Regular Session - March 25, 2003
1302
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 25, 2003
3:09 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
afternoon to give the invocation is Pastor
Bill Mayhew, from Faith Bible Chapel in
Millerton, New York.
PASTOR MAYHEW: Let us pray.
Father, we come before You today
and we lift up our nation at a time of
conflict. Father, we pray for comfort for
those who have lost loved ones. We pray,
Father, for those who are still in combat;
those, Father, who are captive.
And, Lord, we thank You for the
privilege of our freedom, but these are days
that remind us of the cost. So, Father, we
pray that as they are there, that You would
bless and strengthen and give wisdom to this
body as they make determinations even about
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their security.
So, Father, we ask that. We seek
Your wisdom. Lord, we ask that we be just in
our dealings with our troops and with other
nations. And, Father, we ask that if it
please Thee, this would be a swift and
successful end to the present conflict.
Father, I pray that our nation
would pull together. I pray that as diverse
as our views may be on these things, that we
would be as one.
Give us wisdom, grace, and, Lord,
we pray that soon we will have peace as well.
We ask it in Your precious name.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, March 24, the Senate met pursuant to
adjournment. The Journal of Sunday, March 23,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
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Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations:
As a member of the State Commission
of Correction, Frederick C. Lamy, of
Warrensburg.
THE PRESIDENT: Senator Johnson.
SENATOR JOHNSON: Madam
President, I'm going to defer to Senator
Nozzolio to advance the nomination.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. And thank you, Senator
Johnson.
That these -- today we are going to
be confirming first Frederick C. Lamy and then
Daniel B. Reardon. Both of these
confirmations, the nominations come before us
as renominations, reconfirmations. Both serve
as current members of the Commission on
1306
Corrections.
Before discussing individuals, I
just would like to say a word about the
Commission on Corrections. And as chairman of
the Crime Victims, Crime and Corrections
Committee of this great body, it's our
responsibility to oversee the operations of
the Commission on Corrections. And I daresay,
my colleagues, if we were reporting on their
performance, they should be given the grade of
A plus.
Under the leadership of Chairman Al
Croce, they, the commission members -- two of
which are, of the three, to be confirmed this
afternoon -- are doing an outstanding job in
working hand-in-hand with the counties across
this state, overseeing construction projects
in the hundreds of millions of dollars of
value, but motivated by doing the type of job
necessary to work with counties to decrease
costs, to build the most efficient and
effective correctional facilities possible and
doing so through their guidance in an effort
to save tax dollars.
Fred Lamy comes to the commission
1307
as an -- comes to this house for confirmation
as an experienced commissioner, skilled in the
issues of corrections. Got that skill working
for a number of years as a sheriff from a very
distinguished county. That he had served as
the Warren County sheriff for a number of
years and has been working in law enforcement
his entire professional career.
But together with Fred and Dan
Reardon, who is again to be confirmed next,
Commissioner Croce has, I believe, set forward
the best record that the Commission on
Corrections has ever had in its state history.
Gentlemen, thank you very, very much for a job
well done.
Particularly for this confirmation,
we want to thank Commissioner Lamy for
bringing to the commission the local law
enforcement perspective that is necessary, and
it is second to none. That he has worked
tirelessly as a member of this team. And that
as such, Madam President, I move his
confirmation.
THE PRESIDENT: The question is
on the confirmation of Frederick C. Lamy to
1308
the Commission on Corrections. All in favor
please signify by saying aye.
Senator Little.
SENATOR LITTLE: Thank you.
If I may, I would just like to
speak in support of the confirmation of
Commissioner Lamy.
He is a resident of Warrensburg,
New York. He has been -- spent his years in
law enforcement, many, many years of his life,
beginning in the Warren County Sheriff's
Department at the age of 21, in 1968. He was
also the Warren County sheriff, elected four
times. And he has been on this commission
since 1999.
Known as a strong supporter and
appropriate of cooperation among law
enforcement agencies, Commissioner Lamy works
well with all of the agencies throughout the
State of New York in his role as a
commissioner of corrections.
So it is with a great deal of
pleasure and it's an honor for me to support
his confirmation for continuing as a
commissioner.
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Thank you.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
I rise to support the confirmation
of Dan Reardon, who -- I used to represent
part of Herkimer County and got to know him
very well during that period of time. And I'm
sure Senator Seward will also have something
to say later.
But this is a fine public servant,
someone with extensive law enforcement
background, from being a sheriff to a former
commissioner of parole, someone who we in the
Mohawk Valley are very proud of. And we're
very pleased to see the Governor renominating
him for another term.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on the confirmation of
Frederick C. Lamy?
The question again is on the
confirmation of Frederick C. Lamy as a member
of the Commission of Corrections. All in
favor please signify by saying aye.
1310
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And congratulations and best wishes
to you in this position.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a member of
the State Commission of Correction, Daniel B.
Reardon, of Little Falls.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, as spoken very eloquently already
by Senator Meier, certainly we support and
endorse and echo his comments.
I know Dan Reardon has been an
excellent member of the commission, and that
certainly he has the unanimous support of the
Crime and Corrections Committee for his
renomination.
I know Senator Seward wishes to
speak on this nomination as well.
1311
THE PRESIDENT: Senator Seward.
SENATOR SEWARD: Yes, thank you,
Madam President.
I think it's a real testament to
our nominee that so many people are jumping
the gun to speak on his behalf. And it's
certainly very, very appropriate.
I've known Dan Reardon for many,
many years. He's a constituent, a very
respected member of not only the Herkimer
County community but throughout the state of
New York.
And he has, over his lifetime,
exhibited just the skills that are necessary
for the position that he has held the last
three years as a commissioner of the New York
State Commission of Corrections.
He's had extensive background not
only in law enforcement, as a local sheriff, a
member of the Attorney General's
investigations staff, but also, in more recent
years, also has been involved with our prison
system throughout the State of New York
through his work as a commissioner on the
State Board of Parole and then, for the last
1312
three years, as a member of the Commission of
Corrections.
And I just want to congratulate the
Governor for making this renomination of Dan
Reardon for this position. He's served very,
very well in that capacity, and I know that he
will continue to serve in the future.
Of all of Dan Reardon's extensive
background, I think the most important point
I'd like to make here today is that he used to
be on Senate staff, and that makes him a cut
above many others.
So with that, I just want to
congratulate Dan and his family on the
occasion of his reconfirmation as a
commissioner of the New York State Commission
of Corrections.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Madam President,
I just wanted to point out that I didn't make
a mistake, it's just that once again I am
ahead of my time and very cutting-edge.
(Laughter.)
THE PRESIDENT: Moving right
along.
1313
SENATOR MEIER: Thank you, Madam
President.
THE PRESIDENT: Thank you,
Senator Meier.
Does any other member wish to be
heard?
Then the question is on the
confirmation of Daniel B. Reardon as a member
of the Commission on Corrections. All in
favor please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Congratulations, Commissioner.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a member of
the Continuing Care Retirement Community
Council, Patricia M. Williams, of Ithaca.
As a member of the Council on Human
Blood and Transfusion Services, David Lynn
Wuest, M.D., of New York City.
1314
And as members of the State
Hospital Review and Planning Council, James X.
Kennedy, of Geneva; Lucille K. Sheedy, of
Warsaw; and J. Patrick Sheehan, of Larchmont.
THE PRESIDENT: The question is
on the confirmations as announced by the
Secretary. All in favor please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
all hereby confirmed.
The Secretary will read.
THE SECRETARY: Senator
DeFrancisco, from the Committee on Judiciary,
reports the following nomination:
As a judge of the Family Court for
the County of Erie, Rosalie Stoll Bailey, of
Buffalo.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes, I rise
to move the confirmation of Rosalie Stoll
Bailey for Family Court judge.
1315
Those of us who were fortunate
enough to be at the Judiciary Committee
meeting today saw an individual who has a vast
experience in the law, from representing
indigents in serious appeals in an assigned
counsel program in Buffalo, from being a
confidential law clerk for a Supreme Court
judge, handling complex matters of litigation
of a civil nature, and then being appointed as
a referee to actually structure an expedited
matrimonial part.
And that structure must have been a
pretty good structure, because her -- the
organization has resulted in 70 percent of
matrimonials being resolved through a
mediation process. Which is absolutely
unbelievable.
She's now being nominated by
Governor Pataki, one of his fine nominations
for Family Court judge. And I would move that
nomination and turn to Senator Rath for a
second.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Thank you, Senator
DeFrancisco. I would like to add my second to
1316
your nomination of Rose Stoll Bailey for the
position of Family Court judge in Erie County.
As many of you know, those of us
from Erie County, when we stand up on the
floor to speak of our friends who have had
this honor bestowed on them by the Governor of
the nomination, we all speak like we're
family. And in many ways those of us in Erie
County are, much as you are in your own
regions and parts of the state of New York.
But let me say this about
soon-to-be Judge Bailey. She was confidential
law clerk, as Senator DeFrancisco stated, to a
very close personal friend of mine and my
husband's, who as you all know is also a
Supreme Court judge. So there is a special
camaraderie that comes along when you know
someone for over twenty years acting in the
capacity as confidential law clerk.
Rose Bailey has distinguished
herself, not only by her service to Judge
Wolf, but again, as Senator DeFrancisco
pointed out, writing and developing a protocol
for an expedited matrimonial part that's
serving as a statewide -- for a fast-track
1317
model.
And a 70 percent settlement rate?
Unheard-of. My husband was good, but, Judge,
he was never that good. I mean, he settled a
lot of cases in his years, but that -- this
is -- that's just extraordinary.
But let me take another little
point here to tell you a little bit about Rose
Bailey. A graduate of SUNY Buffalo Law
School, editor of The Opinion, the law school
newspaper. Don't we dearly love to have
people go into the judiciary who are paying
close attention to the law and what it means.
You drop down a little further,
some of her professional awards: Lawyer of
the Year by the Women Lawyers of Western
New York; recipient of a Special Achievement
Award from the Erie County Bar Association
Matrimonial Law Committee; recipient of a Pro
Bono Award from the Volunteer Lawyers Program.
It reads like many of our resumes
read, but I had never read your resume until
today. I am now triply impressed by how
you've managed to accomplish all you've done,
done it so professionally.
1318
And of course when my eye fell upon
your work with Kids Voting and the fact that
you were chairman of their speakers bureau, I
thought, well, now that is absolutely the
icing on the cake. Because we all know how
important it is for the next generation to
follow along and understand what is so
important about our democracy and why we
should participate.
We have a scholar, we have a legal,
bright mind, and someone who has the humanity
and the touch with people -- as well as being
a wife and the mother of three adult children.
So I am honored to second that
nomination. I congratulate the Governor,
congratulate the Judiciary Committee for
moving this along, and look forward to having
Judge Bailey as one of the bright lights,
another bright light to come from Erie County
from the judicial scene.
Thank you.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Thank you, Madam
President.
Mary Lou, you did a great job, and
1319
I think you really said it all.
Rosalie Bailey is one of the most
respected attorneys in Erie County. And as
Mary Lou said, she guided a system on settling
matrimonial cases.
And the funny thing is I didn't
notice too much about it for a while until it
dawned on me I hadn't heard any complaints
about delays in matrimonial cases a few years
ago, for the first time in about twenty years.
And it was primarily because of the expedited
case operation set up by then Administrative
Judge Dillon. And of course Rosalie was the
person who was at the forefront of taking care
of that.
I just have to say that, you know,
her -- the judge that she was confidential
clerk to was a close friend of mine and a
neighbor from about two blocks away from me,
Judge Norman Wolf, who was one of the best,
brightest judges in the state. And I can
assure everyone here that Rosalie Bailey will
likely and will also be one of the best and
the brightest Family Court judges in the State
of New York.
1320
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President.
I am pleased to rise and second the
nomination of Judge Rosalie Bailey, who is
from Buffalo, unfortunately. We're not
talking about Kings County, but we are talking
about Erie County, and that's important.
I just wanted to say, with regard
to this particular appointment, it's such an
apropos opportunity to say how much I
appreciate the fact that we're nominating and
confirming someone who is a woman and
certainly someone who has the kind of
sensitivity and experience that we would like
to see in a judge, especially a Family Court
judge.
And I certainly hope that someday
soon we are going to be talking about sending
the Family Court into the Supreme Court,
because I think it's important that we raise
that court to its proper position in our
system.
And it's also very interesting that
1321
we just happen to have a group of young
people, many of whom have also had some
contact with a judge, perhaps in Family Court,
and they're able to see how some of the judges
in our state are actually nominated and how
they come to their position. This is one of
the functions that we do. And these young
people from the Dome Project are watching us,
looking to see what kind of people we actually
are nominating.
And I'm happy that we have this
person who is a very, very excellent example
of the kind of people that we would like to
see in the courts, on the bench as judges.
So, Madam President, I'm just happy
to join my colleagues in seconding this
nomination.
THE PRESIDENT: Does any other
member wish to be heard on this nomination?
The question then is on the
confirmation of Rosalie Stoll Bailey, of
Buffalo, as judge of the Family Court for the
County of Erie. All in favor please signify
by saying aye.
(Response of "Aye.")
1322
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Judge Bailey, on behalf of the
Senate, congratulations and continued success,
and best wishes in your new responsibilities.
(Applause.)
THE PRESIDENT: Judge Bailey is
accompanied this afternoon by her husband,
Tom; her daughter, Elizabeth; and her sister,
Jean McLaughlin.
Have a great celebration.
The Secretary will read.
THE SECRETARY: Senator Hannon,
from the Committee on Health, reports the
following bill:
Senate Print 3292, by Senator
Fuschillo, an act to amend the Public Health
Law and the Education Law.
Senator Johnson, from the Committee
on Finance, reports the following bill:
Senate Print 3218, by Senator
Johnson, an act to amend Chapter 303 of the
Laws of 1988.
1323
Senator Marcellino, from the
Committee on Environmental Conservation,
reports:
Senate Print 2036, by Senator
Marchi, an act to amend Chapter 395 of the
Laws of 1978.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Skelos, we have
substitutions.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar in
its entirety at this time.
THE PRESIDENT: Motions and
resolutions.
All in favor of adopting the
Resolution Calendar please signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
1324
Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Social Services Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Social Services
Committee in the Majority Conference Room.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Are there any
substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
The Secretary will read.
THE SECRETARY: On page 8,
Senator Marcellino moves to discharge, from
the Committee on Environmental Conservation,
Assembly Bill Number 3073 and substitute it
for the identical Senate Bill Number 897,
Third Reading Calendar 126.
1325
On page 14, Senator Maziarz moves
to discharge, from the Committee on Health,
Assembly Bill Number 3538B and substitute it
for the identical Senate Bill Number 2528A,
Third Reading Calendar 225.
On page 15, Senator Hannon moves to
discharge, from the Committee on Health,
Assembly Bill Number 6791 and substitute it
for the identical Senate Bill Number 2932A,
Third Reading Calendar 226.
On page 18, Senator Volker moves to
discharge, from the Committee on
Investigations and Government Operations,
Assembly Bill Number 6205 and substitute it
for the identical Senate Bill Number 2430,
Third Reading Calendar 256.
On page 20, Senator Morahan moves
to discharge, from the Committee on Local
Government, Assembly Bill Number 1401 and
substitute it for the identical Senate Bill
Number 757, Third Reading Calendar 282.
On page 21, Senator Meier moves to
discharge, from the Committee on Social
Services, Assembly Bill Number 5390 and
substitute it for the identical Senate Bill
1326
Number 2929, Third Reading Calendar 290.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
129, by Senator Seward, Senate Print 1447A, an
act to amend the Insurance Law, in relation to
creating a New York health benefit and cost
commission.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
225, substituted earlier today by Member of
the Assembly Destito, Assembly Print Number
3538B, an act to amend Chapter 81 of the Laws
of 1995 amending the Public Health Law.
SENATOR SCHNEIDERMAN: Lay it
aside.
1327
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
226, substituted earlier today by Member of
the Assembly Gottfried, Assembly Print Number
6791, an act to amend the Chapter 426 of the
Laws of 1983.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
243, by the Senate Committee on Rules, Senate
Print Number 844, an act to amend the Tax Law,
in relation to the tourist home, inn --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1328
245, by Member of the Assembly Bradley,
Assembly Print Number 2769, an act to amend
the Tax Law, in relation to extending the
period during which the City of White Plains
is authorized.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT BALBONI: Lay
that bill aside.
THE SECRETARY: Calendar Number
246, by the Senate Committee on Rules, Senate
Print 1561, an act to amend the Tax Law, in
relation to authorizing an increase.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT BALBONI: Lay
the bill aside.
THE SECRETARY: Calendar Number
247, by the Senate Committee on Rules, Senate
Print Number 1603A, an act to amend the Tax
Law, in relation to authorizing the County of
Schenectady.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT BALBONI: Lay
1329
that bill aside.
THE SECRETARY: Calendar Number
263, by the Senate Committee on Rules, Senate
Print Number 3058, an act to amend the Tax
Law, in relation to authorizing the County of
Montgomery.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT BALBONI: Lay
the bill aside.
THE SECRETARY: Calendar Number
264, by the Senate Committee on Rules, Senate
Print Number 3059, an act to amend the Tax
Law, in relation to increasing hotel/motel
taxes in Montgomery County.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT BALBONI: Lay
the bill aside.
THE SECRETARY: Calendar Number
286, by the Senate Committee on Rules, Senate
Print Number 1562, an act to amend --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT BALBONI: Lay
1330
the bill aside.
THE SECRETARY: Calendar Number
288, by Senator McGee, Senate Print 2952, an
act to amend Chapter 540 of the Laws of 1992.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
290, substituted earlier today by Member of
the Assembly Glick, Assembly Print Number
5390, an act to amend the Social Services Law,
in relation to eligibility.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
1331
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
291, by Senator Balboni, Senate Print 3283A,
an act to amend the Economic Development Law,
in relation to the creation of the NY-USA
Proud program.
ACTING PRESIDENT BALBONI:
Senator Skelos, why do you rise?
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT BALBONI: Yes,
Senator Skelos, there is a message at the
desk.
SENATOR SKELOS: Move to accept
the message.
ACTING PRESIDENT BALBONI: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI: All
opposed, nay.
(No response.)
1332
ACTING PRESIDENT BALBONI: The
message is accepted.
Read the last section.
THE SECRETARY: Section --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT BALBONI: Lay
the bill aside.
THE SECRETARY: Calendar Number
292, by Senator Little, Senate Print 3284, an
act to amend the Public Service Law, in
relation to directing the Division of Military
and Naval Affairs.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1333
293, by Senator Golden, Senate Print 3285, an
act to amend the Military Law, in relation to
directing the Division of Military and Naval
Affairs to establish.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
294, by Senator Robach, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT BALBONI: The
bill is laid aside.
THE SECRETARY: Calendar Number
295, by Senator Flanagan, Senate Print 3287,
an act to amend the Military Law, in relation
to waivers of professional continuing
1334
education requirements.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
296, by Senator Leibell, Senate Print 3288, an
act to amend the Military Law, in relation to
payment of payment funds through electronic
fund transfer.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1335
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
297, by Senator Larkin, Senate Print 3289, an
act to amend the Military Law, in relation to
directing the Division of Military and Naval
Affairs.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT BALBONI: The
1336
Clerk will read.
THE SECRETARY: Calendar Number
129, by Senator Seward, Senate Print 1447A, an
act to amend the Insurance Law, in relation to
creating a New York health benefit and cost
commission.
SENATOR LIZ KRUEGER:
Explanation, please.
ACTING PRESIDENT BALBONI:
Senator Seward, an explanation has been
requested by Senator Krueger.
SENATOR SEWARD: Certainly, Mr.
President.
This bill creates the New York
Health Benefit and Cost Commission, which
would be an internal commission with the State
Insurance Department. It would consist of 13
members, three to be appointed by the Governor
and the Majority Leader and the Speaker of the
Assembly, one each by the respective Minority
Leaders in each house. And also, we would
have the Commissioner of Health and the
Superintendent of Insurance serving as members
as well.
The purpose of the commission would
1337
be to review and issue a report on proposed
legislation to mandate a particular health
benefit to be included in health insurance
policies in New York State.
And they would go through a full
public hearing process, gathering all the
data, and make a report to the Governor and
the Legislature providing good, sound
information to enable both the public and the
Legislature to make informed decisions
regarding proposed legislation as it relates
to new health mandates.
The bottom line here, Mr.
President, is that this bill is designed to
ensure that health insurance coverage provides
the care and the treatment and the services
that people need, but also ensuring that
coverage is affordable and available.
ACTING PRESIDENT BALBONI: Thank
you, Senator Seward.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If the sponsor would yield to
a question or two.
ACTING PRESIDENT BALBONI:
1338
Senator Seward, do you yield to a question?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT BALBONI: Please
proceed, Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Senator.
Could you clarify to me what the
timeline would be? We would have this
commission that would have a schedule to
release a report by a specific date. And the
assumption is that the State Legislature would
not go forward with any legislation regarding
health insurance until the commission
completed a report?
SENATOR SEWARD: Well, Mr.
President and Senator Krueger, upon the
written request for the commission to review a
particular piece of legislation, the
commission would have 90 days in which to do
their work in terms of coming up with the
information.
There is no prohibition in terms of
when legislation could pass or not. That
remains the sole prerogative of the
Legislature.
1339
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT BALBONI:
Senator Seward, do you continue to yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT BALBONI: Please
proceed.
SENATOR LIZ KRUEGER: Thank you
for the clarification, Senator.
So now, as I understand it, the
commission would be active at all times and
upon request by the Legislature, because a
bill had been sponsored, they would then do an
analysis within 90 days of that bill. Is that
correct?
SENATOR SEWARD: That's basically
it, Mr. President. Under the legislation, in
order for a study to be done on a particular
piece of legislation, it would require a
written request on the part of the Governor or
the leaders of the Legislature. And only then
would they review.
We have -- I know just in the
Insurance Committee alone, we have, most
1340
years, about fifty different new mandated --
health mandate legislation that are pending in
the committee. The -- this commission would
only review those when there's been a written
request to do so.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would continue to yield.
ACTING PRESIDENT BALBONI:
Senator Seward, do you continue to yield?
SENATOR SEWARD: Yes, I will.
ACTING PRESIDENT BALBONI: Please
proceed.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
I'm trying to play out the pros and
cons of this. So in fact, anything related to
a change or decision in health insurance would
go through this commission?
So, for example, a proposal for a
rate change or a change in the package of
health benefits provided by, say, a major
healthcare provider in the state would also go
through this process of the commission
evaluating that?
1341
SENATOR SEWARD: Mr. President,
the only items that would be reviewed by this
commission would be pieces of legislation that
deal with adding a new mandate on health
insurance coverages in New York State.
Currently we have, in the law, some
21 services that are mandated and 12 providers
that are mandated to be included in health
insurance policies that are issued here in the
State of New York. And this commission would
only deal when there is an addition to those
services or required providers.
SENATOR LIZ KRUEGER: So, Mr.
President, if, through you, the sponsor could
continue to yield.
ACTING PRESIDENT BALBONI:
Senator Seward, would you continue to yield.
SENATOR SEWARD: Yes.
ACTING PRESIDENT BALBONI: Please
proceed.
SENATOR LIZ KRUEGER: Thank you.
So if in fact this commission had
existed last year when there was legislation
put through on the Women's Health and Wellness
Act through this house and the other house,
1342
then the assumption is that that bill would
have -- actually, upon sponsorship, which was
of course several years earlier, that would
have moved through this commission because
that affected the actual coverage in health
insurance? Is that how you perceive this
would have happened?
SENATOR SEWARD: Well, Mr.
President, this commission, had it been in
effect in earlier years, would in fact have
done -- would have done that review if either
the Governor or leaders of the Legislature had
requested them to do so.
They don't automatically do that.
It's only upon request.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would continue to yield.
ACTING PRESIDENT BALBONI: Do you
continue to yield?
SENATOR SEWARD: Yes.
ACTING PRESIDENT BALBONI: Please
proceed.
SENATOR LIZ KRUEGER: Thank you.
So again, for my own clarification,
1343
this commission would exist and would be
there, but then upon the request of either the
Governor, the Majority Leader, or the Speaker
of the Assembly, any of the three, then the
commission would go forth with an actual study
of the cost/benefit, I suppose, analysis of
what the impact of this new requirement in
health insurance would be.
But, as you said, it wouldn't
necessarily stop the Legislature from moving
forward prior to that 90-day timeline for the
study to be completed.
Is that a correct understanding?
SENATOR SEWARD: Mr. President, I
think Senator Krueger's statements are
correct.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would yield to one more question.
ACTING PRESIDENT BALBONI:
Senator Seward, do you yield to one more
question?
SENATOR SEWARD: Yes.
ACTING PRESIDENT BALBONI: Please
proceed.
1344
SENATOR LIZ KRUEGER: Thank you.
What would be the parallel, under
this commission model, when we put proposals
for legislative changes through the budget
process or the budget document rather than
through individual legislation?
For example, in last year's budget
there was funding for fertility treatments
included within the budget that hadn't
actually been a separate piece of legislation,
so that it wasn't even clear that there was a
90-day timeline for that.
How would your proposed commission
relate to legislative proposals that are
actually not freestanding legislation but
rather go through the budget document?
SENATOR SEWARD: Well, Mr.
President, that is a unique scenario that has
been outlined by Senator Krueger.
But my reaction is that if the
Governor or either leader requested this
commission to do this, that cost analysis and
benefit analysis on a particular new mandate,
whether it was part of budget legislation or a
freestanding piece of legislation, I think
1345
there's no question that the same process
could be followed.
And I might point out as well that
the commission could also do a similar review,
is empowered under this legislation to do a
similar review of existing mandates as well,
just as a means of providing information.
Mr. President, we as a Legislature
have dealt over the years with a number of
mandates to health insurance coverage. We've
included many; many we have not. And one of
the difficulties in dealing with this type of
a piece of legislation is that very often we
get conflicting information. Advocates come
in and say that we could add a particular
mandate for a very low cost, and we get other
entities coming in to the office and saying if
a mandate bill is passed that it will raise
health insurance premiums by 8, 9 percent.
And basically what we're attempting
to accomplish through this commission is
providing an independent review that would
give this Legislature good, sound data, and so
that we can make an informed decision.
ACTING PRESIDENT BALBONI: Thank
1346
you, Senator Seward.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
I did say that was the last
question, but, I'm sorry, your information is
very helpful and it raises more questions for
me.
So if I could, through you, Mr.
President, ask the sponsor to yield for an
additional question.
ACTING PRESIDENT BALBONI:
Senator Seward.
SENATOR SEWARD: Certainly. I
will shorten my answers.
ACTING PRESIDENT BALBONI: There
you go.
SENATOR LIZ KRUEGER: I
appreciate the detail of your answers, Senator
Seward.
It's a fascinating model that you
propose, and it raises the question to me -- I
guess two questions. One, why don't our state
agencies already play this role for us of
being able to provide us information,
1347
including with our staffs here at the
Legislature, to come to this kind of analysis?
Why would there be something unique
about the issues in health insurance that are
different than how we go through the process
of every other piece of legislation that comes
before us and gets negotiated out or doesn't
between the two houses?
What's unique or different about
the issues of health insurance mandates that
would require this kind of commission when we
don't use that model for any other piece of
legislation that comes before us?
SENATOR SEWARD: Well, Mr.
President, I would respond to the Senator in
this way. I think what is unique about the
questions and issues that we would have this
particular commission deal with is the fact
that we have a situation in the state and, for
that matter, it's a national phenomenon where
we have a high number of insured people when
it comes to health insurance. And one of the
factors that contributes to that is the cost
of health insurance.
And every time health insurance
1348
costs rise, we tend to have more people drop
out of the market because of not being able to
afford the coverage.
And basically what we are
attempting to do under this model is to --
before this Legislature adds additional
mandates that we have good, sound information
regarding what a mandate would cost or perhaps
what it would potentially save. It can go
either way, depending on the treatment that
we're talking about.
And so I believe that because of
the fact that we are dealing with this
uninsured problem, that it behooves this
Legislature, when we're looking at mandates,
to have the benefit of the work of an
independent body that would provide us with
that good, sound information so that we can
make judgments on behalf of the people of the
state and hopefully, in the end, give them the
healthcare that they need but also in such a
way that it's affordable and available.
SENATOR LIZ KRUEGER: Thank you.
Might I speak on the bill,
Mr. President?
1349
ACTING PRESIDENT BALBONI: On the
bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate Senator Seward's
responses to my questions. And I do find
myself on the horns of a dilemma. Because on
the one hand, I think that the issues that he
raises are important ones for us: How do we
evaluate the costs of legislation that we put
forward, how do we make the financial analysis
for ourselves as a state government and local
governments and consumers of legislation we
pass? And the fact that there will be costs
associated.
And that often we find ourselves,
when it comes to healthcare analysis, short
the answers we ought to have in advance of
passing legislation.
My dilemma is I would argue that we
should have exactly this information before us
on every bill we pass through the State
Senate. That whenever we pass a piece of
legislation, we should have full fiscal
analysis of what the impact of that
legislation will be, both for the positive and
1350
the negative, for our constituents, for local
governments, for the state government.
And so my frustration is that we
ought to have that level of information in
detail available on every single bill that
goes through this house. And yet we know we
don't. We know that we look at legislation
every day and we pass legislation every day
that has almost no fiscal information attached
to it, no financial analysis available.
We don't even know perhaps what the
cost of this new piece of legislation would be
if we created this commission.
And so I do applaud you for
proposing a piece of legislation that would
create a system where we actually had the
answers to our questions before -- hopefully
before we debated bills on the floor and
passed them, and where we would have financial
analysis of the costs and the benefits and who
would pay for those and what the trade-offs
would be.
My frustration is that I would like
us to do that with every piece of legislation
that comes before us, and that not just in
1351
health insurance, but in a broad arena of
legislation. I would argue probably
90 percent or the legislation that comes
before this house and our colleagues in the
Assembly, the real questions that go
unanswered are the fiscal-impact questions,
the mandates that we place on our ourselves as
a state, on our localities, the advantages and
the disadvantages fiscally for moving forward
with new laws.
So if I were to vote for this bill,
would I be inconsistent with myself believing
that we should have this level of information
on all of the bills that come before us, or do
I vote against a bill where I could see strong
arguments for it on the grounds that why
should we subset out one specific issue,
mandates in health insurance costs, to provide
this level of detailed commitment and work on
when we don't do that for the rest of the
bills?
So I'll wait and see if anyone else
speaks before they vote.
Thank you for letting me speak on
the bill.
1352
ACTING PRESIDENT BALBONI: Thank
you, Senator Krueger.
Any other Senator wishing to be
heard on this bill?
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
225, substituted earlier today by Member of
the Assembly Destito, Assembly Print Number
3538B, an act to amend Chapter 81 of the Laws
of 1995.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT BALBONI:
Senator Maziarz, an explanation has been
requested.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
1353
Mr. President, this bill extends
the effective date for the limited licensed
home care services agency demonstration
project for two more years. It is set to
sunset on March 31st of 2005. It also
requires the Department of Health to issue a
report evaluating the program on or before
April 15, 2003, and again on or before
February 15th of 2002.
This demonstration program was
created by Chapter 81 of the Laws of 1995.
And this program was designed to allow
certified owners of adult homes and enriched
housing programs to apply for licensure as
limited home care service agencies so that
they could provide additional services under
that license to their residents.
Thank you, Mr. President.
ACTING PRESIDENT BALBONI:
Senator Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would yield
for a few questions.
ACTING PRESIDENT BALBONI:
Senator Maziarz, do you yield?
1354
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT BALBONI: Please
proceed, Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President.
I wonder if the sponsor could
advise us how old this demonstration project
is.
SENATOR MAZIARZ: This
demonstration project, Senator, was approved,
as I stated, I think, back in 1995.
Now, it did take several years and
much prodding by the Senate Aging Committee to
get the program implemented. It was
implemented in, I believe, 1999, when the
proper reimbursement rates were set and the
procedures were approved by the Department of
Health and the reimbursement rates by the
Commission of Budget.
SENATOR SCHNEIDERMAN: Thank you.
And through you, Mr. President, am
I correct in understanding that this
demonstration project has been renewed through
legislation already several times, the last
1355
time being in 2001?
ACTING PRESIDENT BALBONI:
Senator Maziarz.
SENATOR MAZIARZ: Through you,
Mr. President, the answer to your question,
Senator Schneiderman, is that you are correct,
yes. It has been renewed on two occasions
since that time.
SENATOR SCHNEIDERMAN: And in
each of those renewals, a report describing
the savings associated with the program and
other issues relating to its fiscal impact was
required, was it not?
ACTING PRESIDENT BALBONI:
Senator Maziarz.
SENATOR MAZIARZ: Mr. President,
through you, the answer to that question,
Senator, is yes.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. If I may be heard on the bill.
ACTING PRESIDENT BALBONI: On the
bill.
SENATOR SCHNEIDERMAN: On the
bill.
I'd like to thank the sponsor for
1356
his cooperation in his responses. However, I
must say the substance of the responses leaves
me a little bit at a loss.
I have with me the transcript of
our debate here from March 27, 2001, in which
I said to Senator Maziarz: "We have renewed
bill in 1995, 1997, 1999. When we did that,
did this include the same requirement for a
report from the Department of Health
describing the cost savings associated with
the authorization of these programs?"
Senator Maziarz once again said, "I
believe that it did, yes."
I then asked if we had ever
received the report, and the Senator told us
that we had received a status report on the
program but not the report that was required
by the legislation.
This is now an eight-year-old
demonstration project. There is a report that
should have been submitted to us many years
ago. When we renewed this in 2001, we were
told the report is on its way. Then I find
that we have another renewal that comes to us
this year which originally, as the bill was
1357
drafted, required a report by February 15,
2003. That was amended. We are now voting on
an A print which amended the bill to give them
more time to provide that they can give us the
report by April 15, 2003.
There's something clearly wrong
with this program. I'm not sure how we expect
to be taken seriously as a Legislature if we
authorize the renewal of demonstration
projects, require reports to the Legislature,
and then take no action whatsoever to enforce
the requirement that we're provided with
reports.
I don't know what is going on with
this program. I don't know if we're talking
about incompetence, corruption, or some
parallel universe in which the reports
disappear. But this has clearly, in my view,
gone too far.
We're talking about a program
started in 1995. This is a very serious area.
This has to do with the delivery of healthcare
and home care services to our senior citizens.
There are a lot of people who are very
concerned with this. Many of us have
1358
relatives who could be directly affected by
this program.
Why the Department of Health is now
working on the eighth year of a demonstration
project in a critically important area and
apparently has the inability to even deliver a
simple report is beyond me.
I voted for this extension -- many
of us voted for this extension two years ago.
That's enough for me. I've had it. I'm not
going to vote for the extension, and I'm going
send a record of this to the Department of
Health. I do not understand what is taking so
long.
And, Senator Maziarz, I would urge
that the sponsor also undertake to reach out
and find out what's going on here. Because
this really is a situation that requires us to
take some sort of action other than constantly
renewing a program that doesn't appear to be
getting underway with any sort of speed and
seems to be getting underway with an absolute
inability to account for itself to the
Legislature.
Thank you, Mr. President.
1359
ACTING PRESIDENT BALBONI:
Senator Maziarz, why do you rise?
SENATOR MAZIARZ: Mr. President,
on the bill, if I may.
ACTING PRESIDENT BALBONI: On the
bill.
SENATOR MAZIARZ: I was rather
disappointed that my good friend and colleague
Senator Schneiderman did not ask this year if
the Department of Health had issued a report.
Because I have, right here -- Mr.
President, I was preparing to answer the
question that was never asked -- the report
that Senator Schneiderman I believe has asked
on at least two different occasions during the
course of this debate.
I will hand-deliver this report to
Senator Schneiderman as soon as the roll call
is done.
ACTING PRESIDENT BALBONI: Now,
that is service.
SENATOR SCHNEIDERMAN: Excuse me,
Mr. President, will the sponsor yield for one
question?
ACTING PRESIDENT BALBONI:
1360
Senator Maziarz, do you yield for a question?
SENATOR MAZIARZ: The sponsor
will certainly yield.
SENATOR SCHNEIDERMAN: Senator,
is that a final report or is that a draft
report?
SENATOR MAZIARZ: No, this is --
this is a preliminary report.
SENATOR SCHNEIDERMAN:
Aaaaaaaahhhhh.
(Laughter.)
SENATOR SCHNEIDERMAN: After
eight years, a preliminary report.
Thank you, Mr. President. Thank
the sponsor.
ACTING PRESIDENT BALBONI:
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
through you, Mr. President, if the Senator
would yield.
ACTING PRESIDENT BALBONI:
Senator Maziarz, do you yield to a question?
SENATOR MAZIARZ: Certainly, Mr.
President.
SENATOR HASSELL-THOMPSON:
1361
Senator Maziarz, I was going to ask the
question about the report.
SENATOR MAZIARZ: Oh. Well,
obviously, someone then is out of script here.
SENATOR HASSELL-THOMPSON: It's
quite all right.
But the question I do have to ask
you, when we discussed this, I found my notes.
And in my notes we were talking about, two
years ago, that there were 15 that were
licensed and 75 that were pending. Can you
tell me how many licenses are pending at this
point?
SENATOR MAZIARZ: There are
currently 28 licensed programs.
SENATOR HASSELL-THOMPSON: Okay.
So between -- through you, Mr. President.
ACTING PRESIDENT BALBONI:
Senator, please proceed.
SENATOR HASSELL-THOMPSON: Thank
you.
So between our last discussion of
this bill and now, we have additional programs
that are being licensed?
SENATOR MAZIARZ: Yes.
1362
ACTING PRESIDENT BALBONI:
Senator Thompson.
SENATOR HASSELL-THOMPSON: Part
of that same question, if you will.
Are we ever intending to make this
permanent?
SENATOR MAZIARZ: Senator
Thompson, I would certainly support making it
permanent. I would desire to make it
permanent just so that we don't have to go
through this discussion with Senator
Schneiderman every two years.
SENATOR HASSELL-THOMPSON: I
understand.
My question -- again, through you,
Mr. President, the last question.
ACTING PRESIDENT BALBONI:
Senator?
SENATOR MAZIARZ: Yes.
SENATOR HASSELL-THOMPSON: In
this report, the question that we asked
before -- and I'm hoping that the report
covers this. But since I have yet to be
invited to get a copy of the report, I'll have
to ask the question.
1363
When we implement this report, will
it contain a series of penalties to the Health
Department or provide assistance to the Health
Department if that's necessary, to necessitate
the continuing of licenses and some of the
other concerns?
SENATOR MAZIARZ: Through you,
Mr. President, I will deliver a copy of the
report to your office today, Senator.
SENATOR HASSELL-THOMPSON: Thank
you.
And the penalties to the Health
Department?
ACTING PRESIDENT BALBONI:
Senator Maziarz.
SENATOR MAZIARZ: There are no
penalty provisions within this bill to the
Health Department.
ACTING PRESIDENT BALBONI:
Senator Thompson, do you wish to continue the
dialogue?
SENATOR HASSELL-THOMPSON: I'll
wait for the report. Thank you.
ACTING PRESIDENT BALBONI: Great.
Terrific.
1364
Senator Krueger, why do you rise?
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
yield to a question.
ACTING PRESIDENT BALBONI:
Senator Maziarz, do you yield to a question?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT BALBONI: Please
proceed.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
So while I'm not on the appropriate
committee -- so I could, I suppose, assume
that I wouldn't have been offered a copy of
the report when this went through committee --
what's the date on the preliminary report in
front of you, Senator?
SENATOR MAZIARZ: I believe it
was received in my office on March 12th of
this year, Senator.
SENATOR LIZ KRUEGER: Perhaps
more a comment than a question, but I'll
phrase it as a question.
Senator Maziarz, since apparently
1365
you were prepared for Senator Schneiderman's
response -- and again, I've only been here for
one year, so I missed all the previous
extensions -- why wouldn't you have shared the
bill with other members of the Senate --
shared the report with other members of the
Senate before we were going to vote up or down
on the bill today?
Because it seems to me, without
looking at the preliminary report, that my
evaluation of whether they ought to receive a
two-year extension on this program ought to
perhaps be related in some way to the
information in the preliminary report that
Senator Schneiderman has been waiting for for
so many years.
ACTING PRESIDENT BALBONI:
Senator Maziarz.
SENATOR MAZIARZ: Thank you, Mr.
President. Through you, I would say that I
was remiss in not delivering it to Senator
Schneiderman. It clearly came in to my office
just recently. I actually haven't even
finished reading it yet, and I wanted -- and
it is a preliminary report.
1366
But I did want to have it with me
today for this debate to give to Senator
Schneiderman personally.
SENATOR LIZ KRUEGER: Thank you,
Senator Maziarz.
If I could speak on the bill, Mr.
President.
ACTING PRESIDENT BALBONI:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
Again, I am new to this issue and
the details of this particular pilot program.
But I think that all of us here in the Senate
should have taken a look at the preliminary
report, given the fact that it's been so many
years, and actually had an opportunity to
debate the findings of the report in the
context of moving forward with whether or not
to vote for an extension of this bill.
So I am saddened that we did not
have the ability to receive information that
might have been relevant to most of us here in
making the decision on the vote.
Thank you.
1367
ACTING PRESIDENT BALBONI: Any
other Senator wishing to be heard on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 225 are
Senators L. Krueger, Parker, Sabini, and
Schneiderman. Ayes, 58. Nays, 4.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
243, by the Senate Committee on Rules, Senate
Print Number 844, an act to amend the Tax Law,
in relation to the tourist home, inn, hotel or
motel taxes in Saratoga County.
ACTING PRESIDENT BALBONI:
Senator Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: If the
sponsor would just yield for a brief question.
ACTING PRESIDENT BALBONI:
Senator Owen Johnson, please.
1368
SENATOR SCHNEIDERMAN: Through
you, Mr. President, we now have a series of
bills, Calendar 243 through Calendar 286. My
question to the sponsor -- or to Senator
Johnson is, have the local governments
affected by each of these pieces of
legislation specifically requested the bills
we are about to vote on?
SENATOR JOHNSON: Yes, they have.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
Thank you, Senator Johnson.
ACTING PRESIDENT BALBONI:
Senator Schneiderman, does that mean you
remove your objections to all of the bills
that you laid aside, in that order that you
read out?
SENATOR SCHNEIDERMAN: That is
correct, Mr. President. In order to expedite
things, that was our question for all of these
bills.
ACTING PRESIDENT BALBONI: Thank
you very much.
Any other Senator wishing to be
heard on that bill?
1369
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
245, by Member of the Assembly Bradley,
Assembly Print Number 2769, an act to amend
the Tax Law, in relation to extending the
period.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1370
246, by the Senate Committee on Rules, Senate
Print Number 1561, an act to amend the Tax
Law, in relation to authorizing.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately on the first
month next succeeding.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
247, by the Senate Committee on Rules, Senate
Print 1603A, an act to amend the Tax Law, in
relation to authorizing the County of
Schenectady.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
1371
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
263, by the Senate Committee on Rules, Senate
Print 3058, an act to amend the Tax Law, in
relation to authorizing the County of
Montgomery.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
264, by the Senate Committee on Rules, Senate
Print Number 3059, an act to amend the Tax
Law, in relation to increasing hotel/motel
taxes in Montgomery County.
ACTING PRESIDENT MEIER: Read the
1372
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of the
month next succeeding.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
286, by the Senate Committee on Rules, Senate
Print Number 1562, an act to amend the Real
Property Tax Law, in relation to penalties for
late payment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
1373
THE SECRETARY: Calendar Number
291, by Senator Balboni, Senate Print 3283A,
an act to amend the Economic Development Law,
in relation to creation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 32. This
act shall take effect --
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Balboni, an explanation has been requested of
Calendar 291.
SENATOR BALBONI: Thank you, Mr.
President.
This bill is one of a series of
bills, several of which we've already passed
today, that essentially tries to ease the
transition from the workplace to the
battlefield.
Many people are perhaps not aware
that almost half of the U.S. military are what
they call citizen soldiers. First of all,
it's an all-volunteer army. That's essential
to consider. But half of the people, when
1374
deployed, will go from their jobs as lawyers,
farmers, doctors, accountants, teachers, will
drop everything and will go overseas to place
themselves in harm's way.
This bill in particular is a series
of what I believe are common-sense changes in
the law that will enable our military
personnel to go overseas and fight for our
freedoms and safeties without having to worry
about their personal finances at home. Let me
go through just some of the provisions that
we're talking about.
This bill would amend the
educational military -- actually, the Military
Law to provide for educational military leave
of absence and tuition relief for students who
are called to active duty.
It would expand the Human Rights
Law to protect military personnel against
discrimination. It would permit military
personnel to terminate a car lease if he or
she is called to duty. It would provide a
maximum rate of interest of 6 percent on all
obligations and liabilities while the
individual is engaged in state active duty.
1375
It would permit the suspension of
professional liability malpractice insurance
by military personnel while serving on active
duty.
It would create the War on
Terrorism Scholarship Program for children,
spouses, and dependents of New York military
personnel killed or disabled during a war on
terrorism or military action in Iraq.
It would permit the suspension of
loan payments for public employees who
borrowed against their retirement system
savings while the employees are engaged in
active duty.
It would authorize county-run
veterans' service agencies to provide services
to active duty, reserve, National Guard, and
militia troops.
It would provide the Governor with
an authority to issue an executive order
temporarily suspending for 30 days while
modifying specific provisions of any statute,
local law, ordinance, or rules relating to the
obligation of military personnel called to
active duty relating to the war on terrorism.
1376
It would create a New York-USA
Proud Employer of Distinction Award to
recognize companies that show exceptional
support for military reservists and guard
members, and establish the Patriot Discount
Program, a voluntary state-sponsored program
for merchants who agree to provide
reduced-price discounts for merchandise to all
military personnel.
It would provide free hunting and
fishing licenses for members of the Guard,
reserve, and state militia.
And, lastly, it would allow local
governments to hire back retired workers to
temporarily replace employees called on active
duty.
Several weeks ago, I visited the
Marine barracks in Albany and I watched a
Family Day, a deployment day for the 150
marines coming out of Albany. And for me, it
was the first time I'd seen such a deployment.
And for me, it was seeing one aspect of the
face of war.
There was the soldiers standing
there in their fatigues, and their families
1377
standing around them, children hugging them,
spouses hugging them and crying. And they
were afraid for many, many things, but you
could also see the anguish of what this was
going to mean to their basic family.
We owe these brave men and women
nothing less than to recognize their sacrifice
not only on the battlefield but to their
families that they leave behind. These are
common-sense measures that I'm very proud to
be a sponsor and very proud to have before the
body today.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, if the sponsor would yield for a
few brief questions.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield for a question?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Yes, I'd
like to direct the sponsor's attention to
1378
Section 13, the provision providing the
Governor with the power to suspend the
application of laws, rules or regulations for
a 30-day period.
The statute is drafted fairly
broadly. It says that whenever residents of
the state who are in the reserve or the
organized militia are ordered into active
service, the Governor can suspend any
provision of law if compliance with such
provision would create undue hardship for such
members.
Could the sponsor please provide
some examples of what this might entail or
what is anticipated by this broad grant of
authority to the Executive?
SENATOR BALBONI: Mr. President,
through you, that provision is a catchall
provision that would allow the Governor to
insulate active duty members from some of the
potential hardships that might arise out of
various obligations.
It is patterned after Article 2B of
the Executive Law that allows the Governor to
declare the existence of an emergency and
1379
therefore provide extraordinary powers to the
Governor, and is only in effect for 30 days.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Referring
to the 30-day limitation, my reading of this
is that the Governor can indefinitely extend,
without any check on that authority, for
additional periods of 30 days. Is that
correct? Or does it only provide for one
additional extension for 30 days?
SENATOR BALBONI: Mr. President,
through you, there are successive 30-day
periods in which this power could be given to
the -- or utilized by the Governor.
However, by concurrent resolution
of the Legislature, this power could be
rescinded.
1380
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. Thank you.
SENATOR BALBONI: Thank you very
much, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 32. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
294, by Senator Robach, Senate Print 3286, an
act to amend the Military Law, in relation to
authorizing additional paid leave.
ACTING PRESIDENT MEIER: Senator
Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: Yes, Mr.
President, through you, if the sponsor would
yield for a question.
ACTING PRESIDENT MEIER: Senator
1381
Robach, do you yield for a question from
Senator Schneiderman?
SENATOR ROBACH: I would, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Thank you.
The question is, what would the
fiscal impact of this legislation be if it was
enacted? What projections have been done, and
what are the current estimates?
SENATOR ROBACH: Sure. Through
you, Mr. President, while there is not a
fiscal note on this bill, I think that one
could conclude, to use the example of, let's
say, a state policeman who was called to
active duty -- and let me just use this
numbers arbitrarily -- who perhaps was making
$50,000 and is now going to get paid $30,000
on military leave, what this bill would do is
put that $20,000 back in to make he and his
family whole during his time of service
overseas.
And I don't think there would
really be a fiscal impact per se to the state.
1382
These are only state employees. As the bill
indicates, where the loss, if any, would occur
is that that person would not be completing
their job. But the compensation to that
individual would actually be the same.
So while there may not be any
aggregate planned expense, where the expense
would occur is there would be no public
employee or someone else would have to be
covering that duty.
That's my interpretation of this.
There has not been an exact fiscal note done.
Nor do I know if there will be able to do one,
given the paradigm that exists to compensate
these people at their current level of
compensation during military service.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. If the sponsor would yield for
another question.
ACTING PRESIDENT MEIER: Senator
Robach, do you continue to yield?
SENATOR ROBACH: I will, Mr.
President.
1383
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Has there
been any effort made to ascertain how many
state employees potentially might be affected
by this section in order to enable us, in an
understandable time of fiscal crisis, to make
some plan for the hiring of additional
employees that the sponsor has referred to?
SENATOR ROBACH: There has been
an attempt. I don't know if there's an exact
number. This is ongoing and changing through
a number of different issues -- one,
primarily, the length of the conflict, and
also how many people are going to get called
up.
So we don't have an exact number
that I could give you concretely. We're
hoping that that number is going to stay flat
and not go up, but no one really knows what
that is at this point.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, do we know how many
1384
employees have been called up so far?
Roughly, what we're talking about here, how
many state employees have been called up?
SENATOR ROBACH: I guess what
we'd have to take -- through you, Mr.
President, I believe 5,000 New Yorkers are now
on active duty. I'm not completely sure how
many of those are state employees, who would
be the only ones affected by this bill.
So I really don't have the exact
answer. I guess my answer to it would be
given the circumstances, I will admit to this,
our focus was not on the finite number but,
again, trying to make those people whole,
similar to ones that I have in my district and
I'm sure you may have in yours.
Where, for example, I have someone
who is an EMT, who's an older reservist who's
been called to active duty, has a child in
college, two kids in private school, and a
wife who currently is not working due to the
slowdown in the economy in Rochester. We're
trying to keep that family whole during that
time.
So our focus or at least my focus
1385
was more on getting this done, putting the
memorandum of understanding that the Governor
already has in compensating those people into
statute.
So I apologize for not having the
exact number, but that wasn't the exact focus
for me in this legislation. But we are in the
process of trying to monitor that more
closely.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President, on the
bill very briefly.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I think
everyone here shares the concern reflected in
this bill to, whenever it is possible, make
whole those who are undertaking a significant
sacrifice for their country.
I hope that with all of the bills
in this package, which I suspect are not going
to be enacted into law, that if there is an
opportunity to negotiate with the Assembly and
1386
actually do something that will become law and
affect the lives of the men and women who are
serving, that we pay attention in particular
to the broader needs they have upon their
return to our state and address some of the
issues that have been raised here in recent
weeks relating to employment, relating to
wages, relating to the delivery of healthcare
services.
Everyone here is concerned with
those who are serving in the military. We're
also concerned with everyone else who is
attempting to hold their family together and
who we would all like to make whole.
I hope that we will see some other
bills come forward that actually are
negotiated with the Assembly that will effect
some of the purposes behind today's package of
bills. And I'd look forward to being able to
vote on those later in the session.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Does any
other Senator wish to speak on the bill?
Then the debate is closed.
Read the last section.
1387
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee, that completes the
calendar.
SENATOR McGEE: May we please
return to the reports of standing committees.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Meier,
from the Committee on Social Services, reports
the following bill direct to third reading:
Senate Print 3252, by Senator
Hannon, an act to amend Chapter 629 of the
Laws of 1986.
ACTING PRESIDENT MEIER: Without
objection, directly to third reading.
SENATOR McGEE: Mr. President, is
1388
there any housekeeping at the desk?
Mr. President, if there's no
housekeeping at the desk, I would ask that you
please recognize Senator Stavisky for a
petition to discharge S411 from the committee.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
I have a motion at the desk, and I would like
to have it called up at this moment.
ACTING PRESIDENT MEIER: The
Secretary will read.
Senator Stavisky, you're asking
that we waive the reading? I'm sorry.
SENATOR STAVISKY: Yes.
ACTING PRESIDENT MEIER: Okay.
The reading of your motion is --
SENATOR STAVISKY: But I would
appreciate the opportunity to speak --
ACTING PRESIDENT MEIER: That's
right. Reading of the motion is waived, and
you're recognized for five minutes to explain.
SENATOR STAVISKY: It will take
less than five, much less than five minutes.
Mr. President, back in 1986 we
1389
passed the EPIC program. And in fact, in
2000, we enhanced it. We increased the income
levels, we lowered the copayments, quarterly
fees were reduced for the low- and
moderate-income people. And this became known
as the fee plan. The other part, known as the
deductible plan, we provided a new measure for
people with higher incomes.
Under the fee plan, we had a low
quarterly fee for people earning --
individuals earning up to $20,000, and $26,000
for a couple, married people.
The other option has become known
as the deductible plan, and single people up
to $20,000 -- from $20,001 to $35,000, and for
a married couple, up to $50,000.
So these are the two EPIC options
that are available for older Americans.
We made it affordable then. Now is
the time to make it accessible, accessible for
more people. We have limited the
out-of-pocket expenses, according to Senate
Bill 411, to up to 5 percent of their gross
annual income.
What has been happening, Mr.
1390
President, is that the costs of prescription
drugs has been increasing between 10 and
15 percent every year. People on Medicare
make up approximately 15 percent of our
population, but they use 35 percent of the
prescriptions that are prescribed annually for
people taking these medications.
Drugs make up the largest part of a
senior citizen's medical expenditures. And
it's time that we reduce their out-of-pocket
expenses.
Unfortunately, federal Medicare has
dumped many, many seniors. They got rid of
the so-called -- the people who are costing
the system too much money. And unfortunately,
Congress has not taken up the slack. 130,000
New Yorkers in the last two years have lost
their federal Medicare -- have had their
benefits reduced.
EPIC has picked up some of the
burden, but not all of it. And we find that
approximately 50 percent, half the older folks
receiving Medicare, about half of them have
signed up for EPIC. They have over 300,000
participants. But it's time to make it more
1391
affordable. For many seniors, the
prescription drugs are nothing more than
miraculous. They keep them alive, they keep
people alive, they offer opportunities that
never existed before for health care.
My amendment -- and I think it's
ironic that it's called Senate 411, as in
information number -- my amendment would cap
the expenses at, as I said, 5 percent. For
example, if a senior is earning $35,000, they
could spend nearly $3,000 in deductibles and
copayments. Under Senate 411, EPIC would
limit the cost to $1,550 per person, and they
would save approximately $1,200 a year.
Too many people have to choose
between food and medication. Some have to cut
their pills in half to make them last longer.
Others will skip a day. And that,
unfortunately, is very, very harmful to people
on Medicare.
EPIC was a bipartisan effort back
in 1986. And the changes, the enhancements
back in 2000 again was a bipartisan affair.
And I think it's time that the members on the
other side of the aisle join us in this
1392
bipartisan effort to limit the expenses that
people face, as I said, at 5 percent of their
gross annual income.
And this, I think, will -- the
$170 million saving to the people who now are
covered under EPIC would be returned to the
community. This is not maybe money. The
$170 million that people will be saving will
be in the economy, they will be using it to
buy food, to buy clothing and other
necessities in the community. There's no
question that this is going to stimulate the
economy and it will return itself many, many
fold.
So, Mr. President, I urge that this
amendment -- this legislation be adopted.
Thank you.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
before you canvass the membership, there will
be, following session, an immediate conference
of the Majority in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
1393
Immediate conversation of the Majority in the
Majority Conference Room following session.
Senator Onorato, why do you rise?
SENATOR ONORATO: Mr. President,
I'd like to announce that there will be a
Minority conference immediately following
session.
ACTING PRESIDENT MEIER:
Conference of the Minority in the Minority
Conference Room immediately following session.
Will those Senators in agreement
now with the motion to petition out of
committee please signify by raising your hand.
Please leave it up so that the clerk can get
an accurate count.
THE SECRETARY: Those recorded in
agreement are Senators Andrew, Breslin, Brown,
Dilán, Duane, Hassell-Thompson, L. Krueger,
Lachman, Montgomery, Onorato, Parker,
Paterson, Sabini, Sampson, Schneiderman,
M. Smith, and Stavisky. Also Senator
Stachowski. Also Senator A. Smith.
ACTING PRESIDENT MEIER: The
petition is lost.
Senator Skelos.
1394
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate, I move we stand adjourned until
Wednesday, March 26th, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Wednesday, March 26th, at 11:00 a.m.
(Whereupon, at 4:35 p.m., the
Senate adjourned.)