Regular Session - July 1, 2010

                                                            7590



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     July 1, 2010

        11                      10:35 a.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       In the absence of clergy, may we all bow our

        11       heads in a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The reading of the Journal.

        16                  The Secretary will read.

        17                  THE SECRETARY:    In Senate,

        18       Wednesday, June 30, the Senate met pursuant to

        19       adjournment.  The Journal of Tuesday, June 29,

        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                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Madam President,

        10       I believe there are substitutions at the desk,

        11       I ask that we make the substitutions at this

        12       time.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Secretary will read.

        15                  THE SECRETARY:    On page 14,

        16       Senator Addabbo moves to discharge, from the

        17       Committee on Rules, Assembly Bill Number 3871B

        18       and substitute it for the identical Senate

        19       Bill Number 4755A, Third Reading Calendar 417.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Substitution ordered.

        22                  THE SECRETARY:    And on page 28,

        23       Senator Schneiderman moves to discharge, from

        24       the Committee on Rules, Assembly Bill Number

        25       8684B and substitute it for the identical



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         1       Senate Bill Number 7515A, Third Reading

         2       Calendar 1235.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Substitution ordered.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

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

         8       the calendar.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       196, by Senator Savino, Senate --

        13                  SENATOR KLEIN:    Lay the bill

        14       aside temporarily, please.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The bill is laid aside temporarily.

        17                  THE SECRETARY:    Calendar Number

        18       298, by Senator Parker, Senate Print 3601D, an

        19       act to amend the Social Services Law.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 298 are

         6       Senators Bonacic, DeFrancisco, Farley, Golden,

         7       Griffo, O. Johnson, Larkin, LaValle, Leibell,

         8       Libous, Nozzolio, Ranzenhofer, Saland, Skelos

         9       and Winner.

        10                  Ayes, 37.  Nays, 15.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       317, by Senator Perkins, Senate Print 5057B,

        15       an act to amend the Public Service Law.

        16                  SENATOR LIBOUS:    Lay it aside.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       547, by Senator Savino, Senate Print 2978B, an

        21       act to amend the Workers' Compensation Law.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Read the last section.

        24                  THE SECRETARY:    Section 4.  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                  SENATOR LIBOUS:    Lay it aside.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is laid aside.

         9                  THE SECRETARY:    Calendar Number

        10       1112, by Senator Stachowski, Senate Print

        11       7865A, an act in relation to requiring a study

        12       and report.

        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                  THE SECRETARY:    Ayes, 52.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1277, by Senator --

        25                  SENATOR MAZIARZ:    Lay it aside.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is laid aside.

         3                  SENATOR MAZIARZ:    Lay the bill

         4       aside for the day, please.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The bill is laid aside for the day.

         7                  THE SECRETARY:    Calendar Number

         8       1356, by Senator Montgomery, Senate Print

         9       8132A, an act to amend the Social Services Law

        10       and the Domestic Relations Law.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Read the last section.

        13                  THE SECRETARY:    Section 4.  This

        14       act shall take effect on the 90th day.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 51.  Nays,

        21       1.  Senator Winner recorded in the negative.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1371, by Senator Schneiderman --



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         1                  SENATOR LIBOUS:    Lay it aside.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       1372, by Senator Sampson, Senate Print 8391,

         6       an act to amend a chapter of the Laws of 2010

         7       amending the Domestic Relations Law.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Read the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Call the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 52.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       1405, by --

        22                  SENATOR LIBOUS:    Lay it aside.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The bill is laid aside.

        25                  Senator Klein, that completes the



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         1       reading of the noncontroversial calendar.

         2                  SENATOR KLEIN:    Madam President,

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

         4       the controversial calendar.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The Secretary will ring the bell.  Members are

         7       all asked to come to the chamber for the

         8       reading of the controversial calendar.

         9                  The Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       317, by Senator Perkins, Senate Print 5057B,

        12       an act to amend the Public Service Law.

        13                  SENATOR LIBOUS:    Explanation.

        14                  SENATOR PERKINS:    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       547, by Senator Savino, Senate Print 2978B, an

        20       act to amend the Workers' Compensation Law.

        21                  SENATOR LIBOUS:    Explanation.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Savino, an explanation has been

        24       requested.

        25                  SENATOR SAVINO:    Yes, Madam



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         1       President.

         2                  This bill is the Injured Workers

         3       Pharmacy Bill.  As you all know, in 2007 the

         4       State of New York reformed the Workers'

         5       Compensation Law and made significant and

         6       important changes to the Workers' Compensation

         7       Law; specifically, the creation of a

         8       pharmaceutical fee schedule that would result

         9       in significant savings to the State of

        10       New York.

        11                  However, when they did enact that

        12       law, they also restricted the ability of

        13       injured workers to purchase drugs from an

        14       independent pharmacist, driving them all to

        15       mostly what has become chain stores.

        16                  The independent pharmacists have

        17       worked with myself and other members of the

        18       Department of Labor to come up with a way to

        19       allow them access to this again.  And

        20       principal to this is they have to agree to

        21       accept the reduced-fee schedule in exchange.

        22       So this would allow an injured worker to

        23       utilize a pharmacy of their choice and still

        24       achieve the savings.

        25                  I understand the Business Council



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         1       has had some concern about this, and I met

         2       with them several times.  In fact, they

         3       offered to amend the language of the bill, and

         4       they never then did submit the amendment.

         5                  But the bill does say that the

         6       independent pharmacist has to accept the

         7       reduced-fee schedule.  And all we're trying to

         8       do is give options to injured workers so that

         9       if they have a relationship with a pharmacist

        10       in their community, that they can continue to

        11       go there.

        12                  We think it's a good thing for the

        13       injured worker, and we also think it's a good

        14       thing for the independent pharmacists, who are

        15       usually small businessmen who are established

        16       in communities and they're seeing more and

        17       more of their business being driven to the

        18       large chain pharmacists.

        19                  And what happens when you now have

        20       to go to a CVS or a Rite-Aid to pick up your

        21       prescriptions that come as a result of your

        22       workers' compensation case, the likelihood is

        23       you'll transfer all your prescriptions, taking

        24       more business from that independent

        25       pharmacist.  And while you're in that CVS or



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         1       Rite-Aid or Walgreens, you're going to buy

         2       your other items in that store, again taking

         3       more business away.

         4                  So we're trying to give choice to

         5       injured workers and independent pharmacists,

         6       to allow them to remain competitive in the

         7       system, and still find a way to keep the costs

         8       down.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Thank you, Senator.

        11                  Senator Hannon, why do you rise?

        12                  SENATOR HANNON:    Would Senator

        13       Savino yield.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Savino, do you yield for a question?

        16                  SENATOR SAVINO:    Yes.

        17                  SENATOR HANNON:    Senator Savino,

        18       let me just -- I'd like to get straight the

        19       mechanism that you're trying to put in place.

        20                  As I understand it, the current

        21       system is that whoever is the workers'

        22       compensation insurance carrier will make

        23       arrangements with one or more pharmacies to

        24       provide the drugs to whoever is covered by

        25       that insurance.  Is that correct?



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         1                  SENATOR SAVINO:    Through you,

         2       Madam President, yes.  And in exchange for

         3       that, they also agree to a reduced

         4       reimbursement rate for those particular drugs.

         5       Which the independent pharmacist couldn't

         6       compete with.

         7                  SENATOR HANNON:    Will you yield

         8       again?

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Savino, do you continue to yield?

        11                  SENATOR SAVINO:    Yes, Madam

        12       President.

        13                  SENATOR HANNON:    And I would

        14       presume that the pharmacy that accepts the

        15       reduced rate is doing so because the carrier

        16       says to them "I'll give you a high volume of

        17       prescriptions that you have to fill."

        18                  SENATOR SAVINO:    Through you,

        19       Madam President, you're probably correct in

        20       assuming that.

        21                  SENATOR HANNON:    Well -- will you

        22       yield again?

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Savino, do you continue to yield?

        25                  SENATOR SAVINO:    Yes, Madam



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         1       President.

         2                  SENATOR HANNON:    Would there be

         3       any other reason that a large pharmacy would

         4       just give a reduced rate other than being told

         5       "You will get a very high volume of

         6       prescriptions to fill"?

         7                  SENATOR SAVINO:    Senator Hannon,

         8       I honestly couldn't answer that question.  But

         9       I'm sure they feel they'll make up the reduced

        10       rate in other ancillary purchases in their

        11       store.

        12                  As you know, most of these large

        13       chain pharmacies are somewhat like small

        14       supermarkets.  So if they're forced to accept

        15       a reduced rate on the drugs, they're going to

        16       make it up on all other purchases.  So it's a

        17       calculated business decision on their part.

        18                  SENATOR HANNON:    Will you

        19       continue to yield?

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Savino, do you continue to yield?

        22                  SENATOR SAVINO:    Yes, Madam

        23       President.

        24                  SENATOR HANNON:    So I could

        25       postulate, I could assume that there is an



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         1       economic relationship between the rate that is

         2       given and the rate that the carrier offers.

         3                  SENATOR SAVINO:    I would probably

         4       agree with that assumption.

         5                  SENATOR HANNON:    Okay, thank you.

         6                  On the bill.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Hannon, on the bill.

         9                  SENATOR HANNON:    I love

        10       independent pharmacists.  They do an enormous

        11       amount of very good work.  They actually do

        12       probably better service to neighborhoods than

        13       any of the big chains do.  But this bill is

        14       one of the bills that comes under the category

        15       of all willing provider.

        16                  Now, we have other bills on the

        17       calendar, there's something to do with

        18       clinical laboratories, there's others that

        19       we've dealt with from Senator Kruger, dental

        20       devices.  It's all the economic engine goes

        21       through between people who make contracts to

        22       provide services.  When you make a contract

        23       and you're given a high volume, you can give a

        24       reduced rate.

        25                  Now, we then have people who don't



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         1       get a chance to make those contracts come to

         2       us and say, Hey, we'll meet that price if you

         3       will let us in -- let us into the pharmacy,

         4       let us into the laboratory, let us into

         5       providing the devices, whatever it is.

         6                  The difficulty you have is that

         7       once you let the people in, then no longer do

         8       the big contracts exist because no longer can

         9       those big contracts guarantee a high volume.

        10       And once you no longer have that high volume,

        11       all the prices are going to go up.  And

        12       therefore, whoever's paying the tab -- whether

        13       it be Medicaid, whether it be a private

        14       insurer, whether it be the state government --

        15       we then pay.  And it becomes more costly.

        16                  So it's a very difficult thing in

        17       the very first instance when the outsiders --

        18       in this case, the independent pharmacists, but

        19       it could be labs, it could be durable medical

        20       equipment, any number of different things.  It

        21       keeps popping up.  And that's why I'm taking

        22       the time to go through to the core of this.

        23                  It's very difficult to say "I'm

        24       sorry, but we have to let the economy work."

        25       And it makes more sense for me to make this



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         1       argument at a time when we're so financially

         2       strapped, because a couple of years ago it

         3       seemed like you're just being a Scrooge.  But

         4       you have to let that engine work.

         5                  So I can't agree with going along

         6       with your proposal.  I know it's

         7       well-intentioned; you want to give greater

         8       convenience to the injured worker.  But in

         9       this case getting the coverage at an

        10       affordable price is really the convenience you

        11       want to deliver to someone who is that injured

        12       worker, and therefore I don't think this is a

        13       wise bill.

        14                  Thank you very much, Madam

        15       President.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you, Senator.

        18                  Are there any other Senators

        19       wishing to be heard on the bill?

        20                  Senator Padavan.

        21                  SENATOR PADAVAN:    If the Senator

        22       would yield.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Savino, would you yield for a

        25       question?



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         1                  SENATOR SAVINO:    Yes, Madam

         2       President.

         3                  SENATOR PADAVAN:    This bill

         4       also -- I'm reading here from the memo -- also

         5       removes the restriction that the

         6       administrative expenses of the disability fund

         7       shall not exceed 25 percent of the premiums

         8       earned by the fund.  As I recall, that was

         9       part of the 2007 reform which enhanced the

        10       ability of the disability fund to do what it's

        11       intended to do.

        12                  Now, what does this mean in your

        13       bill?  Why do you want have the administrative

        14       fund costs exceed 25 --

        15                  SENATOR SAVINO:    This provision,

        16       Senator Padavan, was agreed to by the State

        17       Insurance Fund.

        18                  SENATOR PADAVAN:    Would you yield

        19       again.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Savino, do you continue to yield?

        22                  SENATOR SAVINO:    Yes.

        23                  SENATOR PADAVAN:    Whether it's

        24       agreed to or not, a cap of administrative

        25       costs was put on in 2007 to maintain the



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         1       viability of the fund, enhance their ability

         2       to provide assistance to those who are

         3       disabled.  Why do we now want to eliminate

         4       that threshold?

         5                  SENATOR SAVINO:    Through you,

         6       Madam President, the State Insurance Fund took

         7       the position that we should delete the

         8       language of the administrative expenditures to

         9       25 percent of the premiums because the last

        10       disability benefit increase was in 1989 and,

        11       according to them, it was difficult for the

        12       fund to administer this in 2010 at this rate.

        13       So this was their opinion on this particular

        14       issue.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator.

        17                  Are there any other Senators

        18       wishing to be heard on this bill?

        19                  Senator McDonald.

        20                  SENATOR McDONALD:    Thank you,

        21       Madam President.

        22                  As so often, a wonderful bill,

        23       sometimes it's difficult please all the

        24       different constituencies.  I have a wonderful

        25       company that invested a substantial amount of



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         1       money and employs a substantial amount of

         2       people in my district, Express Scripts.  It's

         3       about 375 people.  They're in a growth mold.

         4       They're all local people.  It's headquartered

         5       outside the state, and this is the regional

         6       headquarters in this part of the country.

         7                  And their pharmacists are all local

         8       people, all Albany College of Pharmacy

         9       graduates.  And I've had the opportunity to

        10       visit them on more than one occasion, and it's

        11       simply amazing where they located in downtown

        12       Troy, in an old industrial building that's

        13       been remodelled as part of urban renewal, as

        14       part of recapping economic vitality in a

        15       wonderful city which happens to be my

        16       hometown.

        17                  So many of these people could be

        18       impacted by this.  It would be my advice,

        19       before we start discouraging companies, to get

        20       a greater understanding of what we're talking

        21       about and the economic impacts, positive or

        22       negative, and try find something that does not

        23       stifle competition, okay -- price competition,

        24       especially, and at the same time protects all

        25       the wonderful professionals that we have in



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         1       this area.  Which I might add are home-grown.

         2                  Thank you.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Thank you, Senator.

         5                  Are there any other Senators

         6       wishing to be heard?

         7                  Senator O. Johnson, on the bill.

         8                  SENATOR JOHNSON:    Yes, thank you,

         9       Madam President.

        10                  I'd like to congratulate Senator

        11       Savino on this bill.  It makes all kinds of

        12       sense in the world to let people buy the drugs

        13       in their local pharmacy which they deal with

        14       over the years, perhaps, which is a local

        15       business in the community.  If they can match

        16       the same price as the contract, then certainly

        17       they should be able to buy the drugs there.

        18                  And I see no reason to object to

        19       this bill.  I think it's a very enlightened

        20       bill.  Small business is the heart of our

        21       communities.  We have to help them stay alive.

        22       Thank you.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Thank you, Senator Johnson.

        25                  Are there any other Senators



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         1       wishing to be heard?

         2                  Hearing none, the debate is closed.

         3       The Secretary will please ring the bell.

         4                  Read the last section.

         5                  THE SECRETARY:    Section 4.  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       Senator Marcellino, to explain his vote.

        12                  SENATOR MARCELLINO:    Yes, Madam

        13       President, thank you.  To explain my vote.

        14                  I intend to support this

        15       legislation.  Sometime ago the Health

        16       Department had an Internet device that you

        17       could go on it and punch in a pharmacy and it

        18       would come up with the pharmacy, wherever the

        19       location was, and you could figure out certain

        20       typical drugs by typical dosages that were

        21       used in prescriptions and find the best price

        22       in your area.

        23                  I got on it because I figured I

        24       wanted to offer it to my constituents to see

        25       if they wanted to use it and would take



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         1       advantage of it, and I found something very

         2       interesting.  In this same pharmacy, a chain,

         3       a large chain, the same prescription, the same

         4       dosage of that prescription, the cost at one

         5       part of my district was $15.85 for that

         6       prescription; the cost in the same chain of

         7       drugstores -- different store, obviously -- in

         8       a different part of the district was $225 for

         9       that same prescription, dosage, whatever.

        10                  So it piqued my curiosity as to

        11       maybe that was just a freak, but I found out I

        12       couldn't find, of these big chains, a common

        13       or within a reasonable range of price on a

        14       prescription for the same drug.  They varied

        15       widely from store to store.

        16                  Anything, in my mind, that brings

        17       competition in, that helps bring back some of

        18       the smallest stores which have mostly

        19       disappeared in our communities -- and I think,

        20       like my colleague Senator Owen Johnson, that

        21       that's a shame.  Anything that brings that

        22       competition back and encourages those small

        23       stores to come back is a good thing.  I'm

        24       going to support this bill in the hopes that

        25       that happens.



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         1                  Thank you, Madam President.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Marcellino to be recorded in the

         4       affirmative.

         5                  Senator Little, to explain her

         6       vote.

         7                  SENATOR LITTLE:    Thank you, Madam

         8       President.

         9                  One thing that we're not talking

        10       about that is in this bill that I think is a

        11       really good idea is that the initial fill of a

        12       prescription cannot be for more than 14 days

        13       within the first 72 hours of the initial

        14       medical care.

        15                  This is called like a trial

        16       prescription.  And there's a tremendous amount

        17       of savings to be gained by doing this so that

        18       we see if the medication works and then the

        19       person does go back to the pharmacy, talk to

        20       the pharmacist again before they get it.

        21                  This has been proposed before by

        22       some of the pharmacists in my district.  I'm

        23       really happy to see it in the bill.  I vote

        24       aye.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Senator Little to be recorded in the

         2       affirmative.

         3                  Are there any other Senators

         4       wishing to be explain his or her vote?

         5                  Announce the results.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 547 are

         8       Senators Hannon, McDonald and Volker.

         9                  Absent from voting:  Senators Alesi

        10       and Montgomery.

        11                  Ayes, 56.  Nays, 3.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1371, by Senator Schneiderman, Senate Print

        16       8379A, an act to amend the Labor Law.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Are there any Senators wishing to be heard?

        19                  Hearing none, the debate is closed.

        20       The Secretary will please ring the bell.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 10.  This

        23       act shall take effect on the 90th day.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 1371 are

         6       Senators Bonacic, DeFrancisco, Farley,

         7       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         8       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         9       Libous, Little, Marcellino, Maziarz, McDonald,

        10       Nozzolio, Ranzenhofer, Robach, Saland, Seward,

        11       Skelos, Volker, Winner and Young.

        12                  Absent from voting:  Senators Alesi

        13       and Montgomery.

        14                  Ayes, 32.  Nays, 27.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1405, by Senator Parker, Senate Print 8389, an

        19       act to amend the Public Service Law and the

        20       State Finance Law.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator DeFrancisco, why do you rise?

        23                  SENATOR DeFRANCISCO:    A point of

        24       order.

        25                  I understand this is the last bill



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         1       on the calendar, is that correct, the

         2       controversial calendar?

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Yes, the last one on the controversial

         5       calendar.

         6                  SENATOR DeFRANCISCO:    I don't see

         7       a revenue bill for the budget on the calendar.

         8       And I understand -- I've got the Assembly's

         9       calendar here, and there's a budget bill,

        10       9710D, which is the revenue bill.  And I'm

        11       wondering why we don't have the most important

        12       bill, the balance of the budget, here today

        13       before the 4th of July, some three months

        14       after April 1.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator DeFrancisco, your point of order is

        17       out of order.

        18                  Is there a rule that you'd want to

        19       refer to?  Otherwise we'll continue with this

        20       last bill.

        21                  SENATOR DeFRANCISCO:    Yes, there

        22       is a rule I want to refer to, and that's the

        23       rule that requires a budget by April 1, and

        24       also the rule of reason.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Senator DeFrancisco, you're out of order.

         2       Thank you.

         3                  SENATOR DeFRANCISCO:    Well, thank

         4       you.  And I just -- my final point is simply

         5       that --

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you.

         8                  SENATOR DeFRANCISCO:    -- it's

         9       amazing that we're doing these bills and we're

        10       going to go home --

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The Secretary will read.

        13                  SENATOR DeFRANCISCO:    -- with the

        14       budget undone.  Thank you.

        15                  THE SECRETARY:    Calendar Number

        16       1405, by Senator Parker, Senate Print 8389, an

        17       act to amend the Public Service Law and the

        18       State Finance Law.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Are there any Senators wishing to be heard on

        21       the bill?

        22                  Hearing none, the debate is closed.

        23       The Secretary will please ring the bell.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 3.  This



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         1       act shall take effect on the same date and in

         2       the same manner as a chapter of the Laws of

         3       2010.

         4                  SENATOR LIBOUS:    Madam President.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Yes, Senator Libous.

         7                  SENATOR LIBOUS:    I just want to

         8       explain my vote.

         9                  For point of information, I voted

        10       yes on this bill last time.  But I just wanted

        11       to make note that Alesi, DeFrancisco, Farley,

        12       Flanagan, Golden, Johnson, Lanza, Leibell,

        13       Little, Maziarz, Nozzolio, Ranzenhofer,

        14       Robach, Skelos and Young voted no the last

        15       time this bill was up, just for a reminder.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you, Senator Libous.

        18                  Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator DeFrancisco, to explain his vote.

        22                  SENATOR DeFRANCISCO:    Yes, this

        23       Senator Parker bill has several financial --

        24       it appears that it creates something -- a

        25       utility intervenor account under the State



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         1       Finance Law.

         2                  And I think there's a much more

         3       important finance issue that we have to debate

         4       today, and that is the budget of the State of

         5       New York, and complete that budget by way of

         6       dealing with the revenue bill that's on the

         7       calendar in the Assembly.

         8                  It's now over three months late,

         9       this budget of ours.  The budget, supposedly

        10       there was some type of agreement between

        11       behind closed doors.  But whatever that

        12       agreement was, shouldn't we at least be able

        13       to consider this bill today before the Senate

        14       majority Democrats have us go home for the

        15       weekend and go home till whenever, to discuss

        16       a bill that's already in print?

        17                  Let's debate it.  Let's have the

        18       debate today.  Then if people around aren't

        19       sure of what their votes are, they can

        20       cogitate over the weekend or whatever they do

        21       over the weekend and try to figure out what

        22       the best thing to do on this budget.  But we

        23       should be debating it rather than delaying it

        24       over a weekend.

        25                  So I can't vote for a bill dealing



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         1       with the Finance Law of the State of New York,

         2       or any other bill, until we deal with the

         3       revenue bill that should be on the calendar

         4       today like it is in the Assembly.

         5                  Thank you, Madam President.  I vote

         6       no.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator DeFrancisco to be recorded in the

         9       negative.

        10                  Senator Little, to explain her

        11       vote.

        12                  SENATOR LITTLE:    Thank you, Madam

        13       President.

        14                  I also am voting no on this bill,

        15       as I did on the other intervenor bill, because

        16       I believe that there's a cost to it.  A cost

        17       to the company, maybe not a cost to the state.

        18                  But I would also like to point out

        19       that the fact that we are not voting today on

        20       the final revenue bill and we may have to come

        21       back next week, I think we need to consider

        22       the cost to the state of us coming back

        23       another day rather than making the decision,

        24       difficult as it may be, making that decision

        25       today and saving the taxpayers of the State of



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         1       New York money.

         2                  I would hope that a decision would

         3       be made to stay here today and do the revenue

         4       bill today.  Because just like businesses need

         5       to cut their costs and be efficient, so does

         6       the State of New York.

         7                  Thank you.  I vote no.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Little to be recorded in the negative.

        10                  Senator Bonacic, to explain his

        11       vote.

        12                  SENATOR BONACIC:    Thank you,

        13       Madam President.

        14                  I too am very disturbed today about

        15       considering the cost measure on this bill when

        16       our top priority should be to finish this

        17       budget, which is being done today in the

        18       Assembly.

        19                  And when Senator DeFrancisco stood

        20       up to talk about the urgency of the revenue

        21       bill, I think he was told basically that he

        22       couldn't speak on it and they closed him down.

        23                  I wrote to the Governor, to Senator

        24       Sampson, and Speaker Silver.  This is not

        25       about a delay in the budget.  Let me tell you



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         1       a real-life story.  Gateway Industries employs

         2       220 people in Ulster County.  They serve the

         3       disabled.  They cannot meet payroll if this

         4       budget does not get done by the end of this

         5       month.

         6                  So it's not the cost only of

         7       bringing us back at a per diem, it's hurting

         8       all the not-for-profits by an inability to

         9       act.  It is a disgrace.  And I'm prepared to

        10       stay here every day till we get this done.

        11                  Thank you, Madam President.  I vote

        12       no on this bill.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Bonacic to be recorded in the

        15       negative.

        16                  Senator Libous, to explain his

        17       vote.

        18                  SENATOR LIBOUS:    Thank you, Madam

        19       President.

        20                  I had mentioned earlier that the

        21       last time this bill was on the floor I voted

        22       for it.  But the arguments by Senator

        23       DeFrancisco, Senator Little and others, and

        24       Senator Bonacic, are compelling.

        25                  I'm going to vote no.  And I too



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         1       share that same frustration that we've heard

         2       that while we're sitting here for the last

         3       hour and 15 minutes, going over bills that

         4       have been laid aside through the course of the

         5       month of June, we're here July 1st.  And I'm

         6       told the Assembly is doing a revenue bill

         7       today to close out the budget process.  But

         8       yet the headlines I read in the paper is that

         9       the Senate is going home.

        10                  Madam President, I will vote no,

        11       but I will tell you that it is shameful and it

        12       makes absolutely no sense.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Libous to be recorded in the negative.

        15                  Are there any other Senators

        16       wishing to explain his or her vote?

        17                  Hearing none, announce the results.

        18                  THE SECRETARY:    Those recorded in

        19       the negative on 1405 are Senators Alesi,

        20       Aubertine, Bonacic, DeFrancisco, Farley,

        21       Flanagan, O. Johnson, Larkin, Leibell, Libous,

        22       Little, Marcellino, McDonald, Nozzolio,

        23       Padavan, Ranzenhofer, Robach, Skelos, Volker,

        24       Winner and Young.

        25                  Ayes, 39.  Nays, 21.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is passed.

         3                  Senator Klein, that completes the

         4       reading of the controversial calendar.

         5                  SENATOR KLEIN:    Madam President,

         6       can we please stand at ease very briefly while

         7       the active list is being put on the members'

         8       desks.

         9                  And I think in the meantime the

        10       Minority Conference wants to conference very

        11       shortly.

        12                  We'll stand at ease, Madam

        13       President.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you, Senator.  The Senate will stand at

        16       ease, and the Republican Conference will meet

        17       in the Republican Conference Room.

        18                  (Whereupon, the Senate stood at

        19       ease at 11:19 a.m.)

        20                  (Whereupon, the Senate reconvened

        21       at 11:46 a.m.)

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Klein.

        24                  SENATOR KLEIN:    Madam President,

        25       can we briefly return to the active list and



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         1       lay aside Calendar Number 196 for the day,

         2       please.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Returning to the active list, Calendar Number

         5       196 will be laid aside for the day.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Madam President,

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

         9       the supplemental active list.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       1174, by Senator Thompson, Senate Print 8280A,

        14       an act to amend the Environmental Conservation

        15       Law.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Klein.

        18                  SENATOR KLEIN:    Madam President,

        19       is there a message of necessity at the desk?

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       There is a message of necessity at the desk,

        22       Senator.

        23                  SENATOR KLEIN:    Madam President,

        24       I move to accept the message at this time.

        25                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The question is on the acceptance of the

         2       message of necessity.  All those in favor

         3       please signify by saying aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The message is accepted.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Section 11.  This

        12       act shall take effect April --

        13                  SENATOR LIBOUS:    Lay it aside.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is laid aside.

        16                  THE SECRETARY:    Calendar Number

        17       1404, by Senator Parker, Senate Print 8388, an

        18       act to amend the Public Service Law, the

        19       Public Authorities Law, and the Real Property

        20       Law.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Read the last section.

        23                  THE SECRETARY:    Section 12.  This

        24       act --

        25                  SENATOR LIBOUS:    Lay it aside.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The bill is laid aside.

         3                  Senator Klein, that completes the

         4       reading of the noncontroversial supplemental

         5       active list.

         6                  SENATOR KLEIN:    Madam President,

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

         8       the controversial supplemental active list.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The Secretary will ring the bell.  Members are

        11       all asked to come to the chamber for the

        12       reading of the controversial calendar.

        13                  The Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       1174, by Senator Thompson, Senate Print 8280A,

        16       an act to amend the Environmental Conservation

        17       Law.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Are there any Senators wishing to be heard on

        20       the bill?

        21                  Hearing none, the debate is closed.

        22       The Secretary will please ring the bell.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 11.  This

        25       act shall take effect April 1, 2011.



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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:    In relation to

        10       Calendar Number 1174:  Ayes, 59.  Nays, 2.

        11       Senators Aubertine and Little recorded in the

        12       negative.  Also Senator Griffo.

        13                  Ayes, 58.  Nays, 3.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The bill is passed.

        16                  The Secretary will continue to

        17       read.

        18                  THE SECRETARY:    Calendar Number

        19       1404, by Senator Parker, Senate Print 8388, an

        20       act to amend the Public Service Law and

        21       others.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Are there any Senators wishing to be heard on

        24       the bill?

        25                  Hearing none, the debate is closed.



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         1       The Secretary will please ring the bells.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 12.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 1404 are

        12       Senators Alesi, Bonacic, DeFrancisco, Farley,

        13       Flanagan, Golden, Griffo, Hannon, O. Johnson,

        14       Larkin, LaValle, Leibell, Libous, Little,

        15       Nozzolio, Ranzenhofer, Saland, Seward, Skelos,

        16       Volker, Winner and Young.

        17                  Ayes, 39.  Nays, 22.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The bill is passed.

        20                  Senator Klein, that completes the

        21       reading of the controversial supplemental

        22       calendar.

        23                  SENATOR KLEIN:    Madam President,

        24       at this time can we please stand at ease until

        25       12:15.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The Senate will stand at ease until 12:15.

         3                  (Whereupon, the Senate stood at

         4       ease at 11:57 a.m.)

         5                  (Whereupon, the Senate reconvened

         6       at 12:28 p.m.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Klein.

         9                  SENATOR KLEIN:    Madam President,

        10       at this time can we please return to the

        11       active list and withdraw the lay-aside on

        12       Calendar Number 196 to take it up on the

        13       noncontroversial calendar.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Returning to the active list, we're removing

        16       the lay-aside on Calendar Number 196.

        17                  The Secretary will read.

        18                  THE SECRETARY:    In relation to

        19       Calendar Number 196, Senator Savino moves to

        20       discharge, from the Committee on Rules,

        21       Assembly Bill Number 1470B and substitute it

        22       for the identical Senate Bill Number 2311E,

        23       Third Reading Calendar 196.

        24                  ACTING PRESIDENT STEWART-COUSINS:

        25       Substitution ordered.



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         1                  THE SECRETARY:    Calendar Number

         2       196, by Member of the Assembly Wright,

         3       Assembly Print Number 1470B, an act to amend

         4       the Labor Law and others.

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is laid aside.

         8                  Senator Klein, that completes the

         9       reading of the noncontroversial calendar.

        10                  SENATOR KLEIN:    Madam President,

        11       can we take up Calendar Number 196 on the

        12       controversial active list.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Secretary will please ring the bells.  All

        15       members are asked to come to the chamber for

        16       the reading of the controversial calendar.

        17                  The Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       196, substituted earlier by Member of the

        20       Assembly Wright, Assembly Print Number 1470B,

        21       an act to amend the Labor Law and others.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Are there any Senators wishing to be heard on

        24       the bill?

        25                  Senator Padavan.



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         1                  SENATOR PADAVAN:    Yeah, will

         2       Senator Savino yield.

         3                  Did we pass this bill --

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Are you asking Senator Savino to yield?

         6                  SENATOR PADAVAN:    Yes, I did.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Savino, will you yield?

         9                  SENATOR SAVINO:    Yes, Madam

        10       President.

        11                  SENATOR PADAVAN:    Did we pass

        12       this bill before?

        13                  SENATOR SAVINO:    Through you,

        14       Madam President, we passed the Domestic

        15       Workers' Bill of Rights that was drafted and

        16       passed in the Senate, which as you recall did

        17       not match the Assembly's bill.

        18                  At the time when we passed it in

        19       the Senate as a one-house bill, we talked

        20       about the reason why we did that, that the

        21       Senate's bill was the ceiling and the

        22       Assembly's bill was the floor, and that what

        23       we hoped to do was pass the bill in both

        24       houses and then reconcile it with the Assembly

        25       and the Governor.



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         1                  Since the passage of the Domestic

         2       Workers' Bill of Rights here in the Senate,

         3       that activity has happened.  And what we have

         4       before us today is a reconciled bill that was

         5       negotiated between the Governor's office, the

         6       Assembly sponsor, Keith Wright, and myself and

         7       our staff.  And we think this is a bill that

         8       will provide real justice and dignity for

         9       domestic workers and address the concerns that

        10       were raised by many of the people in this

        11       chamber.

        12                  SENATOR PADAVAN:    Will the

        13       Senator yield.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Savino, do you continue to yield?

        16                  SENATOR SAVINO:    Yes, Madam

        17       President.

        18                  SENATOR PADAVAN:    This

        19       reconciliation process, what changes have been

        20       made in terms of the bill before us today

        21       compared to the one that was voted on the

        22       other day?

        23                  SENATOR SAVINO:    There have been

        24       several changes in the bill.

        25                  One of the things that we included



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         1       in the original bill which was the subject of

         2       a lot of debate here in this chamber was the

         3       14-day notice of termination.  That has been

         4       removed from the bill, as we could not get

         5       that reconciled with the Assembly or the

         6       Governor.

         7                  In addition, there was a private

         8       right of action that was included in the

         9       original bill that is not in the reconciled

        10       bill.

        11                  There was, for full-time workers,

        12       seven days of paid vacation and sick leave,

        13       and for part-time workers it was three days.

        14       That is not in this bill.  But what is in this

        15       bill that was agreed upon by the Assembly and

        16       the Governor and the Senate was three -- hold

        17       on.  I work alone, Brian -- three compensated

        18       days off after one year of service, paid by

        19       the employer.

        20                  In addition, we had tried to get

        21       paid holidays.  We were not successful in

        22       that.  But what we did emerge with was a day

        23       of rest for domestic workers, an 8-hour work

        24       day, a 40-hour work week, and anything over

        25       that requires the payment of overtime at the



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         1       rate of time and a half.  For live-in domestic

         2       workers, it will be a 44-hour work week.  Any

         3       time paid after that would be time and a half.

         4                  The ability to waive their day of

         5       rest for overtime.  Coverage under the human

         6       rights law.  Coverage under the Workers'

         7       Compensation Law.  Coverage under the Minimum

         8       Wage Act.  Coverage under the Unemployment

         9       Insurance Law.  Coverage under the State

        10       Temporary Disability Insurance Law.

        11                  And the State Department of Labor,

        12       in an effort to try and find a way for

        13       domestic workers to achieve some of the other

        14       benefits that they are currently prohibited

        15       from having, will engage in a study and they

        16       will report back to the Legislature no later

        17       than November 1st of this year, to the

        18       Legislature and the Governor, on the

        19       feasibility of collective bargaining as a

        20       method of achieving other benefits or

        21       potential legislative remedies that could help

        22       them achieve other benefits.

        23                  But what this bill represents here

        24       today, ladies and gentlemen, is an historic

        25       moment for domestic workers.  Real justice,



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         1       real dignity for them, and the ability to have

         2       the simple protections that the rest of us

         3       have taken for granted.

         4                  I strongly urge my colleagues to

         5       support this bill this time.  I think it

         6       reflects a lot of the concerns that were

         7       raised.  We tried to make those changes so

         8       that all of you could vote for it.

         9                  And if you have other questions,

        10       Senator Padavan, I will yield.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Savino continues to yield.

        13                  SENATOR SAVINO:    Yes.

        14                  SENATOR PADAVAN:    One of the

        15       issues frequently brought up relevant to this

        16       broad subject area is the prevalence of

        17       illegal immigrants who were employed as

        18       domestic workers, obviously paid

        19       surreptitiously under the table, abused in

        20       many cases, paid less than minimum wage, and

        21       so on and so on.

        22                  Would an illegal immigrant be

        23       covered by the provisions of your bill as it

        24       relates to potential collective bargaining and

        25       other aspects?



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         1                  SENATOR SAVINO:    Through you,

         2       Madam President.  As you rightly pointed out,

         3       Senator Padavan, that was a concern in the

         4       last piece of legislation.  And I tried as

         5       best as I could to address that.  So I'm going

         6       to start again.

         7                  It is against the law currently for

         8       an employer to hire someone who is not here

         9       legally in this country or does not have the

        10       right to work legally in this country.  That

        11       is the employer's responsibility to verify the

        12       immigration status of their employees.

        13                  If they do not, though, that does

        14       not absolve that employer of abiding by the

        15       labor laws of either the State of New York or

        16       the United States.

        17                  So whether you are here legally or

        18       not, if you are in an employment status you

        19       are still covered by minimum-wage laws.  And

        20       if you're a domestic worker, you will be

        21       covered by this bill.

        22                  But the requirement that an illegal

        23       alien or an undocumented worker or however you

        24       want to refer to them -- they're not supposed

        25       to be in someone's employ, but the burden of



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         1       that lies on the employer.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Thank you, Senator.

         4                  Are there any other Senators

         5       wishing to be heard on the matter?

         6                  Senator Bonacic.

         7                  SENATOR BONACIC:    On the bill.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Bonacic, on the bill.

        10                  SENATOR BONACIC:    I think this

        11       legislation is bad public policy.  It sends

        12       the wrong message to what we should be saying.

        13                  We should be saying that we should

        14       have a national immigration policy that treats

        15       illegals that come into this country to give

        16       them a path where they can prosper better than

        17       the country where they came from.  But they

        18       are now, 90 percent of them, according to the

        19       sponsor when we spoke previously on the floor,

        20       are illegal aliens.

        21                  That is a wrong message.  And I

        22       don't know of any state in the country that

        23       unilaterally is giving labor benefits to

        24       illegals.  That's number one.

        25                  Number two, we had discussed that



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         1       this would be an entree for disability and

         2       workmen's comp.  When this was discussed the

         3       last time this bill was brought up, we were

         4       told, Oh, no, there's not going to be

         5       workmen's comp coverage, there's not going to

         6       be disability benefits.

         7                  And right now I see that there are

         8       disability benefits and I do believe there

         9       will be workmen's comp coverage.  Which means

        10       that the rates will eventually go up.  And

        11       these rates are burdensome now on small

        12       businesses.

        13                  This also will be the beginning of

        14       unionizing domestic workers down the road who

        15       will be nannies who will work in our homes.

        16                  So the message is wrong, the public

        17       policy is wrong.  If you'd encourage them to a

        18       path for legal immigration, I would be

        19       standing up here and working with the sponsor

        20       advocating for this bill, because we're all

        21       for treating workers more humanely and giving

        22       them dignity, security, and benefits.

        23                  But the message is wrong, the

        24       public policy is wrong.  For that reason, I'm

        25       voting no.



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         1                  Thank you, Madam President.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Thank you, Senator.

         4                  Are there any other Senators

         5       wishing to be heard on the bill?

         6                  Hearing none, the debate is closed.

         7       The Secretary will please ring the bell.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 11.  This

        10       act shall take effect on the 90th day.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Savino, to explain her vote.

        16                  SENATOR SAVINO:    Thank you, Madam

        17       President.

        18                  First, before I explain my vote,

        19       there's somebody I have to thank, somebody

        20       who's toiled on this a lot longer than I have,

        21       and that is Assemblyman Keith Wright, who is

        22       behind me here somewhere.  Oh, he just stepped

        23       out.  Keith Wright, who's been carrying this

        24       bill for a lot longer than I have.

        25                  The Domestic Workers United, who



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         1       are up there in the gallery, and their

         2       lobbyist, Richie Winston; my colleagues who

         3       helped support this; those of you who didn't

         4       vote for it the first time but who are voting

         5       for it today -- I want to thank you.

         6                  Senator Bonacic, the message of

         7       justice and dignity for workers is never the

         8       wrong message.  We are achieving something

         9       here today that no one has been able to do in

        10       any other state in the nation.  Your concerns

        11       I understand.  But I think the common good is

        12       far more important.

        13                  Today, domestic workers in New York

        14       State are trailblazers.  And you will see

        15       states across the country finally find a way

        16       to tackle with this, and perhaps we'll get

        17       that reform on immigration that, you're right,

        18       we do need in this country.

        19                  But this is a historic day.  And I

        20       am so happy to be here with all of you and

        21       pass this bill, and I know the Governor is

        22       anxious to sign it, and then New York again

        23       will take its place in the history books as

        24       the leader for working people.

        25                  Thank you.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Savino to be recorded in the

         3       affirmative.

         4                  Senator Adams, to explain his vote.

         5                  SENATOR ADAMS:    Thank you, Madam

         6       President.

         7                  And I too will be voting aye.  And

         8       I want to thank the sponsors of the bill both

         9       in the Senate and Assembly.

        10                  This is not an immigration bill,

        11       this is a human rights bill.  And each time,

        12       if this was an immigration bill -- this is

        13       NYS, New York State.  This is not DC.  We

        14       don't set federal immigration policy.  We

        15       should be concerned about the humane treatment

        16       of individuals and particularly employees.

        17                  And even if it was an illegal

        18       immigrant, when an illegal immigrant or

        19       undocumented residents, when they go to the

        20       gas station, no one asks for their green card

        21       when they pay taxes.  When they buy a gallon

        22       gone of milk, no one asks for their green card

        23       when they pay taxes.

        24                  So as long as they're here, as long

        25       as they're contributing to the society, we



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         1       have an obligation and a responsibility to

         2       ensure that they're treated in a humane

         3       fashion.

         4                  And to try to hide under the guise

         5       and the cloak of that this is about covering

         6       and protecting illegal or undocumented

         7       residents, that is wrong.  This is about

         8       New York State leading the way and pricking

         9       the conscience of the entire country on how we

        10       treat individuals who are employed in our

        11       state.

        12                  That's what this is about.

        13       Anything other than that is taking away from

        14       the issue.  Just as my mother deserved to be

        15       treated fairly as a domestic employee, so too

        16       the modern-day mothers of countless number of

        17       children should be treated in the same way.

        18                  This bill is right.  And we're not

        19       going to allow people to take us off of the

        20       right turn.  I support this bill, and I

        21       encourage all to do the same.

        22                  Thank you, Madam President.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Adams to be recorded in the

        25       affirmative.



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         1                  Senator Schneiderman, to explain

         2       his vote.

         3                  SENATOR SCHNEIDERMAN:    Thank you,

         4       Madam President.

         5                  This is a great bill for us to be

         6       closing on as we head towards July 4th.  This

         7       bill is a bill that embodies the basic

         8       principles of the founding of our republic.

         9       This is a bill that takes another step towards

        10       realizing the dream that all men and women are

        11       created equal -- not shop workers equal and

        12       domestic workers unequal, not building workers

        13       equal and farm workers unequal.

        14                  There are more steps to take in

        15       this great American journey towards equality.

        16       But Domestic Workers United, Senator Savino,

        17       Assemblyman Wright, the entire wonderful

        18       coalition that has brought this about,

        19       employers and employees working together,

        20       Richard Winston ignoring his billable clients

        21       to toil on night after night -- although doing

        22       an excellent job for them during the day.

        23                  This is an extraordinarily American

        24       step.  I am proud to be here voting for it.  I

        25       think we should all think about this as we



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         1       celebrate July 4th.  This is what America is

         2       about.

         3                  I vote yes, Madam President.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Schneiderman to be recorded in the

         6       affirmative.

         7                  Senator L. Krueger, to explain her

         8       vote.

         9                  SENATOR LIZ KRUEGER:    Thank you,

        10       Madam President.

        11                  I also rise to congratulate all the

        12       legislators in both houses who worked so hard

        13       to get this bill passed and to recognize the

        14       incredible difference in people's lives that

        15       this legislation will make.

        16                  But I'm concerned.  I've been

        17       reading the bill carefully.  When people say

        18       they're voting against this bill because

        19       perhaps someone who doesn't have legal status

        20       in this country might have some law now in

        21       effect that applies to them as well, there's

        22       nothing in this bill that talks about your

        23       legal status.

        24                  This bill talks about your rights

        25       as a worker under U.S. law, your rights to be



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         1       treated with equal rights and equal treatment

         2       and to assure some fundamental labor

         3       protections and respect for people.

         4                  So I don't understand a no vote if

         5       the reason for the no vote is a misreading of

         6       this bill as having any policy change on legal

         7       status of immigrants one way or the other.

         8       That's not what this bill is about.  That's

         9       not a good reason to vote no.

        10                  I vote yes, Madam President.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Krueger to be recorded in the

        13       affirmative.

        14                  Senator Parker, to explain his

        15       vote.

        16                  SENATOR PARKER:    Thank you, Madam

        17       President.

        18                  I rise to add my voice to the

        19       chorus of those who are congratulating both

        20       Senator Diane Savino and Assemblyman Keith

        21       Wright on this great accomplishment today.

        22       We're looking forward to this bill becoming a

        23       law.

        24                  I represent the 21st District of

        25       Brooklyn, which probably has, you know, one of



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         1       the largest populations of workers who in fact

         2       do domestic work in the state.  And so this is

         3       a great bill for my constituency.  I think

         4       this is going to, you know, again begin a

         5       national conversation, as I indicated in the

         6       first time that we passed this bill.

         7                  Because, you know, there are --

         8       although this bill does not -- and Senator

         9       Krueger indicated this correctly, although

        10       this bill does not specifically speak to

        11       immigration, it does in fact implicate the

        12       fact that we as a national conversation need

        13       to be engaged in immigration reform and we are

        14       calling on President Barack Obama to in fact

        15       make that one of his top priorities this year.

        16                  But also this is the first step to

        17       really looking at and making sure we have a

        18       Domestic Workers' Bill of Rights nationally,

        19       to make sure that the primarily female

        20       population, the women who work hard in

        21       domestic titles all over this country are in

        22       fact protected.  Because again, as Senator

        23       Schneiderman indicated, it is what the

        24       American experiment really was founded on.

        25                  And so I vote aye proudly for this



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         1       bill.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Parker to be recorded in the

         4       affirmative.

         5                  Senator Perkins, to explain his

         6       vote.

         7                  SENATOR PERKINS:    Thank you very

         8       much, Madam President.

         9                  First let me commend Senator Savino

        10       for the extraordinary job that she's done to

        11       bring us to this historic moment, and to my

        12       Assemblymember, Keith Wright, for the

        13       extraordinary work he's been doing even longer

        14       on his end to bring us to this moment.

        15                  I want to take my hat off to the

        16       domestic workers for your perseverance and

        17       your charm in getting us to this historic

        18       moment.  There's one domestic worker who

        19       couldn't be here today, she's in heaven -- my

        20       grandmother.  I know that she's smiling down

        21       on you, happy for what you have done to bring

        22       us to this historic moment.

        23                  I vote aye and obviously encourage

        24       all my colleagues on both sides of the aisle

        25       to do the same in the name of all of our



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         1       family members who I'm sure, in one way or

         2       another, have had to experience something like

         3       this as workers in this country, in this state

         4       at one point in time.

         5                  Thank you so much.  I vote aye.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Perkins to be recorded in the

         8       affirmative.

         9                  Senator Klein, to explain his vote.

        10                  SENATOR KLEIN:    Thank you, Madam

        11       President.

        12                  I want to thank the sponsor of this

        13       bill, Senator Savino.  I know she worked long

        14       and hard to make sure that this legislation

        15       came to fruition.

        16                  I think most of us, unfortunately,

        17       forget that each and every one of us came from

        18       someplace else.  The immigrant experience is

        19       what made our country great.  Someone,

        20       somewhere in our past, there was an immigrant

        21       woman with a bundle on her back, a baby in her

        22       arms, and tears in her eyes because she was

        23       afraid of the land she was entering.

        24                  To deny individuals like that in

        25       the present day basic rights is bordering on



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         1       criminal.  And I think today we're sending a

         2       strong message to everyone that everyone,

         3       regardless of the work that you do, you

         4       deserve basic rights as workers.

         5                  I know earlier on in the debate I

         6       spoke about my experience with my grandmother

         7       who had a home health aide who became family,

         8       and we treated her as such.  The legislation

         9       today wouldn't have impacted that woman

        10       because she was lucky enough to have a loving

        11       family that appreciated the work she did for

        12       my grandmother.

        13                  But unfortunately, not everybody is

        14       like that.  And we have many cases where

        15       workers have been abused, denied their rights,

        16       and this legislation today addresses that.

        17                  So again, I vote yes and thank

        18       Assemblymember Wright and Senator Savino for

        19       once and for all recognizing the rights of

        20       domestic workers.

        21                  Thank you, Madam President.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Thank you.  Senator Klein to be recorded in

        24       the affirmative.

        25                  Are there any other Senators



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         1       wishing to be heard on the bill?

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 196 are

         5       Senators Alesi, Bonacic, DeFrancisco, Farley,

         6       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         7       O. Johnson, Larkin, LaValle, Leibell, Libous,

         8       Little, Marcellino, Maziarz, McDonald,

         9       Nozzolio, Ranzenhofer, Saland, Seward, Skelos,

        10       Volker, Winner and Young.

        11                  Ayes, 35.  Nays, 26.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  (Cheers from the gallery.)

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Klein, this completes the reading of

        17       the controversial calendar.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Thank you, Madam

        20       President.  Can you please recognize Senator

        21       John Sampson for some brief remarks.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Sampson.

        24                  SENATOR SAMPSON:    Thank you very

        25       much, Madam President.



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         1                  I just want to congratulate all my

         2       colleagues for a very exhaustive legislative

         3       session.  And I know today is the final day of

         4       the regular session, and it would be easy to

         5       leave Albany without finishing what we

         6       started.  But the stakes are just too high,

         7       especially here in New York State.  And this

         8       is the time when New Yorkers need us the most.

         9                  There are some outstanding issues

        10       which we have to take care of, dealing with

        11       and negotiating an FMAP contingency plan and

        12       also dealing with higher education reform.  So

        13       in any budget, this may be the end, but at the

        14       same time there is the revenue portion that is

        15       still outstanding.

        16                  I would just want to let my

        17       colleagues know that I will be calling us back

        18       to deal with that issue that relates to the

        19       revenue portion of the budget.  During that

        20       period of time I will be continuing my

        21       negotiations with all parties so there can be

        22       an effective resolution dealing with one of

        23       the key important parts of any revenue

        24       package, just in case there is a shortfall in

        25       the FMAP portion that we are seeking.



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         1                  So I just want to let my colleagues

         2       know that I will continue to work hard to meet

         3       our obligations to make sure we have a fair

         4       and responsible budget.  But the end is almost

         5       near.  And during the interim, while I'm

         6       waiting to call you back, I will continue my

         7       negotiations and look for a resolution with

         8       respect to the FMAP contingency plan.

         9                  Thank you very much, Madam

        10       President.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Thank you, Senator Sampson.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Madam President,

        15       I wasn't going to respond, because normally,

        16       my good friend John Sampson, the Minority

        17       Leader goes first, the Democrat or Majority

        18       Leader goes second.

        19                  But I'm just stunned that it's even

        20       being insinuated that this is the end of

        21       session, when the Assembly is working on the

        22       final part of the budget and Democrats in the

        23       majority here are pretending that it's over

        24       with, the session, and we're going to go home

        25       and someday we're going to come back and



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         1       complete the budget which should have been

         2       completed on April 1st.

         3                  So again, this is just the most

         4       amazing moment I think I've ever had sitting

         5       here in the Senate chamber, that it's going to

         6       be pretended that this year's legislative

         7       session is over when there's been a dramatic

         8       increase in spending by the Senate Democrats

         9       and Assembly Democrats, and yet the final

        10       piece, whether you agree with it or not, the

        11       revenue portion to cover all the spending, is

        12       not even voted on.

        13                  So I cannot in good conscience

        14       review what has happened in this session yet,

        15       because as far as I'm concerned, and I believe

        16       the Republican side of the aisle, this session

        17       is not over.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Sampson.

        20                  SENATOR SAMPSON:    Just to, first

        21       of all, I want to wish everyone a happy 4th.

        22                  But to my good friend Senator

        23       Skelos, it is not over.  We have unfinished

        24       business.  That's why I'm calling everybody

        25       back for that unfinished business.  We have



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         1       that $1 billion sitting out there, which at

         2       one point in time looked very favorable that

         3       we may be getting it.  But due to the death of

         4       Senator Byrd, and also the Governor went down

         5       to DC yesterday, there's a question of whether

         6       or not we may receive that money.

         7                  As a result, like anything else, we

         8       have to plan for a possible shortfall.  We

         9       don't want to come back here later on in the

        10       year and deal with another deficit reduction

        11       plan, as we did earlier last year and at the

        12       end of last year.

        13                  So with that, Senator Skelos, my

        14       good friend, we do have unfinished business.

        15       But you can bet that the Senate Democrats, we

        16       will get that business done and make sure

        17       there is a fair and responsible budget that is

        18       reflective of our values and the values of the

        19       State of New York.

        20                  Thank you very much, Madam

        21       President.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Thank you, Senator Sampson.

        24                  Senator Klein.

        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 at the call of the Temporary

         7       President, intervening days to be legislative

         8       days.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       There being no further business to come before

        11       the Senate, on motion, the Senate stands

        12       adjourned until the call of the Temporary

        13       President, intervening days being legislative

        14       days.

        15                  (Whereupon, at 12:56 p.m., the

        16       Senate adjourned.)

        17

        18

        19

        20

        21

        22

        23

        24

        25



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