Regular Session - February 8, 2010

                                                            571



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   February 8, 2010

        11                       3:29 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR NEIL D. BRESLIN, 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 BRESLIN:    The

         3       Senate will please come to order.

         4                  I ask all to rise and repeat the

         5       Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT BRESLIN:    In the

         9       absence of clergy, may we bow our heads for a

        10       moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT BRESLIN:    The

        14       reading of the Journal.

        15                  The Secretary will read.

        16                  THE SECRETARY:    In Senate,

        17       Sunday, February 7, the Senate met pursuant to

        18       adjournment.  The Journal of Saturday,

        19       February 6, was read and approved.  On motion,

        20       Senate adjourned.

        21                  ACTING PRESIDENT BRESLIN:

        22       Without objection, the Journal stands approved

        23       as 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 Klein.

         8                  SENATOR KLEIN:    Mr. President, I

         9       believe you have a resolution at the desk.  I

        10       ask that the resolution be read in its

        11       entirety and move for its immediate adoption.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Klein, has this resolution been deemed

        14       privileged and submitted by the office of the

        15       Temporary President?

        16                  SENATOR KLEIN:    Yes, it has,

        17       Mr. President.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       Secretary will read.

        20                  THE SECRETARY:    By Senator

        21       Breslin, Legislative Resolution honoring the

        22       Twin Rivers Council upon the occasion of

        23       celebrating the 100th Anniversary of the Boy

        24       Scouts of America.

        25                  "WHEREAS, It is the sense of this



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         1       Legislative Body to honor the youth of today,

         2       and leaders of tomorrow, whose character and

         3       achievements best exemplify the ideals and

         4       values cherished by this great state and

         5       nation; and

         6                  "WHEREAS, The Boy Scouts of America

         7       and its members are dedicated to the

         8       development of character and leadership in the

         9       youth of this nation; and

        10                  "WHEREAS, attendant to such

        11       concern, and in full accord with its

        12       long-standing traditions, this Legislative

        13       Body is justly proud to honor the Twin Rivers

        14       Council upon the occasion of celebrating the

        15       100th Anniversary of the Boy Scouts of

        16       America; and

        17                  "WHEREAS, to observe this

        18       auspicious anniversary, the Twin Rivers

        19       Council has planned numerous events, some of

        20       which have already taken place and some to

        21       occur.  On February 8, 2010, the official

        22       birthday of BSA will be celebrated with

        23       Centennial Scouting Day.  A scouting display

        24       at the New York State Museum will showcase

        25       scouting memorabilia and historic scouting



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         1       artifacts.  In March of 2010, the Scout Mall

         2       Show will exhibit the great things benefitted

         3       through scouting to all shoppers at numerous

         4       venues.  In June of 2010, the Centennial Eagle

         5       Recognition Dinner will be held to both

         6       recognize current Eagle Scouts and identify

         7       and energize Eagle alumni of all ages.  In

         8       September of 2010, the pilgrimage to Silver

         9       Bay on Lake George, the site of scouting's

        10       first camp and training site, will include a

        11       dinner, historical reenactment, silent

        12       auction, and limited-issue memorabilia.  And

        13       the year-long celebration will culminate with

        14       the 100th Anniversary Camporee, to be held

        15       October 1-3, 2010, at Saratoga State Park; and

        16                  "WHEREAS, The purpose of the Boy

        17       Scouts of America, incorporated on February 8,

        18       1910, and chartered by Congress in 1916, is to

        19       provide an educational program for boys and

        20       young adults to build character, to train in

        21       the responsibilities of participating

        22       citizenship, and to develop personal fitness;

        23       and

        24                  "WHEREAS, The Twin Rivers Council

        25       provides scouting within the following 13



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         1       counties:  Albany, Clinton, Columbia, Essex,

         2       Franklin, Fulton, Hamilton, Montgomery,

         3       Rensselaer, Saratoga, Schenectady, Warren, and

         4       Washington; and

         5                  "WHEREAS, Community-based

         6       organizations receive national charters to use

         7       the scouting program as a part of their own

         8       youth work.  These groups, which have goals

         9       compatible with those of the Boy Scouts of

        10       America, include religious, educational,

        11       civic, fraternal, business, labor

        12       organizations, governmental bodies,

        13       corporations, professional associations, and

        14       citizens' groups; and

        15                  "WHEREAS, In 2009, over 500,000

        16       hours of community service were completed by

        17       Scouts and volunteers throughout the State of

        18       New York; and

        19                  "WHEREAS, Furthermore, over 350,000

        20       youth were served by more than 60,000 adult

        21       volunteers who coached, guided and led them

        22       through scouting programs; and

        23                  "WHEREAS, There are more than 6,000

        24       Boy Scouts of America units -- packs, troops,

        25       crews, posts, and groups -- which are



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         1       chartered by schools, churches, service clubs,

         2       fraternal orders, and other community groups

         3       across the State of New York; and

         4                  "WHEREAS, This year, over 60,000

         5       Cub Scouts, Boy Scouts, and leaders

         6       participated in approved camping programs in

         7       New York State, and over 700 Scouts earned the

         8       prestigious rank of Eagle Scout; and

         9                  "WHEREAS, The Boy Scouts of America

        10       have so manifestly contributed to the

        11       preservation of those treasured ideals of

        12       compassion, honor, preparedness and concern

        13       for others which are so paradigmatic of our

        14       American heritage; now, therefore, be it

        15                  "RESOLVED, That this Legislative

        16       Body pause in its deliberations to honor the

        17       Twin Rivers Council upon the occasion of

        18       celebrating the 100th Anniversary of the

        19       Boy Scouts of America; and be it further

        20                  "RESOLVED, That copies of this

        21       resolution, suitably engrossed, be transmitted

        22       to the Twin Rivers Council, Boy Scouts of

        23       America."

        24                  ACTING PRESIDENT BRESLIN:    I'll

        25       take liberties of the chair for a moment and



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         1       welcome Steve Silverman, the director of the

         2       Twin Rivers Council, Bob Bullock, the chair of

         3       the 100th Anniversary events, and an old and

         4       dear friend of not only myself but the entire

         5       Legislature, former Assemblyman Fred Field.

         6                  In addition, New York State is the

         7       home and the Boy Scouts of America were

         8       founded here.  There are over 350,000

         9       Boy Scouts and alumni, either existing Boy

        10       Scouts or alumni.  The first headquarters was

        11       in New York City, at the YMCA.  And their

        12       first summer camp in the United States was at

        13       Silver Bay on Lake George, in the district of

        14       Senator Betty Little.

        15                  So let's all welcome the Scouts for

        16       being here, and in recognition of the 100th

        17       Anniversary of the Boy Scouts of America.

        18                  (Applause.)

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Smith.

        21                  SENATOR SMITH:    Thank you very

        22       much, Senator Breslin.

        23                  I do want to make a comment about

        24       the Boy Scouts.  Prior to, I do just want to

        25       acknowledge the fact that I have a University



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         1       of Albany ambassador that is shadowing me

         2       today by the name of Debby Brown.  And Debby

         3       just wanted to say hello to everybody.  She is

         4       learning the ways of the Senate.  I told her

         5       this is a very quiet time for us as a body.

         6                  (Laughter.)

         7                  SENATOR SMITH:    There are the

         8       moments.

         9                  But with regard to the resolution,

        10       I do want to congratulate Senator Breslin for

        11       this resolution honoring the Boy Scouts on

        12       their hundredth year.  I myself was a Boy

        13       Scouts, spent some time at Ten Mile River, got

        14       thrown in the lake, and that's where I learned

        15       how to swim.

        16                  But I do want you to understand

        17       that being a Boy Scout is a very honorable

        18       thing.  It's something that you should enjoy.

        19       It teaches you a lot to deal with discipline

        20       and respect.  And especially during these

        21       times when peer pressure is very high from

        22       your friends who might want you to think that

        23       being a Boy Scout isn't cool -- well, being a

        24       Boy Scout is being cool.  It's being cool

        25       because you know what you stand for, you have



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         1       the strength within yourself to stand up to

         2       anyone who wants to say something that is not

         3       positive about you, and you know how to handle

         4       that.

         5                  I myself have indicated to many

         6       people that if it wasn't for the Boy Scouts, I

         7       probably wouldn't be standing on this floor

         8       today, notwithstanding other influences in my

         9       life.

        10                  So, Senator Breslin, I want to

        11       thank you for honoring them.  In a way, I feel

        12       like I'm being honored myself, because I am a

        13       true Boy Scout myself.  And it is so good to

        14       see so many of you here.

        15                  Thank you, and God bless.

        16                  ACTING PRESIDENT BRESLIN:    Thank

        17       you, Senator Smith.

        18                  Senator Larkin.

        19                  SENATOR LARKIN:    Thank you,

        20       Mr. President.  Thank you so much for taking

        21       the time to ensure that we haven't forgotten a

        22       quarter of Americans, the Boy Scouts.

        23                  Now, 2 percent of the Scouts, as

        24       you all know, become Eagle Scouts.  I'm a

        25       veteran of 23 years of active duty, with my



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         1       good friend on the end, Roy McDonald, active.

         2       A lot of others here served associated with

         3       Scouts.

         4                  I guess the first time I got

         5       involved with Scouts was in Germany when a

         6       two-star general said, "We're going to build a

         7       camp for Scouts."  And I said, "That's a good

         8       recon unit."  He said, "No, idiot, that's the

         9       Boy Scouts of America."

        10                  So after that I learned a lot.  I

        11       participated and was a director of Boy Scouts

        12       of America's National Jamboree in 1960 in

        13       Denver, Colorado.

        14                  You know, the military been a great

        15       fostering place.  I know a Congressional Medal

        16       of Honor in Vince Leibell's district, Paul

        17       Bucha.  When you talk to Paul, he'll say "I

        18       was appointed because they read the bottom of

        19       my resume asking to go to West Point because

        20       it said, very clearly, I am an Eagle Scout."

        21       And his Congressman said, "The only reason I

        22       appointed you was you were an Eagle Scout."

        23       He is a Congressional Medal of Honor winner

        24       and still alive today.

        25                  Scouting is very important to us.



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         1       Too often people don't think of it.  I tell

         2       Scouts when I meet them, "Don't sit down in

         3       the back of the car so somebody won't see you,

         4       sit up tight and straight.  Let your mothers

         5       and fathers and grandparents and aunts and

         6       uncles see you and know that you're doing

         7       something that is right for you, for your

         8       family and America."

         9                  One hundred years.  We want to make

        10       sure that that generation starting today will

        11       stand tall, because numbers and numbers and

        12       numbers of our armed forces -- for our men

        13       it's the Eagle, and for our females it's the

        14       Gold Award.  So don't forget your sisters in

        15       service for scouting.

        16                  ACTING PRESIDENT BRESLIN:    Thank

        17       you, Senator Larkin.

        18                  Senator Little.

        19                  SENATOR LITTLE:    Thank you,

        20       Mr. President.

        21                  I would like to join my colleagues

        22       in recognizing the Twin Rivers Scout Council,

        23       in that they represent -- all six of my

        24       counties are members of Twin Rivers.  And

        25       Silver Bay, yes, is on beautiful Lake George



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         1       within my district.

         2                  But in doing so, I'd also like to

         3       thank all of the people, the leaders who have

         4       volunteered so many hours in the past

         5       100 years and who are currently doing so.

         6                  And I'd also like to thank all the

         7       parents who take the time to see that their

         8       youngsters become members of scouting.  And

         9       whether it's from Cub Scouts or to Eagle

        10       Scout, every young man learns something and

        11       benefits by being a member of scouting.

        12                  So congratulations upon 100 years

        13       of Boy Scouts in our country, and thank you

        14       for coming down.  Thank you.

        15                  ACTING PRESIDENT BRESLIN:    Thank

        16       you, Senator Little.

        17                  Senator Farley.

        18                  SENATOR FARLEY:    Thank you,

        19       Senator Breslin.

        20                  I rise also in support of your

        21       resolution.  And I thank you for bringing this

        22       forward on the hundredth anniversary of the

        23       Boy Scouts.

        24                  Now, the Twin Rivers Council, which

        25       your resolution speaks to, represents



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         1       13 counties, four of which are in my district.

         2       And I'm sure that there's some constituents in

         3       the gallery of mine and of yours and so many.

         4                  But scouting is one of the most

         5       valuable things in our society.  These Eagle

         6       Scouts go on to become the cream of our

         7       society and rise to the highest levels in our

         8       society because of what they learned in

         9       scouting.  The Twin Rivers has been one of the

        10       most successful Boy Scout councils in the

        11       United States.  It also has one of the most

        12       beautiful facilities, Lake George.

        13                  And not only do we welcome them

        14       here, I wish them well.  And I know that

        15       they're a very, very large part of our state

        16       and of our nation, and we're very, very

        17       pleased to rise in support of this resolution.

        18                  ACTING PRESIDENT BRESLIN:    Thank

        19       you, Senator Farley.

        20                  Senator Golden.

        21                  SENATOR GOLDEN:    Thank you,

        22       Mr. President.

        23                  I too rise in support of the

        24       resolution.  Scouting has been a great

        25       tradition for over a hundred years.  And the



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         1       unfortunate reality is they keep diminishing.

         2       Their numbers are coming down because they've

         3       been forced out of some of our public schools

         4       and public sectors because of their Scout oath

         5       and for other reasons.

         6                  They no longer have the meeting

         7       halls they used to be able to have, and being

         8       able to congregate.  Which is unfortunate,

         9       because they are really a great organization.

        10                  I have a Scout Troop 20 that's

        11       meeting in the same hall for 100 years, the

        12       New Utrecht Reformed Church, when they started

        13       back a hundred years ago.  Troop 20 is still

        14       meeting at that location.  That is something

        15       that we are all very, very proud of.

        16                  And you know what, you may not grow

        17       up to be an Eagle Scout, but there is scouting

        18       in many of our corporate leaders, and many of

        19       our battlefield generals and battlefield

        20       commanders today have scouting tradition

        21       within them.

        22                  Even Senator Schneiderman, I

        23       understand, has some scouting in him -- I

        24       don't know how, but he does.  And I don't know

        25       if he went to Eagle Scout -- did he?  No, he's



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         1       a good man.  He's a good man.  I congratulate

         2       him for being in scouting.

         3                  But I will tell you that in our

         4       area down in Brooklyn, New York, and Staten

         5       Island, the kids from around the City of

         6       New York, they get an opportunity to go to a

         7       place called Camp Pouch.  Now, this is in the

         8       middle of Staten Island.  It's beautiful.  And

         9       the scouting world and the scouting, I guess,

        10       corporate is getting ready or contemplating

        11       closing that location.

        12                  And I need the support, and I know

        13       we have the support of Senator Savino and

        14       Senator Lanza here in this body to make sure

        15       that that doesn't happen, that this tradition

        16       of Pouch remains in our community in Staten

        17       Island and that the kids from the inner city

        18       get an opportunity to see what scouting is all

        19       about.  It's like Ten Mile River, it's really

        20       gorgeous.  I mean, when you see this, it's

        21       really something to be proud of.

        22                  And I appreciate this resolution

        23       today, because it sends a signal to all of

        24       these young men and women that we support

        25       their efforts and that there should be more



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         1       scouting going on here in this great state and

         2       across this nation.

         3                  I commend their efforts, and I

         4       commend the efforts of all of the volunteers

         5       that go out there each and every week and each

         6       and every month to make a difference.

         7                  So we need your support to make

         8       sure that Camp Pouch stays as part of scouting

         9       tradition in the future and that they do not

        10       get a chance to take that away from our kids

        11       across the tristate area and across the City

        12       of New York.

        13                  Thank you.

        14                  ACTING PRESIDENT BRESLIN:    Thank

        15       you, Senator Golden.

        16                  Senator Foley.

        17                  SENATOR FOLEY:    Thank you,

        18       Mr. President.

        19                  I stand also in strong support of

        20       this resolution and wish to commend the

        21       Boy Scouts of America for a hundred

        22       outstanding years.  It's one of the greatest

        23       movements here in our country and in fact

        24       across the world.

        25                  Having been the former chair of the



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         1       Sunrise District on Long Island, which at one

         2       time was one of the largest districts anywhere

         3       in our country, I can tell you that the

         4       families that have been involved in

         5       scouting -- in some cases for over four

         6       generations -- have made a huge difference in

         7       the communities that we find scouting.

         8                  Attending, as we all do, a number

         9       of Eagle Courts of Honor, I think it's one of

        10       the joyful procedures that we have as elected

        11       officials to take part in those particular

        12       undertakings.  And I can tell you I was at one

        13       two weekends ago, well over 200 community

        14       members were at that particular event.

        15                  And it is one of the organizations,

        16       one of the wholesome organizations that

        17       communities, families, a whole host of groups

        18       can rally around, because we know that

        19       scouting so well prepares our young people for

        20       adult lives and whatever they may do

        21       accordingly.  So as one State Senator, I wish

        22       to say congratulations to this particular

        23       council.

        24                  We have out in Suffolk County Camp

        25       Baiting Hollow, which similar to what Senator



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         1       Golden mentioned earlier, at times the scouts

         2       thought of selling the property, but

         3       thankfully they haven't.  We have undertaken a

         4       number of capital campaigns in order to

         5       improve those particular facilities at that

         6       camp.  And luckily they've saved the camp and

         7       it's made all the difference in the world in

         8       how they've been able to use the camp for the

         9       Scouts in Suffolk County.

        10                  So again, I want to say

        11       congratulations.  And to you, Mr. President,

        12       this certainly is a very worthwhile

        13       resolution; I stand foursquare behind it.

        14                  Thank you.

        15                  ACTING PRESIDENT BRESLIN:    Thank

        16       you, Senator Foley.

        17                  Are there any other Senators

        18       wishing to be heard on the resolution?

        19                  The question is then on the

        20       resolution.  Will all those in favor please

        21       signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT BRESLIN:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       resolution is adopted.

         3                  The resolution is open to all

         4       members of the body.  Anyone not wishing to be

         5       on the resolution please indicate by coming to

         6       the desk.

         7                  And we applaud all Scouts, their

         8       fathers, mothers, leaders, and all in the

         9       gallery who support Boy Scouts.

        10                  (Applause.)

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, I

        14       believe Senator Montgomery has a resolution at

        15       the desk.  I ask that the title of the

        16       resolution be read and move for its immediate

        17       adoption.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Klein, has this resolution been deemed

        20       privileged and submitted by the office of the

        21       Temporary President?

        22                  SENATOR KLEIN:    Yes,

        23       Mr. President.

        24                  ACTING PRESIDENT BRESLIN:    The

        25       Secretary will read.



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         1                  THE SECRETARY:    By Senator

         2       Montgomery, legislative resolution honoring

         3       Amy Sumner for her community service and

         4       advocacy on behalf of school-based health

         5       Centers in Brooklyn, New York.

         6                  ACTING PRESIDENT BRESLIN:    The

         7       question is on the resolution.  All those in

         8       favor please signify by saying aye.

         9                  (Response of "Aye.")

        10                  ACTING PRESIDENT BRESLIN:

        11       Opposed, nay.

        12                  (No response.)

        13                  ACTING PRESIDENT BRESLIN:    The

        14       resolution is adopted.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, at

        17       this time can we please move to a reading of

        18       the calendar.

        19                  ACTING PRESIDENT BRESLIN:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       38, by Senator Aubertine, Senate Print 1677A,

        23       an act to amend the Agriculture and Markets

        24       Law, in relation to notification.

        25                  ACTING PRESIDENT BRESLIN:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the 30th day.

         4                  ACTING PRESIDENT BRESLIN:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT BRESLIN:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 59.

        10                  ACTING PRESIDENT BRESLIN:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       41, by Senator Serrano, Senate Print 3351A, an

        14       act to amend the Parks, Recreation and

        15       Historic Preservation Law, in relation to

        16       membership.

        17                  ACTING PRESIDENT BRESLIN:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the 90th day.

        21                  ACTING PRESIDENT BRESLIN:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT BRESLIN:

        25       Announce the results.



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         1                  THE SECRETARY:    Ayes, 59.

         2                  ACTING PRESIDENT BRESLIN:    The

         3       bill is passed.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       45, by Senator Dilan, Senate Print 3514, an

         7       act to amend the General Municipal Law, in

         8       relation to authorizing.

         9                  ACTING PRESIDENT BRESLIN:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the 30th day.

        13                  ACTING PRESIDENT BRESLIN:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT BRESLIN:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 57.  Nays,

        19       2.  Senators Ranzenhofer and Marcellino

        20       recorded in the negative.

        21                  ACTING PRESIDENT BRESLIN:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       46, by Senator Breslin, Senate Print 5111, an

        25       act to amend the General Municipal Law and the



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         1       Civil Service Law, in relation to providing

         2       health services.

         3                  ACTING PRESIDENT BRESLIN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT BRESLIN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT BRESLIN:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 59.

        13                  ACTING PRESIDENT BRESLIN:    The

        14       bill is passed.

        15                  The Secretary will continue to

        16       read.

        17                  THE SECRETARY:    Calendar Number

        18       47, by Senator Stewart-Cousins, Senate Print

        19       5601, an act to amend the General Municipal

        20       Law, in relation to allowing not-for-profits.

        21                  ACTING PRESIDENT BRESLIN:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT BRESLIN:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator DeFrancisco, to explain his vote.

         5                  SENATOR DeFRANCISCO:    I'm going

         6       to vote no.

         7                  I think the problem with this bill

         8       is that it authorizes counties to allow

         9       non-for-profits to take advantage of their

        10       purchasing in bulk, apparently.  And it says

        11       any non-for-profit corporations that provide a

        12       service to a county.  That's pretty darn broad

        13       and it's got to be an absolute administrative

        14       nightmare for any county.

        15                  Granted, they say the county can

        16       impose whatever restrictions they want.  But

        17       if they can impose whatever restrictions they

        18       want, can they say no, we just don't want to

        19       do this?  So I just think it's too loosely

        20       worded, and I'm going to vote no for that

        21       reason.

        22                  ACTING PRESIDENT BRESLIN:

        23       Senator DeFrancisco will be recorded in the

        24       negative.

        25                  Senator Bonacic, to explain his



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         1       vote.

         2                  SENATOR BONACIC:    Thank you,

         3       Mr. President.

         4                  I look at this a little

         5       differently.  A lot of small businesses

         6       actually sell products to the not-for-profits.

         7       And what you're going to do is you're going to

         8       allow the not-for-profits to go to a county

         9       arrangement that might be cheaper and not do

        10       business with the small businesses who are out

        11       there paying taxes and creating jobs.

        12                  For that reason, I'm going to vote

        13       no.  Thank you, Mr. Chairman.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Bonacic will be recorded in the

        16       negative.

        17                  Are there any other Senators

        18       wishing to be heard?

        19                  Senator LaValle, to explain his

        20       vote.

        21                  SENATOR LaVALLE:    Thank you,

        22       Mr. President.  Just very briefly.

        23                  I think this bill comes up at the

        24       wrong time with small businesses being so

        25       fragile.  And I think Senator Bonacic made a



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         1       good point, and I'm going to vote at this time

         2       in the negative.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator LaValle to be recorded in the

         5       negative.

         6                  Senator Little, to explain her

         7       vote.

         8                  SENATOR LITTLE:    Thank you,

         9       Mr. President.

        10                  I'm also going to vote in the

        11       negative on this bill, because I believe that

        12       it expands -- it certainly creates more work

        13       for the county for not-for-profits to be able

        14       to purchase through the county offices.  But

        15       there are many, many not-for-profits.

        16                  And I imagine the next step would

        17       be for any not-for-profit to be able to

        18       purchase through and on the county contracts.

        19       And I think that small business in every area

        20       where these not-for-profits were operating

        21       would be affected by that.  So I am a negative

        22       vote.

        23                  Thank you.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Little will 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 47 are

         5       Senators Bonacic, DeFrancisco, Flanagan,

         6       Golden, Griffo, O. Johnson, LaValle, Little,

         7       Marcellino, Skelos.  Also Senators Ranzenhofer

         8       and Larkin.  Also Senator Saland.  Also

         9       Senator Winner.

        10                  Ayes 45.  Nays, 14.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       bill is passed.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       49, by Senator Sampson, Senate Print 2852, an

        16       act to amend the Public Officers Law, in

        17       relation to expanding the definition.

        18                  ACTING PRESIDENT BRESLIN:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT BRESLIN:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT BRESLIN:



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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 59.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       54, by Senator Sampson, Senate Print 2971, an

         7       act to amend the Estates, Powers and Trusts

         8       Law, in relation to waiver.

         9                  ACTING PRESIDENT BRESLIN:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 3.  This

        12       act shall take effect on the first of

        13       September.

        14                  ACTING PRESIDENT BRESLIN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT BRESLIN:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 59.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       55, by Senator Sampson, Senate Print 5588A, an

        24       act to amend the Domestic Relations Law, in

        25       relation to the use of proceeds.



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         1                  ACTING PRESIDENT BRESLIN:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT BRESLIN:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT BRESLIN:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 59.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       60, by Senator Oppenheimer, Senate Print

        15       6154B, an act to amend the Education Law, in

        16       relation to teachers' rights.

        17                  ACTING PRESIDENT BRESLIN:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect September 1.

        21                  ACTING PRESIDENT BRESLIN:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT BRESLIN:

        25       Announce the results.



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         1                  THE SECRETARY:    Ayes, 59.

         2                  ACTING PRESIDENT BRESLIN:     the

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       62, by Senator Adams, Senate Print 3284, an

         6       act to amend the Civil Service Law, in

         7       relation to providing.

         8                  ACTING PRESIDENT BRESLIN:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 4.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT BRESLIN:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT BRESLIN:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 59.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       64, by Senator C. Johnson --

        22                  SENATOR KLEIN:    Lay the bill

        23       aside for the day.

        24                  ACTING PRESIDENT BRESLIN:    The

        25       bill is laid aside for the day.



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         1                  Senator Klein, that concludes the

         2       reading of the noncontroversial calendar.

         3                  SENATOR KLEIN:    Mr. President,

         4       can we please stand at ease while we await a

         5       message from the Assembly.

         6                  ACTING PRESIDENT BRESLIN:    The

         7       Senate will stand at ease pending a message

         8       from the Assembly.

         9                  (Whereupon, the Senate stood at

        10       ease at 3:56 p.m.)

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, I

        14       believe Senator Skelos has an announcement

        15       about the conference.

        16                  ACTING PRESIDENT BRESLIN:    That

        17       would be Senator Libous.

        18                  Senator Libous.

        19                  SENATOR LIBOUS:    Mr. President,

        20       there will be an immediate Republican

        21       conference now.

        22                  ACTING PRESIDENT BRESLIN:    There

        23       will be an immediate Republican conference

        24       now.

        25                  (Whereupon, the Senate reconvened



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         1       at 5:12 p.m.)

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Klein.

         4                  SENATOR KLEIN:    Mr. President,

         5       can we return to the order of messages from

         6       the Assembly.

         7                  ACTING PRESIDENT BRESLIN:

         8       Returning to the order of messages from the

         9       Assembly.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Mr. President, is

        12       there a message regarding Assembly Bill Number

        13       9544, which was previously passed by both

        14       houses, vetoed by the Governor, and overridden

        15       by the Assembly?

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Klein, the chair hands down a message

        18       from the Assembly.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Assembly Print

        21       9544, by Member of the Assembly Silver, an act

        22       to amend the Executive Law.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, I



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         1       now move to override the Governor's veto of

         2       Assembly Bill Number 9544.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       Secretary will read the title of the bill.

         5                  THE SECRETARY:     Calendar Number

         6       18, by Member of the Assembly Silver, Assembly

         7       Print Number 9544, Veto Number 1, an act to

         8       amend the Executive Law.

         9                  ACTING PRESIDENT BRESLIN:    The

        10       bill is before the house.

        11                  Senators, I put the question before

        12       you:  Ought the same become a law

        13       notwithstanding the veto of the Governor?

        14                  The Secretary will read the last

        15       section.

        16                  SENATOR LIBOUS:    Excuse me,

        17       Mr. President, point of order.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Libous.

        20                  SENATOR LIBOUS:    Could you

        21       clarify the way the resolution is written?  A

        22       no vote means what, and a yes vote means what?

        23                  ACTING PRESIDENT BRESLIN:    A yes

        24       vote will override the Governor's vote,  if

        25       successful, thus making the bill a law.



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         1                  If you vote nay, you uphold the

         2       Governor's veto.

         3                  SENATOR LIBOUS:    Thank you,

         4       Mr. President.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       Secretary will read the last section.

         7                  Would you like that repeated?

         8                  SENATOR FUSCHILLO:    Yes.

         9                  ACTING PRESIDENT BRESLIN:    To

        10       repeat, a vote to override the Governor's

        11       veto, an aye vote, if it is successful, it

        12       will become law.

        13                  If you vote no or nay, you uphold

        14       the Governor's veto, if successful.

        15                  Senator DeFrancisco.

        16                  SENATOR DeFRANCISCO:    Point of

        17       order.

        18                  Can you read the actual resolution?

        19       Because I heard it differently.

        20                  ACTING PRESIDENT BRESLIN:    I put

        21       the question before you:  Ought the same

        22       become a law notwithstanding the veto of the

        23       Governor?

        24                  SENATOR DeFRANCISCO:    Thank you,

        25       Mr. President.



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         1                  ACTING PRESIDENT BRESLIN:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 37.  This

         4       act shall take effect July 31 --

         5                  SENATOR LIBOUS:    Excuse me.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Libous.

         8                  SENATOR LIBOUS:    Is it not

         9       customary to ring the bell?

        10                  ACTING PRESIDENT BRESLIN:    We

        11       will be more than happy to ring the bell.

        12                  SENATOR LIBOUS:    Thank you,

        13       Mr. President.

        14                  ACTING PRESIDENT BRESLIN:    The

        15       Secretary will ring the bell.

        16                  Call the roll.

        17                  Senator Johnson, why do you rise?

        18                  SENATOR CRAIG JOHNSON:    I request

        19       a slow roll call for this vote, Mr. President.

        20                  (A majority of Senators rise.)

        21                  (Laughter.)

        22                  ACTING PRESIDENT BRESLIN:    The

        23       chair recognizes that more than five members

        24       have risen, and a slow roll call will now take

        25       place.



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         1                  THE SECRETARY:    Senator Adams.

         2                  SENATOR ADAMS:    I'm going to be

         3       open about it.  Aye.

         4                  THE SECRETARY:    Senator Addabbo.

         5                  SENATOR ADDABBO:    Yes.

         6                  THE SECRETARY:    Senator Alesi.

         7                  SENATOR ALESI:    No.

         8                  THE SECRETARY:    Senator

         9       Aubertine.

        10                  SENATOR AUBERTINE:    Aye.

        11                  THE SECRETARY:    Senator Bonacic.

        12                  SENATOR BONACIC:    No.

        13                  THE SECRETARY:    Senator Breslin.

        14                  ACTING PRESIDENT BRESLIN:    Aye.

        15                  THE SECRETARY:    Senator

        16       DeFrancisco.

        17                  SENATOR DeFRANCISCO:    No.  But

        18       can I explain my vote?

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator DeFrancisco, to explain his vote.

        21                  SENATOR DeFRANCISCO:    We had made

        22       several attempts to amend the prior

        23       legislation that were not accepted.  I think

        24       for that reason alone, the bill should not

        25       become law.



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         1                  For that reason, I vote no.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator DeFrancisco will be recorded in the

         4       negative.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Senator Diaz.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Diaz, to explain his vote.

        10                  SENATOR DIAZ:    Thank you.

        11                  I believe that not until we get a

        12       bill that forces lawyers and everyone to

        13       declare everything, we will not have ethics.

        14       So the Governor is right in vetoing this bill,

        15       forcing to us come up with a bill where

        16       everybody, everyone -- to exclude lawyers

        17       ministers, and doctors from declaring all

        18       their clients is wrong.  So I'm voting no.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Diaz will be recorded in the negative.

        21                  The Secretary will continue to

        22       read.

        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                  THE SECRETARY:    Senator Farley.

         5                  SENATOR FARLEY:    Yes.

         6                  THE SECRETARY:    Senator Flanagan.

         7                  SENATOR FLANAGAN:    No.

         8                  THE SECRETARY:    Senator Foley.

         9                  SENATOR FOLEY:    Aye.

        10                  THE SECRETARY:    Senator

        11       Fuschillo.

        12                  SENATOR FUSCHILLO:    No.

        13                  THE SECRETARY:    Senator Golden.

        14                  SENATOR GOLDEN:    No.

        15                  THE SECRETARY:    Senator Griffo.

        16                  SENATOR GRIFFO:    No.

        17                  THE SECRETARY:    Senator Hannon.

        18                  SENATOR HANNON:    No.

        19                  THE SECRETARY:    Senator

        20       Hassell-Thompson.

        21                  SENATOR HASSELL-THOMPSON:    Yes.

        22                  THE SECRETARY:    Senator Huntley.

        23                  SENATOR HUNTLEY:    Yes.

        24                  THE SECRETARY:    Senator C.

        25       Johnson.



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         1                  SENATOR CRAIG JOHNSON:    Yes.

         2                  THE SECRETARY:    Senator O.

         3       Johnson.

         4                  SENATOR OWEN JOHNSON:    No.

         5                  THE SECRETARY:    Senator Klein.

         6                  SENATOR KLEIN:    Yes.

         7                  THE SECRETARY:    Senator

         8       L. Krueger.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Krueger, to explain her vote.

        11                  SENATOR LIZ KRUEGER:    Thank you.

        12                  I agree with Senator Diaz; I want

        13       us to go further.  I think we will go further.

        14       And I know that passing this bill by

        15       overriding the Governor's veto is the right

        16       step to get us there.

        17                  I vote aye.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Krueger will be recorded in the

        20       affirmative.

        21                  The Secretary will continue to

        22       read.

        23                  THE SECRETARY:    Senator C.

        24       Kruger.

        25                  SENATOR CARL KRUGER:    Yes.



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         1                  THE SECRETARY:    Senator Lanza.

         2                  SENATOR LANZA:    No.

         3                  THE SECRETARY:    Senator Larkin.

         4                  SENATOR LARKIN:    No.

         5                  THE SECRETARY:    Senator LaValle.

         6                  SENATOR LaVALLE:    No.

         7                  THE SECRETARY:    Senator Leibell.

         8                  SENATOR LEIBELL:    No.

         9                  THE SECRETARY:    Senator Libous.

        10                  SENATOR LIBOUS:    To explain my

        11       vote, Mr. President.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Libous, to explain his vote.

        14                  SENATOR LIBOUS:    Thank you,

        15       Mr. President.

        16                  I'm very disturbed today because

        17       the Governor vetoed this last week.  He

        18       offered to set up five-way discussions with

        19       all the parties involved to make an ethics

        20       bill that was voted on by this house -- I

        21       believe unanimously -- an even better and

        22       tougher bill, one that goes further when it

        23       comes to financial disclosure, something that

        24       has been in the press every day, an issue that

        25       has riddled the Capitol and has many, many



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         1       people concerned.

         2                  I know my constituents, where they

         3       want a tougher ethics bill, they want a

         4       tougher one than this.  They want income

         5       disclosed.  They want to know who we're doing

         6       business with.  They want to know who's coming

         7       into the offices to meet.

         8                  I think this is very disrespectful

         9       to the Governor, who has given us a week.  And

        10       immediately the Assembly, to show their

        11       political muscle, they put it on the floor

        12       with no discussion.  And yes, they passed an

        13       amendment.  Well, that amendment doesn't go

        14       far enough either, because there's no

        15       financial disclosure in that amendment.

        16                  Mr. President, I'm very upset with

        17       the way this procedure is taking place.  This

        18       is something that should be discussed more

        19       openly and more publicly, and it must go much,

        20       much further before the public ever accepts

        21       the accountability that's not in this bill.

        22                  I vote no.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Libous will be recorded in the

        25       negative.



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         1                  The Secretary will continue to

         2       read.

         3                  THE SECRETARY:    Senator Little.

         4                  SENATOR LITTLE:    No.

         5                  THE SECRETARY:    Senator

         6       Marcellino.

         7                  SENATOR MARCELLINO:    No.

         8                  THE SECRETARY:    Senator Maziarz.

         9                  SENATOR MAZIARZ:    No.

        10                  THE SECRETARY:    Senator McDonald.

        11                  SENATOR McDONALD:    Yes.

        12                  THE SECRETARY:    Senator

        13       Monserrate.

        14                  SENATOR MONSERRATE:    Yes.

        15                  THE SECRETARY:    Senator

        16       Montgomery.

        17                  SENATOR MONTGOMERY:    To explain

        18       my vote, Mr. President.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Montgomery, to explain her vote.

        21                  SENATOR MONTGOMERY:    Yes,

        22       Mr. President, we all did vote last week for

        23       the bill that is before us.  The Governor

        24       vetoed it.  But we all came together, for

        25       once, I thought, which was very good, to come



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         1       to an agreement on the beginning of the

         2       process of improving ethics in our State

         3       Legislature.

         4                  And I'm very happy that Senator

         5       Libous is now so adamantly in support of the

         6       Governor's proposal.  And certainly we all

         7       wool like to see some of the Governor's

         8       proposal come to fruition, but that's not what

         9       we're voting for now.

        10                  And notwithstanding Senator

        11       Libous's outstanding support of Governor David

        12       Paterson, I vote to override this veto.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Montgomery will be recorded in the

        15       affirmative.

        16                  The Secretary will continue to

        17       read.

        18                  THE SECRETARY:    Senator Morahan,

        19       excused.

        20                  Senator Nozzolio.

        21                  SENATOR NOZZOLIO:    No.

        22                  THE SECRETARY:    Senator Onorato.

        23                  SENATOR ONORATO:    Aye.

        24                  THE SECRETARY:    Senator

        25       Oppenheimer.



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         1                  SENATOR OPPENHEIMER:    To explain

         2       my vote, please.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Oppenheimer, to explain her vote.

         5                  SENATOR OPPENHEIMER:    I'm voting

         6       to override the veto, because I don't think

         7       anybody in this chamber believes that this is

         8       the best piece of legislation we've ever

         9       written.  We all see that it is a limited

        10       piece of legislation.  It is a beginning.  It

        11       does not touch on things that are of great

        12       importance to me, and I know to many others,

        13       concerning campaign finance reform, concerning

        14       redistricting reform.

        15                  But this is the best question we

        16       could do right now.  And it's a first step.

        17       And I applaud those of you who are going to

        18       support this first step.

        19                  Thanks.

        20                  ACTING PRESIDENT BRESLIN:

        21       Senator Oppenheimer will be recorded in the

        22       affirmative.

        23                  The Secretary will continue to

        24       read.

        25                  THE SECRETARY:    Senator Padavan.



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         1                  SENATOR PADAVAN:    Yes.

         2                  THE SECRETARY:    Senator Parker.

         3                  SENATOR PARKER:    Aye.

         4                  THE SECRETARY:    Senator Perkins.

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Perkins, to explain his vote.

         7                  SENATOR PERKINS:

         8                  Yeah, I'm going to once again vote

         9       yes.  However, I just want to make sure that,

        10       you know, that doesn't mean that I'm fully

        11       happy with what we have before us.  You know,

        12       the concerns about lawyer disclosure are

        13       significant to me because I think we need to

        14       move forward to make sure that everybody is

        15       treated equally in order to convince the

        16       public that we're really trying to do the

        17       right thing.

        18                  So I'm going to support the

        19       override, but with an emphasis on the need for

        20       us to make sure that there's one standard for

        21       all.  And lawyer disclosure is a very, very

        22       significant concern of mine.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Perkins will be recorded in the

        25       affirmative.



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         1                  The Secretary will continue to

         2       read.

         3                  THE SECRETARY:    Senator

         4       Ranzenhofer.

         5                  SENATOR RANZENHOFER:    No.

         6                  THE SECRETARY:    Senator Robach.

         7                  SENATOR ROBACH:    Yes.

         8                  THE SECRETARY:    Senator Saland.

         9                  SENATOR SALAND:    To explain my

        10       vote.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Saland, to explain his vote.

        13                  SENATOR SALAND:    Mr. President,

        14       during the course of the debate on this bill

        15       when the bill itself was before us, there were

        16       any number of comments to the effect that this

        17       bill was at best baby steps, that there were a

        18       host of shortcomings.  There were amendments

        19       that were offered by this side of the aisle,

        20       amendments that were offered by way of equity.

        21       We all acknowledged that we could do better.

        22                  And in fact the Governor's veto has

        23       afforded us the opportunity to do that, to do

        24       it in a fashion that's bipartisan, do it in a

        25       fashion includes people from both sides of the



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         1       aisle, both houses, as well as the executive,

         2       and to come up with a product that vastly

         3       exceeds the product that we are now in the

         4       process of sustaining a gubernatorial override

         5       on.

         6                  And I would certainly hope that

         7       when the dust settles, the same zeal that

         8       presented itself when we dealt with the

         9       original bill -- notwithstanding the

        10       reluctance based on some of its

        11       shortcomings -- will address itself to dealing

        12       with the issue in the form of a five-way --

        13       both sides of the aisle, both houses, and the

        14       Governor -- coming up with something that the

        15       people of the State of New York can be proud

        16       of.

        17                  We shouldn't accept the minimalist

        18       position that was the only game in town when

        19       we were asked to vote on it.  We can do

        20       better, we will do better, and we can do it in

        21       a bipartisan fashion.

        22                  Thank you, Mr. President.  I vote

        23       in the negative.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Saland will be recorded in the



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         1       negative.

         2                  The Secretary will continue to

         3       read.

         4                  THE SECRETARY:    Senator Sampson.

         5                  SENATOR SAMPSON:    Yes.

         6                  THE SECRETARY:    Senator Savino.

         7                  SENATOR SAVINO:    Yes.

         8                  THE SECRETARY:    Senator

         9       Schneiderman.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Schneiderman, to explain his vote.

        12                  SENATOR SCHNEIDERMAN:    Thank you,

        13       Mr. President.

        14                  I will be voting yes in support of

        15       the override.  This is my bill, after all.

        16       And I have to say that I'm disappointed that

        17       we can't lock into law, that we can't in fact

        18       pass and have enacted into law the changes

        19       that this bill would make.  Because everyone

        20       concedes -- including the Governor, who I've

        21       spoken to about this quite a few times -- that

        22       everything in this bill is a positive step.

        23                  If you vote against this bill, if

        24       you're voting against this override, you're

        25       voting against a bill that would require for



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         1       the first time the reporting of independent

         2       expenditures.  You're voting against a bill

         3       that would stop them from redacting our income

         4       categories, so the public can see how much we

         5       make.  You're voting against a bill that for

         6       the first time would require that any lobbyist

         7       or client of a lobbyist that pays money to one

         8       of us has to disclose that.

         9                  You're voting against a lot of good

        10       stuff.  And everyone concedes these are all

        11       positive steps.

        12                  And you're voting against it, even

        13       though on January 20th every one of you voted

        14       for it, because you say it doesn't far enough

        15       and we should have negotiations.  Well, I'm

        16       for negotiations.  I'm ready to negotiate.

        17                  Senator Libous said we should have

        18       five-ways and that there's been an effort to

        19       get five-ways.  If there's been an effort to

        20       get five-ways, no one ever told anyone over

        21       here.  So let's clarify that right now.  I'm

        22       the sponsor of the bill.  There's no five-way

        23       been called.

        24                  We can go into negotiations now.

        25       But we are going in, if you refuse to help us



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         1       override, without locking in this first

         2       positive step, without showing everyone we can

         3       get this done, without making a statement that

         4       the days of gridlock are over.

         5                  Ladies and gentlemen, I have a lot

         6       of affection and regard for many of my

         7       colleagues on the other side of the aisle.

         8       But you were in charge for decades and you

         9       never took any of these steps towards

        10       improving ethics or the campaign finance laws

        11       in this state.  You never made any of these

        12       efforts.

        13                  I'm glad you're now willing to go

        14       further.  I would like to go further.  Every

        15       time we moved any of these provisions to the

        16       floor or attempted to bring them to the floor

        17       by a motion, you bloc-voted against them.

        18       We're now in the majority, and instead of just

        19       bloc-voting down every reform, we are actually

        20       moving things.

        21                  I think it's a shame not to lock in

        22       these changes and then go forward.  If you

        23       want to deal with lawyer disclosure, I sponsor

        24       a bill, Senate 6794 -- please sign on -- that

        25       requires lawyer disclosure.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator -- Senator, how do you vote?

         3                  SENATOR SCHNEIDERMAN:    I was just

         4       leading up to that, Mr. President.

         5                  We can do better.  We will do

         6       better.  But the right way to approach this is

         7       not to make the perfect the enemy of the

         8       possible.  We should override and then we

         9       should go into five-ways.

        10                  And whenever a five-way is called,

        11       Senator Libous, I am there.  Still waiting for

        12       the Governor's call.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Schneiderman will be recorded in the

        16       affirmative.

        17                  The Secretary will continue to

        18       read.

        19                  THE SECRETARY:    Senator Serrano.

        20                  SENATOR SERRANO:    Yes.

        21                  THE SECRETARY:    Senator Seward.

        22                  SENATOR SEWARD:    To explain my

        23       vote.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Seward, to explain his vote.



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         1                  SENATOR SEWARD:    Yes,

         2       Mr. President, I will be voting no to override

         3       the Governor's veto.  But I feel in doing so

         4       I'm voting yes for a better and stronger

         5       ethics law in the State of New York.

         6                  And I would disagree with those who

         7       would say that, well, this is the best that we

         8       can do at this particular time.  Because the

         9       Governor has in fact indicated his willingness

        10       to reopen discussions in a bipartisan way so

        11       that we can get to a better and stronger

        12       ethics bill soon.

        13                  And I would further disagree with

        14       Senator Schneiderman and say that nothing has

        15       been done in the past.  Many of us were here

        16       and voted for the original financial

        17       disclosure law a number of years ago, and

        18       there have been improvements along the way.

        19                  So I'm voting no, Mr. President, to

        20       override the Governor's veto.  But I feel in

        21       doing so I am voting yes for a better and

        22       stronger ethics bill in the very near future.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Seward will be voting yes and no.

        25                  (Laughter.)



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         1                  ACTING PRESIDENT BRESLIN:    Or no,

         2       excuse me, Senator Seward will be recorded in

         3       the negative.

         4                  SENATOR SEWARD:    Correct.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       Secretary will continue to read.

         7                  THE SECRETARY:    Senator Skelos.

         8                  SENATOR SKELOS:    Mr. President.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Skelos, to explain his vote.

        11                  SENATOR SKELOS:    Mr. President,

        12       in these days of high ethics and morality, I

        13       have to comment on this legislation and why

        14       I'm going to vote to sustain the Governor's

        15       veto.

        16                  When this bill first came to the

        17       floor for a vote, a number of amendments were

        18       put up by the Senate Republicans which we

        19       believe would have greatly improved the

        20       legislation.  Those amendments were defeated

        21       by the Democrats as they went lockstep with

        22       each other.

        23                  The people of this state are

        24       looking for openness, transparency, and

        25       greater accountability, more bipartisanship



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         1       and disclosure.  Last year's budget, which was

         2       negotiated behind closed doors, which

         3       increased taxes by $11 billion -- payroll

         4       taxes, license plate taxes, et cetera -- and

         5       spending increases by about $13 billion, we

         6       were told and the public was told that you

         7       didn't need Republicans in the room because

         8       ethic is controlled by Democrats in New York

         9       State.  And we saw the disaster, economic

        10       disaster of that approach.

        11                  What's happening today with the

        12       attempt to override the Governor's veto,

        13       now -- one of the individuals that was in the

        14       room -- it's been decided by the two

        15       legislative branches that they're not happy

        16       with him, that he's hurting politically, so

        17       they're going to just give it to him a little

        18       bit more.  Rather than sitting down with him

        19       and showing him the respect as Governor -- it

        20       could have been this afternoon, could have

        21       been tomorrow -- showing him the respect as

        22       Governor to sit down and at least afford him

        23       the opportunity to present his point of view

        24       in legislation and sit down with the four

        25       leaders, staff, and really discuss the



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         1       legislation to see if a compromise could be

         2       achieved.

         3                  Now, just about every newspaper in

         4       the state has weighed in against overriding

         5       the Governor's veto.  The Daily News said

         6       legislators should come up with something

         7       better.  The New York Times, which I know many

         8       of my good Democrat friends from Manhattan

         9       just do whatever it says -- they wake up with

        10       it, they go to sleep with it, they walk with

        11       it, they just follow that blindly --

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Skelos, how do you vote?

        14                  SENATOR SKELOS:    Excuse me?

        15                  ACTING PRESIDENT BRESLIN:    How do

        16       you vote?

        17                  SENATOR SKELOS:    Yeah, I'm just

        18       finishing my statement.  I think, Mr.

        19       President, a number of people went over the

        20       two minutes.  And this is an important piece

        21       of legislation, if I could comment.

        22                  ACTING PRESIDENT BRESLIN:

        23       There's been one who person who we identified

        24       going over, and you're the second.  So we'll

        25       let you finish.



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         1                  SENATOR SKELOS:    Thank you for

         2       the courtesy.

         3                  I'll go through them.  Syracuse 

         4       Post-Standard, Rochester Democrat & Chronicle,

         5       Albany Times Union, New York Post, Buffalo 

         6       News all said that it should not overridden

         7       and that we should sit down in a bipartisan

         8       way and make it a stronger bill.

         9                  Many of them have called for

        10       specific improvements.  For example, allowing

        11       the attorney general to be the chief

        12       enforcement officer.  Good government groups

        13       such as Common Cause have said it could be

        14       improved.  And the New York City Bar

        15       Association has also called for more

        16       disclosure by attorneys, basically saying that

        17       attorneys shouldn't be treated as a privileged

        18       class when it comes to disclosure.

        19                  So if the veto is sustained, I

        20       would hope that we can start negotiating five

        21       ways, in a bipartisan way, and really improve

        22       this legislation, because so many -- so many

        23       questions have been raised.  Enforcement --

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Skelos.



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         1                  SENATOR SKELOS:    -- in the Board

         2       of Elections, left to the Democrats.  Not the

         3       way to go.  That's not bipartisanship.

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Skelos, how do you vote?

         6                  SENATOR SKELOS:    So I thank you,

         7       Mr. President, again for the courtesy of

         8       allowing me to extend my comments a little

         9       longer than they should be, and I will be

        10       voting to sustain the Governor's veto.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Skelos will be recorded in the

        13       negative.

        14                  The Secretary will continue to

        15       read.

        16                  THE SECRETARY:    Senator Smith.

        17                  SENATOR SMITH:    Thank you very

        18       much, Mr. President.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Smith, to explain his vote.

        21                  SENATOR SMITH:    Yes,

        22       Mr. President, just very briefly.

        23                  While I understand the

        24       consternation that the minority has on this

        25       day, it is obvious from reading many



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         1       editorials that the people of the State of

         2       New York want us to do something.  When they

         3       talk about dysfunction, dysfunction is

         4       relative to not completing a task or not

         5       showing the effort to complete a task or not

         6       having the will to do so.

         7                  Senator Schneiderman, Senator

         8       Sampson and our colleagues here have worked

         9       hard -- Senator Squadron.  And while more

        10       needs to be done, at the end of the day the

        11       fact that we have a number of initiatives

        12       within this ethics bill that will tell the

        13       public that we are clear about their feelings

        14       about how this chamber is run, this is a day

        15       that I believe the override is in order.

        16                  Can we talk later with the Governor

        17       and the other side of the aisle?  Absolutely.

        18       It has been done for years where you will make

        19       one step to make two steps.

        20                  So I'm going to be voting aye,

        21       Mr. President.  And I would hope that there is

        22       at least one or two members on the other side

        23       of the aisle, our friends, who understand that

        24       this is not about show, this is about getting

        25       something done.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Smith will be recorded in the

         4       affirmative.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Senator Squadron.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Squadron, to explain his vote.

        10                  SENATOR SQUADRON:    Thank you,

        11       Mr. President.

        12                  I rise today in support of the

        13       override of the Governor's veto.  As has been

        14       pointed out, this bill is far from perfect.

        15       But it is also the farthest that Albany has

        16       ever gone.  And that's why I hope -- almost

        17       every member in this room voted for it just a

        18       couple of weeks ago.  Hopefully that wasn't

        19       just to talk about it, hopefully it wasn't

        20       just to get one good headline.  Hopefully it

        21       was because you believe as I do that this is

        22       actually about fundamentally how we function,

        23       which leads to our ability to make a

        24       difference in a state that desperately needs

        25       us right now.



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         1                  And let's be very clear, there's a

         2       lot more to do.  We need to be negotiating and

         3       working to do more immediately, without a

         4       doubt.  But a vote against the override is a

         5       vote for the status quo.  It is a vote for the

         6       weakest ethics oversight, campaign finance

         7       oversight in the nation.

         8                  And I don't think that's good

         9       enough.  It's certainly not the way that we're

        10       going to rise out of the old Albany tradition

        11       of failing to do important things, and it's

        12       not the way that we're going to recreate

        13       people's faith in our state government.

        14                  So I'll be disappointed if it

        15       doesn't pass today.  Hopefully we'll get a

        16       chance again in this term.  And I will vote

        17       yes.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Squadron will be recorded in the

        21       affirmative.

        22                  The Secretary will continue to

        23       read.

        24                  THE SECRETARY:    Senator

        25       Stachowski.



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         1                  SENATOR STACHOWSKI:    Yes.

         2                  THE SECRETARY:    Senator Stavisky.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Stavisky, to explain her vote.

         5                  SENATOR STAVISKY:    Yes, thank

         6       you, Mr. President.

         7                  I notice that the other side that

         8       brought up the issue of the amendments.  What

         9       I find amazing is that these amendments were

        10       not brought up last year or the year before or

        11       even the year before that.

        12                  In fact, as people have noticed,

        13       progress is often incremental.  A long journey

        14       begins with a single step.  And we have, I

        15       believe, had more progress in the last

        16       12 months than has existed in the last

        17       12 years.

        18                  I am not totally satisfied with

        19       this bill, but I don't think anybody is.  But

        20       that's not a reason not to enact it.  That is

        21       not a reason not to override the Governor's

        22       veto.

        23                  I vote aye.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Stavisky will be recorded in the



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         1       affirmative.

         2                  The Secretary will continue to

         3       read.

         4                  THE SECRETARY:    Senator

         5       Stewart-Cousins.

         6                  SENATOR STEWART-COUSINS:    Yes.

         7                  THE SECRETARY:    Senator Thompson.

         8                  SENATOR THOMPSON:    To explain my

         9       vote.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Thompson, to explain his vote.

        12                  SENATOR THOMPSON:    Yes, I think

        13       that it's unfortunate today that we are not

        14       going to have the votes to override the

        15       Governor.  I think it's unfortunate.

        16                  But I do want to just state for the

        17       record that since last year, this side of the

        18       aisle, with the help of votes on the other

        19       side of the aisle -- in some respects they

        20       have, and in some respects they have not --

        21       helped pass a number of other reforms.  And

        22       hopefully before this session is over this

        23       year, we will pass ethics reforms.

        24                  One of the things that was very

        25       important that this side of the aisle has been



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         1       concerned about was mortgage foreclosure

         2       reform.  The reform for the birth delivery

         3       rights for incarcerated women, I think it was

         4       the Unshackled bill that Senator Montgomery

         5       sponsored last year.  I didn't necessarily

         6       agree with this bill, I thought we could have

         7       done with it more transparency, but there was

         8       pension reform that was passed last year as

         9       well.

        10                  Something that many people wanted

        11       to see for a number of years was Rockefeller

        12       Drug Law reform.  I thought it could have been

        13       a little stronger, but I think it was a good

        14       bill and it helped many people.

        15                  So in the area of trying to help

        16       fix Albany, I think we made some progress.  We

        17       still have a long way to go.  And I hope that

        18       by the time this year is done that we will

        19       also enact more reform that we can do in a

        20       bipartisan way.  Thank you.

        21                  And I vote to support overriding

        22       the Governor.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Thompson will be recorded in the

        25       affirmative.



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         1                  The Secretary will continue to

         2       read.

         3                  THE SECRETARY:    Senator Valesky.

         4                  SENATOR VALESKY:    Yes,

         5       Mr. President, to explain my vote.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Valesky, to explain his vote.

         8                  SENATOR VALESKY:    I'll be

         9       supporting the override of the Governor's veto

        10       of this bill.

        11                  And just to correct what I believe

        12       may have been a misstatement earlier in regard

        13       to the position of some editorial boards

        14       around the state, the Syracuse Post-Standard,

        15       February 4th, title of the editorial:  "Don't

        16       let veto stand.  Ethics law not perfect, but

        17       it's better than the status quo."

        18                  I couldn't agree more.  I vote yes.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Valesky will be recorded in the

        21       affirmative.

        22                  The Secretary will continue to

        23       read.

        24                  THE SECRETARY:    Senator Volker.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator Volker, to explain his vote.

         2                  SENATOR VOLKER:    Mr. President,

         3       I'd just like to make a comment on some of the

         4       nonsense that has been spoken of in this

         5       state.

         6                  There are some Western states have

         7       no ethics and reporting statutes at all.  And

         8       New York has been way ahead of many of the

         9       states in the union in reporting and in ethics

        10       statutes.  The statute that we passed here

        11       some years ago, which has been in force for

        12       many years where there's been reporting -- the

        13       problem, by the way, is we're trying to

        14       compare it, for instance, with the federal

        15       legislation that is all one-sided reporting.

        16       And interestingly enough, the Supreme Court

        17       just threw it out.

        18                  I think if we're going to do a real

        19       ethics and responsible piece of legislation,

        20       we should all get together.  Let's get

        21       together and let's do it.  And let's what I

        22       call stop fooling around.

        23                  So I vote no.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Volker will be recorded in the



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         1       negative.

         2                  The Secretary will continue to

         3       read.

         4                  THE SECRETARY:    Senator Winner.

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Winner, to explain his vote.

         7                  SENATOR WINNER:    Thank you,

         8       Mr. President.

         9                  You know, a number of years ago,

        10       contrary to Senator Schneiderman had

        11       indicated, the Legislature did get together on

        12       a bipartisan basis and pass what was then

        13       heralded by Common Cause as being the

        14       strongest and the most effective and the most

        15       vigorous ethics legislation in the country.

        16                  And while things have changed over

        17       the years to a certain degree, do any of you

        18       really believe that in the event that this

        19       veto is overridden and this becomes law that

        20       Sheldon Silver will sit down and negotiate a

        21       stronger ethics bill?  I mean, that's

        22       preposterous.

        23                  So if the only way you're going to

        24       get him to the table and get the Assembly --

        25       which, by the way, for those of who you don't



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         1       know, is controlled by the Democrat Party in

         2       the state, notwithstanding some people that

         3       would like to forget that -- that the person

         4       who is blocking any further reform in the

         5       ethics arena is clearly the Speaker of the

         6       Assembly.

         7                  And as such, you know, if you

         8       sustain this veto, as we hope will happen

         9       today, that will encourage negotiations on a

        10       five-way basis to go forward, and you'll

        11       really get something done that you are

        12       purporting to say that you're really for.

        13                  I vote no.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Winner will be recorded in the

        16       negative.

        17                  The Secretary will continue to

        18       read.

        19                  THE SECRETARY:    Senator Young.

        20                  SENATOR YOUNG:    No.

        21                  ACTING PRESIDENT BRESLIN:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 35.  Nays,

        24       26.

        25                  ACTING PRESIDENT BRESLIN:    The



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         1       motion to override the veto fails.

         2                  Senator Addabbo.

         3                  SENATOR ADDABBO:    Mr. President,

         4       I move to reconsider the vote by which the

         5       override was lost.

         6                  ACTING PRESIDENT BRESLIN:    The

         7       Secretary will call the roll on

         8       reconsideration.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 35.  Nays,

        11       26.

        12                  ACTING PRESIDENT BRESLIN:    The

        13       motion to reconsider the vote was successful.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President, I

        16       now move to table the motion.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       motion is tabled.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, on

        21       behalf of Senator Sampson, I hand up the

        22       following leadership notice and ask that it be

        23       filed in the Journal.

        24                  ACTING PRESIDENT BRESLIN:    The

        25       Secretary will file it in the Journal.



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         1                  SENATOR KLEIN:    Mr. President,

         2       can you please recognize Senator Libous for

         3       their leadership notice.

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Libous.

         6                  SENATOR LIBOUS:    Thank you,

         7       Mr. President.  On behalf of Senator Skelos, I

         8       hand up the following committee and leadership

         9       changes.

        10                  ACTING PRESIDENT BRESLIN:    To be

        11       filed in the Journal.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Mr. President,

        14       may we go back to the order of motions and

        15       resolutions.

        16                  ACTING PRESIDENT BRESLIN:

        17       Returning to the order of motions and

        18       resolutions.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, on

        21       behalf of Senator Savino, I move that the

        22       following bills be discharged from their

        23       respective committees and be recommitted with

        24       instructions to strike the enacting clause:

        25       Senate Bill 6661.



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         1                  ACTING PRESIDENT BRESLIN:    So

         2       ordered.

         3                  SENATOR KLEIN:    Mr. President,

         4       can you please recognize Senator Libous.

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Libous.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.

         9                  On behalf of Senator Larkin, on

        10       page 8 I offer the following amendments to

        11       Calendar Number 2, Senate Print 1036, and ask

        12       that said bill retain its place, please, on

        13       the Third Reading Calendar.

        14                  ACTING PRESIDENT BRESLIN:

        15       Amendments received.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Mr. President, I

        18       just want to make an announcement on behalf of

        19       Senator Thompson.

        20                  We're going to postpone the planned

        21       conference, Democratic conference that we're

        22       planning after session today.

        23                  ACTING PRESIDENT BRESLIN:    The

        24       post-session Majority conference will be

        25       postponed today.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President, is

         3       there any further business at the desk?

         4                  ACTING PRESIDENT BRESLIN:    There

         5       is no further business at the desk.

         6                  SENATOR KLEIN:    There being none,

         7       I move that we adjourn until Tuesday,

         8       February 9th, at 3:00 p.m.

         9                  ACTING PRESIDENT BRESLIN:    There

        10       being no further business to come before the

        11       Senate, on motion, the Senate stands adjourned

        12       until Tuesday, February 9th, at 3:00 p.m.

        13                  (Whereupon, at 5:49 p.m., the

        14       Senate adjourned.)

        15

        16

        17

        18

        19

        20

        21

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