volker, Winner and

         5       Young.

         6                  Ayes, 32.  Nays, 29.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is passed.

         9                  The Secretary will continue to

        10       read.

        11                  THE SECRETARY:    Calendar Number

        12       517, by Senator Onorato, Senate Print 2248A,

        13       an act to amend the Labor Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Seeing no Senators wishing to speak on the

        16       bill, debate is closed.  The Secretary will

        17       please ring the bells.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the 180th day.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Announce the results.



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         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 517 are

         3       Senators DeFrancisco, Farley, Flanagan,

         4       Golden, Griffo, Hannon, O. Johnson, Lanza,

         5       Larkin, LaValle, Leibell, Libous, Little,

         6       Marcellino, Maziarz, McDonald, Nozzolio,

         7       Ranzenhofer, Saland, Seward, Skelos, Volker,

         8       Winner and Young.

         9                  Ayes, 37.  Nays, 24.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  The Secretary will continue to

        13       read.

        14                  THE SECRETARY:    Calendar Number

        15       528, by Senator Addabbo, Senate Print 2866A,

        16       an act to amend the Election Law.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Seeing no further debate on the bill, the

        19       Secretary will please ring the bells.  Debate

        20       is closed.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator DeFrancisco, to explain his vote.

         4                  SENATOR DeFRANCISCO:    Yes, I vote

         5       no on this bill.

         6                  And it seems to me that there must

         7       be some kind of motive behind this bill to

         8       have individuals from the more populous areas

         9       of the state to travel around the state and

        10       get involved in elections that are nowhere

        11       near their home.

        12                  I don't know of any situation where

        13       if poll watchers are needed, at least in

        14       upstate New York, that the local populace who

        15       happen to be registered to vote and vote in

        16       those elections aren't enough people to be

        17       poll watchers.

        18                  So to me, this is going to result,

        19       in my mind, and the intent of this bill is

        20       going to result in people from other districts

        21       coming in from other districts, flooding other

        22       districts to get involved with elections that

        23       are not in their home areas.

        24                  I think that's a horrible

        25       precedent.  And whether or not those poll



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         1       watchers happen to be lawyers or not, it's a

         2       horrible precedent.  And I vote no.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator DeFrancisco to vote in the negative.

         5                  Announce the results.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 528 are

         8       Senators Alesi, Bonacic, DeFrancisco, Farley,

         9       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        10       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        11       Libous, Little, Marcellino, Maziarz, McDonald,

        12       Nozzolio, Padavan, Ranzenhofer, Robach,

        13       Saland, Seward, Skelos, Volker, Winner and

        14       Senator Young.

        15                  Ayes, 32.  Nays, 29.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is passed.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    Calendar Number

        21       566, by Senator Thompson, Senate Print 6848,

        22       an act to amend the Public Authorities Law.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Debate is closed.  The Secretary will please

        25       ring the bells.



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         1                  Read the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Announce the results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative on Calendar Number 566 are

        11       Senators Alesi, Bonacic, DeFrancisco, Farley,

        12       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        13       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        14       Libous, Little, Marcellino, Maziarz, McDonald,

        15       Nozzolio, Padavan, Ranzenhofer, Robach,

        16       Saland, Seward, Skelos, Volker, Winner and

        17       Young.

        18                  Ayes, 32.  Nays, 29.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       The bill is passed.

        21                  The Secretary will continue to

        22       read.

        23                  THE SECRETARY:    Calendar Number

        24       581, by Senator L. Krueger --

        25                  SENATOR KLEIN:    Lay the bill



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         1       aside for the day, please.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The bill is laid aside for the day.

         4                  The Secretary will continue to

         5       read.

         6                  THE SECRETARY:    Calendar Number

         7       629, by Senator Schneiderman, Senate Print

         8       7096A, an act to amend the Labor Law.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Debate is closed.  The Secretary will please

        11       ring the bells.

        12                  Read the last section.

        13                  THE SECRETARY:    Section 10.  This

        14       act shall take effect on the 90th day.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Saland, to explain his vote.

        20                  SENATOR SALAND:    Yes,

        21       Mr. President.

        22                  Mr. President, I'm holding a copy

        23       of apparently an editorial from the Buffalo 

        24       News.  And while the subject that it dealt

        25       with is the Empire Zones, it reads in part as



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         1       follows:

         2                  "Taxes are higher in New York,

         3       insurance costs more in New York, electricity

         4       costs more in New York, labor costs more in

         5       New York, regulations are impenetrable in

         6       New York.

         7                  "The state starts at a disadvantage

         8       in keeping and attracting business, so it must

         9       play catch-up twice, first to even the field,

        10       and again to compete with the incentives

        11       offered by states that are already more

        12       business-friendly.

        13                  "Worrying only about surrounding

        14       states won't get the job done.  New Yorkers

        15       are nothing if not mobile, as the large

        16       population of former Buffalonians in North

        17       Carolina attests.  But it's more than that.

        18                  "If a company has installations in

        19       several states, including New York, and wants

        20       to expand, it will do so in the state where it

        21       makes the most economic sense.  Our public

        22       utilities may be hostages," and there's more

        23       of the same.  That editorial could have been

        24       written about this bill as well.

        25                  We are really continuing to drive



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         1       nails into the coffin of making New York

         2       uncompetitive.  And what you're doing is

         3       imposing on our ratepayers of our public

         4       utilities the requirement to pay more by

         5       imposing this wage requirement on public

         6       utility company employees.

         7                  Mr. President, I vote in the

         8       negative.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Saland to be recorded in the negative.

        11                  Senator Bonacic, to explain his

        12       vote.

        13                  SENATOR BONACIC:    Thank you,

        14       Mr. President.

        15                  This bill is a job killer, plain

        16       and simple.  It also will raise the energy

        17       costs on businesses and consumers.  And the

        18       question we ask, if this becomes law, why

        19       would any business ever stay in the State of

        20       New York?

        21                  But where it goes over the top, if

        22       an employer does not pay a prevailing wage, he

        23       is subject to a C felony prosecution, which

        24       carries up to 15 years.  Have we gone insane

        25       in this chamber?



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         1                  I vote no.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Bonacic to vote in the negative.

         4                  Senator Schneiderman, to explain

         5       his vote.

         6                  SENATOR SCHNEIDERMAN:    Thank you,

         7       Mr. President.  I obviously am supporting this

         8       legislation.

         9                  And I just want to say, in response

        10       to some of my colleagues, all this bill does

        11       is expand a basic principle that's already

        12       embodied in Article 9, which is that if you

        13       accept a state contract, if you work for a

        14       public agency or if you accept the benefits of

        15       state law that enable you to function

        16       essentially as a monopoly if you're a utility,

        17       you are not, in the State of New York, allowed

        18       to pay poverty wages.  The State of New York

        19       should not subsidize poverty.

        20                  I realize there's a philosophical

        21       disagreement about this.  But, ladies and

        22       gentlemen, this is something that is worth

        23       fighting for.  And just as we took a blow for

        24       domestic workers earlier, we're taking a blow

        25       for many thousands of service workers across



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         1       the state.  It is worth it to have people paid

         2       prevailing wage.  It is worth it to have

         3       people able to support their families.

         4                  This produces long-term benefits

         5       for everyone in this state, and I'm proud to

         6       sponsor and support this legislation.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Schneiderman to be recorded in the

        10       affirmative.

        11                  Senator Ranzenhofer, to explain his

        12       vote.

        13                  SENATOR RANZENHOFER:    Thank you,

        14       Mr. President.  Just briefly.

        15                  I rise in opposition to this piece

        16       of legislation.  They say that insanity is

        17       doing the same thing over and over again and

        18       expecting to get a different result.  What

        19       this is is another job-killing piece of

        20       legislation.

        21                  This will increase costs in a state

        22       which already has the greatest cost for doing

        23       business in New York State and across the

        24       country.  This will cause people to lose job

        25       and not gain any employment in this state.



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         1       We'll continue to send people out of the state

         2       and search for jobs elsewhere where the jobs

         3       are being created outside of the state.

         4                  I'll be voting no.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Ranzenhofer to be recorded in the

         7       negative.

         8                  Any other Senator wishing to

         9       explain their vote?

        10                  Seeing none, announce the results.

        11                  THE SECRETARY:    Those recorded in

        12       the negative on Calendar Number 629 are

        13       Senators Alesi, Bonacic, DeFrancisco, Farley,

        14       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        15       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        16       Libous, Little, Marcellino, Maziarz, McDonald,

        17       Nozzolio, Ranzenhofer, Robach, Saland, Seward,

        18       Skelos, Volker, Winner and Young.

        19                  Ayes, 33.  Nays, 28.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       The bill is passed.

        22                  Senator Klein, that completes the

        23       reading of the controversial calendar.

        24                  SENATOR KLEIN:    Mr. President, at

        25       this time can we please go to a reading of the



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         1       supplemental active list.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       499, by Member of the Assembly Espaillat,

         6       Assembly Print Number 9737, an act to amend

         7       Chapter 266 of the Laws of 1981.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Read the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Call the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Hannon, why do you rise?

        17                  SENATOR HANNON:    I'd just like to

        18       know what bill it is.  It's not --

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       It's Calendar Number --

        21                  SENATOR HANNON:    Is this the

        22       addition to the regular active list?

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Yes.

        25                  SENATOR HANNON:    Thank you.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 61.  Nays,

         4       0.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       The bill is passed.

         7                  The Secretary will continue to

         8       read.

         9                  THE SECRETARY:    Calendar Number

        10       630, by Member of the Assembly Espaillat,

        11       Assembly Print Number 8296A, an act to amend

        12       the Executive Law.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Read the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect on the 90th day.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Ranzenhofer, why do you rise?

        22                  SENATOR RANZENHOFER:    I don't

        23       have a copy of this bill.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       One second, Senator Volker.



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         1                  Senator Ranzenhofer, the copy of

         2       the bill is in the black book on your desk.

         3       You don't have a copy of the supplemental

         4       active list?

         5                  SENATOR RANZENHOFER:    None of my

         6       colleagues do.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Libous.

         9                  SENATOR LIBOUS:    It appears that

        10       the back row, for some reason, does not have

        11       this.

        12                  You don't have it either?

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Libous, we're going to hold for a

        15       minute to make sure that the back row has a

        16       copy of the supplemental active list sheet

        17       that you do have in your possession.

        18                  Senator Ranzenhofer --

        19                  SENATOR LIBOUS:    Mr. President,

        20       they were looking for the usual Senate -- it

        21       says "Senate Calendar."  So I think we've got

        22       everything under control.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Ranzenhofer, is it sufficient in front

        25       of you that --



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         1                  SENATOR RANZENHOFER:    Yes.

         2                  SENATOR LIBOUS:    Thank you,

         3       Mr. President.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Read the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect on the 90th day.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       The bill is passed.

        16                  Senator Klein, that completes the

        17       supplemental active list.

        18                  SENATOR KLEIN:    Mr. President, at

        19       this time there will be an immediate meeting

        20       of the Finance Committee, followed by a

        21       meeting of the Rules Committee in the Majority

        22       Conference Room.

        23                  Pending the return of the two

        24       committees, can we please stand at ease.

        25                  I'd just urge my colleagues to go



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         1       to committee and get back as quickly as

         2       possible so we can finish for the day.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       There will be an immediate meeting of the

         5       Finance Committee, followed by an immediate

         6       meeting of the Rules Committee in Room 332.

         7                  To echo Senator Klein, please, if

         8       you're members joining the committees, to

         9       please come back in.  Those members not on the

        10       committees, please stay close.

        11                  Pending the return of the Rules

        12       Committee, the Senate will stand at ease.

        13                  (Whereupon, the Senate stood at

        14       ease at 8:48 p.m.)

        15                  (Whereupon, the Senate reconvened

        16       at 9:52 p.m.)

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator Klein.

        19                  SENATOR KLEIN:    Mr. President, I

        20       believe there's a Rules Committee report at

        21       the desk.  I move that we adopt the report at

        22       this time.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       There is a report of the Rules Committee at

        25       the desk.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    Senator Smith,

         3       from the Committee on Rules, reports the

         4       following bills.

         5                  Senate Print 103A, by Senator

         6       Sampson, an act to amend the Real Property Tax

         7       Law;

         8                  3171, by Senator Griffo, an act to

         9       amend the Education Law;

        10                  3539A, by Senator L. Krueger, an

        11       act to amend the Real Property Tax Law;

        12                  4876A, by Senator Foley, an act to

        13       amend the Real Property Tax Law;

        14                  5370, by Senator Hassell-Thompson,

        15       an act to amend the Real Property Tax Law;

        16                  6279A, by Senator Adams, an act to

        17       amend the Private Housing Finance Law;

        18                  7041, by Senator Valesky, an act to

        19       amend the Environmental Conservation Law;

        20                  And Senate Print 8019, by the

        21       Senate Committee on Rules, an act making

        22       appropriations for the support of government.

        23                  All bills ordered direct to third

        24       reading.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       All those in favor of adopting the Rules

         2       Committee report please signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Opposed, nay.

         6                  (Response of "Nay.")

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The Rules Committee report is adopted.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Mr. President,

        11       can we please go to a reading of the

        12       supplemental calendar.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       668, by Senator Sampson, Senate Print 103A, an

        17       act to amend the Real Property Tax Law.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       669, by Senator Griffo, Senate Print 3171, an

         7       act to amend the Education Law.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Read the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect on the first of July.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Call the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       670, by Senator L. Krueger, Senate Print

        22       3539A, an act to amend the Real Property Tax

        23       Law.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Read the last section.



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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect on the 120th day.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       671, by Senator Foley, Senate Print 4876A, an

        13       act to amend the Real Property Tax Law.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Read the last section.

        16                  THE SECRETARY:    Section 3.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Call the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Announce the results.

        23                  Senator Larkin, to explain his

        24       vote.

        25                  SENATOR LARKIN:    A little more



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         1       than explain my vote.  We just had a meeting,

         2       and there was a decision here made to clarify

         3       this before we did anything with this bill.

         4                  SENATOR LaVALLE:    Mr. President.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator LaValle, why do you rise?

         7                  SENATOR LaVALLE:    Just a point of

         8       information.  What bill are we on, please?

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       For a point of information, Senator LaValle,

        11       we're on Calendar Number 671.

        12                  SENATOR LaVALLE:    By Senator

        13       Foley?

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       By Senator Foley.

        16                  SENATOR LaVALLE:    Thank you.

        17                  SENATOR LARKIN:    I'll speak on

        18       the bill.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Larkin, to explain his vote.

        21                  SENATOR LARKIN:    I understand

        22       where Senator Foley is coming from.  But when

        23       you look at the exemptions, those of you

        24       who've served at town or village or cities,

        25       when you do the assessments and you start to



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         1       say it's transferable, I think we've got

         2       another bill that we already did and it says

         3       local option.

         4                  I think that we ought to be

         5       looking, because if some individual moves from

         6       Point A to Point B and the benefit that he

         7       gets is better than where he was living

         8       before.

         9                  And I just asked him at the meeting

        10       if we couldn't have this discussed with the

        11       Association of Towns or the Conference of

        12       Mayors, because it's a good bill.  But

        13       somebody better make sure that they're all

        14       talking off the same sheet of music.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Thank you, Senator Larkin.

        17                  Senator Little, to explain her

        18       vote.

        19                  SENATOR LITTLE:    Thank you,

        20       Mr. President.  I would like to explain my

        21       vote.

        22                  And certainly having a son who is a

        23       veteran and another son who's on active duty,

        24       I support veteran's issues.  However, on this

        25       bill I believe it's a local option and it



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         1       differs between towns as to what kind of

         2       veterans tax exemption is given within that

         3       town.  And they're taking away -- normally you

         4       could transfer within a city, town or village

         5       and even though you bought another house, you

         6       could carry that exemption with you.

         7                  They're taking away city, town and

         8       village and saying that you can do that within

         9       a county.  For instance, Washington County is

        10       made up of 17 towns and nine villages, some

        11       which have a veterans exemption, some which

        12       don't have a veterans exemption.

        13                  So my concern is that now you could

        14       live in one town with a veterans exemption,

        15       move to another town without a veterans

        16       exemption.  As long as you're within the same

        17       county, you're carrying it with you -- whereas

        18       many of the veterans in that town don't have a

        19       veterans exemption.

        20                  So I think this is something that

        21       needs a little further examination and

        22       clarification, and it's something that we

        23       ought to at least have some input from the

        24       local governments on.  Therefore, I'm voting

        25       no.



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         1                  Thank you.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Little to be recorded in the negative.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 671 are

        14       Senators Larkin, Little and Ranzenhofer.

        15                  Ayes, 58.  Nays, 3.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is passed.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    Calendar Number

        21       672, by Senator Hassell-Thompson, Senate Print

        22       5370, an act to amend the Real Property Tax

        23       Law.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Read the last section.



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         1                  SENATOR LaVALLE:    Lay it aside,

         2       please.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The bill is laid aside.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Calendar Number

         8       673, by Senator Adams, Senate Print 6279A, an

         9       act to amend the Private Housing Finance Law.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the 30th day.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Call the roll.

        16                  SENATOR SALAND:    On the bill,

        17       please.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Saland, on the bill.

        20                  SENATOR SALAND:    Thank you,

        21       Mr. President.

        22                  I don't profess to have any great

        23       knowledge about the Housing Finance Law --

        24       Senator Adams isn't in the chamber, and I

        25       understand he wants to provide preferences to



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         1       veterans.  And I don't know if this was his

         2       intention or not.

         3                  I raised this, I believe, in the

         4       Rules Committee.  He is eliminating the word

         5       "disabled" on the second page of the bill

         6       which currently provides a preference for

         7       disabled veterans.  I simply didn't know if

         8       that was something done inadvertently or

         9       intentionally.  And if that's what he proposes

        10       to do, that's what he proposes to do.

        11                  I mentioned it, and supposedly it

        12       was going to be mentioned to Senator Adams,

        13       and I hope it was.  And perhaps he could

        14       respond to that.  That's all.

        15                  Thank you.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 30th day.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Adams, to explain his vote.

        25                  SENATOR ADAMS:    I just want to



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         1       explain -- yes, thank you, Senator Saland.

         2       And I'm one of those few Senators, I stand in

         3       the chamber the whole day so we can move good.

         4       I don't leave, you know.

         5                  The bill -- we don't remove

         6       "disabled."  What happened was between 1961 --

         7       just to explain my vote -- between 1961 and

         8       1975, we offered this to Vietnam veterans,

         9       disabled or not.  What we're doing is we're

        10       still allowing disabled vets to have the

        11       Mitchell-Lama, you know, the option, but we're

        12       also expanding it to all those who serve

        13       during wartime to have the same option.

        14                  So we're not taking away the

        15       "disabled," we're just expanding it to include

        16       all the other soldiers who fought in all the

        17       wars that are currently going on now.

        18                  I vote aye.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator Adams to be recorded in the

        21       affirmative.

        22                  Announce the results.

        23                  THE SECRETARY:    Ayes, 61.  Nays,

        24       0.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       The bill is passed.

         2                  The Secretary will continue to

         3       read.

         4                  THE SECRETARY:    Calendar Number

         5       674, by Senator Valesky, Senate Print 7041, an

         6       act to amend the Environmental Conservation

         7       Law.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Read the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Call the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       The bill is passed.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 677, Senator C. Kruger moves

        22       to discharge, from the Committee on Finance,

        23       Assembly Bill Number 11313 and substitute it

        24       for the identical Senate Bill Number 8019,

        25       Third Reading Calendar 677.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Substitution ordered.

         3                  THE SECRETARY:    Calendar Number

         4       677, by the Assembly Committee on Rules,

         5       Assembly Print Number 11313, an act making

         6       appropriations for the support of government.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, is

        10       there a message of necessity and appropriation

        11       at the desk?

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       There is a message of necessity and

        14       appropriation at the desk.

        15                  SENATOR KLEIN:    Mr. President, I

        16       move to accept the message at this time.

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       The question is on the acceptance of the

        19       message of necessity and appropriation.  All

        20       those in favor please signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Opposed, nay.

        24                  (Response of "Nay.")

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       The message is accepted.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 17.  This

         4       act shall take effect immediately.

         5                  SENATOR LaVALLE:    Lay it aside,

         6       please.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is laid aside.

         9                  Senator Klein, that completes the

        10       reading of the noncontroversial supplemental

        11       calendar.

        12                  SENATOR KLEIN:    Mr. President,

        13       can we please go a controversial reading of

        14       the supplemental calendar.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       The Secretary will ring the bell.  All members

        17       are asked to come to the chamber for the

        18       reading of the controversial supplemental

        19       calendar.

        20                  And again I repeat, I request all

        21       members to please stay in their seats or stay

        22       within the chamber so we can move the debate

        23       along.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       672, by Senator Hassell-Thompson, Senate Print

         2       5370, an act to amend the Real Property Tax

         3       Law.

         4                  SENATOR LaVALLE:    Explanation,

         5       please.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator Hassell-Thompson, an explanation has

         8       been requested by Senator LaValle.

         9                  SENATOR HASSELL-THOMPSON:    Thank

        10       you, Mr. President.

        11                  This bill is an attempt to amend

        12       the Real Property Tax Law, granting an

        13       additional tax exemption for two qualified

        14       veterans living in the same household.

        15                  There was a discussion in Rules,

        16       and somehow all of us looking at it failed to

        17       realize that under the justification it does

        18       say that each county must opt in for both

        19       alternative exemptions.  And that seemed to

        20       have been the basis of concern.

        21                  If there's specific questions, I'll

        22       answer them.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator LaValle, why do you rise?

        25                  SENATOR LaVALLE:    Would the



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         1       Senator yield for a question.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Hassell-Thompson, will you yield for a

         4       question?

         5                  SENATOR HASSELL-THOMPSON:    Yes.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator LaValle.

         8                  SENATOR LaVALLE:    Senator, you

         9       were right on the money that the sense was,

        10       was this at a local option.  And the members

        11       are having a hard time finding that language.

        12       Could you point that out to us in the bill?

        13                  SENATOR HASSELL-THOMPSON:    The

        14       language is not in the bill, but it is in the

        15       supporting memo.  Which harkens back to the

        16       original bill that allows for exemptions.

        17                  What this bill does is enhance an

        18       existing tax exemption.  It gives an

        19       additional tax exemption to two categories,

        20       those with two veterans sharing the same

        21       household and those veterans who served in a

        22       combat zone.  Both options have -- must be

        23       opted in by each county.

        24                  The original law does say that this

        25       enhancement does not change the original law.



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         1                  SENATOR LaVALLE:    Section --

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator LaValle, do you wish --

         4                  SENATOR LaVALLE:    Yes.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Senator Hassell-Thompson, will you yield for

         7       another question?

         8                  SENATOR HASSELL-THOMPSON:    Yes.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator LaValle.

        11                  SENATOR LaVALLE:    Is that

        12       original section in Section 1 of the law which

        13       talks about paragraphs A and B of subdivision

        14       2 of Section 458(a) of the Real Property Tax

        15       Law, is that in that section of law that is --

        16                  SENATOR HASSELL-THOMPSON:    I

        17       would be lying to you if I told you that it

        18       did, because I'm not looking at the original

        19       law.

        20                  But what I have been told, because

        21       I didn't -- I don't have access at this moment

        22       to the original law, but that the original law

        23       does contain the language that says each

        24       county must opt in.

        25                  And in this memo it says that



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         1       New York State recognizes in blah, blah, blah,

         2       and then it says the alternative exemptions

         3       are available only for residential properties

         4       of veterans who served during wartime or

         5       received an expeditionary medal.  This

         6       provides for an exemption of 15 percent of the

         7       assessed value to veterans who served during

         8       wartime, an additional 10 percent to those who

         9       served in a combat zone.  Each county must opt

        10       in to grant this alternative exemption.

        11                  SENATOR LaVALLE:    Just on the

        12       bill, Mr. President.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator LaValle, on the bill.

        15                  SENATOR LaVALLE:    Based on what

        16       Senator Hassell-Thompson has indicated, and

        17       based on a reading of the original law, so it

        18       is your intent and actual, we have found to

        19       date that the counties must -- the county,

        20       city, town or village may adopt a local law.

        21       So it does have a opt-in provision.

        22                  Thank you, Senator.

        23                  SENATOR HASSELL-THOMPSON:    Thank

        24       you.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Are there any other Senators who wish to be

         2       heard on the bill?

         3                  Hearing none, the debate is closed.

         4       The Secretary will please ring the bells.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the first of January

         8       next succeeding.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Call the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Announce the results.

        14                  THE SECRETARY:    Ayes, 61.  Nays,

        15       0.

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       The bill is passed.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    Calendar Number

        21       677, substituted earlier today by the Assembly

        22       Committee on Rules, Assembly Print Number

        23       11313, an act making appropriations for the

        24       support of government.

        25                  SENATOR DeFRANCISCO:



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         1       Explanation.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Kruger, an explanation has been

         4       requested by Senator DeFrancisco.

         5                  SENATOR CARL KRUGER:    Thank you,

         6       Mr. President.

         7                  This emergency spending

         8       appropriation bill, the ninth in a series,

         9       covers the period through June 6th.  It

        10       provides an All Funds appropriation of

        11       $5.45 billion and a General Fund appropriation

        12       of $1.236 billion.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator DeFrancisco, why do you rise?

        15                  SENATOR DeFRANCISCO:    I just have

        16       a couple of questions of Senator Kruger, if

        17       he'd yield.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Kruger, will you yield for some

        20       questions from Senator DeFrancisco?

        21                  SENATOR CARL KRUGER:    It will be

        22       my pleasure, Mr. President.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator DeFrancisco.

        25                  SENATOR DeFRANCISCO:    Senator



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         1       Kruger, it's my understanding that since the

         2       leaders' meeting last week, during which there

         3       was an agreement to have the staffs of the

         4       Minority and Majority meet last Thursday, that

         5       such a meeting did in fact occur, a meeting

         6       among the staff members.  Is that correct?

         7                  SENATOR CARL KRUGER:    Yes, it

         8       did.

         9                  SENATOR DeFRANCISCO:    And can you

        10       tell me, out of that meeting, whether or not

        11       any agreements were reached?

        12                  SENATOR CARL KRUGER:    Through

        13       you, Mr. President, the meetings were very

        14       fruitful.  To the extent that what we are

        15       doing, as was expressed out of the five-way

        16       leaders' meeting of last week, targets are

        17       being looked at to see exactly what the

        18       2-pont-odd-billion-dollar gap is and how we

        19       approach filling it.

        20                  As you well know, tomorrow there is

        21       a five-way leaders' meeting scheduled for

        22       11:00 a.m.

        23                  SENATOR DeFRANCISCO:    Would

        24       Senator Kruger continue to yield.

        25                  SENATOR CARL KRUGER:    Yes, I do,



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         1       Mr. President.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Kruger will continue to yield, Senator

         4       DeFrancisco.

         5                  SENATOR DeFRANCISCO:    Senator

         6       Kruger, at that leaders' meeting last week,

         7       that was a week ago, and there's been no

         8       announcement as to what the -- any

         9       announcements about the $2.5 million, as to

        10       how that's going to be debated among

        11       committees of the rank-and-file members.

        12                  SENATOR CARL KRUGER:    Through

        13       you, Mr. President, it's billion, 2-point-odd

        14       billion.  And yes, there are targets.  Those

        15       targets will be discussed tomorrow at the

        16       five-way meeting.

        17                  And with the leadership agreeing,

        18       the next step hopefully is the process to

        19       begin conference committees.

        20                  SENATOR FLANAGAN:    All right.

        21       And would you yield to another question?

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Kruger, will you continue to yield?

        24                  SENATOR CARL KRUGER:    Yes, I do,

        25       Mr. President.



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         1                  SENATOR DeFRANCISCO:    So the

         2       targets have been set at this point in time as

         3       to the $2.5 billion gap, is that what you're

         4       saying?

         5                  SENATOR CARL KRUGER:    No, I'm

         6       not.  I'm saying that there are -- there are,

         7       on the radar screen, places where we would be

         8       looking toward, hopefully, with the agreement

         9       of moving forward to fill in those target

        10       numbers.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator DeFrancisco.

        13                  SENATOR DeFRANCISCO:    Would he

        14       continue to yield.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Kruger, will you continue to yield?

        17                  SENATOR CARL KRUGER:    Yes, I

        18       will, Mr. President.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator DeFrancisco.

        21                  SENATOR DeFRANCISCO:    Does that

        22       mean we're nearing the critical mass, since

        23       they're on the target screen?

        24                  SENATOR CARL KRUGER:    I guess

        25       it -- through you, Mr. President, when we're



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         1       finished with this entire process what we're

         2       going to do is develop a new glossary of terms

         3       as to what this budget negotiation is all

         4       about.  So you can add "radar screen" to it as

         5       well.

         6                  SENATOR DeFRANCISCO:    All right.

         7       Lastly, Senator Kruger, the other thing that

         8       was mentioned at the last leaders' meeting was

         9       the fact that there have been $6.5 billion in

        10       agreed-upon budget-gap closers.  Could you

        11       relate to this chamber what those $6.5 billion

        12       of budget-gap closers are?

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       I'm assuming you want Senator Kruger to yield

        15       to that question.

        16                  SENATOR DeFRANCISCO:    Yes.  Would

        17       you yield to that?

        18                  SENATOR CARL KRUGER:    Through

        19       you, Mr. President, I think what we're talking

        20       about are small, small closers that have been

        21       tentatively agreed to.  I do not have a list

        22       currently, but I certainly will attempt to

        23       have staff put one together and furnish it to

        24       you.

        25                  SENATOR DeFRANCISCO:    Would



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         1       Senator Kruger continue to yield.

         2                  SENATOR CARL KRUGER:    Yes, I do,

         3       Mr. President.

         4                  SENATOR DeFRANCISCO:    6.5 billion

         5       is not a small amount of budget-gap closers,

         6       at least on my parameters.  So you're saying,

         7       though, that as to the $6.5 billion of

         8       budget-gap closers, that's why we only need

         9       $2.5 billion that we've got to worry about,

        10       you mean there's a list presently as to what

        11       those are?

        12                  SENATOR CARL KRUGER:    Through

        13       you, Mr. President, there's not a

        14       comprehensive list.  We will attempt to put

        15       together a list and furnish it to you.

        16                  SENATOR DeFRANCISCO:    I don't

        17       have any further questions.  I'll just speak

        18       on the bill.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator DeFrancisco, on the bill.

        21                  SENATOR DeFRANCISCO:    You know,

        22       I'm not quite sure where to begin here.  I

        23       just think this is so ridiculous, and it gets

        24       more ridiculous each week.

        25                  We're asked to extend for our ninth



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         1       time a budget extender to keep government

         2       operating.  And from what we've been told in

         3       the past, at midnight of the day we're doing

         4       these extenders, everything is going to stop,

         5       government is going to stop.  Well, if we used

         6       our entire two hours of time on this debate,

         7       we would have the government stopped, because

         8       it would become 12 o'clock.  But nobody

         9       believes that we have to do that to show that

        10       government will not stop.

        11                  But if there's been a $6.5 billion

        12       gap that's been closed, that's been closed --

        13       since all we're going to deal with, according

        14       to Senator Kruger, is the additional

        15       $2.5 billion, that that's going to be divided

        16       up among tables -- shouldn't somebody be given

        17       the knowledge of what those $6.5 billion of

        18       closers are?  I mean, you're going to get us a

        19       list after nine extenders?

        20                  In fact, I think it was at least a

        21       week ago that Assembly Speaker Silver actually

        22       said that there's $6.5 billion of the gap has

        23       been closed.  Apparently it's been done

        24       miraculously, because there's been no leaders'

        25       meeting till last week, and there's not



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         1       another leaders' meeting till tomorrow.

         2                  But if that's been done, shouldn't

         3       the public or the rank-and-file members be

         4       notified of what that $6.5 billion gap that's

         5       been closed, how it was closed?  I've got a

         6       feeling the reason no one is notified is that

         7       it hasn't been closed, and we're being given

         8       more nonsensical answers to legitimate

         9       questions.

        10                  I know the people in my district, I

        11       know we're falling over ourselves -- as a

        12       veteran, I'm a veteran -- we're all falling

        13       over ourselves today to pass veterans bills to

        14       make our veterans feel real good about what

        15       we're doing today.  And we had a wonderful

        16       ceremony today, and that's wonderful too.

        17                  But veterans also are citizens of

        18       this state that, at the -- at least the

        19       parades I was at and the events I was at,

        20       asked me more than once, "What can you tell me

        21       about the budget?"  That's of concern to

        22       veterans.  Maybe not as much as the exemptions

        23       that we're bestowing upon them tonight.  Or

        24       maybe not even as much as the honors we're

        25       giving the people that came here today and



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         1       were honored.

         2                  We've got to give answers.  We've

         3       got to provide some type of indication that

         4       we're doing something.  Other than a game that

         5       is so transparent, and it gets more

         6       transparent every week.

         7                  You know what's one of the most

         8       ridiculous things about today is we've said

         9       over and over that these public budget

        10       meetings were part of a 2007 reform bill that

        11       all of us were proud of and we're not

        12       following the law.  We've done that, I've said

        13       that every week.

        14                  You know what's really ironic about

        15       today?  While that reform bill was being

        16       ignored, the majority party, the Democrats,

        17       came out with a new series of reform

        18       legislation, how they're going to reform the

        19       budget process.  And you know what it

        20       provided?  We're going to move the date that

        21       the budget is due from April 1 to June 1.

        22                  Well, guess what.  You violated

        23       your new reform before you even passed it.

        24       You violated your new reform before you even

        25       passed it.  I mean, how can you defend that?



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         1       I don't know.  I don't know.  I'd be

         2       embarrassed.  I'm embarrassed even though I --

         3       despite what I say, I have nothing to do or

         4       nothing to say about closing this budget,

         5       because we're not part of it.

         6                  We're now, by the way, according to

         7       the Comptroller, who happens to be a

         8       Democrat -- that's a nonpartisan person, a

         9       Democrat -- we now went into a negative fund

        10       balance last week.  A negative fund balance.

        11       I hope everyone is proud here of everything

        12       that we're doing and proud of our answers on

        13       the floor as to what's going on with the

        14       budget.  A negative fund balance, probably for

        15       the first time in history.  At least the

        16       history that I know of since I've been here.

        17       And the state had to borrow $500 million from

        18       the state's temporary investment pool to

        19       continue paying the state's obligations.

        20                  And by the way, we're not paying

        21       all the state's obligations.  And those in

        22       many cases contractually that are over 30 days

        23       in duration that haven't been paid,

        24       contractors and the like, are incurring

        25       interest payments.  So we're losing money as



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         1       we're going through this process.

         2                  I'm not sure what we're waiting

         3       for, what the majority party and the leaders

         4       are waiting for.  What is going to be better

         5       the tenth week or the eleventh week or the

         6       twelfth week?  Are we going to get some

         7       magical change in the economy?  Well, let me

         8       tell you, the market tanked again today.

         9       There doesn't seem to be much hope, if you pay

        10       any attention to the economists and the budget

        11       and the investor community, that things are

        12       getting better.  In fact, they're getting

        13       worse.

        14                  What miracle is going to happen?

        15       Are we going to get a cash cow from Washington

        16       and some more stimulus money to fill the gap

        17       another year and kick the can of the problem

        18       down the block for another couple of years?

        19       Is that the concept?

        20                  And by the way, in case that's what

        21       you're waiting for, the taxpayers in this

        22       state that I know don't really care whether

        23       you take their money from the wallet if it's

        24       in this side of the pocket, the state side, or

        25       this side of the pocket if it's the federal



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         1       side.  It's their same wallet, the same money.

         2       It only goes so far.  And we don't deal with

         3       our problems as they become due.

         4                  Are we waiting till people might be

         5       so tired of waiting that they'll buy into

         6       billions of dollars of borrowing?  Is that

         7       what we're waiting for?  I'm not quite sure

         8       that's going to happen, because I don't think

         9       many people want borrowing to be the answer to

        10       this budget problem.

        11                  Well, I guess I can go on and talk

        12       about the other extenders and how we went

        13       forward and maybe a week after we make an

        14       amendment, then the road projects are in; a

        15       week after we make an amendment, the racing

        16       season is saved; a week or two after we make

        17       an amendment talking about the parks, the

        18       parks miraculously are saved.  I mean, is that

        19       a way to run government?

        20                  We don't have any amendments today.

        21       You're going to have to figure it out

        22       yourself.  You're going to have figure out

        23       yourself how you're going to correct the daily

        24       problems that are arising throughout the

        25       state.



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         1                  We want to participate.  We've

         2       asked to participate.  But apparently, to this

         3       date, the Assembly Speaker has not even named

         4       members to the conference committees, and

         5       there's going to be a leaders' meeting

         6       tomorrow.  There's no schedule to do anything.

         7       And we're beyond your newest most wonderful

         8       reform action, June 1 budget date.  And still

         9       no meeting scheduled.

        10                  And rhetorically, I'm just going to

        11       ask the majority, what are you waiting for?

        12       What are you waiting for?

        13                  Tomorrow should be extremely

        14       interesting.  But I would hope that tomorrow

        15       will show two things, what the $6.5 billion in

        16       closers are that have been agreed to,

        17       supposedly, what the 6.5 billion of closers

        18       have been agreed to, what they are and what

        19       that agreement was, because none of us

        20       participated in it; and, number two, the

        21       $2.5 billion in deficit situation that we're

        22       still in, how the structure is going to be

        23       made for the conference committees to deal

        24       with that additional deficit.

        25                  And I've got a feeling we're going



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         1       to have a little talk, some more rhetoric, and

         2       then maybe another week's delay in order for

         3       another grand leaders' meeting to be held

         4       where nothing gets done.

         5                  It seems to me if there was true,

         6       true belief that something should be done,

         7       then you don't wait from a Monday to the

         8       following Tuesday or Wednesday to appoint

         9       committee members, set a schedule and get a

        10       list of the $2.5 billion and how you're going

        11       to deal with it.  If you are acting in good

        12       faith.  But obviously there's little good

        13       faith or no faith that anybody in the state

        14       has for the way the process is working.

        15                  So I would suggest one last thing

        16       as I'm sitting down.  I would suggest, in

        17       order to try to divert the attention of the

        18       general public from this problem, you come out

        19       with another reform package that moves the

        20       date for the budget to be passed from June --

        21       now from June 1, the new date, to July 1.  And

        22       then a month from now we'll talk again about a

        23       new reform package that maybe you could come

        24       out with that might move the date further and

        25       further along, maybe to December 1, so you



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         1       don't have to do a budget before the next

         2       crucial election.

         3                  So, ladies and gentlemen, at some

         4       point we're going to have that one or two

         5       people over there that's as embarrassed as I

         6       am, and as the people on this side of the

         7       aisle are, and say "Enough is enough, I'm not

         8       voting for this thing," or "Enough is enough,

         9       I'll give you one more week, Week 10," because

        10       we've now gone past our latest, greatest

        11       super-duper reform package on how to deal with

        12       a budget.

        13                  I'm going to vote nay on this, as I

        14       have in the last several weeks.  Thank you.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Senator Robach.

        17                  SENATOR ROBACH:    Yes, would

        18       Senator Kruger yield for a couple of quick

        19       questions, Mr. President.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Kruger, will you yield for a couple of

        22       quick questions from Senator Robach?

        23                  SENATOR CARL KRUGER:    Yes,

        24       Mr. President.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Senator Kruger will yield.

         2                  SENATOR ROBACH:    Senator Kruger,

         3       I just want to make sure I'm right on this.  I

         4       know Senator Sampson has named conference

         5       committee members, Senator Skelos, Brian Kolb.

         6       Who is the only party left that hasn't named

         7       their conference committee members in the

         8       process, out of our four groups?

         9                  SENATOR CARL KRUGER:    Only party?

        10       I don't know what you mean by "party."

        11       Through you, Mr. President.  Senator Robach,

        12       what do you mean by "party"?

        13                  SENATOR ROBACH:    Out of the four

        14       participating houses, minorities, majorities,

        15       is the Assembly the only -- is Speaker Silver

        16       the only one who has not named his conference

        17       committees?

        18                  SENATOR CARL KRUGER:    I believe

        19       so.

        20                  SENATOR ROBACH:    And I'm only

        21       asking this because I'm not in the meetings,

        22       and so I really do believe --

        23                  SENATOR CARL KRUGER:    Through

        24       you, Mr. President, in response to your

        25       question, I believe so.



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         1                  SENATOR ROBACH:    You know what, I

         2       would just ask this through you,

         3       Mr. President.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       You wish Senator Kruger to continue to yield?

         6                  SENATOR ROBACH:    Would you

         7       continue to yield?

         8                  SENATOR CARL KRUGER:    Yes, I do.

         9                  SENATOR ROBACH:    There's

        10       obviously a great of frustration, not only

        11       with us but in our constituency.  And as much

        12       as they're frustrated with the challenge at

        13       hand, it is very frustrating when I don't

        14       think anybody on either side of the aisle can

        15       answer the question where we're at.

        16                  And I think that you would agree

        17       that Senator DeFrancisco's very poignant

        18       question as to what incremental progress we've

        19       made, if any, even behind closed doors --

        20       we're so desperate for information, we'll take

        21       that at this point -- what that is or what we

        22       can report back to our constituents.  Is there

        23       anything that we can tell them at this point,

        24       from your negotiations or staff negotiations,

        25       between you and Sheldon Silver's staff and the



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         1       Governor's staff at this point at all?

         2                  SENATOR CARL KRUGER:    They're

         3       ongoing.

         4                  SENATOR ROBACH:    What's that?

         5                  SENATOR CARL KRUGER:    They're

         6       ongoing.

         7                  SENATOR ROBACH:    All right, let

         8       me ask through you, Mr. President, one more

         9       question.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Kruger, will you continue to yield?

        12                  SENATOR CARL KRUGER:    Yes, I do,

        13       Mr. President.

        14                  SENATOR ROBACH:    If my

        15       constituents are unhappy with the answer of

        16       ongoing negotiations with no result, could you

        17       provide me as an insider with anything a

        18       little bit more comprehensive or thorough?

        19       And maybe let me add this to the question:  Is

        20       that what you tell your own constituents?

        21                  SENATOR CARL KRUGER:

        22       Negotiations are ongoing and they are -- in

        23       my, in the world way I see the world, and they

        24       are fruitful.

        25                  SENATOR ROBACH:    Well, on the



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         1       bill, Mr. President.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Robach, on the bill.

         4                  SENATOR ROBACH:    You know,

         5       really, nobody wants to shut down government.

         6       That's not what this is about.  But we have to

         7       get a result at some point.

         8                  And my guess is tomorrow Sheldon

         9       Silver, after he agreed publicly with all the

        10       other leaders to do conference committees but

        11       has done nothing in I don't know how many

        12       days -- 10 days, 12 days, whatever -- will

        13       probably continue to play the budget

        14       rope-a-dope game, which doesn't work for my

        15       constituency.  I don't think it works for

        16       yours or anybody's, for that matter.

        17                  But there has to be some pressure

        18       to bear by all the parties to start getting a

        19       result.  Now, we have trampled on the Budget

        20       Reform Act of 2007.  I don't know the logic.

        21       I don't make that decision.  I think it's a

        22       bad one.  I think it's a bad one for good

        23       government, but I also think it's a bad one

        24       for results.

        25                  We're in challenging times, and



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         1       this is where we should be letting the public

         2       know the difficult decisions we have and

         3       letting them in, so to speak, on what we can

         4       do.  Instead, you the Democratic conferences,

         5       have chosen to go in exactly the opposite

         6       direction and make it as closed and

         7       nontransparent as possible.

         8                  And so now not only are we

         9       frustrated with the result, but I literally

        10       can't go back to my district, when a business

        11       group, a community group says "What's going on

        12       with the budget?" and really give them too

        13       much information that's accurate.  And, you

        14       know, the one thing I have in this business is

        15       my word, my handshake and my bond.  But when

        16       you don't have any information, how can you

        17       really talk to somebody about what you're

        18       going to do?

        19                  So we really not can do better,

        20       must do better for our constituencies.  And I

        21       won't even go into all the people that can't

        22       make their budget, school districts and

        23       everything else.

        24                  But the time is long overdue.  So I

        25       hope everybody will get a little focused, and



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         1       whatever pressure we can provide to get this

         2       budget done, where we're already two months

         3       late, get these conference committees really

         4       going and make sure everybody participates,

         5       critically, critically important.

         6                  But until that time, I'm going to

         7       continue to vote no for this extender.  And I

         8       think it's hard, if you're voting yes, to

         9       really go back to anybody and say in good

        10       faith something constructive is trying to

        11       happen to get a budget done.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Flanagan.

        15                  SENATOR FLANAGAN:    Thank you,

        16       Mr. President.  Would Senator Kruger yield to

        17       a question?

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Kruger, do you yield to a question

        20       from Senator Flanagan?

        21                  SENATOR CARL KRUGER:    Yes, I do,

        22       Mr. President.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Flanagan.

        25                  SENATOR FLANAGAN:    Thank you.



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         1                  Senator Kruger, I listened to your

         2       dialogue with Senator DeFrancisco with rapt

         3       attention, like most of my colleagues.  And I

         4       want to hone in on one thing in particular.

         5       You talked about the $6.5 billion, you alluded

         6       to "small closers."  I would agree with

         7       Senator DeFrancisco, $6.5 billion is a lot of

         8       money.  It represents well over 4 percent of

         9       our entire budget.  And you referenced that

        10       there would be a list that would be put

        11       together.

        12                  My question is, there is a leaders'

        13       meeting tomorrow at 11 o'clock.  Will that

        14       list be available for the public's review and

        15       consumption prior to that leaders' meeting?

        16                  SENATOR CARL KRUGER:    Through

        17       you, Mr. President.  I can't say with any

        18       certainty that there will be.

        19                  SENATOR FLANAGAN:    Mr. President,

        20       on the bill.

        21                  Thank you, Senator Kruger.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Flanagan, on the bill.

        24                  SENATOR FLANAGAN:    I'm going to

        25       join in the comments of my colleague and



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         1       friend Senator DeFrancisco.  It's not

         2       fruitful, it's not ongoing, it's dead, it's

         3       fruitless, it's a disgrace what we're involved

         4       in right now.

         5                  Now, I'm going to touch on

         6       something that Senator DeFrancisco briefly

         7       touched on.  The reality is we are at a

         8       crossroads.  We're out of cash.  We are out of

         9       cash.  And the way we staved off the

        10       inevitable was in a temporary way by saying

        11       the $2.3 billion that was supposed to go out

        12       June 1st to our school districts, who have

        13       been clamoring for the money, we're not paying

        14       it.  Because we don't have it.

        15                  And then on top of that, we take

        16       $500 million from the short-term investment

        17       pool.  And I know in some respects this is

        18       absolutely tedious to listen to, but it is so

        19       incredibly important.  We took $500 million

        20       from that fund.  And last year in the budget

        21       we made this funky little change that allowed

        22       some of this to happen.

        23                  Last year, before we enacted the

        24       budget, any money that was ever borrowed from

        25       that pool had to be paid back within the same



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         1       month.  That's not the rule anymore.  Now it

         2       can be done crossed over months.  So now,

         3       instead of paying it back within the inside of

         4       a month, it can go for four months or to the

         5       end of the fiscal year, whichever is shorter.

         6                  And I know that there are some

         7       discussions -- not on a list, not publicly --

         8       about potentially doing intrayear transfers.

         9       The head of the Division of the Budget is

        10       quoted, as late as this afternoon:  "'New York

        11       has been able to stave off an empty treasury

        12       thanks to holding back on aid to

        13       municipalities and schools,' Division of

        14       Budget Director Robert Mega said this

        15       afternoon."

        16                  And then he goes on to say, "I

        17       think it really depends, in terms of layoffs

        18       and things we're facing, how successful the

        19       early retirement program is.  But there's

        20       almost no scenario under the early retirement

        21       program where we get all the savings we need."

        22                  Ladies and gentlemen, we're out of

        23       money.  I don't know how we can possibly go

        24       back to our constituents and say it's ongoing

        25       and it's fruitful.  There's nothing going on.



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         1       There's nothing that's happened since the

         2       leaders' meeting last week.

         3                  I went to parades over the weekend

         4       just like everybody else.  It's embarrassing

         5       to have to stand there and say, "No, there is

         6       no budget."  "No, there is no prospect of a

         7       budget happening anytime soon."

         8                  So I'm going to do what I've done

         9       for the last eight weeks.  I'm going to

        10       exercise the one power, discretion and

        11       absolute authority that I have, just like

        12       everybody else in the chamber and across the

        13       way in the Assembly:  I'm going to use my

        14       vote.  That's the one thing that makes me as

        15       powerful as any leader, any chair in either

        16       house.

        17                  And I'm going to vote no, because

        18       it's ridiculous that we're letting this

        19       charade and this folly go on.  The taxpayers

        20       deserve a lot better and a lot quicker.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Seeing no other Senators wishing to debate the

        23       bill, the debate is closed.

        24                  The Secretary will please ring the

        25       bells.



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         1                  Read the last section.

         2                  THE SECRETARY:    Section 17.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Saland, to explain his vote.

         9                  SENATOR SALAND:    Thank you,

        10       Mr. President.

        11                  I'm going to cast my vote in the

        12       negative.  But I merely wanted to make

        13       mention, in listening to the exchanges here on

        14       the floor about $6.5 billion of alleged

        15       agreed-upon and yet unseen cuts and another

        16       $2.5 billion to go, some of us may be aware of

        17       the fact that the Governor's budget called

        18       upon an additional billion dollars or included

        19       an additional billion dollars in so-called

        20       FMAP or Medicaid money.

        21                  When last seen, that money had

        22       disappeared from the federal budget,

        23       notwithstanding the entreaties of a number of

        24       New York Congressional delegation members that

        25       that in fact was going to happen.



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         1                  So at this moment, as we stand here

         2       today, there's at least an additional

         3       billion-dollar hole in the Governor's proposed

         4       budget.  So I would hope that we would be

         5       thinking in terms of dealing with not

         6       $2.5 billion more, but $3.5 billion more.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Saland, how do you vote?

        10                  SENATOR SALAND:    No.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Saland to be recorded in the negative.

        13                  Are there any other Senators

        14       wishing to explain their vote?

        15                  Announce the results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 677 are

        18       Senators Alesi, Bonacic, DeFrancisco, Farley,

        19       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        20       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        21       Libous, Little, Marcellino, Maziarz, McDonald,

        22       Nozzolio, Padavan, Ranzenhofer, Robach,

        23       Saland, Seward, Skelos, Volker, Winner and

        24       Young.

        25                  Ayes, 32.  Nays, 29.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       The bill is passed.

         3                  Senator Klein, that completes the

         4       reading of the controversial supplemental

         5       calendar.

         6                  Can we just have some order,

         7       please, in the chamber.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President,

        10       can we please return to motions and

        11       resolutions.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Returning to the order of motions and

        14       resolutions.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    On behalf of

        17       Senator Ruth Hassell-Thompson, on page number

        18       27 I offer the following amendments to

        19       Calendar Number 570, Senate Print Number 3890,

        20       and ask that said bill retain its place on

        21       Third Reading Calendar.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       So ordered.

        24                  SENATOR KLEIN:    Mr. President, is

        25       there any further business at this desk?



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Senator Klein, the desk is clear.

         3                  SENATOR KLEIN:    There being no

         4       further business, Mr. President, I move that

         5       we adjourn until Wednesday, June 2nd, at

         6       3:00 p.m.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       There being no further business to come before

         9       the Senate, on motion, the Senate stands

        10       adjourned until Wednesday, June 2nd, at

        11       3:00 p.m.

        12                  (Whereupon, at 10:37 p.m., the

        13       Senate adjourned.)

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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