Regular Session - March 18, 2013

                                                                   1072

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 18, 2013

11                     3:23 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1073

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

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT CARLUCCI:   In the 

10   absence of clergy, may we please bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT CARLUCCI:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Sunday, 

17   March 17th, the Senate met pursuant to 

18   adjournment.  The Journal of Saturday, 

19   March 16th, was read and approved.  On motion, 

20   Senate adjourned.

21                ACTING PRESIDENT CARLUCCI:    

22   Without objection, the Journal stands approved 

23   as read.  

24                Presentation of petitions.

25                Messages from the Assembly.


                                                               1074

 1                The Secretary will read.

 2                THE SECRETARY:   On page 11, 

 3   Senator Seward moves to discharge, from the 

 4   Committee on Insurance, Assembly Bill Number 

 5   5694 and substitute it for the identical Senate 

 6   Bill Number 3857, Third Reading Calendar 147.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   substitution is ordered.

 9                Messages from the Governor.

10                Reports of standing committees.

11                Reports of select committees.

12                Communications and reports from 

13   state officers.

14                Motions and resolutions.

15                Senator Libous.

16                SENATOR LIBOUS:   Thank you, 

17   Mr. President.  

18                On behalf of Senator Gallivan, on 

19   page 8 I offer the following amendments to 

20   Calendar Number 74, Senate Print 583, and ask 

21   that said bill retain its place on the 

22   Third Reading Calendar.

23                ACTING PRESIDENT CARLUCCI:   The 

24   amendments are received, and the bill will 

25   retain its place on the Third Reading Calendar.


                                                               1075

 1                Senator Libous.

 2                SENATOR LIBOUS:   Thank you, 

 3   Mr. President.

 4                At this time, Mr. President, with 

 5   unanimous consent, I'd like to recognize my 

 6   friend and colleague Senator LaValle to address 

 7   the body.

 8                ACTING PRESIDENT CARLUCCI:    

 9   Senator LaValle.

10                SENATOR LaVALLE:   Thank you, 

11   Senator Libous.

12                We have some very special guests 

13   today that I would like to introduce to this 

14   body:  A very prominent Italian who is the 

15   rettore of the University of Palermo, the 

16   president of the University of Palermo, 

17   Rettore Roberto Lagalla, and his wife, Maria 

18   Paola Ferro.  

19                Also we have Pasquale Assennato, 

20   who is a professor at the university.  And we 

21   have a dear friend that's with them who is also 

22   a professor at the University of Palermo, 

23   Professor Marcello Saija.  

24                And also, from Stony Brook, the 

25   director of the Center for Italian Studies -- 


                                                               1076

 1   and he has been here -- a very dear friend, 

 2   Professor Mario Mignone.  

 3                Rettore, your work in Sicily, in 

 4   Italy, the number of journals that you have 

 5   written in, the speeches on healthcare are well 

 6   known.  And this body recognizes you for your 

 7   work in healthcare and certainly being the 

 8   president of a very important university in 

 9   Italy, the University of Palermo.  

10                Congratulations on your good work, 

11   and I hope you have a good stay here in the 

12   United States.

13                (Applause.)

14                ACTING PRESIDENT CARLUCCI:   Thank 

15   you, Rettore.  Thank you, Senator LaValle.

16                Senator Libous.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.

19                I believe there is a previously 

20   adopted resolution by Senator Hassell-Thompson at 

21   the desk; I believe it is Number 836.  I ask that 

22   its title be read and call on the good Senator.

23                ACTING PRESIDENT CARLUCCI:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               1077

 1   Resolution Number 836, by Senator 

 2   Hassell-Thompson, commemorating the 50th 

 3   Anniversary of the United States Supreme Court's 

 4   decision Gideon v. Wainwright holding the 

 5   14th Amendment to the Constitution requires 

 6   states to provide counsel to indigent criminal 

 7   defendants.

 8                ACTING PRESIDENT CARLUCCI:   Senator 

 9   Hassell-Thompson.

10                SENATOR HASSELL-THOMPSON:   Thank 

11   you, Mr. President.

12                Fifty years ago on March 18, 1963, 

13   the Supreme Court unanimously ruled in Gideon v. 

14   Wainwright that criminal defendants have a 

15   constitutional right to a lawyer whether or not 

16   they can afford one.

17                Following this historic decision, a 

18   new trial was ordered.  And with a new lawyer 

19   appointed, Gideon was acquitted.  

20                Clarence Earl Gideon is an unlikely 

21   protagonist.  He was a poor white male from 

22   Missouri with a track record for petty thievery.  

23   He was first convicted of larceny at the age of 

24   18 and over the course of his life served prison 

25   sentences in four different states.  He's 


                                                               1078

 1   commonly referred to as a drifter because of his 

 2   tendency to jump from home to home and wife to 

 3   wife.  

 4                Say what you might about him as a 

 5   man, but it is undeniable that Gideon had 

 6   gumption.  After being convicted in 1961 of 

 7   felony theft, he stood in front of the Florida 

 8   State Court and, representing himself, refused to 

 9   plead guilty until the court appointed him a 

10   counsel.  Knowing nothing about the law, he 

11   nevertheless had an unwavering belief that the 

12   United States Constitution entitled him to a 

13   lawyer and to have representation before the 

14   court could throw him into jail.  

15                Technically, Gideon was wrong.  

16   Under the U.S. Supreme Court's case in Betts v. 

17   Brady, decided 20 years earlier, the court had 

18   ruled that no one has a universal right to 

19   counsel in a criminal state trial unless that 

20   denial could constitute a denial of fundamental 

21   fairness.  

22                But as Anthony Lewis wrote in his 

23   famous book, Gideon's Trumpet, Gideon's argument 

24   wasn't necessarily futile on the basis that it 

25   was wrong.  


                                                               1079

 1                As we have seen over the years under 

 2   different, more progressive leadership, the 

 3   United States Supreme Court would occasionally 

 4   change its mind.  And 50 years ago, that's 

 5   exactly what it did, by overturning Gideon's 

 6   conviction and unanimously holding that the 

 7   14th Amendment requires states to provide counsel 

 8   to defendants in criminal cases whether or not 

 9   they're able to afford an attorney.

10                The point of this case is simple.  

11   Everyone in our country deserves a fair trial 

12   before going to jail, no matter who they are or 

13   what they have done.  Our justice system needs to 

14   support the plight of poor people, not to 

15   contribute to it.  

16                It is a matter of common sense that 

17   the administration of law must be unbiased.  And 

18   in order to administer equal and nonprejudicial 

19   representation, every state needs to not only 

20   develop a public defender system but it needs to 

21   ensure that it creates laws and contributes 

22   financially to ensure that that system truly 

23   works.

24                This commemoration is bittersweet.  

25   While the right to counsel in criminal cases has 


                                                               1080

 1   been determined, the legal needs of many 

 2   defendants are still going unmet -- and therefore 

 3   the right often amounts to an empty one.  

 4                New York has no statewide system for 

 5   the provision of indigent defense but instead 

 6   relies on our counties to administer this kind of 

 7   indigent defense services.  As long as counties 

 8   have to bear the public defense mandate, they 

 9   must be economically funded to provide quality 

10   representation.  

11                In 2009 I was proud to lead the 

12   Senate Democratic majority in the creation of our 

13   Indigent Legal Services Board, which oversees the 

14   Office of Indigent Legal Services, the first of 

15   its kind to manage public defenders in the 

16   history of the State of New York.  However, we 

17   must ensure that these organizations are 

18   adequately funded, or I fear that our incremental 

19   advances in the area of public defense will be 

20   continuously thwarted.  

21                In 2009 historic legislation was 

22   passed by our joint legislative houses and signed 

23   under Governor Paterson to establish new caseload 

24   standards in the City of New York for public 

25   defenders.  However, to truly stabilize our 


                                                               1081

 1   justice system, we must expand the law 

 2   statewide.  Having the right to counsel means 

 3   absolutely nothing if the lawyer is unable to 

 4   give adequate representation because he or she is 

 5   ill-prepared due to an insufferably burdensome 

 6   caseload.  

 7                Therefore, it is absolutely 

 8   substantive interactive that we pass legislation 

 9   this week that restores funding to the Indigent 

10   Legal Services Office, and we must oppose the 

11   Executive's proposal to eliminate the $4 million 

12   appropriated for upstate case caps.  

13                Just two months ago the United 

14   States Supreme Court considered a case involving 

15   indigent defense.  The issue of Boyer v. 

16   Louisiana was whether a state's failure to fund 

17   counsel for an indigent defendant for five years 

18   should be weighed against the state for speedy 

19   trial purposes.  Louisiana disagreed and argued 

20   even if the majority of the delay in bringing the 

21   defendant to trial was caused by a funding 

22   crisis, that it should not count against the 

23   state.  

24                We do not need to wait for the 

25   Supreme Court's answer.  As a legislature, we can 


                                                               1082

 1   decide that New York State will accept 

 2   responsibility for its indigent defense 

 3   problems.  Today we must honor the dedication of 

 4   those legal aid societies, public defenders, 18B 

 5   lawyers and pro bono defense counsels who 

 6   zealously represent the poor.  At the same time, 

 7   we want to use this anniversary as an opportunity 

 8   for reflection and inspiration.  

 9                We have a responsibility as 

10   lawmakers to exercise our power for the 

11   betterment of our citizens in all aspects of 

12   their lives.  Having adequate representation at a 

13   criminal trial demonstrates a person's true 

14   freedom.  

15                I urge my colleagues to join me in 

16   supporting an aggressive campaign of indigent 

17   defense reform to ensure that we protect all 

18   citizens and their freedoms with the kind of 

19   unbridled gumption that drove Gideon's passion 

20   one half a century ago.

21                Thank you, Mr. President.

22                ACTING PRESIDENT CARLUCCI:   Thank 

23   you, Senator Hassell-Thompson.

24                Are there any other Senators wishing 

25   to be heard on the resolution?


                                                               1083

 1                This resolution was previously 

 2   adopted on March 14th.

 3                Senator Libous.

 4                SENATOR LIBOUS:   Yes, 

 5   Mr. President.  I believe at this time we're 

 6   going to take up the reading of the 

 7   noncontroversial calendar.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 55, 

11   by Senator Seward, Senate Print 3066, an act to 

12   amend the Insurance Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT CARLUCCI:   This 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 56, 

24   by Senator Seward, Senate Print 3539, an act to 

25   amend the Insurance Law.


                                                               1084

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   147, substituted earlier by Member of the 

13   Assembly Skoufis, Assembly Print Number 5694, an 

14   act to amend Chapter 630 of the Laws of 1988.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1085

 1   175, by Senator Golden, Senate Print 3754, an act 

 2   to amend the Public Housing Law.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                SENATOR MONTGOMERY:   Lay it aside.

 6                ACTING PRESIDENT CARLUCCI:   Lay the 

 7   bill aside.

 8                THE SECRETARY:   Calendar Number 

 9   176, by Senator Young, Senate Print 3843, an act 

10   to amend the Private Housing Finance Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                Senator Libous, that completes the 

22   noncontroversial reading of the calendar.

23                SENATOR LIBOUS:   Thank you, 

24   Mr. President.  

25                At this time could you ring the bell 


                                                               1086

 1   and bring the members to the chamber, and we'll 

 2   very shortly get into the controversial reading 

 3   of the calendar.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   Secretary will ring the bell.

 6                SENATOR LIBOUS:   Mr. President.

 7                ACTING PRESIDENT CARLUCCI:   Senator 

 8   Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Mr. President.  

11                Could we now have the reading of the 

12   controversial calendar, please.

13                ACTING PRESIDENT CARLUCCI:   The 

14   Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   175, by Senator Golden, Senate Print 3754, an act 

17   to amend the Public Housing Law.

18                ACTING PRESIDENT CARLUCCI:   Senator 

19   Montgomery.

20                SENATOR MONTGOMERY:   Thank you, 

21   Mr. President.  I would like to speak on this 

22   legislation.

23                ACTING PRESIDENT CARLUCCI:   Senator 

24   Montgomery on the bill.

25                SENATOR MONTGOMERY:   Yes.  This is 


                                                               1087

 1   a bill that Senator Golden is introducing, and it 

 2   would change the governing structure of the 

 3   New York City Housing Authority.  

 4                And I am opposed to this particular 

 5   version of the change in the structure of the 

 6   governing body for the following reasons.  This 

 7   bill creates a new governing board that would now 

 8   serve entirely at the mayor's pleasure.  This 

 9   indicates that Senator Golden would like to see 

10   the New York City Housing Authority become a 

11   mayoral agency.  However, it would not have the 

12   same accountability, as every other city agency 

13   does, to the scrutiny of the City Council and the 

14   public.

15                This bill also would allow the mayor 

16   to eliminate any and all of the members of the 

17   board without cause.  So he we could wake up one 

18   day and have a NYCHA board in place and the next 

19   day, based on the mayor's political or otherwise 

20   decisions or needs or pleasure, we would have a 

21   different board.

22                And so the whole idea of continuity 

23   and stability of this important agency, this 

24   important authority, which is depended on by 

25   hundreds of thousands of residents in the City of 


                                                               1088

 1   New York, it would totally be destabilized based 

 2   on one person's desire, decision, politically or 

 3   otherwise.

 4                The mayor, although, adds one 

 5   additional -- this bill would add one additional 

 6   resident to the NYCHA board.  That resident is 

 7   selected by the mayor.  In addition, the bill is 

 8   blind to any standard of competence for any of 

 9   the board members.  So we would not have the 

10   benefit of people who have expertise in different 

11   areas, i.e., finance, administration and 

12   management, housing policy, workforce 

13   development, and others.

14                So there is really no benefit that 

15   is added to the New York City Housing Authority 

16   by virtue of this legislation.  And so it is a 

17   very, very questionable way to be proposing to 

18   change such an important city authority without 

19   having a lot of public discussion, without having 

20   been engaged in some dialogue with people who 

21   depend on the housing authority, who work with 

22   the housing authority, and for whom the housing 

23   authority exists.  So I am certainly opposing 

24   this legislation.

25                And I want to say that we do have a 


                                                               1089

 1   bill that was introduced by Senator Bill Perkins 

 2   and myself which would in fact not only add one 

 3   additional tenant representative to the board, 

 4   but we would add five tenant representatives.  

 5   And we would also increase the board, the voting 

 6   board, to six members who would represent areas 

 7   of expertise; i.e., housing, finance, workforce 

 8   development, management, administration, housing 

 9   policy, health and human services and community 

10   development.

11                We think that it is time that we 

12   need to revisit the New York City Housing 

13   Authority board, but we do not believe that this 

14   bill that Senator Golden has introduced does that 

15   at all.  The only thing that it actually does is 

16   creates a housing authority that is entirely 

17   controlled by the mayor of the City of New York 

18   and without any accountability to any other city 

19   agency or the public or taxpayers.

20                So I am opposing this, and I invite 

21   my colleagues to also join me in voting no on 

22   this legislation.

23                Thank you, Mr. President.

24                ACTING PRESIDENT CARLUCCI:   Thank 

25   you, Senator Montgomery.


                                                               1090

 1                Are there other Senators wishing to 

 2   be heard on the bill?

 3                Senator Krueger.

 4                SENATOR KRUEGER:   Thank you.  On 

 5   the bill.

 6                I stand to share my colleague's 

 7   concerns with this bill and to express my reasons 

 8   for why I'll be voting no.  

 9                As my colleague already so 

10   articulately explained, we need to do something 

11   about the governance in NYCHA.  I think any of us 

12   who are from New York City can tell our own 

13   stories about frustrations we have had, and lack 

14   of response.

15                But if you're going to change the 

16   governance of a public authority, you need to 

17   think through what's broken and what needs to be 

18   fixed.  For me, one of the huge issues is that 

19   there is no transparency in their budget.  They 

20   don't report to anyone on their revenues, on 

21   their expenditures, on their capital reserves, as 

22   we've learned recently on where they are in their 

23   capital plans because they received quite a bit 

24   of federal money to do preservation, expansion.  

25   There are concerns about their leasing off 


                                                               1091

 1   properties they own for private development.  

 2   There's endless questions, but no information 

 3   coming.  

 4                So it seems obvious to me that at 

 5   this point in history, governance improvements 

 6   for the New York City Housing Authority would 

 7   require full disclosure, as this Legislature has 

 8   done with its public authority reform bills for 

 9   state public authorities.  

10                Now, granted, NYCHA is a city 

11   authority, but apparently they need to come to us 

12   for a change in governance.  So it seems obvious 

13   to me this house wants to make sure that that 

14   governance change includes real reforms in the 

15   information flow in authorities.

16                Second, as my colleague pointed out, 

17   while I can accept a change in how board members 

18   are picked and how many they are and whether 

19   they're paid or on a per diem, I don't accept the 

20   concept that we would have no standards for the 

21   qualifications of who they are or need to be.  

22   And I'm very concerned about a model where simply 

23   at the decision of the mayor they could be 

24   removed without cause at any moment in time.  

25                Unfortunately, we in the City of 


                                                               1092

 1   New York have seen a pattern where a -- I'm 

 2   sorry, Mr. President I'm having a little trouble 

 3   hearing myself.

 4                ACTING PRESIDENT CARLUCCI:   Please 

 5   keep conversations to a minimum while Senator 

 6   Krueger has the floor.

 7                Continue, Senator Krueger.  

 8                SENATOR KRUEGER:   Thank you.  I 

 9   don't know if anyone else wanted to hear me, but 

10   I wanted to hear myself.  Thank you.  Don't 

11   answer.

12                (Laughter.)

13                SENATOR KRUEGER:   Thank you, 

14   Mr. President.

15                The concern that if you remove a 

16   board member or members without cause at any 

17   moment, that you actually can simply, as whoever 

18   the mayor is in New York City, be saying "I know 

19   these board members don't agree with me on this, 

20   I'm going to fire them all and replace them on a 

21   minute's notice."  That's bad governance.  It's a 

22   bad model of governance.  And so I don't accept 

23   that it's a reform to move forward by 

24   establishing that model.  

25                I also, frankly, have spoken to 


                                                               1093

 1   people who are involved in a coalition trying to 

 2   make improvements in the New York City Housing 

 3   Authority, and they support having tenant members 

 4   of the board, as I support having tenant 

 5   members.  But they also say they have an entire 

 6   leadership model throughout the different 

 7   authority projects and that they would like to 

 8   recommend their tenant leaders for the board, not 

 9   being exclusively who the mayor decides ought to 

10   believe the tenant members of the board.  And I 

11   think that they need to play a role.

12                I have also been discussing the fact 

13   that the City Council of the City of New York, 

14   who have a very personal relationship with NYCHA 

15   because it is a city housing authority and they 

16   are the city legislature, that the New York City 

17   Council should at least have some role in advice 

18   and consent to who board members are, and that 

19   critically they need that same information about 

20   revenue, expenditures, capital plans as we in the 

21   State Legislature do.

22                So I strongly believe we need a 

23   governance bill for NYCHA.  And I think we could 

24   get one this year, but I don't believe this 

25   should be the governance bill we pass.  And I'll 


                                                               1094

 1   be voting no, Mr. President.

 2                Thank you.

 3                ACTING PRESIDENT CARLUCCI:   Thank 

 4   you, Senator Krueger.

 5                Are there other Senators wishing to 

 6   be heard on the bill?

 7                The Secretary will ring the bell.  

 8                Read the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 30th day.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:   Senator 

15   Squadron.

16                SENATOR SQUADRON:   Thank you, 

17   Mr. President.  To explain my vote.

18                Look, there's no question that NYCHA 

19   needs to be reformed, goodness knows.  The 

20   problem is this isn't the way to do it, it's not 

21   the process by which we should be doing it.  We 

22   need to have an extensive conversation on this.  

23   And also, I got to tell you, to change the 

24   structure without increasing the transparency, 

25   without knowing more about what's happening, 


                                                               1095

 1   without giving the City Council better oversight, 

 2   seems to be a solution that gets nowhere near 

 3   solving the problem.  

 4                So I thank Senator Golden for his 

 5   commitment to NYCHA and to reforming it; it's 

 6   very important.  Unfortunately, I wish we were 

 7   doing it in the right way.  I vote no, 

 8   Mr. President.

 9                ACTING PRESIDENT CARLUCCI:   Thank 

10   you, Senator Squadron.

11                Are there other Senators wishing to 

12   explain their vote?  

13                Senator Golden.

14                SENATOR GOLDEN:   Thank you, 

15   Mr. President.  

16                I can understand my colleagues on 

17   the other side of the aisle looking for a better 

18   bill.  This is a good bill, and especially when 

19   you take a look at what's been going on over the 

20   last many years.  

21                When you take a look at the number 

22   of building complaints, building repairs as of 

23   August were 338,000.  There is currently, since 

24   August, an increase of 84,000.  There were 

25   422,000 repair complaints at NYCHA.  Think about 


                                                               1096

 1   that.  

 2                Think about the pay that the members 

 3   that were there before were getting.  The 

 4   chairman gets $212,000 and the members get 

 5   $186,000 each, for incompetence and for failure.  

 6                This new bill will allow it to go to 

 7   five members and to increase the ability for the 

 8   tenants to have a voice on that board, and will 

 9   also give the ability to get the commitment of 

10   the mayor and the chairman and that board to get 

11   those 400,000-plus units repaired in a timely 

12   fashion over the course of this year.

13                So although I know my colleagues are 

14   looking for a better bill, this is a bill that 

15   will work.  It is a bill that I believe is 

16   something that is long due, and I believe it's a 

17   bill that will get those repairs done by the end 

18   of this year, and that's very, very important.  

19                So I vote aye.  Thank you.

20                ACTING PRESIDENT CARLUCCI:   Thank 

21   you, Senator Golden.

22                The Secretary will announce the 

23   results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 175, those recorded in the 


                                                               1097

 1   negative are Senators Adams, Addabbo, Avella, 

 2   Ball, Breslin, Diaz, Dilan, Gianaris, Gipson, 

 3   Hassell-Thompson, Hoylman, Kennedy, Krueger, 

 4   Latimer, Montgomery, O'Brien, Peralta, Perkins, 

 5   Rivera, Sampson, Sanders, Serrano, Squadron, 

 6   Stavisky, Stewart-Cousins and Tkaczyk.  

 7                Ayes, 36.  Nays, 26.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                Senator Libous, this completes the 

11   controversial reading of the calendar.

12                SENATOR LIBOUS:   Thank you, 

13   Mr. President.  

14                Is there any further business at the 

15   desk?  

16                ACTING PRESIDENT CARLUCCI:   There 

17   is no further business at the desk.

18                SENATOR LIBOUS:   There being no 

19   further business, Mr. President, I move that we 

20   adjourn until Tuesday, March 19th, at 3:00 p.m.

21                ACTING PRESIDENT CARLUCCI:   On 

22   motion, the Senate stands adjourned until 

23   Tuesday, March 19th, at 3:00 p.m.

24                (Whereupon, at 3:53 p.m., the Senate 

25   adjourned.)