Regular Session - January 23, 2006

                                                            290



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 23, 2006

        11                       3:05 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25


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

         2                  THE PRESIDENT:    The Senate will

         3       please 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                  THE PRESIDENT:    In the absence of

        10       clergy, may we bow our heads in a moment of

        11       silence, please.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Reading of the

        15       Journal.

        16                  THE SECRETARY:    In Senate,

        17       Sunday, January 22, the Senate met pursuant to

        18       adjournment.  The Journal of Saturday,

        19       January 21, was read and approved.  On motion,

        20       Senate adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.


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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Fuschillo.

         8                  SENATOR FUSCHILLO:    Madam

         9       President, on behalf of Senator Nozzolio, on

        10       page number 9 I offer the following amendments

        11       to Calendar Number 24, Senate Print Number

        12       1323B, and ask that said bill retain its place

        13       on Third Reading Calendar.

        14                  THE PRESIDENT:    The amendments

        15       are received, and the bill will retain its

        16       place on the Third Reading Calendar.

        17                  Senator Skelos.

        18                  SENATOR SKELOS:    Madam President,

        19       there will be an immediate meeting of the

        20       Finance Committee in the Majority Conference

        21       Room.

        22                  THE PRESIDENT:    There will be an

        23       immediate meeting of the Finance Committee in

        24       the Majority Conference Room.

        25                  SENATOR SKELOS:    Madam President,


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         1       if we could take up Resolution 3283, by

         2       Senator Schneiderman, and have it read in its

         3       entirety.

         4                  THE PRESIDENT:    The Secretary

         5       will read.

         6                  THE SECRETARY:    By Senator

         7       Schneiderman, Legislative Resolution 3283,

         8       memorializing Governor George E. Pataki to

         9       proclaim January 26, 2006, as Juan Pablo

        10       Duarte Day in the State of New York.

        11                  "WHEREAS, The people of the

        12       Dominican Republic acquired autonomy and

        13       sovereignty on the 27th day of February, 1844;

        14       and

        15                  "WHEREAS, The Island of Quisqueya,

        16       the indigenous name for what later became the

        17       island of Hispaniola, was the cradle of

        18       thinking and advancement in the western

        19       hemisphere, establishing the first university

        20       and cathedral of the new world; and

        21                  "WHEREAS, On the 26th day of

        22       January, 1813, Juan Pablo Duarte, the founding

        23       father of the Dominican Republic, was born;

        24       and

        25                  "WHEREAS, During the month of


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         1       January of 2006, Dominicans celebrate the

         2       121st Anniversary of Juan Pablo Duarte's

         3       birth; and

         4                  "WHEREAS, Juan Pablo Duarte, along

         5       with Francisco Del Rosario Sanchez and Ramon

         6       Matias Mella, formed La Trinitaria, a secret

         7       organization that initiated the movement for

         8       the independence of the Dominican Republic;

         9       and

        10                  "WHEREAS, During the month of

        11       February of 2006, Dominican nationals and

        12       Dominican Americans from throughout the

        13       Dominican Republic and the United States will

        14       celebrate the independence of the Dominican

        15       Republic; and

        16                  "WHEREAS, Since the 27th day of

        17       February, 1966, the Instituto Duartiano Inc.

        18       in New York City has promoted the memory and

        19       accomplishments of Juan Pablo Duarte; and

        20                  "WHEREAS, The Instituto Duartiano

        21       is an organization that is dedicated to

        22       maintaining and keeping alive the life and

        23       history of Juan Pablo Duarte, the liberator

        24       and founder of the Dominican Republic; now,

        25       therefore, be it


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         1                  "RESOLVED, That this Legislative

         2       Body pause in its deliberations to memorialize

         3       Governor George E. Pataki to proclaim

         4       January 26, 2006, as Juan Pablo Duarte Day in

         5       the State of New York.  In recognition of this

         6       auspicious occasion, the members of the

         7       Instituto Duartiano will visit Albany,

         8       New York, on Monday, January 23, 2006; and be

         9       it further

        10                  "RESOLVED, That copies of this

        11       resolution, suitably engrossed, be transmitted

        12       to The Honorable George E. Pataki, Governor of

        13       the State of New York, and The Honorable Jose

        14       Fernandez, Consul General of the Dominican

        15       Republic."

        16                  THE PRESIDENT:    Senator

        17       Schneiderman.

        18                  SENATOR SCHNEIDERMAN:    Thank you,

        19       Madam President.  Briefly on the resolution.

        20                  THE PRESIDENT:    You may proceed.

        21                  SENATOR SCHNEIDERMAN:    We are

        22       honored to demonstrate that this resolution is

        23       accurate in every respect, and that in fact we

        24       have members of the Instituto Duartiano here

        25       with us today, including the consul of the


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         1       Dominican Republic, general consul to our

         2       mission here.

         3                  And we are honored -- and I think

         4       everyone here who is a student of the history

         5       and the great history of the United States and

         6       the struggles for freedom here really would be

         7       well advised to learn something of the

         8       wonderful history of the Dominican Republic

         9       and the struggle for freedom.

        10                  Juan Pablo Duarte is the father of

        11       Dominican independence.  He is an

        12       extraordinary figure.  And the country that

        13       many of us have visited, many of us know and

        14       love, has a tradition of democracy really

        15       unparalleled.  The participation -- if

        16       Americans voted the way Dominicans vote, we

        17       would have a much better government than we

        18       have now.  And I say that with all respect to

        19       everyone here involved in the government of

        20       our fine state and our great country.

        21                  But this is a great day for the

        22       Dominican people and for all of us who have

        23       the honor to represent Dominican communities,

        24       or [in Spanish].  But I join with all of my

        25       colleagues here in celebrating this.


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         1                  Bienvenidos a Albany a todo mis

         2       amigos los Duartianos y el Consul Fernandez.

         3                  Hoy celebramos el Inicio de la

         4       Herencia Dominicana en el estudo de

         5       Nueva York.  Felicidades!

         6                  One hundred twenty-one years since

         7       the birth of Juan Pablo Duarte; a great deal

         8       to celebrate.  Thank you, and we're honored to

         9       have these guests here join us today.

        10                  Thank you very much.

        11                  (Applause.)

        12                  THE PRESIDENT:    All those in

        13       favor of the resolution please signify by

        14       saying aye.

        15                  (Response of "Aye.")

        16                  THE PRESIDENT:    Opposed, nay.

        17                  (No response.)

        18                  THE PRESIDENT:    The resolution is

        19       passed.

        20                  And thank you so much for giving us

        21       the privilege of your presence today.

        22                  Senator Fuschillo.

        23                  SENATOR FUSCHILLO:    Thank you,

        24       Madam President.  Senator Schneiderman would

        25       like to open that resolution up for


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         1       sponsorship.

         2                  THE PRESIDENT:    Any member who

         3       does not wish to be a cosponsor of the last

         4       resolution, please notify the desk.

         5                  Senator Fuschillo.

         6                  SENATOR FUSCHILLO:    Madam

         7       President, may we return to motions and

         8       resolutions.

         9                  THE PRESIDENT:    Motions and

        10       resolutions.

        11                  Senator Fuschillo.

        12                  SENATOR FUSCHILLO:    On behalf of

        13       Senator Trunzo, I move that the following bill

        14       be discharged from its respective committee

        15       and be recommitted with instructions to strike

        16       the enacting clause:  Senate Print Number

        17       6217.

        18                  THE PRESIDENT:    So ordered,

        19       Senator.

        20                  SENATOR FUSCHILLO:    Thank you.

        21                  THE PRESIDENT:    Senator

        22       Fuschillo.

        23                  SENATOR FUSCHILLO:    May we please

        24       have the reading of the noncontroversial

        25       calendar.


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         1                  THE PRESIDENT:    The Secretary

         2       will read.

         3                  THE SECRETARY:    Calendar Number

         4       11, by Senator Marcellino, Senate Print 2852,

         5       an act to amend the Criminal Procedure Law.

         6                  SENATOR SCHNEIDERMAN:    Lay it

         7       aside.

         8                  THE PRESIDENT:    The bill is laid

         9       aside.

        10                  THE SECRETARY:    Calendar Number

        11       31, by Senator Morahan, Senate Print 5559, an

        12       act to amend the Mental Hygiene Law.

        13                  THE PRESIDENT:    Read the last

        14       section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect immediately.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 44.

        20                  THE PRESIDENT:    The bill is

        21       passed.

        22                  Senator Fuschillo, that completes

        23       the noncontroversial reading of the calendar.

        24                  Senator Little.

        25                  SENATOR LITTLE:    Thank you, Madam


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         1       President.  Before we proceed, if the

         2       Secretary would ring the bells so that members

         3       will be aware that we are going forward with

         4       the controversial reading of the calendar.

         5                  THE PRESIDENT:    The Secretary

         6       will ring the bell.

         7                  The members should return to their

         8       seats so we can begin the controversial

         9       calendar.

        10                  Senator Little.

        11                  SENATOR LITTLE:    Thank you, Madam

        12       President.  May we return to reports of

        13       standing committees.  I believe there is a

        14       report of the Finance Committee at the desk.

        15                  THE PRESIDENT:    Reports of

        16       standing committees.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Senator Johnson,

        19       from the Committee on Finance, reports the

        20       following bills:

        21                  Senate Print 6462A, Senate Budget

        22       Bill, an act to amend Chapters 50, 53, 54, and

        23       55 of the Laws of 2005;

        24                  And Senate Print 6464, Senate

        25       Budget Bill, an act to amend Chapter 53 of the


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         1       Laws of 2005.

         2                  Both bills ordered direct to third

         3       reading.

         4                  THE PRESIDENT:    Both bills

         5       ordered direct to third reading.

         6                  Senator Schneiderman.

         7                  SENATOR SCHNEIDERMAN:    Madam

         8       President, according to the Senate Rules,

         9       bills from Finance are to be reported, unless

        10       there's unanimous consent, to first reading.

        11                  So pursuant to the rules, I would

        12       request that those bills be reported to first

        13       reading and, if they're to move forward, to go

        14       to the Rules Committee in accordance with our

        15       ordinary process.

        16                  THE PRESIDENT:    Senator Little.

        17                  SENATOR LITTLE:    Thank you, Madam

        18       President.  Will you please reference those

        19       bills to the Rules Committee.

        20                  And there will be an immediate

        21       meeting of the Rules Committee in the Majority

        22       Conference Room.

        23                  THE PRESIDENT:    The bills are not

        24       ordered direct to third reading, they are now

        25       committed to the Rules Committee.


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         1                  And there will be an immediate

         2       meeting of the Rules Committee now.

         3                  SENATOR LITTLE:    Thank you.

         4                  THE PRESIDENT:    Thank you,

         5       Senator.

         6                  Senator Little.

         7                  SENATOR LITTLE:    Thank you.

         8                  The Senate stands at ease pending

         9       the return of the Rules Committee.

        10                  THE PRESIDENT:    The Senate stands

        11       at ease.

        12                  (Whereupon, the Senate stood at

        13       ease at 3:23 p.m.)

        14                  (Whereupon, the Senate reconvened

        15       at 3:31 p.m.)

        16                  ACTING PRESIDENT WINNER:    Senator

        17       Little.

        18                  SENATOR LITTLE:    Thank you,

        19       Mr. President.  May we please return to

        20       reports of standing committees for a report of

        21       the Rules Committee.

        22                  ACTING PRESIDENT WINNER:    Reports

        23       of standing committees.

        24                  The Secretary will read.

        25                  THE SECRETARY:    Senator Bruno,


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         1       from the Committee on Rules, reports the

         2       following bills:

         3                  Senate Print 6464, Senate Budget

         4       Bill, an act to amend Chapter 53 of the Laws

         5       of 2005;

         6                  And Senate Print 6462A, Senate

         7       Budget Bill, an act to amend Chapters 50, 53,

         8       54 and 55 of the Laws of 2005.

         9                  Both bills ordered direct to third

        10       reading.

        11                  SENATOR LITTLE:    Move to accept

        12       the report of the Rules Committee.

        13                  ACTING PRESIDENT WINNER:    All in

        14       favor of accepting the report of the Rules

        15       Committee signify by saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT WINNER:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT WINNER:    The

        21       report is accepted.

        22                  SENATOR LITTLE:    Thank you,

        23       Mr. President.  May we please take up Calendar

        24       Number 11 at this time.

        25                  ACTING PRESIDENT WINNER:    The


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         1       Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       11, by Senator Marcellino, Senate Print 2852,

         4       an act to amend the Criminal Procedure Law.

         5                  SENATOR SCHNEIDERMAN:

         6       Explanation.

         7                  ACTING PRESIDENT WINNER:    Senator

         8       Marcellino, an explanation has been requested.

         9                  SENATOR MARCELLINO:    Thank you,

        10       Mr. President.

        11                  DNA technology has progressed to

        12       the point where the admissibility of properly

        13       collected and analyzed data should not be in

        14       doubt.  This bill seeks to ensure that such

        15       admissible evidence will be admitted and

        16       considered during a trial.

        17                  ACTING PRESIDENT WINNER:    Senator

        18       Klein.

        19                  SENATOR KLEIN:    Mr. President, I

        20       believe there's an amendment at the desk.  I

        21       ask that the reading of the amendment be

        22       waived.  I would like to be heard on the said

        23       amendment.

        24                  ACTING PRESIDENT WINNER:    The

        25       reading is waived.  The Senator will be heard


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         1       on the amendment.

         2                  SENATOR KLEIN:    Thank you,

         3       Mr. President.

         4                  I want to commend Senator

         5       Marcellino on his legislation.  I think it's

         6       going to go a long way towards prosecuting all

         7       types of crimes.

         8                  My amendment, however, I think

         9       would make this legislation that much

        10       stronger, because my amendment would get rid

        11       of or eliminate the five-year statutory

        12       limitation on rape.  As everyone here knows,

        13       we're one of the few states that still has an

        14       antiquated law on our books which has a

        15       five-year statutory limitation on rape.

        16                  We all know, with the advent of DNA

        17       evidence, we can prosecute these crimes

        18       effectively more than five years -- even 10,

        19       15, even 20 years into the future.  Yet every

        20       year and every month more and more rapists are

        21       really getting a get-out-of-jail-free card

        22       because they can't be prosecuted for their

        23       heinous crime.

        24                  My legislation is different than

        25       some of the legislation that's been out there,


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         1       where my amendment will eliminate the

         2       five-year statutory limitation altogether,

         3       even if there's not DNA evidence.  The reason

         4       for that is while DNA evidence is certainly

         5       important, tangible evidence that could be

         6       used years into the future to prosecute a rape

         7       crime, there's other types of physical

         8       evidence, I believe, that would withstand the

         9       test of time.

        10                  In many cases, unfortunately,

        11       serial rapists take trophies from their

        12       victims -- jewelry, things of that nature.

        13       Videotapes is another article that would

        14       withstand the test of time and could be used

        15       beyond the five-year statutory limitation.

        16                  I actually held a press conference

        17       on this with one of my colleagues, Diane

        18       Savino, and I always remember that there was

        19       one woman who was the New York City chapter

        20       president of NOW, National Organization of

        21       Women, who supports this legislation, who was

        22       a Queens prosecutor.  She prosecuted a case or

        23       attempted to prosecute a case where she

        24       actually had evidence in the form of a

        25       videotape from an ATM machine identifying


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         1       positively the rapist.  Yet it was over the

         2       five-year statutory limitation, so she was

         3       unable to prosecute the case.

         4                  So that's why I think we need to

         5       just get rid of the five-year statute,

         6       regardless of whether or not there's only DNA

         7       evidence.

         8                  I conducted a survey --

         9                  ACTING PRESIDENT WINNER:    Senator

        10       Marcellino, why do you rise?

        11                  SENATOR MARCELLINO:    Mr.

        12       President, I'd like to lay the bill aside.

        13       Lay the bill aside.

        14                  ACTING PRESIDENT WINNER:    The

        15       bill is laid aside.

        16                  Senator Little.

        17                  SENATOR LITTLE:    Thank you,

        18       Mr. President.  Could we have the

        19       noncontroversial reading of the Rules report.

        20                  ACTING PRESIDENT WINNER:    The

        21       Secretary will read.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 81, Senator Johnson, from the

        24       Committee on Finance, moves to discharge

        25       Assembly Bill Number 9564 and substitute it


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         1       for the identical Senate Bill Number 6464,

         2       Third Reading Calendar 81.

         3                  ACTING PRESIDENT WINNER:

         4       Substitution ordered.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       81, Assembly Budget Bill, Assembly Print

         8       Number 9564, an act to amend Chapter 53 of the

         9       Laws of 2005.

        10                  ACTING PRESIDENT WINNER:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT WINNER:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 59.

        18                  ACTING PRESIDENT WINNER:    The

        19       bill is passed.

        20                  Senator Little.

        21                  SENATOR LITTLE:    Thank you,

        22       Mr. President.  May we continue in regular

        23       order.

        24                  ACTING PRESIDENT WINNER:    The

        25       Secretary will read.


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         1                  THE SECRETARY:    In relation to

         2       Calendar Number 82, Senator Johnson moves to

         3       discharge, from the Committee on Finance,

         4       Assembly Bill Number 9562A and substitute it

         5       for the identical Senate Bill Number 6462A,

         6       Third Reading Calendar 82.

         7                  ACTING PRESIDENT WINNER:

         8       Substitution ordered.

         9                  The Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       82, Assembly Budget Bill, Assembly Print

        12       Number 9562A, an act to amend Chapters 50, 53,

        13       54 and 55 of the Laws of 2005.

        14                  ACTING PRESIDENT WINNER:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall --

        18                  SENATOR SCHNEIDERMAN:    Lay it

        19       aside.

        20                  ACTING PRESIDENT WINNER:    The

        21       bill is laid aside.

        22                  That concludes the reading of the

        23       Rules report.

        24                  SENATOR LITTLE:    Thank you,

        25       Mr. President.  May we have the controversial


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         1       reading of the Rules report.

         2                  ACTING PRESIDENT WINNER:    The

         3       Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       82, substituted earlier, Assembly Budget Bill,

         6       Assembly Print Number 9562A, an act to amend

         7       Chapters 50, 53, 54 and 55 of the Laws of

         8       2005.

         9                  SENATOR SCHNEIDERMAN:

        10       Explanation.

        11                  ACTING PRESIDENT WINNER:    Senator

        12       Johnson, an explanation has been requested.

        13                  SENATOR JOHNSON:    Mr. President,

        14       this bill is the Governor's supplemental

        15       appropriations bill which he presented to us

        16       along with the budget.  It includes

        17       $1.3 billion in all-funds appropriation, of

        18       which $809 million is for General Fund

        19       appropriations.  This includes $50 million in

        20       heat funding, $245 million to make payments

        21       earlier than originally scheduled to the MTA

        22       for transit operation aid, and $606 million in

        23       funding for Medicaid.

        24                  ACTING PRESIDENT WINNER:    Senator

        25       Valesky.


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         1                  SENATOR VALESKY:    Mr. President,

         2       I believe there's an amendment at the desk.  I

         3       ask that the reading of the amendment to be

         4       waived and to be heard on that amendment.

         5                  ACTING PRESIDENT WINNER:    The

         6       reading is waived, and you may be heard on the

         7       amendment, Senator Valesky.

         8                  SENATOR VALESKY:    Mr. President,

         9       the bill that we have just approved in this

        10       house unanimously appropriates an additional

        11       $50 million to the Low-Income Home Energy

        12       Assistance Program, which will assist

        13       low-income New Yorkers in paying their home

        14       heating bills this year.

        15                  This particular piece of

        16       legislation and this amendment seeks to

        17       address another energy issue that we have in

        18       this state, and that is the higher-than-

        19       anticipated energy costs that school districts

        20       are facing in the 2005-2006 academic year.  In

        21       fact, the Comptroller of the State of New York

        22       has reported that school districts will spend

        23       $200 million more this year on energy costs

        24       than they did last year.

        25                  And so this amendment creates a


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         1       $100 million two-year grant program for school

         2       districts across the State of New York to

         3       apply to receive resources to help pay the

         4       higher-than-anticipated energy costs.

         5                  The factors that would be used to

         6       determine availability for school districts,

         7       through the Commissioner of Education, would

         8       be the district's ability to absorb the

         9       increased costs, the impact that energy costs

        10       are having and are projected to have on both

        11       academic programs and on school property-tax

        12       bills in the next academic year, and also it's

        13       intended to reward those school districts who

        14       have undertaken conservation measures and

        15       other steps to reduce their energy costs.

        16                  I would encourage my colleagues

        17       today to support this amendment.  Thank you

        18       very much, Mr. President.

        19                  ACTING PRESIDENT WINNER:    Those

        20       Senators in agreement with the amendment

        21       please signify by raising your hands.

        22                  The Secretary will announce the

        23       results.

        24                  THE SECRETARY:    Those recorded in

        25       agreement are Senators Andrews, Breslin,


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         1       Connor, Diaz, Dilan, Duane, Gonzalez,

         2       Hassell-Thompson, Klein, L. Krueger,

         3       C. Kruger, Montgomery, Onorato, Oppenheimer,

         4       Parker, Paterson, Sabini, Sampson, Savino,

         5       Schneiderman, Serrano, A. Smith, M. Smith,

         6       Stachowski, Stavisky, and Valesky.

         7                  ACTING PRESIDENT WINNER:    The

         8       amendment is not agreed to.

         9                  Any other Senator wishing to be

        10       heard?

        11                  Debate is closed.

        12                  The Secretary will ring the bell.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT WINNER:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT WINNER:    Senator

        20       Wright, to explain his vote.

        21                  SENATOR WRIGHT:    Thank you,

        22       Mr. President.

        23                  I'm voting in favor of this

        24       deficiency budget and want to commend the

        25       Governor for the inclusion of an additional


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         1       $50 million to the home energy assistance

         2       program.

         3                  It wasn't but three months ago that

         4       we were back here last September voting on a

         5       bill that Senator Spano had advanced called

         6       the Senior Heat Program and clearly went on

         7       record in terms of our commitment and

         8       willingness to ensure that the elderly

         9       population had additional funding and

        10       assistance.

        11                  So I'm very glad to see this

        12       appropriation, look forward to the next bill

        13       and support for that with a further

        14       appropriation of $50 million.

        15                  Let me also add that relative to

        16       our school districts, I don't think there's

        17       anyone that isn't concerned about the costs

        18       that school districts are facing, that

        19       colleges are facing, that hospitals are

        20       facing.  There are numerous institutions that

        21       are facing increased energy costs.

        22                  I think those are the kind of

        23       issues we should be looking at in the budget,

        24       and particularly in light of school district

        25       aid being a reimbursable aid, after the fact


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         1       could be well addressed in this year's budget.

         2                  I'm voting aye.  Thank you,

         3       Mr. President.

         4                  ACTING PRESIDENT WINNER:    Senator

         5       Wright will be recorded in the affirmative.

         6                  Senator Golden, to explain his

         7       vote.

         8                  SENATOR GOLDEN:    Thank you,

         9       Mr. President.

        10                  I too will be voting yes on this

        11       bill.  It's an important bill, and the

        12       Governor has put in another $50 million to

        13       make it $100 million going to those who need

        14       assistance across the city and state of

        15       New York.

        16                  This money will be going to the

        17       Office of Temporary and Disability Assistance,

        18       who will make the decisions on how that money

        19       will be distributed.  But it's important that

        20       our families receive this refund and these

        21       dollars because of the amount of money that it

        22       costs today per gallon of heating oil.

        23                  New York, statewide, today we're

        24       paying about $2.56 or $2.57 per gallon, versus

        25       $1.65 a year ago, a 24 percent increase and a


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         1       60 percent increase over the last two years.

         2                  About 805,000 households took the

         3       opportunity to get that assistance this past

         4       year.  There were 2.5 million households that

         5       had the opportunity to go after it, but only

         6       805,000 took that opportunity.

         7                  Today there are many seniors over

         8       60, there are many people that are

         9       handicapped, there are many families of four

        10       that make under $41,000, and I think it's

        11       important that we get this money out to them

        12       as soon as possible.

        13                  So I vote aye.

        14                  ACTING PRESIDENT WINNER:    Senator

        15       Golden will be recorded in the affirmative.

        16                  The Secretary will announce the

        17       results.

        18                  THE SECRETARY:    Ayes, 60.

        19                  ACTING PRESIDENT WINNER:    The

        20       bill is passed.

        21                  Senator Skelos.

        22                  SENATOR SKELOS:    Mr. President,

        23       is there any other business at the desk?

        24                  Before I move to adjourn, I'd just

        25       like to mention that Mayor Brown --


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         1                  (Applause.)

         2                  SENATOR SKELOS:    Mayor Brown,

         3       Mayor Brown, the pocket's empty.

         4                  (Laughter.)

         5                  SENATOR SKELOS:    Mr. President,

         6       would you please lay Calendar Number 11 aside

         7       for the day.

         8                  And there being no further business

         9       to come before the Senate, I move we stand

        10       adjourned until Tuesday, January 24th, at

        11       11:00 a.m.

        12                  ACTING PRESIDENT WINNER:    The

        13       bill is laid aside for the day.

        14                  And on motion, the Senate stands

        15       adjourned until Tuesday, January 24, at

        16       11:00 a.m.

        17                  (Whereupon, at 3:51 p.m., the

        18       Senate adjourned.)

        19

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