Regular Session - June 17, 2010

                                                            5532



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 17, 2010

        11                      11:32 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR DAVID J. VALESKY, Acting President

        19  ANGELO J. APONTE, Secretary

        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, may we bow our heads in a

        11       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       Wednesday, June 16, the Senate met pursuant to

        19       adjournment.  The Journal of Tuesday, June 15,

        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 Breslin, on page number 31 I

        11       offer the following amendments to Calendar

        12       Number 749, Senate Print Number 4869A, and ask

        13       that said bill retain its place on Third

        14       Reading Calendar.

        15                  ACTING PRESIDENT VALESKY:    So

        16       ordered.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Mr. President, I

        19       believe there are substitutions at the desk.

        20       I ask that we make the substitutions at this

        21       time.

        22                  ACTING PRESIDENT VALESKY:    The

        23       Secretary will read the substitutions.

        24                  THE SECRETARY:    On page 5,

        25       Senator Breslin moves to discharge, from the



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         1       Committee on Rules, Assembly Bill Number

         2       10038A and substitute it for the identical

         3       Senate Bill Number 4767B, Third Reading

         4       Calendar 37.

         5                  On page 8, Senator Valesky moves to

         6       discharge, from the Committee on Rules,

         7       Assembly Bill Number 8300A and substitute it

         8       for the identical Senate Bill Number 5722A,

         9       Third Reading Calendar 169.

        10                  On page 15, Senator LaValle moves

        11       to discharge, from the Committee on Rules,

        12       Assembly Bill Number 4422 and substitute it

        13       for the identical Senate Bill Number 1656,

        14       Third Reading Calendar 353.

        15                  On page 15, Senator Parker moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 9186B and substitute it

        18       for the identical Senate Bill Number 6079B,

        19       Third Reading Calendar 379.

        20                  On page 19, Senator Morahan moves

        21       to discharge, from the Committee on Rules,

        22       Assembly Bill Number 10791 and substitute it

        23       for the identical Senate Bill Number 7253,

        24       Third Reading Calendar 470.

        25                  On page 40, Senator Duane moves to



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         1       discharge, from the Committee on Rules,

         2       Assembly Bill Number 11343 and substitute it

         3       for the identical Senate Bill Number 7826,

         4       Third Reading Calendar 879.

         5                  And on page 46, Senator Huntley

         6       moves to discharge, from the Committee on

         7       Rules, Assembly Bill Number 11351 and

         8       substitute it for the identical Senate Bill

         9       Number 8060, Third Reading Calendar 936.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitutions ordered.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Mr. President,

        14       can you please recognize Senator Padavan for a

        15       floor motion.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Padavan.

        18                  SENATOR PADAVAN:    Mr. President,

        19       I wish to call up my bill, Print Number 4893,

        20       recalled from the Assembly, which is now at

        21       the desk.

        22                  ACTING PRESIDENT VALESKY:    The

        23       Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       77, by Senator Nozzolio, Senate Print 4893, an



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         1       act to amend the Executive Law.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Padavan.

         4                  SENATOR PADAVAN:    I now move to

         5       reconsider the vote by which this bill was

         6       passed.

         7                  ACTING PRESIDENT VALESKY:    The

         8       Secretary will call the roll on

         9       reconsideration.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 59.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Padavan.

        14                  SENATOR PADAVAN:    I believe we're

        15       restoring this bill on the Third Reading

        16       Calendar, am I not?

        17                  ACTING PRESIDENT VALESKY:    So

        18       ordered.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President,

        21       can you please recognize Senator Little.  She

        22       has an important announcement to make.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Little.

        25                  SENATOR LITTLE:    Thank you,



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         1       Mr. President.

         2                  I have the sad responsibility today

         3       of asking for a moment of silence and asking

         4       my colleagues to join me in that, on the loss

         5       of a life by a young Army fellow from my

         6       district.

         7                  Benjamin Osborn, age 27, who's a

         8       graduate of Lake George High School, was

         9       killed in a combat mission on Tuesday in

        10       Afghanistan.  Ben had served three years in

        11       the Army.  This was his second tour of duty.

        12       He spent 15 months in Iraq.  He had been in

        13       Afghanistan since April.

        14                  He leaves behind his mother and

        15       father, Beverly and Bill Osborn of Lake George

        16       his sister and three brothers, and his new

        17       wife, who he had just married in February of

        18       this past year, Nicole LaPier of South Glens

        19       Falls.

        20                  Ben is a real hero.  He was in a

        21       combat mission; there were about 20 of them.

        22       They were being assaulted by a larger Taliban

        23       group.  His command leader said "I need a

        24       gunner," and Ben Osborn stepped forward to be

        25       that gunner.  And he lost his life.



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         1                  I spoke with his mother, Beverly,

         2       this morning, and they are leaving at noon to

         3       go to Dover Air Base, where they will receive

         4       his remains sometime during the night.

         5                  But I'd just like to ask all of you

         6       to take a moment and offer a prayer and a

         7       moment of silence for this family, who are

         8       heartbroken by the loss of their son, but are

         9       truly proud about his service.

        10                  And we are very fortunate, all of

        11       us, as we know, to have young men and women

        12       who are willing to serve on a volunteer basis,

        13       to serve in harm's way and to be the person

        14       who steps forward and says "I'll do that,"

        15       even though they know that the outcome could

        16       be the loss of their life, as it was for

        17       Benjamin Osborn.

        18                  Thank you.  And if you would stand

        19       and join me for a moment of silence and

        20       remember this family in your prayers today.

        21                  ACTING PRESIDENT VALESKY:    If all

        22       Senators, staff and visitors would please rise

        23       to observe a moment of silence in memory of

        24       Benjamin Osborn.

        25                  (Whereupon, the assemblage



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         1       respected a moment of silence.)

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President,

         4       there will be an immediate meeting of the

         5       Veterans, Homeland Security and Military

         6       Affairs Committee, followed by an immediate

         7       meeting of the Crime Victims and Corrections

         8       Committee in the Majority Conference Room.

         9                  Pending the return of the Crime

        10       Victims and Corrections Committee, may we

        11       please stand at ease.

        12                  ACTING PRESIDENT VALESKY:    There

        13       will be an immediate meeting of the Veterans,

        14       Homeland Security and Military Affairs

        15       Committee, followed by a meeting of the Crime

        16       Victims, Crime and Corrections Committee in

        17       the Majority Conference Room.

        18                  Pending the return of the Crime

        19       Victims, Crime and Corrections Committee, the

        20       Senate will stand at ease.

        21                  (Whereupon, the Senate stood at

        22       ease at 11:39 a.m.)

        23                  (Whereupon, the Senate reconvened

        24       at 1:24 p.m.)

        25                  ACTING PRESIDENT VALESKY:    The



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         1       Senate will come to order.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, at

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

         5       calendar.

         6                  ACTING PRESIDENT VALESKY:    The

         7       Secretary will proceed with the reading of the

         8       noncontroversial calendar.

         9                  THE SECRETARY:    Calendar Number

        10       28, by Senator Perkins, Senate Print 1145C, an

        11       act to amend --

        12                  SENATOR LIBOUS:    Lay it aside.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is laid aside.

        15                  THE SECRETARY:    Calendar Number

        16       329, by Senator Huntley, Senate Print 3119C,

        17       an act to amend the Vehicle and Traffic Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the first of

        22       November.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       459, by Senator Dilan, Senate Print 5711B, an

         6       act to amend the Highway Law.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect on the 180th day.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will announce the results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 459 are

        18       Senators LaValle, Ranzenhofer and Skelos.

        19                  Ayes, 58.  Nays, 3.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       540, by Senator Valesky, Senate Print 7198B,

        24       an act to amend the Highway Law.

        25                  ACTING PRESIDENT VALESKY:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 3.  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       693, by Member of the Assembly McEneny,

        12       Assembly Print Number 9944, an act to amend

        13       the Public Health Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       712, by Member of the Assembly Weinstein,



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         1       Assembly Print Number 6922, an act to amend

         2       the Civil Practice Law and Rules.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT VALESKY:

        11       Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Calendar Number 712 are

        14       Senators Bonacic, DeFrancisco, Farley, Golden,

        15       Griffo, O. Johnson, Lanza, LaValle, Skelos and

        16       Winner.  Also Senator Nozzolio.  Also Senator

        17       Little.  Also Senator Saland.

        18                  Ayes, 48.  Nays, 13.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       716, by Senator Aubertine, Senate Print 7099,

        23       an act to amend the Agriculture and Markets

        24       Law.

        25                  ACTING PRESIDENT VALESKY:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 4.  This

         3       act shall take effect on the 120th day.

         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       720, by Senator Dilan, Senate Print 7439, an

        12       act to amend the Vehicle and Traffic Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       738, by Member of the Assembly Galef, Assembly

        25       Print Number 10869, an act to amend the Real



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         1       Property Tax Law.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       742, by Senator Adams, Senate Print 5767, an

        14       act to amend the Military Law.

        15                  ACTING PRESIDENT VALESKY:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT VALESKY:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       745, by Senator Hassell-Thompson, Senate Print

         2       7864, an act to amend the Correction Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Robach, to explain his vote.

        12                  SENATOR ROBACH:    Yes,

        13       Mr. President, just very briefly, to explain

        14       my vote.

        15                  This bill gives inmates more time

        16       off for participating in programs that they

        17       already participate in, but then would allow

        18       them to get out earlier.  I would have no

        19       problem if this bill was only for nonviolent

        20       felons, but this is for anyone incarcerated.

        21       I hear all across my district strong concerns

        22       with people that are already getting out, in

        23       the public's opinion, too early who have

        24       committed murders, violent offenses.

        25                  I just went through a petition



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         1       drive for an individual in my community, Walt

         2       Casper, let out at the earliest time possible,

         3       who very meticulously planned out and murdered

         4       his wife, the mother of his own children,

         5       only -- shockingly -- to get out very, very

         6       early in the process.

         7                  I think this bill would be much

         8       better and do the job if it only affected

         9       nonviolent felons rather than everyone in the

        10       criminal justice spectrum, especially those

        11       who have already preyed, maimed and murdered

        12       people in our community.  So for that reason

        13       I'll be voting in the negative.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Robach to be recorded in the negative.

        16                  Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 745 are

        19       Senators Bonacic, DeFrancisco, Flanagan,

        20       Fuschillo, Golden, Griffo, Hannon, O. Johnson,

        21       Lanza, Larkin, LaValle, Libous, Little,

        22       Marcellino, Maziarz, McDonald, Nozzolio,

        23       Ranzenhofer, Robach, Saland, Skelos, Winner,

        24       Young.  Also Senators Alesi, Farley and

        25       Padavan.



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         1                  Ayes, 35.  Nays, 26.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       748, by Member of the Assembly Pheffer,

         6       Assembly Print Number 4916, an act to amend

         7       the Insurance Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect on the 90th day.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 61.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       778, by Senator Thompson, Senate Print 4949A,

        20       an act to amend the Environmental Conservation

        21       Law.

        22                  ACTING PRESIDENT VALESKY:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT VALESKY:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT VALESKY:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       781, by Senator Klein, Senate Print 5508A, an

         9       act to amend the Alcoholic Beverage Control

        10       Law.

        11                  ACTING PRESIDENT VALESKY:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 6.  This

        14       act shall take effect on the 180th day.

        15                  ACTING PRESIDENT VALESKY:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 61.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       789, by Senator Stachowski, Senate Print 6970,

        23       an act to amend the Alcoholic Beverage Control

        24       Law.

        25                  ACTING PRESIDENT VALESKY:    Read



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         1       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       792, by Member of the Assembly Reilly,

        12       Assembly Print Number 10772, an act to amend

        13       the Public Officers Law.

        14                  ACTING PRESIDENT VALESKY:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT VALESKY:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 60.  Nays,

        22       1.  Senator Golden recorded in the negative.

        23                  ACTING PRESIDENT VALESKY:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       813, by Member of the Assembly Reilly,

         2       Assembly Print Number 7162B, an act to amend

         3       the Tax Law.

         4                  ACTING PRESIDENT VALESKY:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  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       814, by Senator C. Johnson, Senate Print

        16       7350A, an act to amend the Public Officers

        17       Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.  Nays,



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         1       0.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       832, by Senator Adams, Senate Print 5213A, an

         6       act to amend the Criminal Procedure Law.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       837, by Member of the Assembly Paulin,

        19       Assembly Print Number 8645B, an act to amend

        20       the Alcoholic Beverage Control Law.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 4.  This

        24       act shall take effect on the 30th day.

        25                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Klein, to explain his vote.

         5                  SENATOR KLEIN:    Mr. President, to

         6       explain my vote.

         7                  This bill amends the Alcoholic

         8       Beverage Control Law to encourage those who

         9       sell alcohol, and their employees, to make

        10       sure that they attend training classes to

        11       reduce underage drinking.

        12                  When you look at the numbers,

        13       they're quite startling.  Freshmen in high

        14       school, over 50 percent have tried alcohol.

        15       Seniors in high school, 35 percent have

        16       knowingly got into a car with someone who is

        17       under the influence.

        18                  I think this legislation will offer

        19       important incentives for those who run liquor

        20       establishments to make sure that their

        21       employees take these classes.  Because the

        22       licenses that actually have been given, they

        23       can actually get 25 percent off on their civil

        24       penalty if they attend these classes.

        25                  So I think it's the incentive



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         1       that's needed, because if you look at the

         2       State Liquor Authority's programs that they

         3       run around the state, they're not in very high

         4       attendance.  So we're not doing everything

         5       possible to make sure we're adequately

         6       educating people to the problems of underage

         7       drinking and how to spot someone and make sure

         8       someone does not purchase alcohol if they're

         9       underage.

        10                  So of course I vote yes,

        11       Mr. President.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Klein to be recorded in the

        14       affirmative.

        15                  Announce the results.

        16                  THE SECRETARY:    Ayes, 61.  Nays,

        17       0.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       846, by Senator Stewart-Cousins, Senate Print

        22       7400A, an act to amend the General Municipal

        23       Law.

        24                  ACTING PRESIDENT VALESKY:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 17.  This

         2       act shall --

         3                  SENATOR HANNON:    Lay it aside.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       848, by Senator Dilan, Senate Print 7438, an

         8       act to amend the Vehicle and Traffic Law.

         9                  ACTING PRESIDENT VALESKY:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 7.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT VALESKY:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT VALESKY:

        17       Announce the results.

        18                  THE SECRETARY:    Those recorded in

        19       the negative on Calendar Number 848 are

        20       Senators Bonacic, DeFrancisco, Farley,

        21       Flanagan, Fuschillo, Griffo, O. Johnson,

        22       Lanza, Larkin, Libous, Little, Maziarz,

        23       Nozzolio, Ranzenhofer, Robach, Saland, Skelos,

        24       Volker, Winner and Young.

        25                  Ayes, 41.  Nays, 20.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       858, by Senator Perkins --

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  SENATOR KLEIN:    Lay the bill

         7       aside for the day, please.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside for the day.

        10                  THE SECRETARY:    Calendar Number

        11       861, by Senator Adams --

        12                  SENATOR KLEIN:    Lay it aside for

        13       the day, please.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is laid aside for the day.

        16                  THE SECRETARY:    Calendar Number

        17       867, by Member of the Assembly Gottfried,

        18       Assembly Print Number 9550A, an act to amend

        19       the Public Health Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall --

        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       876, by Senator Dilan, Senate Print 7885A, an

         4       act to amend the Vehicle and Traffic Law.

         5                  ACTING PRESIDENT VALESKY:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect on the first of January.

         9                  ACTING PRESIDENT VALESKY:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       931, by Senator Aubertine, Senate Print 4823,

        17       an act to amend the Public Authorities Law.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       936, substituted earlier today by the Assembly

         5       Committee on Rules, Assembly Print Number

         6       11351, an act to amend the Public Authorities

         7       Law.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect on the same date and in

        12       the same manner as Chapter 95 of the Laws of

        13       2010.

        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       948, by Member of the Assembly Kavanagh,

        22       Assembly Print Number 7917D, an act to amend

        23       the Vehicle and Traffic Law.

        24                  ACTING PRESIDENT VALESKY:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect on the 60th day.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Squadron, to explain his vote.

         8                  SENATOR SQUADRON:    Thank you very

         9       much, Mr. President.

        10                  This bill was written in response

        11       to a tragedy that happened in my district in

        12       Chinatown a little over a year ago where two

        13       young children were tragically killed when a

        14       delivery van ran them over.

        15                  This bill will not bring Hayley and

        16       Diego back, but hopefully it will send the

        17       message that careless driving is in many cases

        18       as dangerous as other driving infractions on

        19       the road, as reckless driving or other things

        20       that can lead to tragedy.  And it will send

        21       the message that you need to exercise due care

        22       and be incredibly careful when you're behind

        23       the wheel, because the consequences of not

        24       doing so can too often be tragic.

        25                  Hopefully this is a bill that won't



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         1       lead to lots of folks having increased

         2       penalties, but instead will lead to lots of

         3       folks driving just a little bit more safely

         4       and will save lives.

         5                  Thank you very much, Mr. President.

         6       I vote aye.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Squadron to be recorded in the

         9       affirmative.

        10                  Senator DeFrancisco, to explain his

        11       vote.

        12                  SENATOR DeFRANCISCO:    Yes, I

        13       voted no because I think in the Penal Law the

        14       theory is that if you're reckless or

        15       intentionally causing various types of events,

        16       you should be found to be guilty of a criminal

        17       offense.

        18                  This bill actually changes that

        19       theory that simply if you're negligent or

        20       careless, you can be determined to be guilty

        21       of a criminal offense, because there's

        22       provisions in here for a Class B misdemeanor.

        23                  I think that really changes

        24       criminal law substantially, and it's a --

        25       although the offense here is only a



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         1       B misdemeanor, I think such a dramatic change

         2       in philosophy as far as the criminal law is

         3       concerned should be subject to some kind of

         4       hearings or something if we're going to change

         5       the law this dramatically, and that's why I'm

         6       voting no.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator DeFrancisco to be recorded in the

         9       negative.

        10                  Senator Bonacic, to explain his

        11       vote.

        12                  SENATOR BONACIC:    Thank you,

        13       Mr. Chairman.

        14                  I think when you look on the face

        15       of this bill, we certainly don't want cars

        16       hitting children or bicycles getting in the

        17       way and hurting people.  That's not the

        18       problem with the bill.  The problem is we're

        19       engaging in a slippery slope when you start to

        20       criminalize acts of negligence.

        21                  And that's the reason I'm voting

        22       no, why I voted no in committee.

        23                  Thank you, Mr. Chairman.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Bonacic to be recorded in the



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         1       negative.

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 948 are

         5       Senators Alesi, Bonacic, DeFrancisco, Farley,

         6       Flanagan, Golden, Hannon, O. Johnson, Larkin,

         7       LaValle, Libous, Marcellino, Maziarz, Skelos

         8       and Volker.  Also Senator Lanza.  Also Senator

         9       Saland.  Also Senator Ranzenhofer.  Also

        10       Senator Young.  Also Senator Winner.  Also

        11       Senators Little and Leibell.

        12                  Ayes, 39.  Nays, 22.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       977, by Senator Hassell-Thompson, Senate Print

        17       5043A, an act to amend the Social Services

        18       Law.

        19                  ACTING PRESIDENT VALESKY:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect on the 90th day.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  SENATOR LIBOUS:    Mr. President.

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Libous.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.  Would you pull aside the

         9       lay-aside on bill number -- I've been

        10       corrected by Senator Padavan.  Please remove

        11       the lay-aside on 867.

        12                  Thank you, Mr. President.  And

        13       thank you, Senator Padavan.

        14                  ACTING PRESIDENT VALESKY:    Thank

        15       you, Senator Libous.

        16                  The lay-aside on Calendar Number

        17       867 is removed.  The Secretary will place

        18       Calendar Number 867 before the house,

        19       noncontroversial.

        20                  THE SECRETARY:    Calendar Number

        21       867, by Member of the Assembly Gottfried,

        22       Assembly Print Number 9550A, an act to amend

        23       the Public Health Law.

        24                  ACTING PRESIDENT VALESKY:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 60.  Nays,

         7       1.  Senator Golden to be recorded in the

         8       negative.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  Senator Golden.

        12                  SENATOR GOLDEN:    Put me up on

        13       that bill, please.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will announce the results.

        16                  THE SECRETARY:    In relation to

        17       Calendar Number 867:  Ayes, 61.  Nays, 0.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  Senator Klein, that completes the

        21       reading of the noncontroversial calendar.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, at

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

        25       supplemental active list.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       Secretary will proceed with the reading of

         3       noncontroversial supplemental active list.

         4                  THE SECRETARY:    Calendar Number

         5       1001, by Senator L. Krueger, Senate Print

         6       4526 --

         7                  SENATOR LIBOUS:    Lay it aside.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       1008, by Senator Savino, Senate Print 5634, an

        12       act to amend the Public Authorities Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1015, by Senator L. Krueger, Senate Print

        25       6680, an act to amend the Social Services Law.



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         1                  ACTING PRESIDENT VALESKY:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Liz Krueger.

        10                  SENATOR LIZ KRUEGER:    Thank you

        11       very much.

        12                  My colleagues, perhaps we're not

        13       understanding the bill, for those of you who

        14       are voting against it.  This is a bill that's

        15       pretty much a technical amendment to current

        16       public assistance social services law.

        17                  In social services law, for public

        18       assistance recipients, they are allowed to

        19       have a car with a Blue Book value of up to

        20       $9,300.  They might only have $400 of actual

        21       equity in it.  If they are looking for work or

        22       working, they can have a car worth $9,300.  If

        23       they are not, at this moment in time, looking

        24       for work or working, the car's value can only

        25       be $4,000, although that can change from week



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         1       to week.

         2                  Which means right now a woman with

         3       a disabled child or a woman who had just given

         4       birth who has a car that might have a

         5       Blue Book value of $6,000, with maybe equity

         6       in it of only $600, would not be allowed to

         7       receive public assistance because she wouldn't

         8       be able to -- or would have to give up her

         9       car.

        10                  Now, in New York City this truly

        11       doesn't matter.  But for many parts of the

        12       state, this will leave people with no

        13       automobile to get food for their family, to

        14       get to medical appointments, to a week later

        15       be eligible to look for a job.  They won't be

        16       able to get a job, they won't be able to get

        17       off public assistance.

        18                  For food stamps, we already have no

        19       resource cap on one car.  And in fact,

        20       modernizing and simplifying this process again

        21       is simply a fair and right thing to do.  I'm

        22       urging a yes vote by all.

        23                  Thank you, Mr. President.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator L. Krueger to be recorded in the



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         1       affirmative.

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 1015 are

         5       Senators Alesi, Bonacic, DeFrancisco, Farley,

         6       Flanagan, Golden, Griffo, Hannon, Larkin,

         7       LaValle, Libous, Marcellino, Maziarz,

         8       Nozzolio, Ranzenhofer, Robach, Seward, Skelos,

         9       Volker, Winner and Young.  Also Senators

        10       Leibell and Saland.

        11                  Ayes, 38.  Nays, 23.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1022, by Senator Savino, Senate Print 7451, an

        16       act to amend the Labor Law.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  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       Senator Bonacic, to explain his vote.



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         1                  SENATOR BONACIC:    On the bill,

         2       just explaining my vote.

         3                  You know, daycare is something we

         4       all seek.  There's not enough daycare

         5       facilities in the State of New York.  You have

         6       working mothers that have to spend a good

         7       portion of their paycheck for people to take

         8       care of their children.

         9                  When you go in the direction of

        10       start unionizing childcare, you're going to

        11       start to drive the expenses up and up and up,

        12       putting so much pressure on middle-class

        13       families where maybe both spouses are working

        14       and they need someone to take care of young

        15       children.

        16                  For that reason, I'm voting no.

        17       Thank you, Mr. Chairman.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Bonacic to be recorded in the

        20       negative.

        21                  Senator Savino, to explain her

        22       vote.

        23                  SENATOR SAVINO:    Thank you,

        24       Mr. President.

        25                  Certainly I share Senator Bonacic's



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         1       concern about the cost of daycare and the lack

         2       of access to affordable daycare.  But I think

         3       we need to be clear what we're doing with this

         4       piece of legislation.

         5                  In 2007, the governor of the state

         6       at the time, Eliot Spitzer, extended

         7       collective bargaining rights to childcare

         8       workers through an executive order.  All this

         9       bill does is codify into law what has been in

        10       practice since 2007.

        11                  The childcare workers were given

        12       the right to organize through that executive

        13       order in an effort for them to help increase

        14       the reimbursement rate for daycare providers.

        15       The majority of daycare providers are not paid

        16       directly by parents.  In fact, far too many of

        17       them are paid through the voucher system

        18       that's tied to the eligibility of the parent.

        19                  So what this will do is codify into

        20       law what's been in practice in the State of

        21       New York for the past three years.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Savino to be recorded in the

        25       affirmative.



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         1                  Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 1022 are

         4       Senators Bonacic, O. Johnson, Ranzenhofer and

         5       Skelos.

         6                  Ayes, 57.  Nays, 4.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  Senator Klein, that completes the

        10       reading of the noncontroversial supplemental

        11       active list.

        12                  Senator Seward, why do you rise?

        13                  SENATOR SEWARD:    Mr. President, I

        14       would ask unanimous consent -- we had fits and

        15       starts in terms of starting session.  I was on

        16       a lengthy phone call when the number of bills

        17       went through.  And I would ask permission to

        18       be voted in the negative on Calendar Number

        19       748, 848, and 948.  All the 48s.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Klein, Senator Libous, Senator Seward

        22       has asked for unanimous consent.

        23                  SENATOR KLEIN:    We grant

        24       unanimous consent, Mr. President.

        25                  ACTING PRESIDENT VALESKY:    With



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         1       unanimous consent, Senator Seward to be

         2       recorded in the negative on Calendar Numbers

         3       748, 848, and 948.

         4                  SENATOR SEWARD:    At least I'm

         5       consistent.

         6                  ACTING PRESIDENT VALESKY:    Yes,

         7       you are.

         8                  SENATOR SEWARD:    Thank you.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Klein.

        11                  SENATOR KLEIN:    Mr. President,

        12       there's a resolution at the desk by Senator

        13       Antoine Thompson.  I ask that the title of the

        14       resolution be read and move for its immediate

        15       adoption.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Klein, has this resolution been deemed

        18       privileged and submitted by the office of the

        19       Temporary President?

        20                  SENATOR KLEIN:    Yes, it has,

        21       Mr. President.

        22                  ACTING PRESIDENT VALESKY:    The

        23       Secretary will read.

        24                  THE SECRETARY:    By Senator

        25       Thompson, legislative resolution commending



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         1       Juneteenth of Buffalo, Inc., upon the occasion

         2       of hosting the 35th Consecutive Juneteenth

         3       Festival, to be held June 13 through 20, 2010.

         4                  ACTING PRESIDENT VALESKY:    The

         5       question is on the resolution.  All in favor

         6       signify by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT VALESKY:

         9       Opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT VALESKY:    The

        12       resolution is adopted.

        13                  Senator Maziarz, why do you rise?

        14                  SENATOR MAZIARZ:    Thank you very

        15       much, Mr. President.

        16                  I, like Senator Seward, was also

        17       out of the chamber on a phone call -- not

        18       quite as long as his phone call.  But if I

        19       could ask unanimous consent to be recorded in

        20       the negative on Calendar Number 459, I would

        21       appreciate that, Mr. President.

        22                  Thank you.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Klein?

        25                  SENATOR KLEIN:    Unanimous consent



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         1       is granted, Mr. President.

         2                  ACTING PRESIDENT VALESKY:    With

         3       unanimous consent, Senator Maziarz to be

         4       recorded in the negative on Calendar 459.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, at

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

         8       controversial calendar.

         9                  ACTING PRESIDENT VALESKY:    The

        10       Secretary will ring the bells.

        11                  The Secretary will proceed with the

        12       reading of the controversial calendar.

        13                  THE SECRETARY:    Calendar Number

        14       28, by Senator Perkins, Senate Print 1145C, an

        15       act to amend the Environmental Conservation

        16       Law.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Libous.

        19                  SENATOR LIBOUS:    Mr. President, I

        20       have an amendment at the desk.  I ask that you

        21       waive its reading and call on me, please.

        22                  ACTING PRESIDENT VALESKY:    The

        23       amendment is here at the desk.  The reading of

        24       the amendment is waived, Senator Libous, and

        25       you're recognized to speak on the amendment.



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         1                  SENATOR LIBOUS:    Thank you,

         2       Mr. President.

         3                  This legislation is something that

         4       I know that Senator Perkins has brought before

         5       this body on a number of occasions.  And on a

         6       number of occasions, I've spoken with Senator

         7       Perkins on this and asked him if he would make

         8       some amendments to it.

         9                  And I know that he has made some

        10       changes, but I think the changes that were

        11       going to be acceptable to those of us who

        12       represent particularly upstate and those

        13       consumers around the state who depend on home

        14       heating oil, we are very much concerned that

        15       this bill is going to raise our prices.

        16                  Mr. President, there seems to be a

        17       lot of noise in the chamber.  Thank you,

        18       Mr. President.

        19                  And we're very concerned that our

        20       prices for home heating oil goes up.

        21                  Now, the other day we passed a bill

        22       that deals with the heat program for certainly

        23       people throughout the state who are on a low

        24       income and have a problem with heating their

        25       homes and doing renovations to their homes.



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         1       And quite frankly, this particular bill is

         2       going to be devastating to everyone who heats

         3       their home with oil in my district.

         4                  And the problem is that the price

         5       from the refinery, the manufacturer, is going

         6       to go up, because all we ask here is for a

         7       little bit of time.

         8                  I think what Senator Perkins is

         9       trying to do here is quite noble, and we

        10       understand that the parts per million need to

        11       come down in Number 2 oil.  We agree with

        12       that.  The problem is we don't believe that it

        13       can be done as quickly as the sponsor would

        14       like it to be done, because the manufacturers

        15       are telling us that they can't.  And quite

        16       frankly, it will take 18 months to two years

        17       before they get permitted to be okay to do it.

        18                  So all we're asking in this

        19       amendment -- and quite frankly, Mr. President,

        20       this amendment is the same as a bill that

        21       Senator Stachowski has in that would basically

        22       say we'll take Number 2 oil to 500 parts per

        23       million and change the date to 2014.  We don't

        24       think that's unreasonable to help people

        25       throughout the state who are on home heating



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         1       oil.

         2                  And many people do not have access

         3       to natural gas -- that's a whole subject for

         4       another day -- but quite frankly, they depend

         5       on oil to heat their homes.  And we talked

         6       earlier about some of those areas that we all

         7       represent in upstate New York that are

         8       extremely rural.  This bill will make it

         9       prohibitive for them to afford home heating

        10       oil.

        11                  So again, Mr. President, what this

        12       amendment does, it does not say what we are

        13       against what Senator Perkins is trying to do

        14       to help folks environmentally.  All it's

        15       asking for is a little bit more time, to 2014.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT VALESKY:    Thank

        18       you, Senator Libous.

        19                  Those Senators voting in support of

        20       the nonsponsor motion to amend Calendar Number

        21       28 should raise their hands.

        22                  Announce the results.

        23                  THE SECRETARY:    Ayes, 31.  Nays,

        24       30.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       motion fails.

         2                  Are there any Senators who wish to

         3       be heard on the debate?

         4                  SENATOR LIBOUS:    Yes, I would

         5       like an explanation on the bill, please, from

         6       the sponsor.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Perkins, an explanation of the bill

         9       has been requested by Senator Libous.

        10                  SENATOR PERKINS:    Thank you very

        11       much, Mr. President, and also Senator Libous,

        12       for your appreciation of the significance of

        13       this bill that essentially is trying to reduce

        14       the content of sulfur that has been so

        15       hazardous environmentally and healthwise for

        16       so many of us, not only in the City of

        17       New York but upstate as well, I might add.

        18                  And clearly we know that home

        19       heating oil is essentially the same as diesel

        20       fuel, except there are virtually no limits to

        21       the level of sulfur that can be in it.  On

        22       average, the current sulfur content in home

        23       heating oil is 2600 parts per million.  This

        24       bill will limit it to 15 parts per million

        25       beginning in July 2012.



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         1                  Now, originally, as you know, we

         2       were trying to do this as per 2011.  As per

         3       the discussions we had, we extended it to 2012

         4       and were hopeful there would be some kind of

         5       compromise that would be suitable, but in fact

         6       that's not possible at this point in time,

         7       apparently.

         8                  Compounding the problem is the rate

         9       at which New York consumes home heating oil.

        10       With 2.6 million households using home heating

        11       oil, New York leads the nation in the amount

        12       of home heating oil consumed.  Most

        13       disturbingly, 79 percent of this consumption

        14       occurs in the New York metropolitan region and

        15       thus creates a localized pollution problem due

        16       to the increase in hazardous particulate

        17       matter, which contributes to aggravated

        18       asthma, increased cancer risks, heart and lung

        19       disease, and even premature death.

        20                  Over the last five years alone,

        21       asthma rates among New Yorkers are

        22       consistently higher than the U.S. population

        23       as a whole.  In fact 300,000 children in

        24       New York City have been diagnosed with asthma,

        25       and hospitalizations cost approximately



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         1       $10,000 per visit and over 240 million a year.

         2                  This legislation will save money,

         3       and in these times of financial hardship we

         4       cannot afford to ignore this cost saver.  This

         5       legislation will not only serve as a cost

         6       saver to the state, but also to individual

         7       consumers and the heating oil industry.

         8                  So in conclusion, again, this

         9       limits sulfur content in Number 2 heating oil

        10       to no greater than 15 parts per million

        11       beginning July 1, 2012, and it authorizes the

        12       Governor, after consultation with NYSERDA, to

        13       make exceptions by executive order for

        14       considerations of scarcity.

        15                  I vote aye on this and encourage my

        16       colleagues to do the same.  Thank you very

        17       much for your support.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Libous.

        20                  SENATOR LIBOUS:    Thank you,

        21       Mr. President.  Would the sponsor yield for a

        22       series of questions?

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Perkins, will you yield?

        25                  SENATOR PERKINS:    Yes, by all



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         1       means.

         2                  ACTING PRESIDENT VALESKY:    The

         3       sponsor yields.

         4                  SENATOR LIBOUS:    Thank you

         5       Senator Perkins.

         6                  Mr. President, Senator Perkins just

         7       mentioned that there's a high level of

         8       pollution in the New York metropolitan area.

         9       Senator Perkins, why did you not just make

        10       this bill pertain to the New York metropolitan

        11       area, and why did you have it affect the

        12       entire state?

        13                  SENATOR PERKINS:    Because it's a

        14       statewide problem.  I just pointed out

        15       particularly how it affects the New York

        16       metropolitan area.

        17                  SENATOR LIBOUS:    Thank you.

        18                  Mr. President, will he continue to

        19       yield?

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Perkins, do you continue to yield?

        22                  SENATOR PERKINS:    Yes, sir.

        23                  ACTING PRESIDENT VALESKY:    The

        24       sponsor yields.

        25                  SENATOR LIBOUS:    Senator, if it's



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         1       a statewide problem, did you examine the

         2       ramifications of this statewide problem to

         3       those of us who have home heating oil

         4       customers in rural areas of upstate New York?

         5                  SENATOR PERKINS:    Through you,

         6       Mr. President, as you know, we surely did and

         7       in fact had some negotiations with you and our

         8       colleagues in the upstate area to try to be

         9       helpful towards that end.

        10                  SENATOR LIBOUS:    Thank you.

        11                  Mr. President, would he continue to

        12       yield?

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Perkins, do you continue to yield?

        15                  SENATOR PERKINS:    Yes, sir.

        16                  ACTING PRESIDENT VALESKY:    The

        17       sponsor yields.

        18                  SENATOR LIBOUS:    And,

        19       Mr. President, through you.  Senator Perkins,

        20       what did you change to be helpful to my

        21       upstate colleagues as it pertains to their

        22       home heating oil constituents?

        23                  SENATOR PERKINS:    Well, through

        24       you, Mr. President, we obviously changed the

        25       date.  And we were hopeful that we could



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         1       change even more, but at this point in time

         2       this is the best that we could do.

         3                  SENATOR LIBOUS:    And through you,

         4       Mr. President.

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Libous.

         7                  SENATOR LIBOUS:    Senator, it is

         8       the date that's the problem here.  It is the

         9       dates that is going to increase the cost of

        10       home heating oil to our constituents.  So by

        11       changing the date I believe a year, how does

        12       that help the refineries and those who produce

        13       the product to get up to speed within an

        14       adequate period of time -- everyone's telling

        15       us it's going to take three to four years;

        16       other states have said it takes three to four

        17       years -- without increasing the cost of home

        18       heating oil to those who depend on it?

        19                  SENATOR PERKINS:    Through you,

        20       Mr. President.  Well, we did have the

        21       negotiation in which we expected certain

        22       changes to be made, as per the request.  And

        23       at this point in time there's no evidence that

        24       any efforts have been made to accommodate the

        25       bill.



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         1                  SENATOR LIBOUS:    Mr. President,

         2       again, I guess I'll respond to that.  I mean,

         3       an effort was made just a few moments ago in

         4       the form of an amendment to try to accommodate

         5       the bill.

         6                  But if the Senator would continue

         7       to yield.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Perkins, will you continue to yield?

        10                  SENATOR PERKINS:    Yes, I will.

        11                  ACTING PRESIDENT VALESKY:    The

        12       sponsor yields.

        13                  SENATOR LIBOUS:    Senator, what

        14       effect is this bill going to have on domestic

        15       home heating oil supplies for those of us

        16       outside of the metropolitan New York area?

        17                  SENATOR PERKINS:    Well, you know,

        18       the bill includes an opportunity for the

        19       Governor, as I pointed out earlier, to make

        20       exceptions by executive order if there's --

        21       for considerations of scarcity, number one.

        22                  And we also have been told that

        23       some of the problems have been overstated in

        24       terms of the scarcity.

        25                  SENATOR LIBOUS:    Mr. President,



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         1       would he continue to yield.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Perkins, do you continue to yield?

         4                  SENATOR PERKINS:    Yes, sir.

         5                  ACTING PRESIDENT VALESKY:    The

         6       sponsor yields.

         7                  SENATOR LIBOUS:    Senator, I guess

         8       I'm really concerned because I think it will

         9       have a very negative effect on home heating

        10       oil supplies.  Because wouldn't you agree with

        11       me that by not giving the refineries time to

        12       change over and meet the qualifications, that

        13       the supply will then diminish because they

        14       won't be able to produce it to sell it because

        15       it would not have met the qualifications of

        16       your bill?

        17                  SENATOR PERKINS:    Through you,

        18       Mr. President.  You know, we have 2.6 million

        19       households in New York using home heating oil.

        20       We believe that the producers will adapt to

        21       this new approach such that it will mitigate

        22       the kind of concerns that you have.

        23                  SENATOR LIBOUS:    Would Senator

        24       Perkins continue to yield.

        25                  ACTING PRESIDENT VALESKY:



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         1       Senator Perkins, do you yield?

         2                  SENATOR PERKINS:    Yes, sir.

         3                  ACTING PRESIDENT VALESKY:    The

         4       sponsor continues.

         5                  SENATOR LIBOUS:    Senator Perkins,

         6       as I said before, I understand what you're

         7       trying to do.  And I have said to you on a

         8       number of occasions in the past that the issue

         9       here is the time.  The issue is the time for

        10       these refineries to be able to change over to

        11       meet the standards that you have in your bill.

        12       And I have no problem with the standards, sir.

        13                  But what do I tell a senior citizen

        14       or a family of seniors, two folks in their 80s

        15       that depend on, live in -- the other day I

        16       used Candor, New York.  I guess I'll use

        17       Bainbridge, in Chenango County.  We'll switch

        18       counties.  Rural community; they depend on

        19       home heating oil or they don't stay warm in

        20       the wintertime, because there's no way that

        21       they can get natural gas or any other

        22       alternative.

        23                  How do I tell them that the supply

        24       is now gone or the cost has doubled because of

        25       a regulation that was put on by the



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         1       Legislature that just all they had to do was

         2       give the refinery a couple more years to get

         3       up to speed, but now the supply has been

         4       limited because of that legislation?

         5                  SENATOR PERKINS:    Through you,

         6       Mr. President.

         7                  Again, we're very sympathetic to

         8       the concerns of the seniors and those who,

         9       from your point of view, would be adversely

        10       affected.  As I pointed out, again, there is a

        11       provision for the Governor to respond to the

        12       scarcity that you suggest, number one.

        13                  Number two, I believe that the time

        14       is now for us to move forward, having tried to

        15       create the kind of accommodations that we

        16       believe will help us overcome the problems

        17       that you're concerned about.  And so I guess

        18       we have an irreconcilable difference from that

        19       point of view.  But I know that we have made

        20       good faith efforts in the best interests of

        21       all New Yorkers to try to address your

        22       concerns as well as the larger concern about

        23       the reduction of sulfur.

        24                  SENATOR LIBOUS:    Would the

        25       Senator continue to yield.



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         1                  ACTING PRESIDENT VALESKY:

         2       Senator Perkins, do you continue to yield?

         3                  SENATOR PERKINS:    Yes.

         4                  ACTING PRESIDENT VALESKY:    The

         5       sponsor continues to yield.

         6                  SENATOR LIBOUS:    Senator, again,

         7       you stress that you care very much about the

         8       environment and sulfate, but yet in New York

         9       City many large residential folks and office

        10       buildings use Number 6 heating oil.  Why

        11       doesn't your bill include them?

        12                  SENATOR PERKINS:    Would you

        13       repeat the question, please?

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Libous, would you mind repeating your

        16       question?

        17                  SENATOR LIBOUS:    Oh, yes.  I'm

        18       sorry, Senator.  I said in New York City many

        19       large residential units and office buildings

        20       use Number 6 formula heating oil.  Why doesn't

        21       your bill include them?

        22                  SENATOR PERKINS:    Through you,

        23       Mr. President, I think that that is a concern

        24       that we will take a look at moving forward.

        25                  SENATOR LIBOUS:    So, Senator, you



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         1       stressed earlier, sir, that you were concerned

         2       about the metropolitan area, but yet many

         3       people in the metropolitan area will be exempt

         4       and yet many people outside the metropolitan

         5       area will now have a tremendous hardship.  I

         6       don't see that as fair.

         7                  SENATOR PERKINS:    Through you,

         8       Mr. President, this bill is fair to the people

         9       of the State of New York as it puts us on

        10       track to try to reduce sulfur for all in the

        11       state.  And obviously it's a project, it's a

        12       piece of legislation that allows for the

        13       Governor to intervene where necessary to make

        14       up for any shortcomings such as the type that

        15       you're talking about.

        16                  SENATOR LIBOUS:    Will the Senator

        17       continue to yield.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Perkins, do you continue to yield?

        20                  SENATOR PERKINS:    Yes.

        21                  ACTING PRESIDENT VALESKY:    The

        22       sponsor yields.

        23                  SENATOR LIBOUS:    Senator,

        24       wouldn't you agree that it's more fair for

        25       those building owners in New York City than it



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         1       is for the senior citizens and the poor folks

         2       on fixed incomes who live in rural areas of

         3       New York State?

         4                  SENATOR PERKINS:    I'm sorry,

         5       would you repeat yourself, please?

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Libous, would you repeat your question

         8       for Senator Perkins?

         9                  SENATOR LIBOUS:    It must be my --

        10       is my mike on?  Because usually I have quite a

        11       melodious tone.  I'm sorry.

        12                  SENATOR PERKINS:    Well, today you

        13       might be talking a little lower because of

        14       your concerns about the people upstate.

        15                  SENATOR LIBOUS:    Mr. President,

        16       my question for Senator Perkins was wouldn't

        17       you say that this legislation was more fair to

        18       the building owners of New York City than it

        19       is to the folks on fixed incomes who depend on

        20       home heating oil in the rest of New York

        21       State.

        22                  SENATOR PERKINS:    No.  Through

        23       you, Mr. President, no, I wouldn't say that.

        24       And in fact, again, I think that if -- as I

        25       point out to you, if exceptions need to be



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         1       made, the bill allows for the kind of changes

         2       that if they're real, if they're -- then the

         3       Governor will be able to make those changes.

         4                  SENATOR LIBOUS:    Thank you,

         5       Mr. President.  On the bill.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Libous, on the bill.

         8                  SENATOR LIBOUS:    I'm going to

         9       make an impassioned plea to all of my

        10       colleagues on both sides of the aisle today.

        11       While I certainly and I believe everybody in

        12       this chamber applauds the fact that

        13       environmentally, Senator Perkins has a goal

        14       here, I think we all have that same

        15       environmental goal.

        16                  But the issue here is whether or

        17       not these companies can get up to speed quick

        18       enough, or will they eliminate the supply of

        19       home heating oil for those of us who represent

        20       communities in this state that depend on it.

        21       I say it will hurt the supply.  The demand

        22       will be great.  Those who can get it will pay

        23       two and three times more than they've had to

        24       pay this winter.

        25                  This bill is not fair to the people



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         1       outside of the New York metropolitan area.  As

         2       I said a few moments ago, Number 6 heating oil

         3       is eliminated from this bill.  Number 6 is

         4       used by many, many massive residential centers

         5       in the city -- high-rises, I guess, Senator

         6       Padavan, you'd call them -- and businesses in

         7       the city.

         8                  So while my colleague is being

         9       extremely noble here on trying to provide a

        10       better environment, he is not being reasonable

        11       as to how he approaches that.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Perkins, why do you rise?

        14                  SENATOR PERKINS:    Through you,

        15       Mr. President, I'd like to ask you a question.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Libous, would you yield to a question?

        18                  SENATOR LIBOUS:    As soon as I'm

        19       done, I'd be happy to.  Thank you, Senator.

        20       Okay?

        21                  ACTING PRESIDENT VALESKY:

        22       Proceed.

        23                  SENATOR LIBOUS:    Thank you.  So I

        24       appeal to anyone here today, all we're asking

        25       that we change the date, we get a couple of



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         1       more years.  We want to meet the environmental

         2       standards.

         3                  Now, let me go further to share

         4       with you that there are other states who have

         5       approached this and they have all had

         6       sufficient time to begin to make those

         7       changes.  It's here in many various documents

         8       that I have.  I'm not going to bore you by

         9       reading them.

        10                  But I will tell you that for

        11       whatever reason, once again, New York State

        12       has to be unreasonable.  We have to be

        13       unreasonable in this case to the homeowners,

        14       to the taxpayers, to the folks who live in the

        15       communities or the rural areas of this state

        16       that depend on home heating fuel.

        17                  Mr. President, I would ask that my

        18       colleagues vote against this.  I would ask

        19       that my colleague Senator Perkins amend the

        20       bill to 2014.  And I would tell you right here

        21       that I will assure you that I will vote for it

        22       when that time comes, and I believe that many

        23       of our colleagues in this chamber would vote

        24       for it.

        25                  But right now we cannot put any



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         1       more additional burden on those folks who are

         2       on fixed incomes who live in rural areas of

         3       this state, because what this bill is going to

         4       do, it is going to shut off their supply of

         5       home heating oil.  It is going to increase the

         6       cost tremendously for those who have the money

         7       and can negotiate the opportunity to get it.

         8                  So, Mr. President, I'm not being

         9       unreasonable here, I just reach out to the

        10       sponsor and ask him please, please amend this

        11       bill to 2014.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Libous, will you at this time yield to

        14       a question?

        15                  SENATOR LIBOUS:    Yes.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Perkins.

        18                  SENATOR PERKINS:    Thank you very

        19       much, Mr. President.

        20                  I just wanted to -- for the record,

        21       you are aware that the mayor, with regard to

        22       your concern about New York City, is in the

        23       process of developing regs on Number 4 and

        24       Number 6 healing oil.  Are you?

        25                  SENATOR LIBOUS:    I'm sorry?



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         1                  SENATOR PERKINS:    Are you aware

         2       that the mayor of the City of New York is in

         3       the process of developing regs on Number 4 and

         4       Number 6 oil?

         5                  SENATOR LIBOUS:    I'm not aware,

         6       Mr. President.  But I am aware that there are

         7       no regs in this bill.

         8                  SENATOR PERKINS:    Okay.  Thank

         9       you.

        10                  ACTING PRESIDENT VALESKY:    Thank

        11       you, Senator Libous.

        12                  Senator Fuschillo.

        13                  SENATOR FUSCHILLO:    Thank you

        14       very much, Mr. President.  Would the sponsor

        15       yield to a question?

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Perkins, do you yield?

        18                  SENATOR PERKINS:    Yes.

        19                  ACTING PRESIDENT VALESKY:    The

        20       sponsor yields.

        21                  SENATOR FUSCHILLO:    Senator, I

        22       agree with the intent of your bill, and I

        23       think it's laudable, and I think everybody

        24       else does, with the protection of the

        25       environment.  But I just want to ask you a few



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         1       questions.

         2                  I received a lot of memos and phone

         3       calls in opposition.  And when I read some of

         4       them, where it says the two-year lead time

         5       provided in this bill is simply not enough --

         6       another one says that it is virtually

         7       impossible for the industry to meet so quickly

         8       and extremely difficult.

         9                  My question to you is that on

        10       Senator Libous's amendment, there were 31

        11       members that said yes to it, Republicans and

        12       two Democrats.  And if Senator Morahan was

        13       here -- God willing, if he was here -- the

        14       amendment would have been approved.

        15                  If it's as simple as laying the

        16       bill aside, amending it, agreeing to what 31

        17       out of 61 members here in the house agree

        18       to -- and you probably have a tremendous

        19       amount of support as the sponsor of the

        20       amendments to do it -- my question is why not

        21       just lay it aside, amend the bill, and we'll

        22       take it up and vote for it?  And we'll have an

        23       agreement, we'll have a law here that

        24       everybody can agree with.

        25                  SENATOR PERKINS:    Thank you,



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         1       Mr. President.  I appreciate your interest.

         2       However, I believe the bill allows for the

         3       Governor to intervene in some of the areas

         4       where these concerns were raised.  And I

         5       believe the discussions that we had led us to

         6       including that type of provision so that we

         7       can move forward instead of delaying it.

         8                  SENATOR FUSCHILLO:    Thank you,

         9       Senator.

        10                  Just on the bill, Mr. President.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Fuschillo, on the bill.

        13                  SENATOR FUSCHILLO:    While I agree

        14       with the intent, I agree with Senator Libous.

        15       My concern in this environment, this economic

        16       environment, is that this may not be

        17       attainable.  And if you do that, you put the

        18       industry at a tremendous disadvantage to do

        19       this.

        20                  I would ask Senator Perkins, as the

        21       debate goes on and questions come, that in

        22       this time he thinks about that and really

        23       thinks about laying the bill aside and

        24       amending the bill to come back up to this

        25       floor when he would probably have a tremendous



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         1       amount of support.

         2                  Thank you, Mr. President.

         3                  ACTING PRESIDENT VALESKY:    Thank

         4       you, Senator Fuschillo.

         5                  Senator Marcellino.

         6                  SENATOR MARCELLINO:    Thank you,

         7       Mr. President.  I'm not going to ask any

         8       questions, Senator, because I think a lot of

         9       them have been raised and asked.  What I'm

        10       going to make is basically a statement.

        11                  States around us -- New Jersey,

        12       Maine, Connecticut -- are moving back the time

        13       frame.  New Jersey in particular, where the

        14       refineries are that produce these products,

        15       these home heating products.  New Jersey is

        16       going in 2012 to 500 parts per million and in

        17       2016 to 15 parts per million.

        18                  If New York insists and if you are

        19       successful and if we go to 15 parts per

        20       million while New Jersey, upwind of us, is at

        21       500, you gain nothing.  You gain absolutely

        22       nothing with respect to air quality, which is

        23       what you're trying to achieve.  You're trying

        24       to achieve a goal of clear air.

        25                  Now, I've got two children --



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         1       they're older now -- but asthmatics, and we

         2       lived through it.  When I taught in the City

         3       of New York, we used to joke that we could see

         4       the air we breathed.  We were tough people,

         5       going into the city, because you could see

         6       that haze, that bubble over the city that you

         7       could breathe.  And asthma is a problem.  We

         8       all know that.  Lung disease is a problem.  We

         9       all know that.

        10                  This bill isn't going to solve your

        11       problem.  It's only going to raise the costs,

        12       because the industry is going to pass the

        13       costs of changing their technology, changing

        14       their pipelines -- because they're going to

        15       have too.  They can't use the same pipelines,

        16       they've got to flush them clean with the

        17       product they have before they can put new

        18       product in.

        19                  So it's going cost them money.

        20       That's going to go to your clients.  That's

        21       going to go to the people who buy home heating

        22       fuel all over this state.  Why you're going

        23       upstate, I don't know.  They don't have an

        24       attainment, they don't have an air quality

        25       problem.  They're not the downstate region.



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         1       We're the non-attainment area, downstate.

         2       Upstate is not.

         3                  By forcing the state and thereby by

         4       forcing the manufacturers to put the fuel into

         5       the state, they're going to raise their costs

         6       and they're going to pass it on to the

         7       consumers.  We cannot -- as Senator Fuschillo

         8       rightly points out, Senator Libous correctly

         9       pointed out, this is not the time to do that.

        10       This is not the time to do that.

        11                  You could get what you want

        12       Senator, you could get what you want by simply

        13       amending the bill to go to 500 parts per

        14       million by 2012 and then to 15 parts per

        15       million by 2016, and we would vote for it.

        16       And you would get the same air quality

        17       improvement you want but will not achieve by

        18       this current bill.

        19                  I know what you want to do,

        20       Senator, but the bill as written won't achieve

        21       your goal.  That's simply science.  It won't

        22       achieve it.  Because upwind states are having

        23       a higher parts per million in their home

        24       heating fuel, and the wind will blow the

        25       particulates over our state, and particularly



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         1       in the downstate region, and we're not going

         2       to get the benefit of the change.  We're going

         3       to get the cost, but we're not going to get

         4       the benefit that you want to achieve.

         5                  So again, I would urge that we

         6       perhaps take a step back.  I understand when

         7       you put a bill up, nobody likes to give

         8       something up.  You've got it in hand; nobody

         9       likes to walk away from something.  We've

        10       produced it.  You'll get the bill.  You could

        11       do the bill this session.  We're not going

        12       away tomorrow.  We're not leaving town next

        13       week.  You know that.  We're here.

        14                  This bill could easily be laid

        15       aside, amended to the standards that I've just

        16       mentioned to you, aged accordingly or get a

        17       message from the Governor, whatever is

        18       required, and you'll get the votes to pass the

        19       bill.  I'd vote for it.  And I know many of my

        20       colleagues -- I can't speak for all of them,

        21       but I know many of them would, would vote for

        22       to it accordingly, and I'm sure you'd get two

        23       more votes from your side at the very least

        24       for a changed bill.

        25                  So I would urge you, Senator,



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         1       please, do the responsible thing.  This is the

         2       responsible thing.  Let's put New York in line

         3       with the states around us, because that's

         4       important.  Otherwise, everything you want to

         5       get, you're not going to get because the

         6       wind's going to blow it away.  I would urge

         7       that you do this, sir.  I really would.

         8       Unfortunately, if it doesn't happen, I'm going

         9       to vote against this bill.

        10                  I do not want to do that.  I have

        11       fought all the years I'm here and chaired this

        12       committee, the Environmental Committee, when I

        13       was chair, and ranker now, I have supported

        14       legislation on air quality.  I have supported

        15       standards.  But we tried to do them in concert

        16       and make them regionally.  We did the e-waste

        17       bill, it took us a while because we wanted it

        18       done regionally so that we didn't increase

        19       costs unnecessarily on anybody.  And we got

        20       what we wanted.  We got a good e-waste bill

        21       this year.  We've done that before, we can do

        22       it again.

        23                  Senator, please, be reasonable.

        24       Lay the bill aside, let's amend it, let's do

        25       the thing.  You'll get the votes.  I will vote



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         1       for your bill as amended.  I cannot support

         2       this bill as it stands now.  I will be voting

         3       no.

         4                  ACTING PRESIDENT VALESKY:    Thank

         5       you, Senator Marcellino.

         6                  Senator Farley.

         7                  SENATOR FARLEY:    Thank you,

         8       Mr. President.

         9                  You know, I was rather surprised to

        10       see the majority of this house vote for the

        11       amendment because of the concerns that they

        12       have for the heating fuel that is in the

        13       upstate region.

        14                  I have a very diverse district.

        15       It's very urban, and about half of it is very

        16       rural, three counties that not only is rural,

        17       there's no access to gas or any other kind of

        18       fuel to heat their homes.  And if I hear a

        19       complaint, particularly in the cold winter,

        20       it's the poor and the elderly that are on

        21       fixed incomes that say what a burden it is to

        22       try to heat their homes.  And generally

        23       speaking, these people live in homes that are

        24       not as well insulated as they should be, and

        25       they turn the thermostat down.



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         1                  You know, the other side, my

         2       colleagues on the other side of the aisle,

         3       you're very concerned always, and I applaud

         4       you for that, for the poor and the elderly and

         5       so forth.  But you know, this is a tremendous

         6       burden on the poor and the elderly that exists

         7       in the area that does not have access to

         8       natural gas.  And boy, there's a -- I think

         9       that's almost everybody in the rural upstate

        10       area.

        11                  And there's no question about it

        12       that this is going to put a tremendous price

        13       on the cost of fuel oil because there isn't

        14       any access and they're not going to be able to

        15       conform.  All that this house or this side and

        16       the majority of the house is asking for is a

        17       change in the date, that Senator Stachowski

        18       actually has been promoting.  I think it's

        19       very reasonable.

        20                  And it boggles my mind, Senator,

        21       why this accommodation can't be made on behalf

        22       of so many people in this state.  Because it

        23       doesn't affect just your area, it affects the

        24       entire state, and it hurts a lot of poor and

        25       elderly that are on fixed incomes.



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         1                  And I urge people to vote against

         2       this bill until it's amended.

         3                  ACTING PRESIDENT VALESKY:    Thank

         4       you, Senator Farley.

         5                  Senator Larkin.

         6                  SENATOR LARKIN:    Thank you,

         7       Mr. President.  On the bill.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Larkin, on the bill.

        10                  SENATOR LARKIN:    You know, I

        11       don't want to rehash everything that's been

        12       said here.  But, you know, in my district lots

        13       of people say to me, Why don't we separate

        14       from New York City?  Everything that's done is

        15       good for New York City, to h--- with the rest

        16       of the state.

        17                  Now, this bill is talking about

        18       Number 6 heating oil to take care of all the

        19       buildings.  But what about our people upstate?

        20       What about them?  What are we saying?

        21                  And, you know, the other thing,

        22       Senator Perkins, that my people say is when

        23       are you going to sit down and act like human

        24       beings and work together for a common cause?

        25       This is common.  Senator Libous, Senator



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         1       Fuschillo, Senator Marcellino said we will

         2       support you.  Why won't we sit down and show

         3       the people of this state and this nation that

         4       we're not ashamed to look at a bill and say,

         5       you know, a little bit of this, it will show

         6       the American people and most importantly

         7       New Yorkers that we're willing to work

         8       together for a common good.

         9                  Now, by changing the date on

        10       this -- nobody has convinced me on your side

        11       of the aisle that this is good the way it is.

        12       Two of your members voted with us.  If Senator

        13       Morahan was in good health, he would have been

        14       here and we would have had the 32 votes and

        15       then you would have had something bad.

        16                  But what we're saying is don't be

        17       afraid, there's nothing wrong with the bill.

        18       I've been in this house 18 years, and I've

        19       seen bills pulled.  And we made them better.

        20       And we made the people proud of us that we

        21       were willing to sit back, make some changes,

        22       and do something that was right.

        23                  Now, I'd like to ask you to think,

        24       every one of you on both sides of the aisle,

        25       what's so wrong with saying hold it, hold it,



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         1       let's do something for the people.  Because

         2       since January this year, we've done a hell of

         3       a lot of nothing.  We're 70-some days past a

         4       budget.  Here's an opportunity to show the

         5       people that we're not going to profit New York

         6       City over the state, we're going to take care

         7       of the needs of the state as a whole, not

         8       preferential treatment for New York City.

         9                  Because that's exactly what people

        10       are saying.  I had a phone call while this

        11       debate was going on, and this dealer said to

        12       me:  "You know what, Bill?  I think maybe I'm

        13       going to shut down this year, because I don't

        14       think you people care about us.  You care

        15       about yourself and not about the needs of the

        16       people of the State of New York."

        17                  I don't know all of the mechanics,

        18       Senator Perkins, on how much this does and or

        19       how much that doesn't.  I count on my

        20       colleague Senator Marcellino, who's been the

        21       expert on this for years.  So why don't we

        22       just say we're going to do one for the team?

        23       The team is the State of New York.  "Team" is

        24       not spelled with an I.  And we can make it

        25       sound not just good, but we can show the



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         1       people of this state that we're willing to

         2       make amends and changes when it will profit,

         3       benefit the rest of the state.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT VALESKY:    Thank

         6       you, Senator Larkin.

         7                  Senator Little.

         8                  SENATOR LITTLE:    Thank you,

         9       Mr. President.

        10                  I can say with confidence that the

        11       area I represent has probably got the cleanest

        12       air in New York State.  Obviously, the fewest

        13       people per square mile and all.  But certainly

        14       not only does it have the cleanest area, but

        15       it also has some of the coldest temperatures

        16       in the state.  And if you watch the Weather

        17       Channel during the winter months, I'm sure

        18       you're all familiar with Saranac Lake, which

        19       is usually the coldest spot in New York State,

        20       and that's in my district.  We have so many

        21       people who have to rely upon oil heat because

        22       natural gas is not available in a lot of

        23       places.  Their only other choice is wood or

        24       propane.  And they also are on fixed incomes,

        25       not huge incomes, and it's a real hardship.



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         1                  So I think I would like to join, I

         2       know I would like to join my colleagues here

         3       today, Senator Perkins, in asking you if you

         4       would amend the bill, if you would take this

         5       bill back.  If the problem is in New York

         6       City, amend it to just New York City.  If you

         7       believe it should be statewide, amend it to a

         8       date that is reasonable.

         9                  We have been here since January.

        10       We have a budget bill we haven't done yet.  I

        11       would guarantee we're probably going to be

        12       here next week.  You could bring the bill in

        13       on Monday with the amendments, and I believe

        14       that you would get more support than you are

        15       going to get for this bill today.  And I

        16       really ask you to do this on behalf of all the

        17       people of New York State, particularly for the

        18       people of my district, who you would be

        19       creating a tremendous hardship by the passing

        20       of this piece of legislation as it exists

        21       today.

        22                  Thank you.

        23                  ACTING PRESIDENT VALESKY:    Thank

        24       you, Senator Little.

        25                  Senator LaValle.



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         1                  SENATOR LaVALLE:    Thank you,

         2       Mr. President.

         3                  Some four or more years ago I was

         4       the sponsor of this legislation, so I'm aware

         5       of the components that go into this.  And it

         6       has been mentioned here one of the issues is

         7       the effective date.  The other issue is the

         8       parts per million and at what points in time

         9       that will come in.

        10                  But there's one more component, and

        11       I would ask if the sponsor would yield to a

        12       question.  Senator Perkins?

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Perkins, do you yield?

        15                  SENATOR PERKINS:    Through you,

        16       Mr. President, yes.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator LaValle, the sponsor yields.

        19                  SENATOR LaVALLE:    Through you,

        20       Mr. President.  Senator Perkins, one of the

        21       things that I recall on this legislation when

        22       I had the sponsorship of it was a component

        23       dealing with the technology of the oil burner

        24       and changes that had to be made.  Is that true

        25       today?  Will individuals have to make changes



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         1       in the nozzle or other parts of their system?

         2                  SENATOR PERKINS:    Through you,

         3       Mr. President, no.  The answer is no.

         4                  SENATOR LaVALLE:    No changes?

         5       Okay, thank you.

         6                  SENATOR PERKINS:    Thank you.

         7                  SENATOR LaVALLE:    On the bill,

         8       Mr. President.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator LaValle, on the bill.

        11                  SENATOR LaVALLE:    You know, as

        12       I've said, I had the sponsorship of this

        13       legislation.  And one of the key elements is

        14       the effective date.  I've heard my colleagues

        15       here not peppering the sponsor with a whole

        16       lot of questions, but it's all about the

        17       effective date.

        18                  So many times as sponsors of

        19       legislation, or even as chairs of committees,

        20       we find that industry, you know, drags its

        21       feet and they get hard-nosed.  We as

        22       legislators, on the other side, should not dig

        23       our heels in.  Collectively, we have heard

        24       that the 2014 date should be one that would

        25       allow us to get where we want to get.



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         1                  Senator Marcellino talked about

         2       something -- and I had a situation today -- he

         3       talked about his children with asthma.  I

         4       think I have over the years supported the Lung

         5       Association and clean air measures.  I called

         6       my daughter today -- I don't want to bore

         7       everyone here.  She wasn't home, but I got my

         8       grandson, who was home.  I said, "Justin, what

         9       are you doing home?  You should be in school."

        10       "Oh," he said, "my asthma is really bad

        11       today."

        12                  So I say that because every one of

        13       us has a family member who struggles with

        14       asthma.  And we want, as a policy matter, to

        15       move toward cleaner air, cleaner air.  And we

        16       could do that, make a bold statement in this

        17       Legislature by simply changing the effective

        18       date from 2012 to 2014 -- two years -- to

        19       allow everyone to gear up.  To do it and pass

        20       legislation that is truly in the interest of

        21       all New Yorkers, all New Yorkers.

        22                  So, Senator Perkins, I ask you, as

        23       many of the other colleagues have, make the

        24       change.  Let's make together a bold statement

        25       towards cleaner air.  2014 does it.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT VALESKY:    Thank

         3       you, Senator LaValle.

         4                  Senator Young.

         5                  SENATOR YOUNG:    Thank you,

         6       Mr. President.

         7                  You know, heating your home is not

         8       a luxury, it's a necessity.  And the further

         9       north you go in New York State, the more

        10       brutal weather becomes and the more brutal the

        11       winters become.  And whether you're in Buffalo

        12       or Olean or Watertown, Potsdam, wherever you

        13       go in upstate, as you drive around the

        14       countryside you see the landscape dotted with

        15       home heating fuel stations.

        16                  And this hurts a lot of people if

        17       this legislation is passed in the form that it

        18       currently has.  People are hurting across this

        19       state.  They're hurting because they've lost

        20       their jobs.  Dairy farmers are suffering

        21       because of the dairy crisis with record low

        22       milk prices.  We have senior citizens who

        23       can't afford to pay their bills now.  We have

        24       the working poor in upstate New York.

        25                  And I can't understand why my



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         1       colleague will not consider a simple amendment

         2       to this bill that would make it palatable for

         3       everybody, would make it work for everybody,

         4       and would allow us to still have the goal --

         5       which is very laudable -- of having cleaner

         6       air.

         7                  So I join with the pleas of my

         8       colleagues who say to Senator Perkins please

         9       change the date on this bill.  Don't hurt our

        10       seniors, don't hurt the working poor, don't

        11       hurt our dairy farmers, don't hurt upstate

        12       New York.  Because if this bill passes the way

        13       that it is now, it will unfortunately do all

        14       those things.

        15                  ACTING PRESIDENT VALESKY:    Thank

        16       you, Senator Young.

        17                  Senator Padavan.

        18                  SENATOR PADAVAN:    Thank you,

        19       Mr. President.  I'd like to just address two

        20       aspects of the discussion that we have had so

        21       far.

        22                  First, the sponsor indicates, and

        23       rightly so, that the area of this state that's

        24       most impacted by sulfur content is in the City

        25       of New York.  And why is that so?  Because of



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         1       the concentration with high-rise apartments,

         2       office buildings all over the City of

         3       New York, particularly in Manhattan -- using

         4       Number 4 and Number 6 oil predominantly, not

         5       at all covered by this legislation.

         6                  That's part of the problem.  What

         7       the solution there is, I'm not sure, but it's

         8       not solved.  So when we talk about the sulfur

         9       content issue in the City of New York, let us

        10       be clear that we're only dealing with part of

        11       that issue with this bill.

        12                  Now, at the same time, if I knew

        13       with certainty, reasonable certainty, that the

        14       capacity for producing this type of fuel

        15       existed in this nation anywhere, and certainly

        16       in our region, I might have a different view

        17       as to how I'm going to vote.  But I've been

        18       reading over all of the inputs that I've

        19       received, and from every source -- U.S. East

        20       Coast refineries, Canadian and Virgin Island

        21       refineries, United Refinery Company, and so

        22       on -- they're all telling us that they

        23       currently do not have the capacity to produce

        24       this fuel in the time frame we are seeking for

        25       them to accomplish.



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         1                  Now, you know, there's the old

         2       saying you can't stick a 10-pound weight in a

         3       5-pound bag.  It's not there.  It's simply not

         4       there.

         5                  Now, part of the problem that

         6       refineries have been experiencing is that

         7       during the economic downturn, some of them

         8       shut down their capacity, shut down entire

         9       refineries.  Valero, the largest refiner in

        10       this country, shut down one or more of their

        11       facilities because of the economy and the lack

        12       of need, particularly in the manufacturing

        13       sector, of fuel.

        14                  Now, what we would be asking them

        15       to do is to open up those refineries, and it

        16       takes a great deal of time to do that.  You

        17       just don't turn on a switch.  It takes a year

        18       or so to get a refinery on line.

        19                  In addition, in order to produce

        20       this type fuel, this Number 2 fuel, in the

        21       configuration that we want it to produce it,

        22       existing facilities would have to be modified.

        23       It requires reengineering.  And I've been

        24       forced to go back to my college course in

        25       organic chemistry to remember what that might



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         1       require with a petroleum organic product of

         2       this sort.  And it's not easy.  That would

         3       take a great deal of time.

         4                  So on one hand, we don't have the

         5       capacity.  On the other hand, to produce the

         6       capacity, we need a lot of time to do it, and

         7       we certainly can't do it in the time frame

         8       this bill requires.  That's what all the

         9       refiners are saying.  They're not saying they

        10       don't want to sell this fuel, they're not

        11       saying they don't want to make this fuel.  As

        12       a matter of fact they might make more profit

        13       with this fuel.  They're say they can't.  Now,

        14       you say they can; they say they can't.

        15                  This would be a terrible, terrible

        16       tragedy if we put into law a requirement that

        17       people have to acquire, buy a product that's

        18       simply not available.  Then what do they do?

        19       There are countries in South America where

        20       they sell fuel on the black market.  They go

        21       across national lines because of certain

        22       regulations and restrictions and all kinds of

        23       things.  I don't think you want to do that.  I

        24       think you're far too astute, intelligent an

        25       individual.  You don't want to do that.



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         1                  So as has been asked here and been

         2       asked in a very, I think, gentle way and in a

         3       reasonable way and in a positive way, amend

         4       this bill, give us the time to do what the

         5       industry needs, and then we'll be home free.

         6       We'll achieve what we want to achieve.  And

         7       maybe in the process we could also start

         8       including some of those other types of fuels

         9       that are polluting our environment in New York

        10       City.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Perkins, why do you rise?

        13                  SENATOR PERKINS:    I just wanted

        14       to ask, again, a question of the Senator.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Padavan, do you yield to a question?

        17                  SENATOR PADAVAN:    Yes.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Padavan yields.

        20                  SENATOR PERKINS:    I just want to

        21       be clear that you did hear -- you point out

        22       that the Governor has the opportunity to

        23       address some of the concerns that you brought

        24       up in terms of the scarcity of the type --

        25                  SENATOR PADAVAN:    I'm sorry,



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         1       Senator, I'm not hearing you.

         2                  SENATOR PERKINS:    The Governor --

         3       the bill allows for the Governor to intervene,

         4       in consultation with NYSERDA, when it comes to

         5       some of the concerns that have been addressed

         6       already.  Like scarcity, for instance.

         7                  SENATOR PADAVAN:    Well, I'm not

         8       sure I understand fully what that means.  But

         9       if there's a mandate of time on this -- excuse

        10       us if we're breaking the rules here.  But if

        11       there's a mandate on time in terms of when the

        12       effective date is, I don't know what the

        13       Governor is going to be able to do to undo

        14       that either -- unless the bill allows him to

        15       overrule that time frame at some future date.

        16                  And I don't think that's in your

        17       bill.  If it is, I'd be interested in knowing

        18       that.

        19                  SENATOR PERKINS:    Okay.  Thank

        20       you.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Alesi.

        23                  SENATOR ALESI:    Thank you,

        24       Mr. President.

        25                  I appreciate the points of view on



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         1       both sides of the aisle.  And I have great

         2       respect for Senator Perkin's efforts here.

         3       Because as we all know, the main goal, over a

         4       reasonable period of time while we're dealing

         5       with elements of the environment, is to

         6       improve the environment.  That's good for

         7       everybody.

         8                  But I think Senator Libous made a

         9       compelling argument when he was talking about

        10       a reasonable period of time, and some of my

        11       colleagues also in asking for just a little

        12       more time before this is implemented.  In

        13       fact, if you pay close attention to the bill,

        14       it says this act shall take effect

        15       immediately.  That means as soon as the

        16       Governor signs it.  Immediately.  With the

        17       date prescribed in there, obviously.

        18                  But I would like to ask if Senator

        19       Perkins would be kind enough to yield for a

        20       simple question.

        21                  I'm sorry, Mr. President, I thought

        22       you were going back to your seat to vote yes

        23       with it.

        24                  ACTING PRESIDENT VALESKY:

        25       Proceed.



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         1                  SENATOR ALESI:    Mr. President,

         2       would Senator Perkins yield?

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Perkins, will you yield?

         5                  SENATOR PERKINS:    Yes.

         6                  ACTING PRESIDENT VALESKY:    The

         7       sponsor yields.

         8                  SENATOR ALESI:    Thank you,

         9       Senator.  Thank you for your efforts.  I think

        10       there's no dispute that you're trying to do

        11       something good here.

        12                  However, it's very, very clear to

        13       me and some of my colleagues that this just

        14       makes this happen too soon.  And because it

        15       covers the entire State of New York and not

        16       just those areas that are defined as

        17       non-attainment areas -- it covers the whole

        18       State of New York -- that this has a very

        19       negative effect on those of us who live

        20       upstate.

        21                  In this new Section 19, as you

        22       correctly point out, there is a provision that

        23       says the Governor, by way of executive action,

        24       can stop this temporarily from being put into

        25       effect.  You could also draw from that that



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         1       maybe while it's in effect, that he could

         2       suspend it temporarily, although that's not

         3       specifically said in there.  But he can do

         4       this after consulting with NYSERDA.

         5                  And so my question to you, Senator,

         6       is this.  I'm looking through all of those

         7       people who are in favor of the bill and who

         8       are not in favor of the bill, and I do not see

         9       NYSERDA in here on any of these memos.  Where

        10       is NYSERDA on this particular bill?

        11                  SENATOR PARKER:    I assume that

        12       the Governor's support of this bill is

        13       significant in terms of NYSERDA's point of

        14       view.  But generally speaking, they don't

        15       issue a position on this.

        16                  SENATOR ALESI:    Thank you,

        17       Mr. President.  If I may continue.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Alesi.

        20                  SENATOR ALESI:    If Senator

        21       Perkins would continue to yield.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Perkins, will you continue to yield?

        24                  SENATOR PERKINS:    Yes.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       sponsor continues.

         2                  SENATOR ALESI:    With all respect,

         3       Senator, setting your assumptions aside, my

         4       question was where does NYSERDA stand.  And if

         5       your assumption is that they haven't taken a

         6       position on this, then could I conclude that

         7       you haven't consulted with NYSERDA on this in

         8       the crafting of this bill?

         9                  SENATOR PERKINS:    Through you,

        10       Mr. President, I have not personally consulted

        11       with them about their position on the bill.

        12       However, I do know that they have not sent any

        13       communication in opposition either.

        14                  And again, I think that the support

        15       of the Governor for the bill indicates that

        16       there will be some support from NYSERDA as

        17       well.

        18                  SENATOR ALESI:    Thank you.

        19                  Mr. President, one other question,

        20       if I may.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Perkins?

        23                  SENATOR PERKINS:    By all means.

        24                  ACTING PRESIDENT VALESKY:    The

        25       sponsor continues to yield.



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         1                  SENATOR ALESI:    Senator, as you

         2       know, sometimes it's a little difficult to

         3       hear around here.  But I think when you were

         4       responding to Senator Libous, you said

         5       something about the mayor of New York.  I

         6       think you said "Are you aware that the mayor

         7       of New York" -- and then I couldn't hear the

         8       rest of that.

         9                  SENATOR PERKINS:    Through you,

        10       Mr. President.  Yes, the mayor of New York,

        11       who's in support of this bill, is also in the

        12       process of developing regs on Number 4 and

        13       Number 6 oil.

        14                  SENATOR ALESI:    I'm sorry,

        15       Mr. President.  In the process of what?

        16                  SENATOR PERKINS:    Developing some

        17       regs with regard to Number 4 and Number 6.

        18                  SENATOR ALESI:    Through you,

        19       Mr. President.  Will he continue to yield?

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Perkins, do you continue to yield?

        22                  SENATOR PERKINS:    Yes.

        23                  ACTING PRESIDENT VALESKY:    The

        24       sponsor yields.

        25                  SENATOR ALESI:    Senator Perkins,



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         1       why is he in the process of doing that?

         2                  SENATOR PERKINS:    Through you,

         3       Mr. President, I guess he wants to be ready in

         4       time for the implementation of this

         5       legislation.

         6                  SENATOR ALESI:    Mr. President,

         7       through you.  May I continue?

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Perkins?

        10                  SENATOR PERKINS:    Yes.

        11                  ACTING PRESIDENT VALESKY:    The

        12       sponsor yields.

        13                  SENATOR ALESI:    Senator Perkins,

        14       is that because the area that we know as

        15       Manhattan, which is in the non-attainment

        16       area, does this bill not apply to Manhattan?

        17                  SENATOR PERKINS:    Through you,

        18       Mr. President, it does apply.

        19                  SENATOR ALESI:    So it applies to

        20       all of the areas in the non-attainment area,

        21       then?  Through you, Mr. President.

        22                  SENATOR PERKINS:    Through you,

        23       yes.

        24                  SENATOR ALESI:    Thank you.

        25                  Mr. President, on the bill, if I



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         1       may.

         2                  Thank you, Senator Perkins for your

         3       help.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Alesi, on the bill.

         6                  SENATOR ALESI:    I think it's very

         7       clear -- and I don't know how many different

         8       ways that we can say this.  But I think it is

         9       clear through this legislation that the

        10       Governor is mentioned prominently in this

        11       bill, as Senator Perkins correctly points out,

        12       as having the power to suspend this

        13       legislation after consulting with NYSERDA.  It

        14       seems odd to me at this point that we have

        15       had, at least according to the sponsor, no

        16       interaction with NYSERDA at all, and yet they

        17       figure prominently into how this bill would

        18       work as well.

        19                  And I think it's also compelling

        20       for all of us to understand, and I'll say

        21       slightly differently what all of my other

        22       colleagues have said, is that this bill

        23       applies statewide and yet it refers in the

        24       legislative memo to those areas that are

        25       non-attainment areas.  Meaning that they don't



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         1       meet the federal standards for healthy air.

         2                  Senator Little correctly pointed

         3       out that in her district they have the

         4       cleanest air in all of New York State.  And

         5       one might conclude from that that this would

         6       be beyond necessary from the environmental

         7       standpoint, but she also concluded -- and I

         8       agree -- that this would have deleterious

         9       effects to those individual homeowners who are

        10       going to have to pay significantly more price

        11       per gallon for this kind of heating oil.

        12                  And if you look at the contrast

        13       between those areas in the New York City

        14       region that, maybe rightfully so, need to have

        15       more help in attaining healthier air, those

        16       areas upstate that are going to be equally

        17       impacted probably don't.

        18                  If you look at the kinds of homes

        19       that are being heated in upstate New York, by

        20       and large we are not in a vertical society.

        21       Not most of our residential lives in high-rise

        22       apartments, we live in single-family home.  If

        23       you think about that, a single-family home,

        24       there is no synergy.  You don't pick up any

        25       advantage from your neighbor who's 200 yards



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         1       away as you do when you're living in a

         2       vertical society and you have the advantage of

         3       heating that whole vertical building with

         4       maybe a thousand apartments in it.

         5                  So now while you have the coldest

         6       area of the state, as compared to New York

         7       City -- and whether it is in the Adirondacks

         8       or if it's on the southern shore of Lake Erie

         9       or Lake Ontario where the Canadian wind, the

        10       Artic Express, comes across and hits every one

        11       of those single-family homes like a 10-cent

        12       razor blade -- I think that was the term I

        13       remember hearing -- it is freezing cold.  And

        14       you have to turn the heat up.  And when you

        15       turn the heat up to keep your home warm, it

        16       costs you more money.  And under this plan,

        17       even though we don't really need it upstate

        18       for air quality, it's going to cost even that

        19       much more.

        20                  Now, it doesn't matter whether

        21       we're middle-class or low-income people or

        22       elderly, we're all going to be impacted

        23       negatively by a bill that really is designed

        24       for New York City and the New York City

        25       metropolitan area.  And I applaud that.  Love



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         1       to help you with that.

         2                  But all I'm saying is this.  I

         3       don't know if there's another way I can say

         4       it.  My colleagues have said it.  Cut us some

         5       slack.  Every time we turn around, we're

         6       getting killed by New York City.  I love

         7       New York City.  I still believe it's the

         8       economic engine of the state.  And we

         9       desperately need New York City.  We're all

        10       part of it.  But we should not be suffering

        11       under a bill that is meant to take care of the

        12       non-attainment areas, which is mostly New York

        13       City, when we live upstate, where it's cold,

        14       where we live in single-family homes, and

        15       we're going to pay more.  Whether we're

        16       capable of paying more, whether we're elderly

        17       and frail, or whether we're young families in

        18       a single-family home trying to make life

        19       better, we're getting killed.

        20                  The mayor is working on something.

        21       I'm glad for that.  But the mayor is from

        22       New York City.  So is the Governor.  So is

        23       everybody else that's running this state right

        24       now.  Now, we were able to have some rational,

        25       in my view, some rational response from a



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         1       couple of the upstate Senators from the other

         2       side of the aisle on that amendment.  That

         3       tells me clearly that those two out of three

         4       upstate Senators -- that would have embraced

         5       the amendment that would have just put this

         6       off a little bit longer so that we could maybe

         7       be carved out or at least accommodated --

         8       understand how vitally important it is not to

         9       impact upstate New York so negatively when the

        10       real intent of this bill is to do something

        11       for New York City.  And appropriately so.

        12                  So, my colleagues, we're on the

        13       main bill.  I'm simply asking again -- and

        14       Senator Perkins is a dear friend of mine.  And

        15       I enjoy his company, and I applaud his

        16       efforts.  I'm simply asking, again, take a

        17       step back, just amend this bill slightly to

        18       help the people in upstate New York, come back

        19       with it Monday.  I can't speak for my

        20       colleagues, but I'd pretty much bet if I got

        21       them all in a room alone, they'd see life my

        22       way.  We'd support your bill.

        23                  Please, Senator Perkins, help us

        24       out in upstate.

        25                  ACTING PRESIDENT VALESKY:    Thank



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         1       you, Senator Alesi.

         2                  Senator Owen Johnson.

         3                  SENATOR OWEN JOHNSON:    Thank you,

         4       Mr. President.

         5                  You know, I spent quite a few years

         6       in environmental activities, including being

         7       the chairman of the Environmental Conservation

         8       Committee in the Senate.  And I have always

         9       had a strong interest in air quality and water

        10       quality.  When I started right off talking

        11       with DEC and other people, they said to me,

        12       Well, you can do a lot of things and we should

        13       do a lot of things and we have done a lot of

        14       things to clean the air, but unless you can

        15       change the breeze coming up from Jersey, you

        16       won't make much difference in your communities

        17       on Long Island.  And that's probably true.

        18                  In any event, as you all know,

        19       automobile inspections and standards have been

        20       ratcheted down and down.  The cars are very

        21       clean.  They've added ethanol to the gasoline

        22       to make the air cleaner.  And we're still in a

        23       non-attainment area, with all we've done.

        24                  Now, we can't change the air coming

        25       up the coast.  We can't get a block of fresh



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         1       air and park it over our communities and keep

         2       it there, because air keeps moving.  Not only

         3       around Long Island, obviously, or New York

         4       City, but even in the Adirondacks.  Senator

         5       Little said they've got the cleanest air up

         6       there.  But you know what?  Their air is

         7       polluted by the midwest power plants, and they

         8       have acidic lakes with no fish in their lakes

         9       because of the acid from the midwest power

        10       plants.

        11                  So we can't change a lot of the

        12       surroundings.  We should try to work together

        13       with our surrounding states, though, and get

        14       the air as clean as we can by matching the

        15       standards of the surrounding states, which has

        16       been proposed as an amendment here.  Now, that

        17       amendment should be adopted.  We should match

        18       that clean as we can.  And what am I going to

        19       tell you here?  I've got so many things to

        20       say.

        21                  In any event, the only discernible

        22       benefit -- or change, I should say, not

        23       benefit.  The only discernible change from

        24       changing this little bit of air quality in

        25       fuel, varying it lower than the surrounding



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         1       states, will not make our air one bit cleaner.

         2       The discernible benefit, if you want to say,

         3       or change is that we're going to pay more for

         4       our fuel oil.  Now, that doesn't make an awful

         5       lot of sense, does it, when you're not

         6       cleaning the air at all, you still have the

         7       same air coming from Jersey, the same air from

         8       the surrounding states.  That we should match

         9       their standard and that we could do that

        10       inexpensively and avoid increased costs for

        11       people who buy the fuel oil.

        12                  That's about all I can say.  So I

        13       think that the suggested changes by Senator

        14       Marcellino to match the other standards is the

        15       right thing to do.  It'll be doing the best we

        16       can for air quality at the moment, and we

        17       won't be bankrupting our people.

        18                  Thank you.

        19                  ACTING PRESIDENT VALESKY:    Thank

        20       you, Senator Johnson.

        21                  Senator DeFrancisco.

        22                  SENATOR DeFRANCISCO:    I just want

        23       to stand up briefly.  I'm not going to make

        24       the same argument.  I just want to state for

        25       the record that I agree with Senator



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         1       Stachowski.  I agree with him strongly that

         2       this bill should not be effective until 2014,

         3       and I support his bill, which was our

         4       amendment.

         5                  And I agree with Senator Aubertine

         6       as well, who voted for that amendment, who

         7       obviously feels the same way, because he

         8       represents an upstate community, that this

         9       bill should not go into effect, the

        10       requirement, until 2014.

        11                  And I also agree with what I know

        12       is Senator Valesky's belief in his heart that

        13       it should be 2014.  And I hope we have their

        14       support when we vote against this bill.

        15                  Thank you.

        16                  ACTING PRESIDENT VALESKY:    Thank

        17       you, Senator DeFrancisco.

        18                  Are there any other Senators who

        19       wish to be heard on the bill?

        20                  Seeing none, the debate is closed.

        21                  The Secretary will ring the bells.

        22       All Senators are asked to proceed to the

        23       chamber for the purposes of a roll call.

        24                  Senator Libous.

        25                  SENATOR LIBOUS:    Mr. President,



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         1       I'd like to call a slow roll call on this

         2       bill.

         3                  ACTING PRESIDENT VALESKY:    Seeing

         4       the required five Senators rise, the roll will

         5       be called slowly.

         6                  The Secretary will read the last

         7       section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll slowly.

        12                  THE SECRETARY:    Senator Adams.

        13                  SENATOR ADAMS:    Yes.

        14                  THE SECRETARY:    Senator Addabbo.

        15                  SENATOR ADDABBO:    Yes.

        16                  THE SECRETARY:    Senator Alesi.

        17                  SENATOR ALESI:    No.

        18                  THE SECRETARY:    Senator

        19       Aubertine.

        20                  SENATOR AUBERTINE:    Yes.

        21                  THE SECRETARY:    Senator Bonacic.

        22                  SENATOR BONACIC:    No.

        23                  THE SECRETARY:    Senator Breslin.

        24                  SENATOR BRESLIN:    Yes.

        25                  THE SECRETARY:    Senator



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         1       DeFrancisco.

         2                  SENATOR DeFRANCISCO:    No.

         3                  THE SECRETARY:    Senator Diaz.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Diaz, to explain his vote.

         6                  SENATOR DIAZ:    Thank you,

         7       Mr. President.

         8                  I'd just like to thank Senator

         9       Perkins, because the County of the Bronx and

        10       the district that I represent is one of the

        11       more affected areas with asthma and

        12       respiratory diseases.  Even myself, the other

        13       day, I just found that I am with asthma too.

        14       And that's what happens to people in the

        15       district that I represent.

        16                  So, Senator Perkins, thank you for

        17       your concern and your bill.  It helps -- even

        18       myself will be helped with that bill.  So

        19       thank you, and I'm voting yes.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Diaz to be recorded in the

        22       affirmative.

        23                  THE SECRETARY:    Senator Dilan.

        24                  SENATOR DILAN:    Yes.

        25                  THE SECRETARY:    Senator Duane.



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         1                  SENATOR DUANE:    Yes.

         2                  THE SECRETARY:    Senator Espada.

         3                  SENATOR ESPADA:    Yes.

         4                  SENATOR LIBOUS:    Mr. President --

         5                  ACTING PRESIDENT VALESKY:

         6       Senator Libous.

         7                  SENATOR LIBOUS:    -- is this a

         8       slow roll call?  Are not members supposed to

         9       orally give their vote, or are we on a hand

        10       vote?

        11                  ACTING PRESIDENT VALESKY:    This

        12       is a slow roll call.  Members are voted

        13       orally.

        14                  SENATOR LIBOUS:    First of all, we

        15       can't hear any members voting.  We only hear

        16       Tommy giving the result of the vote.

        17                  ACTING PRESIDENT VALESKY:    I

        18       would ask that Senators project as they vote

        19       so that the Secretary may record the vote

        20       accurately.

        21                  SENATOR LIBOUS:    In that vein,

        22       Mr. President, could you please tell me how

        23       the last three people voted?

        24                  ACTING PRESIDENT VALESKY:

        25       Senators Dilan, Duane, and Espada recorded in



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         1       the affirmative.

         2                  SENATOR LIBOUS:    Thank you,

         3       Mr. President.

         4                  ACTING PRESIDENT VALESKY:    The

         5       Secretary will continue to call the roll

         6       slowly.

         7                  THE SECRETARY:    Senator Farley.

         8                  SENATOR FARLEY:    No.

         9                  THE SECRETARY:    Senator Flanagan.

        10                  SENATOR FLANAGAN:    No.

        11                  THE SECRETARY:    Senator Foley.

        12                  SENATOR FOLEY:    Mr. President.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Foley, to explain his vote.

        15                  SENATOR FOLEY:    Thank you,

        16       Mr. President.

        17                  This bill is very, very important

        18       to Long Island and that particular region of

        19       New York State.  When I was chair of the

        20       Health Committee in the County Legislature, we

        21       had plenty of testimony over a period of years

        22       about the, let's say, high, high levels of

        23       pollutants within that given region.

        24                  This particular bill that Senator

        25       Perkins has put forward will in the short



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         1       term, mid-term, and long term help clean up

         2       the air of our particular region.

         3                  I want to thank Senator Perkins for

         4       putting this bill forward.  Notwithstanding

         5       the issue of the timing, the substance of this

         6       bill will enable Long Islanders to breathe

         7       easier as time goes on.  That's why I strongly

         8       support the bill and vote in the affirmative,

         9       Mr. President.  Thank you.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Foley to be recorded in the

        12       affirmative.

        13                  THE SECRETARY:    Senator

        14       Fuschillo.

        15                  SENATOR FUSCHILLO:    No.

        16                  THE SECRETARY:    Senator Golden.

        17                  SENATOR GOLDEN:    No.

        18                  THE SECRETARY:    Senator Griffo.

        19                  SENATOR GRIFFO:    No.

        20                  SENATOR ADAMS:    Mr. President,

        21       point of order.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Adams, why do you rise?

        24                  SENATOR ADAMS:    Point of order.

        25       If I recall, in order to do a vote, you're



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         1       supposed to be in your chair.  Senator Golden

         2       was marching around somewhere.  You know, he

         3       disappears a lot when important votes come on.

         4       So I just wanted to make sure that he was in

         5       his chair when he made his vote.

         6                  (Laughter.)

         7                  SENATOR GOLDEN:    Thank you,

         8       Senator Adams.

         9                  (Laughter.)

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Golden to be recorded in the negative.

        12                  SENATOR GOLDEN:    That's correct.

        13       Thank you.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will continue to call the roll.

        16                  THE SECRETARY:    Senator Hannon.

        17                  SENATOR HANNON:    No.

        18                  THE SECRETARY:    Senator

        19       Hassell-Thompson.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Hassell-Thompson, to explain her vote.

        22                  SENATOR HASSELL-THOMPSON:    Thank

        23       you, Mr. President.  Let me project my voice

        24       loudly so that all can hear me vote in the

        25       affirmative.



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         1                  I, like Senator Diaz, represent the

         2       Bronx, with the highest incidences of asthma.

         3       And until we have found what the single cause

         4       is, everything that we do has the

         5       possibilities of adding to the rise in asthma

         6       among our children as well as adults.

         7       Therefore, loudly I affirm in support of

         8       Senator Perkins' bill.

         9                  Thank you, Mr. President.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Hassell-Thompson to be recorded in the

        12       affirmative.

        13                  THE SECRETARY:    Senator Huntley.

        14                  SENATOR HUNTLEY:    Yes.

        15                  THE SECRETARY:    Senator C.

        16       Johnson.

        17                  SENATOR CRAIG JOHNSON:    Yes.

        18                  THE SECRETARY:    Senator O.

        19       Johnson.

        20                  SENATOR OWEN JOHNSON:    No.

        21                  THE SECRETARY:    Senator Klein.

        22                  SENATOR KLEIN:    Yes.

        23                  THE SECRETARY:    Senator

        24       L. Krueger.

        25                  ACTING PRESIDENT VALESKY:



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         1       Senator Liz Krueger, to explain her vote.

         2                  SENATOR LIZ KRUEGER:    Thank you.

         3                  Well, I sat and listened carefully

         4       to the debate.  And I guess I was confused by

         5       a couple of things.  But I am quite sure I am

         6       voting yes for this bill.

         7                  Just for the record, the air moves

         8       around.  So whether we think we live in a

         9       slightly dirty area airwise or a clean area

        10       airwise, the thing about air is it keeps

        11       moving everywhere.  So it affects us all when

        12       there's pollution.

        13                  Second, it was made very clear that

        14       if there is any shortage of the correct new

        15       low-sulfur, high-efficiency fuel, that the

        16       Governor will have the power to extend

        17       timelines with this legislation.

        18                  So with this legislation we're

        19       going to do what is needed for the

        20       environment.  It will be a win/win for all

        21       areas of the State of New York.  Yes, my area

        22       is a particularly high-danger area.  But also

        23       the fuel is more efficient, so you're actually

        24       going to burn less of it.  So I'd even debate

        25       the cost issue.



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         1                  So yes, I'm happy to loudly

         2       proclaim yes I support the bill.  Thank you,

         3       Mr. President.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Liz Krueger to be recorded in the

         6       affirmative.

         7                  The Secretary will continue.

         8                  THE SECRETARY:    Senator C.

         9       Kruger.

        10                  SENATOR CARL KRUGER:    Yes.

        11                  THE SECRETARY:    Senator Lanza.

        12                  SENATOR LANZA:    No.

        13                  THE SECRETARY:    Senator Larkin.

        14                  SENATOR LARKIN:    No.

        15                  THE SECRETARY:    Senator LaValle.

        16                  SENATOR LaVALLE:    No.

        17                  THE SECRETARY:    Senator Leibell.

        18                  SENATOR LEIBELL:    No.

        19                  THE SECRETARY:    Senator Libous.

        20                  SENATOR LIBOUS:    To explain my

        21       vote, Mr. President.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Libous, to explain his vote.

        24                  SENATOR LIBOUS:    Mr. President,

        25       Senator Perkins, I like you, I think you're a



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         1       good legislator, but I'm disappointed today.

         2       I'm disappointed.

         3                  I'm disappointed in my other

         4       colleagues, particularly those from downstate.

         5       Over the last 22 years, I've voted for a

         6       number of major pieces of legislation that

         7       helped people on Long Island and the City of

         8       New York, because it's all part of the state.

         9       And I hear from my colleagues on the other

        10       side of the aisle that we're one New York.  I

        11       hear it often from my friend and colleague

        12       Senator Smith and others.

        13                  Well, I'm disappointed.  We

        14       explained to you that this bill hurts the

        15       upstate rural communities, the consumers who

        16       heat their home with oil.  This is going to

        17       cost them more money.  We're not being

        18       unreasonable.  We care about asthma, we care

        19       about air quality and control.  And we asked

        20       the sponsor on a number of occasions -- number

        21       one occasion, if it's a problem in the City of

        22       New York and in Long Island, then make the

        23       bill pertain to the City of New York and Long

        24       Island.  But no, we're going to make this

        25       statewide.



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         1                  And then what do you do is you

         2       impose restrictions.  People will not get home

         3       heating oil next year, I'm telling you.  But

         4       you won't care, because you'll be in the City

         5       of New York.  You don't heat, as Senator Alesi

         6       and others said, your home with home heating

         7       fuel.

         8                  So I'm disappointed.  I'm very

         9       disappointed.  When we stand up and share with

        10       you the differences -- because this is a

        11       different state, even though we're one New

        12       York State.  Upstate -- and I see that,

        13       Senator Hassell-Thompson.  You don't have to

        14       show me your watch.  I have one.  I know my

        15       time is running out.  But this is important

        16       enough for me for make a point.  Shame on you

        17       for not being open-minded enough to respect

        18       those who don't live in the City of New York

        19       or on Long Island.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Libous, how do you vote?

        22                  SENATOR LIBOUS:    I vote no.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Libous to be recorded in the negative.

        25                  The Secretary will continue.



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         1                  THE SECRETARY:    Senator Little.

         2                  SENATOR LITTLE:    No.

         3                  THE SECRETARY:    Senator

         4       Marcellino.

         5                  SENATOR MARCELLINO:    No.

         6                  THE SECRETARY:    Senator Maziarz.

         7                  SENATOR MAZIARZ:    No.

         8                  THE SECRETARY:    Senator McDonald.

         9                  SENATOR McDONALD:    No.

        10                  THE SECRETARY:    Senator

        11       Montgomery.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Montgomery, to explain her vote.

        14                  SENATOR MONTGOMERY:    Mr.

        15       President, to explain my vote.

        16                  I am voting yes on this.  I'm quite

        17       confused by Senator Libous, all due respect,

        18       Senator.  You chastise us because we say one

        19       New York, because we believe one New York.

        20       But then, on the other hand, you say but leave

        21       us out, leave the upstate constituents out,

        22       don't protect their environment.  So I'm a

        23       little bit confused by that.

        24                  I think this is really a good bill.

        25       We really need this bill in the State of



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         1       New York.  We are one of the highest users of

         2       fuel oil for heating purposes.  And we also

         3       have pockets in our state where there is a

         4       very high concentration of incidents of

         5       chronic ailments related to pollution in the

         6       environment, auto and home heating and public

         7       transportation and et cetera.

         8                  So this particular bill is an

         9       attempt to address part of that.  It in fact

        10       will reduce the cost of heating oil.  I have a

        11       district that has a large number of

        12       single-home owners, small residences,

        13       essentially, that use this heating oil.  So

        14       I'm extremely supportive and excited that we

        15       have taken at least one small step to address

        16       this issue.

        17                  And, Mr. President, I therefore

        18       vote aye for this bill.

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Montgomery to be recorded in the

        21       affirmative.

        22                  THE SECRETARY:    Senator Morahan,

        23       excused.

        24                  Senator Nozzolio.

        25                  ACTING PRESIDENT VALESKY:



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         1       Senator Nozzolio, to explain his vote.

         2                  SENATOR NOZZOLIO:    Thank you,

         3       Mr. President.

         4                  Mr. President and my colleagues, I

         5       rise because I believe we are one New York.

         6       But I strongly believe that a portion of our

         7       state is totally ignoring the dramatic and

         8       almost desperate economic crisis that exists

         9       in upstate New York.  And that this

        10       legislation adds to the burden of doing

        11       business, of producing jobs, of making the

        12       upstate economy work again.  Government should

        13       not be the problem.

        14                  Here, with this legislation

        15       ignoring the needs and the dramatic situation

        16       that upstate faces, is reason enough to vote

        17       against the legislation.  And, Mr. President,

        18       that's why I wish to be recorded in the

        19       negative against the bill.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Nozzolio to be recorded in the

        22       negative.

        23                  The Secretary will continue.

        24                  THE SECRETARY:    Senator Onorato.

        25                  SENATOR ONORATO:    Aye.



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         1                  THE SECRETARY:    Senator

         2       Oppenheimer.

         3                  SENATOR OPPENHEIMER:    Yes.

         4                  THE SECRETARY:    Senator Padavan.

         5                  SENATOR PADAVAN:    Nay.

         6                  THE SECRETARY:    Senator Parker.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Parker, to explain his vote.

         9                  SENATOR PARKER:    Yes, Mr.

        10       Chairman.

        11                  First, let me just congratulate

        12       Bill Perkins for his intrepid work and

        13       leadership on this issue.  There is nothing,

        14       frankly, more important than the stewardship

        15       of our planet.  And if we have not learned

        16       that from what's been happening with the

        17       greenhouse effect and what's been happening

        18       with the high asthma rates, when we see

        19       earthquakes and tidal waves and tsunamis and

        20       all these other things that are happening,

        21       this all is part of it.  And not even a

        22       mention of the BP disaster.  Right?

        23                  And so, you know, we know how

        24       harmful this is.  One of the things we ought

        25       to do -- and as you have the chairman of the



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         1       Energy Committee in the Senate on your side of

         2       the aisle, you ought to interact with him to

         3       find ways that we can get people off of oil.

         4       We need to be moving away from this situation

         5       anyway.

         6                  In the same way that we have, you

         7       know, stopped smoking in buildings, we have to

         8       progress.  And it's going to be difficult.

         9       This is what we call the transition.  And

        10       transitions are painful, but they're

        11       necessary.  We need to be moving towards a

        12       society where we are not dependent on, you

        13       know, foreign oil consumption, where we're

        14       not -- our addiction to foreign oil has to be

        15       broken.  And if it has to be done, you know,

        16       cold turkey, then so let it be.

        17                  But there are lots of programs to

        18       help people move to alternative energy and do

        19       things that need to be done so they can heat

        20       their homes.  But certainly taking sulfur out

        21       is an important first step.  I applaud you,

        22       Senator Bill Perkins, and thank you so much

        23       for doing this.  And I really encourage my

        24       colleagues to vote aye as I will be voting

        25       aye.



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         1                  ACTING PRESIDENT VALESKY:

         2       Senator Parker to be recorded in the

         3       affirmative.

         4                  THE SECRETARY:    Senator Peralta.

         5                  SENATOR PERALTA:    Yes.

         6                  THE SECRETARY:    Senator Perkins.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Perkins, to explain his vote.

         9                  SENATOR PERKINS:    Thank you very

        10       much.  I'm going to be brief.  But, Senator

        11       Libous, I love you too.  And I have a high

        12       regard for what you do on behalf of your

        13       conference.  And I in no way question the

        14       sincerity of what you're trying to do for the

        15       people of your community or the people of the

        16       state.  I would urge you not to do the same

        17       with me and my colleagues as well.

        18                  As you may recall, we had a

        19       discussion earlier in which the date was

        20       different than the date that you're talking

        21       about now.  The date that was offered was

        22       1012.  Now we're talking about 2014.  So I'm

        23       concerned about the moving target as we move

        24       forward to correct what we all recognize is a

        25       problem not just for New York City but for



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         1       New York State as well.

         2                  And I believe that this

         3       legislation, as a result of some of the input

         4       that you have made and some of your other

         5       colleagues have made, is a giant step towards

         6       that end.  We all are winners on this, no

         7       matter what part of the state that we come

         8       from.  Your constituents will breathe better

         9       and all of our constituents will save money by

        10       virtue of this legislation.  And if in fact

        11       any corrections need to be made, thanks to

        12       your input and others, the Governor is

        13       available to take those into consideration.

        14                  So I think that we protest too much

        15       and that we may be denigrating each other

        16       unnecessarily in our passion to represent our

        17       neighborhoods, to represent our areas.  This

        18       is good legislation.  This is not intended to

        19       be a problem for anybody.  And in fact the

        20       proof will be that it is not and will not be.

        21                  Thank you so much.  I vote aye.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Perkins to be recorded in the

        24       affirmative.

        25                  The Secretary will continue to call



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         1       the roll.

         2                  THE SECRETARY:    Senator

         3       Ranzenhofer.

         4                  SENATOR RANZENHOFER:    No.

         5                  THE SECRETARY:    Senator Robach.

         6                  SENATOR ROBACH:    Yes,

         7       Mr. President, to explain my vote.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Robach, to explain his vote.

        10                  SENATOR ROBACH:    I have to say

        11       I'm a little bit surprised and shocked by some

        12       of the comments over there.

        13                  And you're right, while we all want

        14       to solve this, we also talk about words in

        15       this chamber all the time:  Cooperation,

        16       fairness, equity.  And I really, I'm missing

        17       it here.

        18                  Not only have you heard a very

        19       cogent reason not to make the people pay the

        20       acute price who aren't in the area where the

        21       greatest pollution is, but then even more

        22       egregious to me, and I don't know if -- I hope

        23       this is omission and not arrogance and

        24       unfairness, but then you don't include in the

        25       bill 4 and 6 oil which heats Manhattan and all



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         1       the big property buildings, and those are

         2       conveniently carved out of the bill, making

         3       this tremendously unfair and quite frankly

         4       adding a lot of hypocrisy to those speeches on

         5       how you really want to solve the problem.

         6                  Now, we could do this a different

         7       way.  We could have changed the date, we could

         8       have included those things.  You're the

         9       sponsor of the bill.  People have asked you,

        10       we talked about it on this floor at great

        11       length.  And I appreciated all the comments

        12       and listened to every one of them, unlike some

        13       people.

        14                  But now there's really no choice.

        15       What could have been something very good and

        16       inclusive is really something very exclusive

        17       and something unfair to a certain part of the

        18       state.

        19                  And you're right, Senator Perkins,

        20       there is a lot of frustration on my

        21       constituents and a lot of us over here that

        22       that happens too much, we feel, where the

        23       weight and the specialty always goes to one

        24       portion of the state, which is rarely mine.

        25       It's always that part in the southern part of



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         1       the state, New York City.  And we could have

         2       avoided that.

         3                  So before, you know, we all

         4       celebrate, I hope, since we couldn't get you

         5       to change it today, I hope we'll go back and

         6       revisit this and really make it a little bit

         7       better so everybody can stand -- and I have to

         8       tell you, after listening to the debate today,

         9       anybody, whether they're either side of the

        10       aisle, who votes for this for upstate New York

        11       is not looking out for the best interests of

        12       their constituents.

        13                  I vote no.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Robach to be recorded in the negative.

        16                  THE SECRETARY:    Senator Saland.

        17                  SENATOR SALAND:    No.

        18                  THE SECRETARY:    Senator Sampson.

        19                  SENATOR SAMPSON:    Yes.

        20                  THE SECRETARY:    Senator Savino.

        21                  SENATOR SAVINO:    Yes.

        22                  THE SECRETARY:    Senator

        23       Schneiderman.

        24                  SENATOR SCHNEIDERMAN:    Yes.

        25                  THE SECRETARY:    Senator Serrano.



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         1                  SENATOR SERRANO:    Yes.

         2                  THE SECRETARY:    Senator Seward.

         3                  SENATOR SEWARD:    No.

         4                  THE SECRETARY:    Senator Skelos.

         5                  SENATOR SKELOS:    No.

         6                  THE SECRETARY:    Senator Smith.

         7                  SENATOR SMITH:    Yes.

         8                  THE SECRETARY:    Senator Squadron.

         9                  SENATOR SQUADRON:    Yes.

        10                  THE SECRETARY:    Senator

        11       Stachowski.

        12                  SENATOR STACHOWSKI:    Yes.

        13                  THE SECRETARY:    Senator Stavisky.

        14                  SENATOR STAVISKY:    Yes.

        15                  THE SECRETARY:    Senator

        16       Stewart-Cousins.

        17                  SENATOR STEWART-COUSINS:    Yes.

        18                  THE SECRETARY:    Senator Thompson.

        19                  SENATOR THOMPSON:    Yes.

        20                  THE SECRETARY:    Senator Valesky.

        21                  SENATOR VALESKY:    Yes.

        22                  THE SECRETARY:    Senator Volker.

        23                  SENATOR VOLKER:    No.

        24                  THE SECRETARY:    Senator Winner.

        25                  SENATOR WINNER:    No.



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         1                  THE SECRETARY:    Senator Young.

         2                  SENATOR YOUNG:    To explain my

         3       vote.

         4                  ACTING PRESIDENT VALESKY:

         5       Senator Young, to explain her vote.

         6                  SENATOR YOUNG:    Thank you,

         7       Mr. President.

         8                  You're right, Senator Perkins, we

         9       are very passionate about our neighborhoods

        10       and about our communities.  And that's why we

        11       expressed our concerns today about how this

        12       hurts our neighborhoods and our communities.

        13                  And you know, I respect you very

        14       much.  I respect Senator Montgomery very much.

        15       But it sounds very disingenuous to me when you

        16       say that the people in our regions are winners

        17       that this doesn't hurt the people in our

        18       regions, that it protects them.  It's not

        19       true.  It's not true.  People are hurting in

        20       upstate New York.  We have an economic crisis

        21       going on.  People have lost their jobs.

        22       People can't afford to pay their bills.

        23                  And I can't believe -- in fact, I'm

        24       shocked that my colleagues, especially the

        25       Democrats from upstate New York, would vote to



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         1       either raise home heating fuel prices or

         2       create a shortage next year where people who

         3       depend on home heating oil aren't going to be

         4       able to get it.  How can you do that?  And how

         5       can you sit there and say that you're making

         6       people winners and not hurting people?  You

         7       are hurting people today.

         8                  I am shocked by this.  I vote no.

         9                  ACTING PRESIDENT VALESKY:

        10       Senator Young to be recorded in the negative.

        11                  Announce the results.

        12                  THE SECRETARY:    Ayes, 32.  Nays,

        13       29.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  The Secretary will continue to read

        17       the controversial calendar.

        18                  THE SECRETARY:    Calendar Number

        19       846, by Senator Stewart-Cousins, Senate Print

        20       7400A, an act to amend the General Municipal

        21       Law.

        22                  ACTING PRESIDENT VALESKY:    Are

        23       there any Senators who wish to be heard on the

        24       bill?

        25                  Hearing none, the debate is closed.



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         1       The Secretary will ring the bells.

         2                  The Secretary will read the last

         3       section.

         4                  THE SECRETARY:    Section 17.  This

         5       act shall take effect on the first of January.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT VALESKY:

        10       Announce the results.

        11                  THE SECRETARY:    In relation to

        12       Calendar Number 846, absent from voting:

        13       Senators Breslin, Golden, Marcellino and

        14       Padavan.

        15                  Ayes, 57.  Nays, 0.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  The Secretary will proceed with the

        19       reading of the controversial supplemental

        20       active list.

        21                  Members are asked to stay in the

        22       chamber.

        23                  THE SECRETARY:    Calendar Number

        24       1001, by Senator L. Krueger, Senate Print

        25       4526, an act to amend the Legislative Law.



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         1                  ACTING PRESIDENT VALESKY:

         2       Senator Griffo.

         3                  SENATOR GRIFFO:    Thank you,

         4       Mr. President.

         5                  As I look at this -- and I

         6       recognize, I think we all do, that if there's

         7       anything flawed, it is the framework and the

         8       process of the state budget.  And the intent

         9       here is noteworthy and admirable, but it's the

        10       content that concerns me.

        11                  And what I look at here is the fact

        12       that we've talked about the idea behind this

        13       is to model it after the Congressional Budget

        14       Office.  And I think that is a good idea.  But

        15       unfortunately, some of the concerns that I

        16       find in this bill is it's somewhat modeled

        17       after but I believe that we have to mirror the

        18       Congressional Budget Office.  If we are going

        19       to do this --

        20                  SENATOR ROBACH:    Can we have a

        21       little order in here?  I can't even hear.  Can

        22       we get a little order in here, Mr. President?

        23                  SENATOR GRIFFO:    Thank you.

        24                  If we're really going to undertake

        25       this process, then I think that we should



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         1       really make an effort to mirror the

         2       Congressional Budget Office to allow to us

         3       really do it properly.

         4                  Some of the concerns with this bill

         5       is the criteria and qualifications and

         6       credentials of the director, deputy director,

         7       and staff.  There's no specific requirements.

         8       It's very general in its statement of purpose.

         9                  Also, the term and length of

        10       service of the executive director.  At this

        11       point in time the bill specifies a seven-year

        12       term, and there's really difficulty in

        13       determining how you may remove that director

        14       if there was cause.

        15                  And the other thing would be that I

        16       don't believe there's enough significant

        17       tasking for the assignments that would be

        18       required and important in undertaking this

        19       responsibility.  The Congressional Budget

        20       Office has been in effect for over 35, and it

        21       has truly been a nonpartisan and professional

        22       operation in Congress.

        23                  For instance, the director, if we

        24       talk about the difference again between what

        25       is stipulated in the bill and what I think



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         1       would even make this a better bill is that the

         2       director of the Congressional Budget Office

         3       has to be approved without regard to political

         4       affiliation and solely based on the fitness to

         5       perform duties.  There is no such requirement

         6       on qualifications for office set forth in this

         7       bill.

         8                  Also, the director of the

         9       Congressional Budget Office can be removed by

        10       resolution of the House of Representatives and

        11       Senate.  This bill does not provide for the

        12       ability to remove the director for

        13       circumstances that may be necessary.

        14                  So I think that, again, the intent

        15       is good.  I do believe that it's important.  I

        16       had a bill, a similar bill talking about the

        17       necessary independence -- an independent

        18       budget operation so that we can have objective

        19       and professional analysis.  But I think that

        20       this really, while it's a beginning in the

        21       right direction, doesn't bring us to where we

        22       really need.

        23                  And when you know that we have had

        24       78 days without a state budget here, when we

        25       see that deadlines have been ignored, and when



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         1       we know that current laws have been violated,

         2       I think it's important that we go and do this

         3       right.

         4                  And while this concept is good and

         5       we should pursue it, I think we need to move

         6       forward with truly making this not a model of

         7       the Congressional Budget Office, but let's

         8       mirror the Congressional Budget Office.  The

         9       reforms are essential and necessary.  I would

        10       hope that we could respect the current laws

        11       before we move over to new ones.  But if we're

        12       going to do it, let's do it right, and let's

        13       truly model it after the Congressional Budget

        14       Office, which has proven itself.

        15                  So that's my perspective, and I

        16       thank you for the opportunity to be heard,

        17       Mr. President.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Thank you, Senator Griffo.

        20                  Senator Liz Krueger, on the bill.

        21                  SENATOR LIZ KRUEGER:    Thank you

        22       very much.  I just rise to explain a bit about

        23       my bill.

        24                  And I want to thank Senator Griffo

        25       for his constructive comments.  I know that



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         1       there was a hostile amendment that he had

         2       earlier, but he pulled it back -- which was

         3       his right -- which, again, looked at a number

         4       of the pieces of the Congressional Budget

         5       Office.

         6                  It is true this is not an exact

         7       model of the Congressional Budget Office.  In

         8       fact, I don't think New York State could do

         9       that right away.  For one thing, it has a much

        10       broader range of responsibilities at the

        11       federal level than the state.  I think that I

        12       couldn't get away with proposing we create a

        13       Congressional Budget Office at the state level

        14       at this time because the economic cost would

        15       be so dramatic.

        16                  When they started the Congressional

        17       Budget Office, they had a $44 million price

        18       tag for it and it had responsibilities beyond

        19       what I think we can have here.  The federal --

        20       if we used the federal model exactly, we would

        21       have to reproduce legislative budget office

        22       models or arms for the Department of Budget,

        23       Tax and Finance, the Comptroller's Office,

        24       ESDC, ORPS.  So this is a smaller model.

        25                  But I want to highlight that I



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         1       think we can get something started and then we

         2       can see how it grows based on its

         3       effectiveness.  So I do appreciate Senator

         4       Griffo's comments and some of the

         5       recommendations that were made in his hostile.

         6       And I think that if we could pass this bill

         7       and get a legislative budget office, we could

         8       see all the potential of what we could do

         9       together and we could grow it over the years.

        10                  What does it do?  As Senator Griffo

        11       pointed out, it's the idea of creating an

        12       independent nonpolitical financial analysis

        13       and forecasting entity, as opposed to a

        14       partisan, politically driven committee.  It is

        15       headed by a director who would be appointed by

        16       joint resolution of the Senate and Assembly

        17       for a seven-year term, with hiring resting in

        18       the director.

        19                  We thought a seven-year term made

        20       sense because it wouldn't be tied into any

        21       governor's schedule of coming in or going out

        22       with governors and would allow -- I'm sorry,

        23       could I ask for a little quiet in the chamber?

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Krueger has requested order in the



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         1       chamber.

         2                  SENATOR LIZ KRUEGER:    Thank you,

         3       Mr. President.

         4                  The legislative budget office would

         5       provide us all -- regardless of party,

         6       regardless of house -- with specific

         7       information about true cost estimates on

         8       budget items, on legislative items, economic

         9       analysis for the state.

        10                  I hope that we will not only pass

        11       this bill but will also pass a piece of

        12       legislation I believe may come up later in the

        13       week or next week for GAAP budgeting for the

        14       state.  In order for the state to truly move

        15       into generally accepted accounting principle

        16       budgeting, we need --

        17                  ACTING PRESIDENT CRAIG JOHNSON:

        18       Senator DeFrancisco, why do you rise?

        19                  SENATOR DeFRANCISCO:    Will

        20       Senator Krueger yield to a question?

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Krueger, will you yield to a question?

        23                  SENATOR LIZ KRUEGER:    Could I

        24       just complete my description?  And then I'd be

        25       happy to take any questions.



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         1                  SENATOR DeFRANCISCO:    Absolutely.

         2                  SENATOR LIZ KRUEGER:    Thank you.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Krueger.

         5                  SENATOR LIZ KRUEGER:    Thank you

         6       so much.

         7                  In order to move successfully into

         8       GAAP budgeting and other important budget

         9       reform, you really need to be able to have

        10       objective information about what things cost

        11       and what things are costing us over time.  And

        12       in fact the legislative budget office would

        13       empower the Legislature -- both houses, both

        14       parties, because everybody would get the same

        15       information -- to challenge now the de facto,

        16       I suppose the de facto positions of the

        17       Department of Budget for the Governor.

        18       Because if we don't have the information to

        19       challenge what the Governor's office is

        20       telling us things cost or will cost or will

        21       bring in, we don't have the ability to be

        22       equal players in budget negotiations and in

        23       three-way legislation.

        24                  This is a very successful model not

        25       only on the federal level, as my colleague



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         1       Senator Griffo has highlighted, but is also

         2       very successful in quite a few other states

         3       who have already implemented nonpartisan

         4       fiscal offices.  Nationwide, 44 state

         5       legislatures have nonpartisan fiscal offices,

         6       including the City of New York, as the largest

         7       city in the State of New York, having an

         8       independent budget office.  California created

         9       the first nonpartisan legislative fiscal

        10       office in 1941.  Tennessee's Office of

        11       Legislative Budget Analysis is the nation's

        12       newest joint legislative fiscal.

        13                  There are years of documentation

        14       about why LBOs or IBOs work.  Again, 44 states

        15       have gone down that road.  And I am hoping

        16       very much that even if we don't agree

        17       completely on what the specific functions will

        18       be over the long term, that my colleagues in

        19       both houses are going to want to move this

        20       legislation and get us started.  Because in

        21       honesty, if other states have already gone

        22       down that road since the '40s, I think it's

        23       time for New York State to give a successful

        24       model a try.

        25                  And now I'd be happy to answer any



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         1       questions of Senator DeFrancisco.  Thank you.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator Carl Kruger.

         4                  SENATOR CARL KRUGER:    Thank you,

         5       Mr. President.

         6                  I guess, you know, confusion from

         7       time to time reigns.  And the short title of

         8       this is "creates the nonpartisan legislative

         9       budget office."  Quite frankly, first we have

        10       to recognize the fact that this is Albany,

        11       New York, and not Washington, D.C.  And this

        12       is the State Legislature and not the Congress.

        13       And we have a legislative budget office, and

        14       they call it the Senate Finance Committee in

        15       this house.  And the shared responsibilities

        16       are between the majority and my partner, the

        17       ranking member on the minority side.

        18                  I think that this would be an

        19       intrusion.  We already have a State

        20       Comptroller.  We have a mechanism and a

        21       methodology where we can examine the budget,

        22       where we can come to negotiated agreements.

        23       And quite frankly, I think that this takes us

        24       in the wrong direction.

        25                  Thank you.



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         1                  ACTING PRESIDENT CRAIG JOHNSON:

         2       Thank you, Senator Kruger.

         3                  Senator Fuschillo.

         4                  SENATOR FUSCHILLO:    Would the

         5       sponsor yield to a few questions,

         6       Mr. President.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       Senator Krueger, would you yield to Senator

         9       Fuschillo for some questions?

        10                  SENATOR LIZ KRUEGER:    Thank you.

        11       Certainly, Senator Fuschillo.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Fuschillo.

        14                  SENATOR FUSCHILLO:    Thank you,

        15       Senator Krueger.

        16                  In your memo you state that it's

        17       estimated the operating budget will be

        18       $2 million.  And is that money taken from the

        19       Senate Finance Committee and the Assembly Ways

        20       and Means?

        21                  SENATOR LIZ KRUEGER:    The

        22       estimate is $2 million, of which $1 million

        23       will come from each house.

        24                  There's an assumption, despite my

        25       colleague Senator Carl Kruger's concern, that



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         1       we would be doing away with the Finance

         2       Committees or the Finance staff.  That's

         3       absolutely not true.  But we would shift some

         4       of the money from each house into a

         5       legislative budget office.

         6                  Which would be doing, by the way, a

         7       significant percentage of the work that now is

         8       often duplicated in both houses because we

         9       have no model for this.

        10                  SENATOR FUSCHILLO:    What is the

        11       budget of the --

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Fuschillo, do you wish --

        14                  SENATOR FUSCHILLO:    Would the

        15       sponsor yield for another question?

        16                  ACTING PRESIDENT CRAIG JOHNSON:

        17       Senator Krueger, would you continue to yield

        18       for Senator Fuschillo?

        19                  SENATOR LIZ KRUEGER:    Yes, of

        20       course, Senator.

        21                  ACTING PRESIDENT CRAIG JOHNSON:

        22       Senator Fuschillo.

        23                  SENATOR FUSCHILLO:    So you're

        24       going to be reducing the Senate's Finance

        25       Committee's budget for staff, personnel,



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         1       administrative abilities by a million dollars.

         2       Would that result in laying off employees in

         3       the New York State Senate that are currently

         4       assigned to Senator Kruger's committee?

         5                  SENATOR LIZ KRUEGER:    To answer

         6       your question, it would be a million dollars

         7       from each house.  It wouldn't necessarily come

         8       from the current distribution of how either

         9       house, either side, distributes their money.

        10                  Again, I would argue that the

        11       legislative budget office providing both

        12       fiscal and to some degree legislative

        13       analysis, because so much of our legislation,

        14       the analysis that needs to be done is based on

        15       the financial cost of the legislation, that it

        16       would be a relatively minimal loss to any of

        17       us for a much greater gain.

        18                  SENATOR FUSCHILLO:    Would the

        19       sponsor continue to yield, Mr. President?

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Krueger, will you continue to yield?

        22                  SENATOR LIZ KRUEGER:    Certainly.

        23                  SENATOR FUSCHILLO:    Thank you,

        24       Senator.

        25                  In your memo you state that funding



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         1       for the legislative budget office will be

         2       redirected from the Senate Finance Committee

         3       and the Assembly Ways and Means.  So I'll ask

         4       again, are you going to be taking a million

         5       dollars out of the budget for the Senate

         6       Finance Committee?  Because your memo says you

         7       are.

         8                  SENATOR LIZ KRUEGER:    Again, I

         9       don't -- I would recognize that my memo may

        10       not be exactly parallel to the legislation.  I

        11       don't believe the legislation requires it come

        12       from the Finance budget specifically.  And I

        13       believe, as we know, those are a moving target

        14       as to how much money is put into any

        15       subsection of Senate staff in any given year.

        16                  SENATOR FUSCHILLO:    Thank you.

        17       Would the Senator continue to yield,

        18       Mr. President?

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Senator, do you continue to yield?

        21                  SENATOR LIZ KRUEGER:    Yes, of

        22       course, Mr. President.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Fuschillo.

        25                  SENATOR FUSCHILLO:    Thank you,



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         1       Senator.

         2                  In your -- I'll refer to the bill,

         3       not the memo anymore, because I think the memo

         4       is incorrect, based on your statements.  But

         5       it says here that "be charged with the duty of

         6       rendering anticipated revenue forecast reports

         7       to the Legislature and the Governor for the

         8       purpose of facilitating passage of the state

         9       budget in a timely manner."

        10                  SENATOR LIZ KRUEGER:    I'm sorry,

        11       I couldn't hear you, excuse me.  Could you

        12       repeat that, please?

        13                  SENATOR FUSCHILLO:    On page 2(c),

        14       in Section 1 -- or Section 77(c), it says here

        15       that they're going to render anticipated

        16       revenue forecasts on the Governor's budget.

        17                  SENATOR LIZ KRUEGER:    Yes.

        18                  SENATOR FUSCHILLO:    In a timely

        19       manner.  What exactly does that mean?  You

        20       don't set parameters that after the budget is

        21       produced by the Governor, within 30 days they

        22       have to report to the Legislature.  You just

        23       state -- you leave it wide open that there's a

        24       timely manner.

        25                  SENATOR LIZ KRUEGER:    We have



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         1       actual budget law that sets timeline for the

         2       revenue forecasting for the budget each year.

         3       So it would be that this responsibility would

         4       shift to the LBO.  It doesn't change the

         5       timelines that we have in existing law in

         6       New York State.

         7                  SENATOR FUSCHILLO:    Would the

         8       Senator continue to yield, Mr. President?

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Krueger, do you continue to yield?

        11                  SENATOR LIZ KRUEGER:    Certainly.

        12                  SENATOR FUSCHILLO:    Now, your

        13       title is laudable, "Nonpartisan Legislative

        14       Budget Office."  But I'm trying to think about

        15       what isn't duplicated already by what Senator

        16       Kruger said in the Senate Finance Committee,

        17       by the ranking member of the Finance Committee

        18       in the Republicans, and also in the Assembly

        19       on both sides.

        20                  A report is submitted -- now this

        21       is nonpartisan -- to the Temporary President,

        22       who's a Democrat right now, and the Speaker of

        23       the Assembly, who's a Democrat right now.  Why

        24       wouldn't your bill include the minority as

        25       well as in both houses, if it's truly



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         1       nonpartisan?

         2                  SENATOR LIZ KRUEGER:    That's a

         3       legitimate concern, I agree.  That was not my

         4       intent, to prevent that material from coming

         5       to either side, either party.

         6                  SENATOR FUSCHILLO:    Thank you

         7       very much, Senator.

         8                  SENATOR LIZ KRUEGER:    Thank you.

         9                  SENATOR FUSCHILLO:    Just on the

        10       bill, Mr. President.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Fuschillo, on the bill.

        13                  SENATOR FUSCHILLO:    Again, I'll

        14       state that the title "Nonpartisan Legislative

        15       Budget Office" is something that is laudable

        16       and sounds great, but I don't really see how a

        17       goal like that is attainable here.

        18                  And I don't know whether or not

        19       there is ample dollars to fund a $2 million

        20       another government bureaucratic operation here

        21       in the State of New York when people are

        22       calling for less government, they're calling

        23       for reducing the size of government, we're

        24       calling for a cap on state expenditures.  Yet

        25       we're creating another office that seems,



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         1       Mr. President, as a duplication of services.

         2                  Now, there's no statutory

         3       requirement that this legislative body has to

         4       do anything with the reports, whether it's in

         5       a timely manner or not.  And that's not even

         6       spelled out in the bill.  But it concerns me

         7       that it's really the party of power in a joint

         8       legislative body, Assembly and Senate, that's

         9       going to determine who heads up this, quote,

        10       unquote, nonpartisan legislative budget

        11       office.

        12                  Thank you very much, Mr. President.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Thank you, Senator Fuschillo.

        15                  Senator Krueger.

        16                  SENATOR LIZ KRUEGER:    Thank you

        17       so much.

        18                  My colleagues, based on the

        19       concerns raised by Senator Fuschillo about

        20       lack of detail in the draft of this bill, I

        21       would like to withdraw it for chapter

        22       amendments myself.  Thank you.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The bill will be laid aside for the day.

        25                  Senator Smith, that completes the



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         1       reading of the controversial supplemental

         2       active list.

         3                  SENATOR SMITH:    Yes, I have some

         4       motions, Mr. President.

         5                  ACTING PRESIDENT CRAIG JOHNSON:

         6       Returning to motions and resolutions.

         7                  Senator Smith.

         8                  SENATOR SMITH:    Yes.  On behalf

         9       of Senator Breslin, on page number 20 I offer

        10       the following amendments to Calendar Number

        11       490, Senate Print 6954B, and ask that said

        12       bill retain its place on Third Reading

        13       Calendar.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Amendments received.

        16                  Senator Smith.

        17                  SENATOR SMITH:    Yes, thank you

        18       very much, Mr. President.

        19                  On behalf of Senator Aubertine, I

        20       wish to call up his bill, Senate Print 6303,

        21       recalled from the Assembly, which is now at

        22       the desk.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       104, by Senator Aubertine, Senate Print 6303,

         2       an act to amend the Agriculture and Markets

         3       Law.

         4                  ACTING PRESIDENT CRAIG JOHNSON:

         5       Senator Smith.

         6                  SENATOR SMITH:    Yes,

         7       Mr. President.  I now move to reconsider the

         8       vote by which this bill was passed.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       The Secretary will call the roll on

        11       reconsideration.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Smith.

        16                  SENATOR SMITH:    Mr. President, I

        17       offer the following amendments.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Amendments received.

        20                  Senator Smith.

        21                  SENATOR SMITH:    Yes,

        22       Mr. President.  I ask that we will stand at

        23       ease for about 10 minutes.  I ask members to

        24       stay close to the chamber, as we will be

        25       starting back abruptly.



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         1                  And would you please recognize

         2       Senator Libous.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Senator Libous.

         5                  SENATOR LIBOUS:    During that

         6       10-minute at ease, if we could have a quick

         7       Republican conference, please.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       During the 10-minute period the Senate will

        10       stand at ease, the Republican conference will

        11       have a conference in the Republican Conference

        12       Room.

        13                  The Senate will stand at ease.

        14                  (Whereupon, the Senate stood at

        15       ease at 4:09 p.m.)

        16                  (Whereupon, the Senate reconvened

        17       at 5:09 p.m.)

        18                  ACTING PRESIDENT VALESKY:    The

        19       Senate will please come to order.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, if

        22       we can briefly return to motions and

        23       resolutions.

        24                  ACTING PRESIDENT VALESKY:

        25       Returning to motions and resolutions.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President, on

         3       behalf of Senator Squadron, I wish to call up

         4       Print Number 5283, recalled from the Assembly,

         5       which is now at the desk.

         6                  ACTING PRESIDENT VALESKY:    The

         7       Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       519, by Senator Squadron, Senate Print 5283,

        10       an act to amend the Tax Law.

        11                  ACTING PRESIDENT VALESKY:    Senat

        12       or Klein.

        13                  SENATOR KLEIN:    Mr. President, I

        14       now move to reconsider the vote by which this

        15       bill was passed.

        16                  ACTING PRESIDENT VALESKY:    The

        17       Secretary will call the roll on

        18       reconsideration.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT VALESKY:    Senat

        22       or Klein.

        23                  SENATOR KLEIN:    Mr. President, I

        24       offer the following amendments.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       amendments are received.

         2                  SENATOR KLEIN:    Mr. President, on

         3       behalf of Senator Squadron again, on page 24 I

         4       offer the following amendments to Calendar

         5       Number 622, Senate Print Number 5287C, and ask

         6       that said bill retain its place on Third

         7       Reading Calendar.

         8                  ACTING PRESIDENT VALESKY:    So

         9       ordered.

        10                  SENATOR KLEIN:    Mr. President, at

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

        12       supplemental active list.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will proceed with the reading of the

        15       supplemental active list.

        16                  THE SECRETARY:    Calendar Number

        17       675, by Senator Stavisky, Senate Print --

        18                  SENATOR KLEIN:    Lay the bill

        19       aside for the day, please.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside for the day.

        22                  THE SECRETARY:    Calendar Number

        23       691, by Senator Sampson --

        24                  SENATOR KLEIN:    Lay the bill

        25       aside for the day, please.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is laid aside for the day.

         3                  THE SECRETARY:    Calendar Number

         4       692, by Senator Sampson --

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       698, by Member of the Assembly Sayward,

        11       Assembly Print Number 9829, an act to

        12       authorize certain healthcare professionals.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect July 21, 2010.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       845, by Member of the Assembly Canestrari,

        25       Assembly Print Number 10137, an act to amend



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         1       Chapter 534 of the Laws of 1993.

         2                  ACTING PRESIDENT VALESKY:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT VALESKY:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 61.

        10                  ACTING PRESIDENT VALESKY:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       912, by Member of the Assembly Sweeney,

        14       Assembly Print Number 10025A, an act to

        15       authorize the Long Island Progressive

        16       Missionary Baptist Churches.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 60.  Nays,

        25       1.  Senator Bonacic to be recorded in the



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         1       negative.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  Senator Klein, that concludes the

         5       reading of the supplemental active list.

         6                  SENATOR KLEIN:    Mr. President, is

         7       there any further business at the desk?

         8                  ACTING PRESIDENT VALESKY:    The

         9       desk is clear.

        10                  SENATOR KLEIN:    Mr. President,

        11       there being no further business, I move we

        12       adjourn until, Friday, June 18th, at 10 a.m.

        13                  ACTING PRESIDENT VALESKY:    On

        14       motion, the Senate stands adjourned until

        15       Friday, June 18th, at 10:00 a.m.

        16                  (Whereupon, at 5:12 p.m., the

        17       Senate adjourned.)

        18

        19

        20

        21

        22

        23

        24

        25



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