Regular Session - June 2, 2010

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 2, 2010

        11                       4:03 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, 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 STEWART-COUSINS:

         3       The Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Today's invocation will be provided by the

        11       Reverend Peter G. Young, of Mother Teresa

        12       Community in Albany.

        13                  REVEREND YOUNG:    Thank you,

        14       Senator.

        15                  As we have just celebrated Memorial

        16       Day, we must remember the symbol of our Empire

        17       State, that it is represented by our New York

        18       State in stained glass above the President's

        19       chair in this Senate chamber.  I draw your

        20       attention to it as a proud New York State

        21       American.

        22                  The State Seal has the motto

        23       "Excelsior" -- "ever upward" -- and it

        24       replaced the place of the crown in 1777.  Lady

        25       Liberty, with a peasant cap representing



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         1       democratic rule, has her left foot stepping on

         2       the crown, representing the rejection of

         3       royalty.

         4                  As citizens of the Empire State, we

         5       have been the leader with our constitution

         6       12 years before the federal Constitution.  As

         7       a national leader, You have given these

         8       Senators a great power and responsibility.  We

         9       pray that they will always work in Your image

        10       and honor for all of our New York State

        11       citizens.

        12                  Amen.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you, Father.

        15                  The reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Tuesday, June 1, the Senate met pursuant to

        19       adjournment.  The Journal of Monday, May 31,

        20       was read and approved.  On motion, Senate

        21       adjourned.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Without objection, the Journal stands approved

        24       as read.

        25                  May we please have order in the



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         1       chamber.

         2                  Presentation of petitions.

         3                  Messages from the Assembly.

         4                  Messages from the Governor.

         5                  Reports of standing committees.

         6                  Reports of select committees.

         7                  Motions and resolutions.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Madam President,

        10       I have several motions.

        11                  First, on behalf of Senator Foley,

        12       I wish to call up Print Number 6139, recalled

        13       from the Assembly, which is now at the desk.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       312, by Senator Foley, Senate Print 6139, an

        18       act to authorize.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Klein.

        21                  SENATOR KLEIN:    Madam President,

        22       I now move to reconsider the vote by which

        23       this bill was passed.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       The Secretary will call the roll on



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         1       reconsideration.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 58.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       I now offer the following amendments.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The amendments are received.

        10                  SENATOR KLEIN:    Madam President,

        11       on behalf of Senator Thompson, I wish to call

        12       up Print Number 3296G, recalled from the

        13       Assembly, which is now at the desk.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       399, by Senator Thompson, Senate Print 3296G,

        18       an act to amend the Environmental Conservation

        19       Law.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Klein.

        22                  SENATOR KLEIN:    Madam President,

        23       I now move to reconsider the vote by which

        24       this bill was passed.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The Secretary will call the roll on

         2       reconsideration.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 58.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Klein.

         7                  SENATOR KLEIN:    Madam President,

         8       I now offer the following amendments.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The amendments are received.

        11                  SENATOR KLEIN:    Madam President,

        12       on behalf of Senator Stachowski, I wish to

        13       call up Print Number 6277, recalled from the

        14       Assembly, which is now at the desk.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       306, by Senator Stachowski, Senate Print 6277,

        19       an act to amend the Highway Law.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Klein.

        22                  SENATOR KLEIN:    I now move to

        23       reconsider the vote by which this bill was

        24       passed.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The Secretary will call the roll on

         2       reconsideration.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 58.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Klein.

         7                  SENATOR KLEIN:    Madam President,

         8       I now offer the following amendments.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The amendments are received.

        11                  SENATOR KLEIN:    Madam President,

        12       I believe there are substitutions at the desk.

        13       I ask that we make the substitutions at this

        14       time.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The Secretary will read.

        17                  THE SECRETARY:    On page 6,

        18       Senator DeFrancisco moves to discharge, from

        19       the Committee on Finance, Assembly Bill Number

        20       8462A and substitute it for the identical

        21       Senate Bill Number 3248A, Third Reading

        22       Calendar 5.

        23                  On page 30, Senator Savino moves to

        24       discharge, from the Committee on Civil Service

        25       and Pensions, Assembly Bill Number 10770 and



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         1       substitute it for the identical Senate Bill

         2       Number 7611, Third Reading Calendar 594.

         3                  On page 33, Senator Espada moves to

         4       discharge, from the Committee on Finance,

         5       Assembly Bill Number 10728 and substitute it

         6       for the identical Senate Bill Number 6843,

         7       Third Reading Calendar 627.

         8                  And on page 36, Senator Morahan

         9       moves to discharge, from the Committee on

        10       Mental Health and Developmental Disabilities,

        11       Assembly Bill Number 10790 and substitute it

        12       for the identical Senate Bill Number 7254,

        13       Third Reading Calendar 660.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Substitutions ordered.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Madam President,

        18       can you please call on Senator Libous.  I

        19       believe he has a motion as well.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Libous.

        22                  SENATOR LIBOUS:    Thank you, Madam

        23       President.  I just dropped my glasses, so this

        24       will take a minute.  (Pause.)

        25                  Thank you for your patience.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Libous, that's okay.

         3                  SENATOR LIBOUS:    This is on

         4       behalf of Senator Marcellino.  I'd like to

         5       call up his bill, Print Number 6705, recalled

         6       from the Assembly, which is now at the desk.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       252, by Senator Marcellino, Senate Print 6705,

        11       an act to amend the Highway Law.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Libous.

        14                  SENATOR LIBOUS:    Madam President,

        15       I now move to reconsider the vote by which

        16       this bill was passed.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The Secretary will call the roll on

        19       reconsideration.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 58.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Libous.

        24                  SENATOR LIBOUS:    Madam President,

        25       I offer up the following amendments.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The amendments are received.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Madam President,

         5       there will be an immediate meeting of the

         6       Rules Committee in the Majority Conference

         7       Room.

         8                  Pending the return of the Rules

         9       Committee, may we please stand at ease.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       There will be an immediate meeting of the

        12       Rules Committee in Room 332.

        13                  Pending the return of the Rules

        14       Committee, the Senate will stand at ease.

        15                  (Whereupon, the Senate stood at

        16       ease at 4:09 p.m.)

        17                  (Whereupon, the Senate reconvened

        18       at 4:31 p.m.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Klein.

        21                  SENATOR KLEIN:    Madam President,

        22       I believe there's a report of the Rules

        23       Committee at the desk.  I ask that we adopt

        24       the report at this time.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       There is a report of the Rules Committee at

         2       the desk.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Senator Smith,

         5       from the Committee on Rules, reports the

         6       following bill direct to Third Reading:

         7                  Senate Print 8008, by the Senate

         8       Committee on Rules, an act to amend the

         9       Economic Development Law.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       All those in favor of adopting the Rules

        12       Committee report please signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The Rules Committee report is adopted.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Madam President,

        21       at this time can we please go to a reading of

        22       the calendar.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       329, by Senator Huntley, Senate Print 3119B,

         2       an act to amend the Vehicle and Traffic Law.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       432, by Senator L. Krueger, Senate Print

        18       4781A, an act to amend the Uniform City Court

        19       Act and others.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Read the last section.

        22                  THE SECRETARY:    Section 12.  This

        23       act shall take effect on the first of

        24       September.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 61.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       542, by Member of the Assembly Canestrari,

        10       Assembly Print Number 9959, an act to amend

        11       Chapter 20 of the Laws of 1998 amending the

        12       Education Law.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 61.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       545, by Senator Espada, Senate Print 7420, an

         2       act to amend the Private Housing Finance Law.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Read the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Call the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       561, by Senator Breslin, Senate Print 1803C,

        17       an act to amend the Insurance Law.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Read the last section.

        20                  THE SECRETARY:    Section 5.  This

        21       act shall take effect on the first of January.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 61.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       563, by Member of the Assembly --

         7                  SENATOR KLEIN:    Lay the bill

         8       aside for the day, please.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The bill is laid aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       589, by Member of the Assembly Weinstein,

        13       Assembly Print Number --

        14                  SENATOR KLEIN:    Lay the bill

        15       aside for the day, please.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The bill is laid aside for the day.

        18                  THE SECRETARY:    Calendar Number

        19       591, by Senator Savino, Senate Print 5532A, an

        20       act to amend the Retirement and Social

        21       Security Law.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Read the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       592, by Senator Savino, Senate Print 6966, an

        11       act to amend the Civil Service Law.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 61.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       594, substituted earlier today by Member of



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         1       the Assembly Abbate, Assembly Print Number

         2       10770, an act to amend the Administrative Code

         3       of the City of New York.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Read the last section.

         6                  THE SECRETARY:    Section 5.  This

         7       act shall take effect July 1, 2010.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       595, by Senator L. Krueger, Senate Print 3853,

        18       an act to amend the Real Property Tax Law.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Read the last section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect on the 30th day.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Call the roll.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 61.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       599, by Senator Breslin, Senate Print 6419A,

         8       an act to amend the Town Law.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Read the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 61.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The bill is passed.

        21                  Senator Klein, that completes the

        22       reading of the noncontroversial calendar.

        23                  SENATOR KLEIN:    Madam President,

        24       can we please go to a reading of the Senate

        25       supplemental calendar.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       705, by the Senate Committee on Rules, Senate

         5       Print 8008, an act to amend the Economic

         6       Development Law.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Read the last section.

         9                  THE SECRETARY:    Section 6.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  SENATOR MAZIARZ:    Madam

        15       President, to explain my vote.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Maziarz, to explain his vote.

        18                  SENATOR MAZIARZ:    Thank you very

        19       much, Madam President.

        20                  This is the -- I think a two-week

        21       extender to the Power for Jobs program, a very

        22       valuable program.  It provides low-cost

        23       hydropower produced at Niagara and

        24       St. Lawrence to almost 500 businesses in

        25       New York State.



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         1                  And we in this Senate, there's one

         2       thing -- after a day like yesterday -- I think

         3       we could truly point to with a great deal of

         4       pride, that we in the Senate have worked

         5       together, both sides of the aisle, to come up

         6       with what the people in business, the people

         7       in labor, the people in the field of energy

         8       all agree is a very good compromise.

         9                  It protects those industries that

        10       currently get an allocation of Power for Jobs;

        11       it expands the pool of companies in New York,

        12       particularly manufacturing companies, that

        13       will be eligible for Power for Jobs; it

        14       protects upstate residential ratepayers in the

        15       three utility districts -- National Grid,

        16       RG&E, and New York State Gas and Electric.

        17       And we did this in a very professional,

        18       bipartisan manner here.

        19                  The real problem is not in this

        20       house but over in the other house, where they

        21       just can't seem to negotiate, they don't want

        22       to, it appears to me, to negotiate any kind of

        23       a final agreement.  They just want to keep

        24       extending and extending and extending.

        25                  So I think that we clearly should



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         1       do this for those almost 500 businesses.  But

         2       I do think that we have to draw a line

         3       somewhere and say that we are not going to go

         4       any further with this.

         5                  So, Madam President, I vote in the

         6       affirmative.  Thank you.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Maziarz to be recorded in the

         9       affirmative.

        10                  Senator Griffo, to explain his

        11       vote.

        12                  SENATOR GRIFFO:    Thank you,

        13       Madam President.

        14                  I agree with Senator Maziarz, and I

        15       do believe that we are working very hard in

        16       this house to try and find common ground.

        17                  In fact, in the first Energy

        18       Committee that we began to discuss the

        19       possibility of a short-term extender, I warned

        20       that it should be a longer version of that,

        21       because if we only go in these two-week

        22       increments that we're going to see problems,

        23       particularly in the other house.

        24                  I'm also concerned about the

        25       Governor and his position.  There's some



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         1       indication that there may be an unwillingness

         2       to sign any extender.  And I would hope that

         3       he would not jeopardize all of these important

         4       manufacturers who are relying upon this.  And

         5       when we're at a time when we are concerned

         6       about jobs and the future of our economy, I

         7       would hope that he would continue to support

         8       this as we try to work on a product and a

         9       final bill that will bring Power for Jobs into

        10       a permanent policy.

        11                  So I will be voting yes today, and

        12       I'm hopeful that we can get everybody to

        13       continue to be focused and supportive of the

        14       initiative of Power for Jobs in a permanent

        15       perspective.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Griffo to be recorded in the

        18       affirmative.

        19                  Senator DeFrancisco, to explain his

        20       vote.

        21                  SENATOR DeFRANCISCO:    Thank you.

        22                  I also am going to vote aye on this

        23       bill, but there's a point that I made before

        24       and I just want to reemphasize it, is there's

        25       just so much power that's being allocated for



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         1       jobs.  There's a limited number of kilowatts,

         2       and we've got to use it most effectively.

         3                  And the most effective way to use

         4       this is by assisting manufacturing companies,

         5       those that provide the greatest, the best

         6       jobs.  They also provide the spinoffs for

         7       other companies that do business for the

         8       manufacturing companies.

         9                  And I would hope that as the

        10       negotiations go forward that we restrict the

        11       eligibility to manufacturing companies, as

        12       opposed to arts organizations or nonprofit

        13       organizations or universities and the like.  I

        14       just don't think that with the limited amount

        15       of power that we should not use it for the

        16       biggest bang for the buck; namely,

        17       manufacturers.  So I vote aye with that

        18       understanding.

        19                  Thank you, Madam President.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator DeFrancisco to be recorded in the

        22       affirmative.

        23                  Senator Libous, to explain his

        24       vote.

        25                  SENATOR LIBOUS:    Madam President,



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         1       thank you.

         2                  I stand frustrated on this piece of

         3       legislation.  As I said the first time when

         4       Senator Aubertine had a bill on the floor

         5       about a month ago, I said that this was not

         6       real because there's no bill in the Assembly

         7       and we're giving false hope to businesses.

         8       Then we did an extender and the Assembly did

         9       an extender.

        10                  This is what's wrong with state

        11       government, Madam President.  You know, today

        12       I would applaud Senator Maziarz because at

        13       least this house, together, is trying to move

        14       Power for Jobs forward in a permanent way.

        15       But the Assembly, Madam President, fails to

        16       negotiate, fails to work with Senator Maziarz,

        17       the chairman of the Energy Committee, to move

        18       forward on this issue.

        19                  And it seems like every time this

        20       house begins to move forward on an issue, the

        21       Assembly stalls.  And that's what's wrong with

        22       state government.  That's what the people

        23       outside of these walls, the people who live in

        24       New York State, are frustrated with.  June

        25       1st, no budget, and here we are again, another



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         1       Power for Jobs extender.

         2                  So I stand with my colleagues

         3       today.  I'm going to support this because it's

         4       good for New York.  And I say thank you to the

         5       members of this chamber for at least trying to

         6       put an initiative forward.

         7                  Madam President, the Assembly has

         8       to pay attention to what we're doing here.

         9       Because if they don't want to cooperate and

        10       negotiate, the state will continue to be

        11       dysfunctional.  I will vote aye.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Libous to be recorded in the

        14       affirmative.

        15                  Are there any other Senators

        16       wishing to explain his or her vote?

        17                  Announce the results.

        18                  THE SECRETARY:    Ayes, 61.  Nays,

        19       0.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The bill is passed.

        22                  Senator Klein, that completes the

        23       reading of the noncontroversial supplemental

        24       active list.

        25                  SENATOR KLEIN:    Madam President,



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         1       is there any further business at the desk?

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Klein, the desk is clear.

         4                  SENATOR KLEIN:    There being no

         5       further business, Madam President, I move that

         6       we adjourn until Thursday, June 3rd, at

         7       10:00 a.m.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       There being no further business to come before

        10       the Senate, on motion, the Senate stands

        11       adjourned until Thursday, June 3rd, at

        12       10:00 a.m.

        13                  (Whereupon, at 4:42 p.m., the

        14       Senate adjourned.)

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