Regular Session - June 2, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 2, 2010
11 4:03 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ANDREA STEWART-COUSINS, Acting President
19 ANGELO J. APONTE, Secretary
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21
22
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT STEWART-COUSINS:
3 The Senate will please come to order.
4 I ask everyone present to rise and
5 recite with me the Pledge of Allegiance to our
6 Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT STEWART-COUSINS:
10 Today's invocation will be provided by the
11 Reverend Peter G. Young, of Mother Teresa
12 Community in Albany.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 As we have just celebrated Memorial
16 Day, we must remember the symbol of our Empire
17 State, that it is represented by our New York
18 State in stained glass above the President's
19 chair in this Senate chamber. I draw your
20 attention to it as a proud New York State
21 American.
22 The State Seal has the motto
23 "Excelsior" -- "ever upward" -- and it
24 replaced the place of the crown in 1777. Lady
25 Liberty, with a peasant cap representing
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1 democratic rule, has her left foot stepping on
2 the crown, representing the rejection of
3 royalty.
4 As citizens of the Empire State, we
5 have been the leader with our constitution
6 12 years before the federal Constitution. As
7 a national leader, You have given these
8 Senators a great power and responsibility. We
9 pray that they will always work in Your image
10 and honor for all of our New York State
11 citizens.
12 Amen.
13 ACTING PRESIDENT STEWART-COUSINS:
14 Thank you, Father.
15 The reading of the Journal.
16 The Secretary will read.
17 THE SECRETARY: In Senate,
18 Tuesday, June 1, the Senate met pursuant to
19 adjournment. The Journal of Monday, May 31,
20 was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT STEWART-COUSINS:
23 Without objection, the Journal stands approved
24 as read.
25 May we please have order in the
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1 chamber.
2 Presentation of petitions.
3 Messages from the Assembly.
4 Messages from the Governor.
5 Reports of standing committees.
6 Reports of select committees.
7 Motions and resolutions.
8 Senator Klein.
9 SENATOR KLEIN: Madam President,
10 I have several motions.
11 First, on behalf of Senator Foley,
12 I wish to call up Print Number 6139, recalled
13 from the Assembly, which is now at the desk.
14 ACTING PRESIDENT STEWART-COUSINS:
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 312, by Senator Foley, Senate Print 6139, an
18 act to authorize.
19 ACTING PRESIDENT STEWART-COUSINS:
20 Senator Klein.
21 SENATOR KLEIN: Madam President,
22 I now move to reconsider the vote by which
23 this bill was passed.
24 ACTING PRESIDENT STEWART-COUSINS:
25 The Secretary will call the roll on
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1 reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 ACTING PRESIDENT STEWART-COUSINS:
5 Senator Klein.
6 SENATOR KLEIN: Madam President,
7 I now offer the following amendments.
8 ACTING PRESIDENT STEWART-COUSINS:
9 The amendments are received.
10 SENATOR KLEIN: Madam President,
11 on behalf of Senator Thompson, I wish to call
12 up Print Number 3296G, recalled from the
13 Assembly, which is now at the desk.
14 ACTING PRESIDENT STEWART-COUSINS:
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 399, by Senator Thompson, Senate Print 3296G,
18 an act to amend the Environmental Conservation
19 Law.
20 ACTING PRESIDENT STEWART-COUSINS:
21 Senator Klein.
22 SENATOR KLEIN: Madam President,
23 I now move to reconsider the vote by which
24 this bill was passed.
25 ACTING PRESIDENT STEWART-COUSINS:
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1 The Secretary will call the roll on
2 reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT STEWART-COUSINS:
6 Senator Klein.
7 SENATOR KLEIN: Madam President,
8 I now offer the following amendments.
9 ACTING PRESIDENT STEWART-COUSINS:
10 The amendments are received.
11 SENATOR KLEIN: Madam President,
12 on behalf of Senator Stachowski, I wish to
13 call up Print Number 6277, recalled from the
14 Assembly, which is now at the desk.
15 ACTING PRESIDENT STEWART-COUSINS:
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 306, by Senator Stachowski, Senate Print 6277,
19 an act to amend the Highway Law.
20 ACTING PRESIDENT STEWART-COUSINS:
21 Senator Klein.
22 SENATOR KLEIN: I now move to
23 reconsider the vote by which this bill was
24 passed.
25 ACTING PRESIDENT STEWART-COUSINS:
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1 The Secretary will call the roll on
2 reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT STEWART-COUSINS:
6 Senator Klein.
7 SENATOR KLEIN: Madam President,
8 I now offer the following amendments.
9 ACTING PRESIDENT STEWART-COUSINS:
10 The amendments are received.
11 SENATOR KLEIN: Madam President,
12 I believe there are substitutions at the desk.
13 I ask that we make the substitutions at this
14 time.
15 ACTING PRESIDENT STEWART-COUSINS:
16 The Secretary will read.
17 THE SECRETARY: On page 6,
18 Senator DeFrancisco moves to discharge, from
19 the Committee on Finance, Assembly Bill Number
20 8462A and substitute it for the identical
21 Senate Bill Number 3248A, Third Reading
22 Calendar 5.
23 On page 30, Senator Savino moves to
24 discharge, from the Committee on Civil Service
25 and Pensions, Assembly Bill Number 10770 and
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1 substitute it for the identical Senate Bill
2 Number 7611, Third Reading Calendar 594.
3 On page 33, Senator Espada moves to
4 discharge, from the Committee on Finance,
5 Assembly Bill Number 10728 and substitute it
6 for the identical Senate Bill Number 6843,
7 Third Reading Calendar 627.
8 And on page 36, Senator Morahan
9 moves to discharge, from the Committee on
10 Mental Health and Developmental Disabilities,
11 Assembly Bill Number 10790 and substitute it
12 for the identical Senate Bill Number 7254,
13 Third Reading Calendar 660.
14 ACTING PRESIDENT STEWART-COUSINS:
15 Substitutions ordered.
16 Senator Klein.
17 SENATOR KLEIN: Madam President,
18 can you please call on Senator Libous. I
19 believe he has a motion as well.
20 ACTING PRESIDENT STEWART-COUSINS:
21 Senator Libous.
22 SENATOR LIBOUS: Thank you, Madam
23 President. I just dropped my glasses, so this
24 will take a minute. (Pause.)
25 Thank you for your patience.
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1 ACTING PRESIDENT STEWART-COUSINS:
2 Senator Libous, that's okay.
3 SENATOR LIBOUS: This is on
4 behalf of Senator Marcellino. I'd like to
5 call up his bill, Print Number 6705, recalled
6 from the Assembly, which is now at the desk.
7 ACTING PRESIDENT STEWART-COUSINS:
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 252, by Senator Marcellino, Senate Print 6705,
11 an act to amend the Highway Law.
12 ACTING PRESIDENT STEWART-COUSINS:
13 Senator Libous.
14 SENATOR LIBOUS: Madam President,
15 I now move to reconsider the vote by which
16 this bill was passed.
17 ACTING PRESIDENT STEWART-COUSINS:
18 The Secretary will call the roll on
19 reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58.
22 ACTING PRESIDENT STEWART-COUSINS:
23 Senator Libous.
24 SENATOR LIBOUS: Madam President,
25 I offer up the following amendments.
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1 ACTING PRESIDENT STEWART-COUSINS:
2 The amendments are received.
3 Senator Klein.
4 SENATOR KLEIN: Madam President,
5 there will be an immediate meeting of the
6 Rules Committee in the Majority Conference
7 Room.
8 Pending the return of the Rules
9 Committee, may we please stand at ease.
10 ACTING PRESIDENT STEWART-COUSINS:
11 There will be an immediate meeting of the
12 Rules Committee in Room 332.
13 Pending the return of the Rules
14 Committee, the Senate will stand at ease.
15 (Whereupon, the Senate stood at
16 ease at 4:09 p.m.)
17 (Whereupon, the Senate reconvened
18 at 4:31 p.m.)
19 ACTING PRESIDENT STEWART-COUSINS:
20 Senator Klein.
21 SENATOR KLEIN: Madam President,
22 I believe there's a report of the Rules
23 Committee at the desk. I ask that we adopt
24 the report at this time.
25 ACTING PRESIDENT STEWART-COUSINS:
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1 There is a report of the Rules Committee at
2 the desk.
3 The Secretary will read.
4 THE SECRETARY: Senator Smith,
5 from the Committee on Rules, reports the
6 following bill direct to Third Reading:
7 Senate Print 8008, by the Senate
8 Committee on Rules, an act to amend the
9 Economic Development Law.
10 ACTING PRESIDENT STEWART-COUSINS:
11 All those in favor of adopting the Rules
12 Committee report please signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT STEWART-COUSINS:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT STEWART-COUSINS:
18 The Rules Committee report is adopted.
19 Senator Klein.
20 SENATOR KLEIN: Madam President,
21 at this time can we please go to a reading of
22 the calendar.
23 ACTING PRESIDENT STEWART-COUSINS:
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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1 329, by Senator Huntley, Senate Print 3119B,
2 an act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT STEWART-COUSINS:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT STEWART-COUSINS:
9 Call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT STEWART-COUSINS:
12 Announce the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT STEWART-COUSINS:
15 The bill is passed.
16 THE SECRETARY: Calendar Number
17 432, by Senator L. Krueger, Senate Print
18 4781A, an act to amend the Uniform City Court
19 Act and others.
20 ACTING PRESIDENT STEWART-COUSINS:
21 Read the last section.
22 THE SECRETARY: Section 12. This
23 act shall take effect on the first of
24 September.
25 ACTING PRESIDENT STEWART-COUSINS:
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1 Call the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT STEWART-COUSINS:
4 Announce the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT STEWART-COUSINS:
7 The bill is passed.
8 THE SECRETARY: Calendar Number
9 542, by Member of the Assembly Canestrari,
10 Assembly Print Number 9959, an act to amend
11 Chapter 20 of the Laws of 1998 amending the
12 Education Law.
13 ACTING PRESIDENT STEWART-COUSINS:
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT STEWART-COUSINS:
18 Call the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT STEWART-COUSINS:
21 Announce the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT STEWART-COUSINS:
24 The bill is passed.
25 THE SECRETARY: Calendar Number
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1 545, by Senator Espada, Senate Print 7420, an
2 act to amend the Private Housing Finance Law.
3 ACTING PRESIDENT STEWART-COUSINS:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT STEWART-COUSINS:
8 Call the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT STEWART-COUSINS:
11 Announce the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT STEWART-COUSINS:
14 The bill is passed.
15 THE SECRETARY: Calendar Number
16 561, by Senator Breslin, Senate Print 1803C,
17 an act to amend the Insurance Law.
18 ACTING PRESIDENT STEWART-COUSINS:
19 Read the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect on the first of January.
22 ACTING PRESIDENT STEWART-COUSINS:
23 Call the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT STEWART-COUSINS:
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1 Announce the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT STEWART-COUSINS:
4 The bill is passed.
5 THE SECRETARY: Calendar Number
6 563, by Member of the Assembly --
7 SENATOR KLEIN: Lay the bill
8 aside for the day, please.
9 ACTING PRESIDENT STEWART-COUSINS:
10 The bill is laid aside for the day.
11 THE SECRETARY: Calendar Number
12 589, by Member of the Assembly Weinstein,
13 Assembly Print Number --
14 SENATOR KLEIN: Lay the bill
15 aside for the day, please.
16 ACTING PRESIDENT STEWART-COUSINS:
17 The bill is laid aside for the day.
18 THE SECRETARY: Calendar Number
19 591, by Senator Savino, Senate Print 5532A, an
20 act to amend the Retirement and Social
21 Security Law.
22 ACTING PRESIDENT STEWART-COUSINS:
23 Read the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT STEWART-COUSINS:
2 Call the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT STEWART-COUSINS:
5 Announce the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT STEWART-COUSINS:
8 The bill is passed.
9 THE SECRETARY: Calendar Number
10 592, by Senator Savino, Senate Print 6966, an
11 act to amend the Civil Service Law.
12 ACTING PRESIDENT STEWART-COUSINS:
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT STEWART-COUSINS:
17 Call the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT STEWART-COUSINS:
20 Announce the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT STEWART-COUSINS:
23 The bill is passed.
24 THE SECRETARY: Calendar Number
25 594, substituted earlier today by Member of
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1 the Assembly Abbate, Assembly Print Number
2 10770, an act to amend the Administrative Code
3 of the City of New York.
4 ACTING PRESIDENT STEWART-COUSINS:
5 Read the last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect July 1, 2010.
8 ACTING PRESIDENT STEWART-COUSINS:
9 Call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT STEWART-COUSINS:
12 Announce the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT STEWART-COUSINS:
15 The bill is passed.
16 THE SECRETARY: Calendar Number
17 595, by Senator L. Krueger, Senate Print 3853,
18 an act to amend the Real Property Tax Law.
19 ACTING PRESIDENT STEWART-COUSINS:
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 30th day.
23 ACTING PRESIDENT STEWART-COUSINS:
24 Call the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT STEWART-COUSINS:
2 Announce the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT STEWART-COUSINS:
5 The bill is passed.
6 THE SECRETARY: Calendar Number
7 599, by Senator Breslin, Senate Print 6419A,
8 an act to amend the Town Law.
9 ACTING PRESIDENT STEWART-COUSINS:
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT STEWART-COUSINS:
14 Call the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT STEWART-COUSINS:
17 Announce the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT STEWART-COUSINS:
20 The bill is passed.
21 Senator Klein, that completes the
22 reading of the noncontroversial calendar.
23 SENATOR KLEIN: Madam President,
24 can we please go to a reading of the Senate
25 supplemental calendar.
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1 ACTING PRESIDENT STEWART-COUSINS:
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 705, by the Senate Committee on Rules, Senate
5 Print 8008, an act to amend the Economic
6 Development Law.
7 ACTING PRESIDENT STEWART-COUSINS:
8 Read the last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect immediately.
11 ACTING PRESIDENT STEWART-COUSINS:
12 Call the roll.
13 (The Secretary called the roll.)
14 SENATOR MAZIARZ: Madam
15 President, to explain my vote.
16 ACTING PRESIDENT STEWART-COUSINS:
17 Senator Maziarz, to explain his vote.
18 SENATOR MAZIARZ: Thank you very
19 much, Madam President.
20 This is the -- I think a two-week
21 extender to the Power for Jobs program, a very
22 valuable program. It provides low-cost
23 hydropower produced at Niagara and
24 St. Lawrence to almost 500 businesses in
25 New York State.
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1 And we in this Senate, there's one
2 thing -- after a day like yesterday -- I think
3 we could truly point to with a great deal of
4 pride, that we in the Senate have worked
5 together, both sides of the aisle, to come up
6 with what the people in business, the people
7 in labor, the people in the field of energy
8 all agree is a very good compromise.
9 It protects those industries that
10 currently get an allocation of Power for Jobs;
11 it expands the pool of companies in New York,
12 particularly manufacturing companies, that
13 will be eligible for Power for Jobs; it
14 protects upstate residential ratepayers in the
15 three utility districts -- National Grid,
16 RG&E, and New York State Gas and Electric.
17 And we did this in a very professional,
18 bipartisan manner here.
19 The real problem is not in this
20 house but over in the other house, where they
21 just can't seem to negotiate, they don't want
22 to, it appears to me, to negotiate any kind of
23 a final agreement. They just want to keep
24 extending and extending and extending.
25 So I think that we clearly should
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1 do this for those almost 500 businesses. But
2 I do think that we have to draw a line
3 somewhere and say that we are not going to go
4 any further with this.
5 So, Madam President, I vote in the
6 affirmative. Thank you.
7 ACTING PRESIDENT STEWART-COUSINS:
8 Senator Maziarz to be recorded in the
9 affirmative.
10 Senator Griffo, to explain his
11 vote.
12 SENATOR GRIFFO: Thank you,
13 Madam President.
14 I agree with Senator Maziarz, and I
15 do believe that we are working very hard in
16 this house to try and find common ground.
17 In fact, in the first Energy
18 Committee that we began to discuss the
19 possibility of a short-term extender, I warned
20 that it should be a longer version of that,
21 because if we only go in these two-week
22 increments that we're going to see problems,
23 particularly in the other house.
24 I'm also concerned about the
25 Governor and his position. There's some
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1 indication that there may be an unwillingness
2 to sign any extender. And I would hope that
3 he would not jeopardize all of these important
4 manufacturers who are relying upon this. And
5 when we're at a time when we are concerned
6 about jobs and the future of our economy, I
7 would hope that he would continue to support
8 this as we try to work on a product and a
9 final bill that will bring Power for Jobs into
10 a permanent policy.
11 So I will be voting yes today, and
12 I'm hopeful that we can get everybody to
13 continue to be focused and supportive of the
14 initiative of Power for Jobs in a permanent
15 perspective.
16 ACTING PRESIDENT STEWART-COUSINS:
17 Senator Griffo to be recorded in the
18 affirmative.
19 Senator DeFrancisco, to explain his
20 vote.
21 SENATOR DeFRANCISCO: Thank you.
22 I also am going to vote aye on this
23 bill, but there's a point that I made before
24 and I just want to reemphasize it, is there's
25 just so much power that's being allocated for
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1 jobs. There's a limited number of kilowatts,
2 and we've got to use it most effectively.
3 And the most effective way to use
4 this is by assisting manufacturing companies,
5 those that provide the greatest, the best
6 jobs. They also provide the spinoffs for
7 other companies that do business for the
8 manufacturing companies.
9 And I would hope that as the
10 negotiations go forward that we restrict the
11 eligibility to manufacturing companies, as
12 opposed to arts organizations or nonprofit
13 organizations or universities and the like. I
14 just don't think that with the limited amount
15 of power that we should not use it for the
16 biggest bang for the buck; namely,
17 manufacturers. So I vote aye with that
18 understanding.
19 Thank you, Madam President.
20 ACTING PRESIDENT STEWART-COUSINS:
21 Senator DeFrancisco to be recorded in the
22 affirmative.
23 Senator Libous, to explain his
24 vote.
25 SENATOR LIBOUS: Madam President,
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1 thank you.
2 I stand frustrated on this piece of
3 legislation. As I said the first time when
4 Senator Aubertine had a bill on the floor
5 about a month ago, I said that this was not
6 real because there's no bill in the Assembly
7 and we're giving false hope to businesses.
8 Then we did an extender and the Assembly did
9 an extender.
10 This is what's wrong with state
11 government, Madam President. You know, today
12 I would applaud Senator Maziarz because at
13 least this house, together, is trying to move
14 Power for Jobs forward in a permanent way.
15 But the Assembly, Madam President, fails to
16 negotiate, fails to work with Senator Maziarz,
17 the chairman of the Energy Committee, to move
18 forward on this issue.
19 And it seems like every time this
20 house begins to move forward on an issue, the
21 Assembly stalls. And that's what's wrong with
22 state government. That's what the people
23 outside of these walls, the people who live in
24 New York State, are frustrated with. June
25 1st, no budget, and here we are again, another
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1 Power for Jobs extender.
2 So I stand with my colleagues
3 today. I'm going to support this because it's
4 good for New York. And I say thank you to the
5 members of this chamber for at least trying to
6 put an initiative forward.
7 Madam President, the Assembly has
8 to pay attention to what we're doing here.
9 Because if they don't want to cooperate and
10 negotiate, the state will continue to be
11 dysfunctional. I will vote aye.
12 ACTING PRESIDENT STEWART-COUSINS:
13 Senator Libous to be recorded in the
14 affirmative.
15 Are there any other Senators
16 wishing to explain his or her vote?
17 Announce the results.
18 THE SECRETARY: Ayes, 61. Nays,
19 0.
20 ACTING PRESIDENT STEWART-COUSINS:
21 The bill is passed.
22 Senator Klein, that completes the
23 reading of the noncontroversial supplemental
24 active list.
25 SENATOR KLEIN: Madam President,
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1 is there any further business at the desk?
2 ACTING PRESIDENT STEWART-COUSINS:
3 Senator Klein, the desk is clear.
4 SENATOR KLEIN: There being no
5 further business, Madam President, I move that
6 we adjourn until Thursday, June 3rd, at
7 10:00 a.m.
8 ACTING PRESIDENT STEWART-COUSINS:
9 There being no further business to come before
10 the Senate, on motion, the Senate stands
11 adjourned until Thursday, June 3rd, at
12 10:00 a.m.
13 (Whereupon, at 4:42 p.m., the
14 Senate adjourned.)
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